Study On The Transfer Mechanism Of Tourism Contract

Since the reform and opening up,people's living standards have been greatly improved,and people are eager for tourists.However,tourists usually don't have a deep understanding of the tourism destination.Therefore,many people prefer to choose the tour groups organized by each travel agency when choosing the travel mode.To ensure the integrity of Tourism activities,many aspects of division of labor are needed For example,the travel agency that organizes the tour group,the travel agency that is responsible for the ground connection,as well as the performance assistant,and so on.A complete tourism activity needs the cooperation of these tourism operators.Nowadays,people's enthusiasm for tourism is increasing,and the tourism industry has achieved great development.Nowadays,intensification and specialization have become its main development direction.The work of each tourism agency in tourism activities has gradually become specialization and specialization.For example,some tourism agencies are responsible for attracting tourists,some are responsible for developing tourism routes,and some are responsible for organizing hospitality And so on.Each travel agency of a tourism activity has a clear division of labor and cooperates with each other."Transfer" is not uncommon in the tourism industry.The so-called "transfer" is to transfer the tourism contract.The purpose of travel agencies is to increase profits and reduce costs.The large-scale emergence of "group transfer" makes the legal relationship among the multiple participants of tourism activities,such as the contact agency,group organization agency,group transfer agency and the performance assistant,more complicated.According to whether the transfer behavior of tourism contract in tourism activities can be divided into two kinds according to the permission and consent of tourists,one is to agree to transfer,the other is to transfer without permission.In the case of consent to the transfer,the legal relationship between the parties is as follows,in which the transfer agency becomes the third party to perform on its behalf,while the group agency becomes the debtor and the creditor is the tourist;if the Group Agency transfers without authorization,the legal relationship between the participants in the tourism activities becomes that the transfer agency and the Group Agency jointly undertake the debt,that is to say,the two constitute the coexisting debt Responsibility.When the transfer is agreed or disagreed by the tourists,the relevant liabilities for breach of contract are different.If the tourists agree to carry out the transfer,under the guidance of the two principles of responsibility for the performance of the assistant and the relativity of the contract,the responsibility is mainly borne by the group organization.If the tourists disagree with the transfer and the travel agency transfers without authorization,the responsibility is borne by the transfer The society and the organization shall be jointly and severally liable.When the tort occurs,when the tort liability occurs,the performance assistant is the main body of the tort.According to the provisions of the Supreme People's Court on Several Issues concerning the application of law in the trial of tourism disputes,when the delegation behavior is approved by the tourists,the tort liability shall be borne by the actual infringer.If the delegation behavior is unauthorized without consent,tourism operators need to bear joint and several liability with the performance assistant,and jointly bear the tort liability.in this regard,China's tourism law does not take the consent of tourists as the basis for bearing the liability.According to this law,whether or not the transfer behavior is approved by tourists,it is not true that the assistant and the operator bear the tort liability caused by the performance of the assistant in tourism activities Joint and several liability.Because in the current laws and regulations of our country,there is a lack of relevant provisions on compensation for breach of contract spiritual damage,so in order to make up for this lack,it can be replaced by relevant punitive compensation.The first part summarizes the transfer of tourism contract,introduces the concept of the transfer of tourism contract,the main types and characteristics,as well as the three relationship subjects in the transfer of tourism contract,and expounds the practical reasons and problems leading to the transfer of tourism contract.The second part summarizes the legal relationship of the transfer of tourism contract,discusses the legal relationship between the parties when the tourists agree to the transfer and the tourism operators transfer without authorization,and also discusses and expounds the relevant content of the performance assistant in the process of the transfer of tourism contract.The third part mainly discusses the responsibilities of tour operators in the process of transfer,which can be divided into two cases: breach of contract and tort.In the case of breach of contract,it discusses the cases that tourists agree to transfer the tourism contract and tourism operators transfer the tourism contract without permission.Thefourth part discusses how to protect the rights and interests of tourists under the transfer of tourism contract.Starting from the protection of the current tourism law,it puts forward the improvement of the relevant system of the tourism law.It also discusses how to improve the responsibility of tourism operators in the transfer of tourism contract,and tries to establish the system of spiritual damage compensation and improve the punitive compensation system for the disputes of tourism contract,so as to make it more effective We should protect the rights and interests of tourists.