Study On The Legal Responsibility Of The Assistant Of Package Tour Contract

In the package tour,because of many links involved,long chain,travel agencies can not provide all the services,often with the help of transportation,accommodation,food and beverage,scenic spots,such as the power to complete the service payment.Therefore,once the dispute occurs,it will involve the travel agency,the tourist,the performance Auxiliary Person Tripartite Main Body,this causes the dispute settlement to be more complex.Tourists and travel agencies are the parties to conclude a package tour contract.In practice,more research is done on the contract and the rights and obligations of the parties to the contract,some of the more important points in the article are:First,as to whether a public transport operator is a performing assistant,I think we should take the possibility of intervention.It is necessary to say that the travel agency has no possibility of supervision,instruction and intervention to the public transport operator,and there is no contractual relationship between the two,so I do not think that public transport operators are performing AIDS.Secondly,in the event of breach of contract by the performing assistant,the liability of the performing assistant is owed to the travel agency and not to the tourist,on the basis of the relativity of the contract,since there is no contractual relationship between the performing assistant and the tourist,signed a travel assistance contract with the travel agency.Third,in the case of infringement due to the performance of the assistant,the Provisions on tourism disputes stipulate that the assistant shall bear direct liability for infringement,the Travel Agency shall bear the supplementary liability according to whether there is any fault when the assistant is selected or appointed.The Tourism Law stipulates that the travel agency and the performing assistant shall bear no real joint and several liability.I believe that the liability for direct infringement on the part of the auxiliaries has been clarified in certain provisions on tourism disputes,and that the tourism law gives tourists the right of choice in order to protect the interests of tourists as a vulnerable group,a tourist may claim tort liability from any party,and the provisions of the Tourism Law shall apply at this time.