A Study On The Responsibility Of Tour Organizing Agency For Breach Of Contract In A Travel Contract Dispute

Because the scope of contents of travel service contracts are comprehensive,it not only includes reception service,spots exploratory service,but also provides transportation,accommodation,catering,shopping,entertaining etc.So in practices,the most common case is that the contract is signed between tour organizing agency and travelers,then the former provides the latter with actual services based on the social division of labor such as hotels,restaurants,and scenic areas.In the process of carrying out of the travel contract,the most important problem in disputes is who would responsible for legal liabilities as some unexpected loss were imposed on travelers.This article puts tour organizing agencies as a main research subject because they play an extremely consequential role in the disputes.I propose solutions for solving these disputes through teasing out the obligations that the tour organizing agency should take on according to legal ground.The first part is to raise the question,start with the analysis of representative case in tourism contract disputes and trail practice which leads to the judicial differences in tour organizing agency's liability for breach of contract in the handling of tourist disputes,and respectively elaborates judicial differences of tour organizing agency's liability for breach of contract due to their own reason and that of the third-party liability.The tour organizing agency's liability for breach of contract is mainly concerned with whether it is based on its fault or not.If the tour organizing agency assumes the liability for breach of contract due to the third party,then the focus will be on two aspects,namely,the definition of the scope of the third party and if there is a fault in the third party.The second and third parts are analytical questions.On the basis of the analysis of legal theory and of comparing the different viewpoints of the current academic circles.To clarify the legal relationship between the tour organizing agency and other entities in travel contract disputes and the basis for breach of contract liability.Mainly from the following aspects:First,the tour organizing agency for its own reasons to bear responsibility for breach of contract;Second,tour organizing agency should be responsible for the loss of tourists caused by the local travel agency,but what is the theoretical basis?Third,after the tour organizing agency assumes responsibility for the tourists,it can ask the local travel agency and the fulfillment of assistants for compensation.What is the legal basis?Fourth,analyze the relationship between Article 71 of the Tourism Law and Article 4 of the Judicial Interpretation of Tourism Disputes,Articles 65 and 121 of the Contract Law and their practical application.The fourth part is the conclusion part.By distinguishing and analyzing the relationship between tour organizing agencies and other legal subjects in travel contract disputes and the basis for breach of contract liability,to realize the self-consistency among different legal provisions.