Research On Collateral Obligation Of Travel Agency In Tourism Contract

As a non-contractual obligation,the collateral obligation of travel agencies cannot be clarified.In practice,travel agencies often do not recognize the corresponding collateral obligation and repeatedly evade responsibility,resulting in the inability to protect the legitimate rights and interests of tourists and the disorder of tourism market.At present,the tourism industry is affected by the epidemic,and the collateral obligations of travel agencies,which were originally in the gray area of control,have become more difficult to clarify,exposing problems in this field.This means that it is urgent to clarify the content types,consequences and corresponding responsibilities of the collateral obligations of travel agencies in the tourism contract,which should be paid attention to.This thesis takes the collateral obligation of travel agency in tourism contract as the research object.The full text is divided into four chapters.Specifically:The first chapter starts with the analysis of the basic concept of the collateral obligation of the travel agency in the travel contract,discriminates the concept,characteristics,scope of the collateral obligation of the travel agency and the difference between the collateral obligation of the travel agency and other types of obligations,and separates the collateral obligation of the travel agency from the collateral obligation of the general contract in combination with the particularity of the tourism industry.The second chapter focuses on the legislative and judicial analysis of the collateral obligation of travel agencies in China,specifically analyzes how China’s current laws stipulate the collateral obligation of travel agencies,and how to identify and apply the collateral obligation in practice from the judicial point of view.It concludes that the legal provisions on the content of collateral obligation are limited and the provisions on the legal consequences and responsibilities of collateral obligation are vague;In practice,there is judicial chaos that the determination of collateral obligation is inaccurate and the legal consequences and responsibility of collateral obligation are not unified.The third chapter focuses on the current situation of the existing problems,analyzes Article 10 of the tourism law and 104 practical cases,defines the types of collateral obligations of travel agencies as protection obligations,promotion obligations and respect for customs obligations,then analyzes the connotation,difference from other obligations and specific content of the three types of obligations,and summarizes that the protection obligations cover the obligations of disclosure,warning and rescue;The promotion obligations include giving notes and vouchers,informing the change of itinerary,confidentiality obligations;The obligation to respect customs is the only explicit collateral obligation of tourism legislation.On the basis of the three types of obligations summarized in the previous chapters,the fourth chapter further defines the legal consequences of violating the three types of obligations and the responsibilities of travel agencies,makes it clear that violating the protection obligation will produce the right to terminate the contract,and travel agencies will bear the liability for breach of contract under the principle of no fault imputation;Violation of the obligation to promote and respect customs does not give rise to the right to terminate the contract,and the travel agency shall bear the liability for breach of contract under the principle of fault attribution.