Is it correct that punitive damages are mainly aimed at serious breach of contract by travel agencies?

Not entirely right.

The "Tourism Law" stipulates punitive damages liability in the case of serious breach of contract by travel agencies. This is a highlight in tourism legislation and should be paid attention to.

The so-called punitive damages refer to the liability for compensation in addition to the actual damage in order to punish and deter illegal activities that are malicious, barbaric, cruel, etc.

The main purpose of establishing punitive damages liability in law is to compensate for damages that cannot be claimed, to punish the defendant's behavior, and to deter the defendant or others from engaging in similar wrongful acts. Article 70 of the "Tourism Law" stipulates that travel agencies shall be liable for punitive damages for serious breaches of contract such as group cancellations. Its fundamental purpose is to compensate for the difficult-to-request damages suffered by tourists due to travel agencies' malicious failure to perform contractual obligations such as group cancellations. (including mental damage), punish travel agencies and deter other travel agency operators from engaging in similar illegal acts.

At the same time, it is also to strengthen the implementation of the "Tourism Law" through the power of tourists.

The elements for a travel agency to be liable for punitive damages include: first, the travel agency refuses to perform the contract if it has the conditions to perform; if the travel agency is unable to perform due to force majeure and unforeseeable events despite exercising reasonable care, it cannot It was believed that the travel agency refused to perform the contract.

Second, the tourist refuses to perform the contract despite the request; the tourist requires the travel agency to continue to perform the contract, which is a necessary procedure for the travel agency to bear punitive damages liability. The tourist's notice of intention to request the travel agency to perform can be It can be communicated through the staff of the travel agency or other fulfillment assistants of the travel agency.

If the travel agency still refuses to perform the contract despite the request of the tourist, it does not require the travel agency to express its intention to refuse to perform, as long as there is a fact of non-performance of the contract. Third, tourists suffer serious consequences such as personal injury and stranding; only tourists who suffer personal injury, stranding in other places or overseas due to travel agency staff abandoning the tour group, refusing to provide convenience, etc. can claim to be liable for punitive damages. .

Fourth, there is a causal relationship between refusal to perform and personal injury and detention.

As long as the above four requirements are met, tourists can request the travel agency to bear compensation of more than one time and not more than three times the travel cost.

It should be noted that punitive damages are compensation in addition to personal injuries and property losses that the travel agency should bear, and cannot be offset.

In addition, the provisions of Article 70 of the "Tourism Law" are not limited to travel agencies' behavior of abandoning groups. In tourism practice, those who refuse to park, turn on the air conditioner, and deny meals, etc., implemented in order to torture tourists, can all be included in the scope of punitive damages.

This is of great significance in curbing the vicious breach of contract by some travel agencies.

Of course, if the package tour contract cannot be performed or cannot be performed as agreed due to the tourists' own reasons, or causes personal injury or property loss to the tourists, the travel agency shall not be held liable.