How to compensate for the failure of outbound travel?

Because there is no provision on tourism contracts in the specific provisions of the current contract law in China, judges in different regional courts have many differences in handling such issues, and some judgments even violate the goal of fairness and justice. The author thinks that the responsibility for breach of contract in tourism contracts should be analyzed in detail. According to the different legal subjects, the breach of travel contract can be divided into the breach of tourists and the breach of travel agency. Most of the breaches of travel contracts are caused by travel agencies, and only a few are caused by tourists. First, tourists default. According to the time, tourists' breach of contract can be divided into breach of contract before the start of tourism and breach of contract after the start of tourism. Because travel involves transportation, accommodation, tour guides and other services, and travel contracts are generally based on groups, travel agencies have a lot of preparatory work before the start of travel, such as going abroad, booking transportation, accommodation and other procedures. Travel agencies need tourists' assistance to complete these procedures, such as submitting necessary documents. If the tourist fails to perform these obligations after being urged by the travel agency within a reasonable period of time without providing assistance, the travel agency shall suffer losses and the tourist shall be liable for compensation. After the tour begins, tourists who violate the contract, terminate the contract without authorization or violate punctuality, punctuality and other agreed obligations, thus causing losses to the travel agency, shall bear the liability for breach of contract. Second, the travel agency breached the contract. Because tourism is a franchise industry in China, travel agencies should engage in tourism business. You must obtain a tourism business license. The civil subject who does not have the franchise qualification of the tourism industry and the tourism contract signed beyond the business scope are invalid, and the contract should not be designated as a tourism contract, so there is no breach of contract in such cases. Travel agency breach of contract can also be divided into breach of contract before the start of tourism and breach of contract after the start of tourism. (a) before the start of the tour, the travel agency shall buy tickets, air tickets, boat tickets, meal coupons, accommodation coupons and other valuable tickets for passengers, and undertake the obligation to guarantee the rights defects of these valuable tickets. Tourists should also be informed of the customs, special legal provisions, climatic conditions and other accompanying obligations of the tourist destination. If this obligation is violated, according to the provisions of Articles 150 and 60 of the Contract Law, tourists may be liable for breach of contract. (2) After the tour begins, the travel agency shall provide services to the passengers in accordance with the law or the agreement, and shall ensure that the tourism services have the usual value or the agreed quality. Otherwise, they should bear the responsibility for breach of contract. However, in real life, due to the limitation of personnel and financial resources, it is difficult for travel agencies to provide all the affairs in the travel process. They often have to cooperate with other enterprises, such as transportation enterprises, catering and entertainment enterprises and tourism resource management enterprises. Because these enterprises and tourists are not parties to tourism cooperation and are not bound by contracts, they may have long-term cooperative business, joint venture or accidental contractual relationship with travel agencies, so according to the law. In the first case, if there is a contract dispute between the travel agency and this enterprise, the passenger can directly ask the travel agency to bear the liability for breach of contract according to Article 65 of the Contract Law of our country, regardless of whether it is at fault. If the travel agency itself is not at fault, it may claim compensation from the relevant enterprises at fault after assuming the liability for compensation to the tourists. In the second case, if the travel agency does not have the above relationship with these enterprises, and the tourists suffer losses due to the illegal or non-conforming services of these enterprises, the tourists can claim compensation from these enterprises according to the Contract Law or the Consumer Protection Law, and the travel agency should provide assistance according to the principle of good faith. However, if the travel agency is at fault, such as food poisoning caused by tourists eating in restaurants designated by the travel agency, tourists can choose one of them to claim rights. In addition, when the travel agency transfers the travel business without permission, resulting in the loss of tourists' rights and interests, personal and property damage or defects in the travel service of a third party during the performance of the contract, so that tourists can not enjoy the travel service of the travel contract, or even the third party provides poor quality travel service, tourists can ask the travel agency of the original contract party to bear the liability for breach of contract, and the third party and the travel agency can handle it according to the agreement, and the travel agency shall not defend the tourists on the grounds of the third party unless the third party subcontracts the tourists. However, in real life, most travel contracts are standard clauses, which travel agencies often use to exempt themselves from their responsibilities, and most of these clauses are directly added to the contract through administrative regulations. The author believes that the judicial organs should restrict and explain these exemption clauses based on the requirements of strengthening the protection of the interests of disadvantaged tourists and fairness and justice, so as to promote the correct settlement of tourism disputes and benefit the healthy development of tourism.

In recent years, with the continuous improvement of social and economic level and people's living standards, more and more people began to choose the way of travel to relieve the pressure of work and enjoy life. At the same time, tourism contract disputes are increasing day by day, and the media have also reported them, which has aroused widespread concern from all walks of life. At the same time, it also puts forward the problem of how to bear the responsibility for breach of travel contract. Because there is no provision on tourism contracts in the specific provisions of the current contract law in China, judges in different regional courts have many differences in handling such issues, and some judgments even violate the goal of fairness and justice. The author thinks that the responsibility for breach of contract in tourism contracts should be analyzed in detail. According to the different legal subjects, the breach of travel contract can be divided into the breach of tourists and the breach of travel agency. Most of the breaches of travel contracts are caused by travel agencies, and only a few are caused by tourists. First, tourists default. According to the time, tourists' breach of contract can be divided into breach of contract before the start of tourism and breach of contract after the start of tourism. Because travel involves transportation, accommodation, tour guides and other services, and travel contracts are generally based on groups, travel agencies have a lot of preparatory work before the start of travel, such as going abroad, booking transportation, accommodation and other procedures. Travel agencies need tourists' assistance to complete these procedures, such as submitting necessary documents. If the tourist fails to perform these obligations after being urged by the travel agency within a reasonable period of time without providing assistance, the travel agency shall suffer losses and the tourist shall be liable for compensation. After the tour begins, tourists who violate the contract, terminate the contract without authorization or violate punctuality, punctuality and other agreed obligations, thus causing losses to the travel agency, shall bear the liability for breach of contract. Second, the travel agency breached the contract. Because tourism is a franchise industry in China, travel agencies should engage in tourism business. You must obtain a tourism business license. The civil subject who does not have the franchise qualification of the tourism industry and the tourism contract signed beyond the business scope are invalid, and the contract should not be designated as a tourism contract, so there is no breach of contract in such cases. Travel agency breach of contract can also be divided into breach of contract before the start of tourism and breach of contract after the start of tourism. (a) before the start of the tour, the travel agency shall buy tickets, air tickets, boat tickets, meal coupons, accommodation coupons and other valuable tickets for passengers, and undertake the obligation to guarantee the rights defects of these valuable tickets. Tourists should also be informed of the customs, special legal provisions, climatic conditions and other accompanying obligations of the tourist destination. If this obligation is violated, according to the provisions of Articles 150 and 60 of the Contract Law, tourists may be liable for breach of contract. (2) After the tour begins, the travel agency shall provide services to the passengers in accordance with the law or the agreement, and shall ensure that the tourism services have the usual value or the agreed quality. Otherwise, they should bear the responsibility for breach of contract. However, in real life, due to the limitation of personnel and financial resources, it is difficult for travel agencies to provide all the affairs in the travel process. They often have to cooperate with other enterprises, such as transportation enterprises, catering and entertainment enterprises and tourism resource management enterprises. Because these enterprises and tourists are not parties to tourism cooperation and are not bound by contracts, they may have long-term cooperative business, joint venture or accidental contractual relationship with travel agencies, so according to the law. In the first case, if there is a contract dispute between the travel agency and this enterprise, the passenger can directly ask the travel agency to bear the liability for breach of contract according to Article 65 of the Contract Law of our country, regardless of whether it is at fault. If the travel agency itself is not at fault, it may claim compensation from the relevant enterprises at fault after assuming the liability for compensation to the tourists. In the second case, if the travel agency does not have the above relationship with these enterprises, and the tourists suffer losses due to the illegal or non-conforming services of these enterprises, the tourists can claim compensation from these enterprises according to the Contract Law or the Consumer Protection Law, and the travel agency should provide assistance according to the principle of good faith. However, if the travel agency is at fault, such as food poisoning caused by tourists eating in restaurants designated by the travel agency, tourists can choose one of them to claim rights. In addition, when the travel agency transfers the travel business without permission, resulting in the loss of tourists' rights and interests, personal and property damage or defects in the travel service of a third party during the performance of the contract, so that tourists can not enjoy the travel service of the travel contract, or even the third party provides poor quality travel service, tourists can ask the travel agency of the original contract party to bear the liability for breach of contract, and the third party and the travel agency can handle it according to the agreement, and the travel agency shall not defend the tourists on the grounds of the third party unless the third party subcontracts the tourists. However, in real life, most travel contracts are standard clauses, which travel agencies often use to exempt themselves from their responsibilities, and most of these clauses are directly added to the contract through administrative regulations.