Case Study Of Jiao Moujun's Travel Damage Compensation

With the abundance of tourism life,the behavior of unauthorised transfer of travel agencies is more common.As a result,the number of tourism disputes is increasing and the relationship is complex.One of the most typical performances is due to violations by travel agencies caused by the implementation of infringement committed by supporters.At the same time,various related legal issues such as the legal relationship of the responsible parties,the nature of liability,the scope of responsibility,and compensation for mental damage are obsessed,so,in-depth study of the case is quite practical.In this case,the original travel agency did not transfer the group to the transferred travel agency without first notifying the tourists.During the tour,the travel agency caused personal injury to the traveler.The original travel agency was sued by the traveler to the court for infringement on the grounds of infringement.Both parties jointly assume joint and several liability,and the transferee travels to the court as a third person.During the trial,the differences between the two sides mainly focused on how to determine the main body of tort liability and the main body of compensation and the application of compensation for spiritual damages and the amount of compensation.In the case of breach of contract and infringement of the conduct of the tour operator's behavior,how to determine the travel operator and its legal responsibility for performing the assistance,whether or not the tourism compensation can be applied for spiritual damage compensation is often the focus of such cases.Although tour operators are not direct infringers,tourism service providers are auxiliary performers who provide or assist in fulfilling contractual obligations.All of their actions represent tour operators and therefore do not constitute third party infringement.In addition,the tour operator who is a party to the contract has the obligation to protect the personal safety of the tourists.The act of transferring the group without consent is obviously faulty and should be held responsible.Although the original travel agency and the transfer agent are not established together,Infringement,but still have to bear joint and several liability,and even if the plaintiff filed a lawsuit for breach of contract,the liability for compensation for travel contract disputes should also include mental damages in order to more fully protect the physical and psychological interests of tourists.The court in this case finally stipulated in accordance with Article 10 of the "Regulations for the Handling of Travel Disputes"that the transferor and the transferee shall bear the joint and several liability and support the plaintiff's request for compensation for spiritual damages,thus achieving the effect of fairness and justice.