Study On The Civil Liability Of The Subsidiary Of The Package Tour Contract

Tourism is a comprehensive industry with many elements including food,housing,travel,tourism,shopping,and entertainment.In addition,tourism is a modern service industry with labor-intensive characteristics,which plays an important role in the national economy and status.Tourists usually sign contracts with travel agencies in the form of package tours,so travel agencies and travelers naturally become parties to package travel contracts.However,in real life,because travel activities involve cross-regional nature,but travel agencies have limitations to fulfill their contractual obligations,so travel agencies alone cannot fully fulfill the contents of packaged travel contracts.The performing assistant has a very important position in the package tour contract because most of the services in the package tour contract are provided by the performing assistant to the tourist,and the performance of the performing assistant is stated in the package tour contract Whether the service is completed and related to the realization of the personal and property rights of tourists is of decisive significance.The travel agency assists the tour fulfillment person to complete the service content,resulting in the participation of the tour fulfillment person,which makes travel disputes more complicated.Moreover,due to the provisions of the civil law of the traditional civil law,the debtor's performance assistant person regulations lead to an unreasonable division of the main body of the package tour contract performance assistant person.The tourism assistant is not the main body of the package tour contract,but most of the services in the package tour contract are provided directly by the fulfillment assistant to the tourists.The performance of the auxiliary person has a very important position in the package travel contract,because the performance of the auxiliary person determines whether the services specified in the package travel contract are completed and whether the personal and property rights related to the tourist can be realized.China 's newly issued “Tourism Law” in 2013 and the “Judicial Interpretation of the Supreme People 's Court on Tourism Disputes” both stipulate what legal responsibilities and tort liability methods need to be fulfilled for performing assistants,but they are induced for profit.In the following,there will still be a situation where the supporting person infringes on the rights and interests of tourists.The root cause of this situation is that the regulations are not clear,and the degree of responsibility required by tourism performance assistants is relatively low.Therefore,the author refers to the concept and scope definition of the auxiliary person for the implementation of the reference travel contract,discusses the legal status and responsibilities of the auxiliary person for the implementation,and provides advice and suggestions for the construction of the legal responsibility system for the auxiliary person for the implementation of tourism in China.This article is divided into five parts.The first part: Study the significance and background of the auxiliary person for the execution of package tourism contracts,and the overview of the status of the auxiliary person for domestic and foreign research.The second part :A basic overview of performance assistants is divided into three small parts.The first part is the concept of package tour contract,the second part fulfills the constituent elements of the auxiliary person,and the third part is the legal status in the civil law or the "Tourism Law".The third part: Discusses in detail the responsibilities that the tour contractor needs to perform in the package tour contract,including the liability for breach of contract and liability for tort.The fourth part: The dilemma of the application of the legal responsibility of the auxiliary person in the packaged travel contract in tourism disputes,and this section points out the lack of liability for breach of contract spiritual damages in my country's tourism disputes by listing judicial cases.The fifth part: Put forward personal suggestions on the legal responsibility of the auxiliary personnel for tourism in my country,promote the systematic development of the responsibility system of the auxiliary personnel in China,and put forward forward-looking opinions and suggestions on the application of the legal responsibilities of the auxiliary personnel in the tourism in my country.