On The Performance Of The Contract Of Tourism Service

Because travel service contracts are often performed in different places,travel agencies can not directly provide all services to tourists.In practice,the travel agency and the travel performance assistant sign the entrustment contract,and the travel performance assistant assists the travel agency to fulfill the relevant obligations of the travel contract,but the tourist does not directly sign the contract with the travel performance assistant.It is necessary to clearly define the scope,legal nature,obligation and responsibility of the tourism performance assistant in the case of damage caused by the tourist.The article is mainly divided into four parts.The first part is the general explanation of the assistant of the performance of the tourism service contract and the tourism contract.Because of the particularity of the performance of the tourism service contract,the existence of the assistant in the tourism service contract is really necessary.The tourism performance helper is a successor to the debt performance helper of the traditional civil law system,mainly including the agent and the user.This paper holds that the legal nature of the assistant to travel performance is an agent.With regard to public transport operators,transport of public transport from the perspective of the development of legal and judicial interpretation of regulations on public transport operators,and from the perspective of more comprehensive protection of tourists It is necessary and reasonable for the battalion to be attributed to the performance assistant.The second part is the travel contract fulfilling the contractual obligations of the assistant to the travel agency.The tourism activity involves the tripartite main body,and the tourism contract fulfillment assistant person undertakes the "hub" between the travel agency and the traveler in the tourism activity.The contract between the travel agency and the tourist performing assistant regarding the provision of services to the tourist is the "performing contract to the third party" stipulated in Article 64 of the Contract Law,and the tourist is the third person accepting the performance.The travel agency shall bear no fault liability for the damage to the tourist's rights and interests as a result of the intentional or negligent performance of the assistant.Travel Performance Supporters mainly have full performance of contractual obligations,reporting obligations and Duty to keep secret.The third part is the travel contract to fulfill the auxiliary person's contractual obligations to tourists.The legal relationship between the auxiliary person and the tourist is the debtor and the third party.At the same time,it is necessary to give tourists the right of direct request for the travel performance assistant.Because of the particularity of the tourism contract,the tourist performance assistant has the duty of safety and security to the tourist,the duty of informing,the duty of confidentiality,the duty of custody and so on.The fourth part is the civil liability of the tourism assistant.If the tourist's legal rights and interests are damaged as a result of failure or incomplete performance of legal obligations or contractual obligations,the tourist may claim liability for breach of contract or tort liability to the tourist's assistant for performing the duties.