On The Contract Subject Responsibility Of Travel Agency

According to the relevant regulations and rules of the travel contract,the travel agency shall provide tourists with a full range of comprehensive travel services such as restaurants hotels and transportation and so on.Therefore,when fulfilling the relevant content of the travel contract,in addition to the liability for breach of contract caused by the travel agency ' s own reasons for breach of the treaty,the tourism auxiliary service providers – restaurants,hotels,transportation and other factors have caused all the interests of the tourists to be impaired.The travel agency should also bear the corresponding legal responsibilities.However,up to now,Chinese tourism contract is still an unnamed contract,so once a tourism dispute occurs,it is mostly handled according to Chinese current "Contract Law".The direct result of low targeting is the inefficiency of handling disputes.In particular,the provisions on the subject liability of travel agencies in travel contracts are very rare,which further leads to greater difficulties in defending rights when the legitimate rights and interests of tourism consumers are violated.Therefore,this article carry out a detailed analysis of the main responsibility of the travel agency in the relationship of tourism contract.This paper first discusses and analyzes the related obligations of the travel contract service subject,and studies the type of contractual subject responsibility of the travel agency on the basis of clear subject obligations.including the travel agency's liability for negligence and breach of contract,and clarifies the legal reasons,liability principle and scope of application of liability for negligence and breach of contract.Through the excavation of the main responsibility of the travel agency in the travel contract in the practice activities,it is found that the legislation of the main responsibility of the travel agency in the current law in China is lacking.The main problems are the imperfect guarantee liability,the narrow scope of application of the punitive liability mechanism,and the tourism market supervision system.Imperfect,the tourism contract is not well-known in four aspects,through the discussion of the problem to give legislative advice.Studying the main responsibility of travel agencies in tourism contracts,promoting their perfection and clarity,is conducive to the effective handling of tourism contract disputes,and further safeguarding the legitimate rights and interests of tourism consumers,and is of great significance topromoting the harmonious,healthy and orderly development of Chinese tourism market.