Study On The Warning Duty Of Tourist Operators

The Tourism Law of the People's Republic of China and the Provisions of the Supreme People's Court on Several Questions Concerning the Application of Law in Trial of Tourism Dispute Cases all embody the provisions on the duty of warning and explanation of tour operators.In practice,judges judge the responsibility of tourism operators in some cases on the grounds that they fail to perform the duty of explaining and warning.However,different judges adopt different legal basis,because the content of the judgment lacks the explanation of the illegality of the behavior of tourism operators,leading to different understanding of the obligation of explanation and warning to tourism operators.Based on the analysis and explanation that the warning duty belongs to the security duty,this paper analyses the connotation and performance of the warning duty of tourism operators.Through the analysis of cases of tourism disputes,this paper focuses on the identification of the warning duty and its reasonable limit.This paper is mainly divided into four parts.The first part is to discuss the basic principle of the warning obligation of tour operators,that is,to clarify the reasons and basis for the tour operators to fulfill the warning obligation.In addition,through comparative analysis of the judgment results of the case,the author concludes that the duty of warning belongs to the obligation of security.The second part mainly describes the basis and scope of the warning obligation.Through the analysis of the cases of general tourism projects,dangerous tourism projects and tourists' warning obligation during their own activities,it shows the performance of the warning obligation of tourism operators in practice.The third part is mainly about the determination of violation of the duty of instructional warning,and illustrates clearly the determination of violation of the duty of instructional warning,the evaluation of the illegality of acts and the burden of proof for violation of the duty of instructional warning.The fourth part mainly analyses the reasonable limit of the duty of warning,that is,in order to balance the relationship between tourism operators and tourists,but not to increase the burden of tourism operators.Therefore,if the duty of explanation and warning of tour operators is in line with the industry standards,or because of the fault of tourists themselves or the damage caused by objective reasons,then tour operators can reduce or exempt from liability.