Study On The Damage Liability Of Travel Agency For Breach Of Contract

In recent years,the number of international and domestic tourists has been increasing year by year,according to the tourism report released by the ministry of culture and tourism on August 22,2019.In the first half of 2018 alone,the number of domestic tourists has reached a new record high,reaching 2.826 billion,and the number of inbound tourists reached 69.23 million.With the vigorous development of tourism,the number and types of tourism contract disputes are increasing.Among them,the problem of damage to tourists caused by the default of travel agencies is particularly prominent.However,at present,China's tourism law is not perfect,the handling of tourism contract disputes can not do justice.This situation is not conducive to protecting the legitimate rights and interests of tourists,not to mention the development of the tourism industry.In view of this,This paper focuses on the liability of travel agency for breach of contract damage.The first part defines tourism contract in a narrow sense.According to the operating characteristics of tourism industry,this paper holds that the nature of tourism contract is different from that of intermediary contract and contracting contract.And,there are travel agency assistants in addition to tourists and travel agencies in the performance of the tourism contracts.According to article 64 of the contract law,travel agencies shall bear the responsibility if the tourism activities cannot be carried out normally due to the negligence of the travel agency assistants.The second part discusses the liability principle of compensation for breach of contract of travel agency.Tourism contract which involves many factors,not simply apply the principle of no-fault liability or fault liability principle.In this paper,the principle of tourism contract liability is divided into two categories according to the different damage consequences.If the breach of the travel agency causes damage to the property of tourists,the principle of no-fault liability should be adopted to fully protect the property interests of tourists.If the breach of the travel agency causes non-property damage to tourists,the principle of fault liability shall be adopted to investigate the travel agency's liability.The third part discusses the non-property damage in the tourism contract,which is also the focus of this paper.The particularity of tourism contract determines that its ultimate purpose is to seek spiritual pleasure.No matter based on complete compensation rules or reasonable predictability rules,compensation for non-property damage cannot be denied.In addition,this paper argues that compensation for mental damage is not the same as compensation for non-property damage,and non-property damage includes not only mental damage,but also physical damage,time damage,etc.It can be seen that time wasting damages is an independent non-property damages,which is different from spiritual damages.The fourth part aims at the deficiency of the current legislative system,discusses the relief methods of non-property damage,makes it practical and operable,and is convenient to fully protect the legitimate rights and interests of tourists.