The Liability Of Tour Organizing Agency For Other Parties' Infringement

At the present stage,the liability of the tour authorizing agency caused by the infringement of other parties mainly has two solutions:The Tourism law,and The Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Tourism Disputes.But there are many differences in some aspects between this two regulations.There are two main aspects: whether the public transport operator belongs to the fulfillment of assistant,and what kind of liability the tour organizing agency should bear when the infringement is not self-inflicted.About the issue of whether the public transport operator belongs to the fulfillment of assistant.we should Consider the contractual relationship between the tour organizing agency and the public transport operator,The characters of this subject are also different from the fulfillment of assistant,the judge of The Supreme People's Court said that "such as planes and trains,those public transportation are not be controllable by tour operators." At the same time,traffic operators who only provide tourist passenger services are fulfillment of assistant,and at the perspective of responsibility identification,the scope of fulfillment of assistant should not include the public transport operator.Once the classification of public transport operator has been solved,the infringement liability of the tour organizing agency will be solved easily.And the issue of the liability of the tour organizing agency.As the tour organizing agency has the right to appoint,supervise,control the fulfillment of assistant and obtain the gain.Therefore,according to the theory of risk control and the theory of profit and loss consistency,the tour organizing agency should apply strict liability.In addition,according to the debt class theory and the subjective purpose of the common theory,The debt of tort damage of both does not belong to the same class,and there is no agreement of contributory infringement,so the tour organizing agency should apply The unreal joint obligation.For other tort subject,since the result of such damage is unforeseeable,so the tour organizing agency should not bear an excessive level of responsibility.Therefore,Tour organizing agency should bear the supplementary responsibility under the premise,if they do not fulfill the Security obligation.