How to compensate for overseas tourism infringement

Legal analysis: According to the relevant laws and regulations of our country, in overseas travel, if the travel agency fails to fulfill its security obligations and causes personal injury or property loss to the tourists, the tourists have the right to ask the travel agency to bear the responsibility. If the tourism business is transferred without the consent of the tourists, the tourists have the right to ask the transferor and the transferee to bear joint liability.

1. If the behavior of a third party causes personal injury or property loss to tourists, the third party shall bear the responsibility, and tourists can defend their rights according to local laws. In addition, if the tour operators (the acts of operating tourism business in their own names and providing tourism services to the public) and the tourism auxiliary service providers (the acts of having a contractual relationship with the tour operators, assisting the tour operators to fulfill their contractual obligations and actually providing tourism services such as transportation, sightseeing, accommodation, catering and entertainment) fail to fulfill their security obligations, the tourists can ask them to bear corresponding supplementary responsibilities after returning to China.

2. If personal injuries or property losses are caused by accidents, tourists can prove that tour operators and tourism auxiliary service providers have failed to fulfill their security obligations, which leads to accidents (for example, travel agencies have not explicitly reminded tourists to properly keep their personal belongings during their stay in hotels), and they can ask tourists to bear the responsibility. If the tour operator transfers the tour business without the consent of the tourists, the tourists also have the right to ask the transferor and the transferee to bear joint liability.

3. If personal injury or property loss is caused to tourists due to the reasons of tour operators, tourists have the right to choose to ask them to bear the liability for breach of contract or tort. From the point of view of compensation, tourists can claim compensation for mental damage if they claim tort liability, but if they sue for breach of contract, the court does not support compensation for mental damage. However, generally speaking, it is more difficult to choose the action of tort liability than the action of breach of contract. Therefore, whether tourists choose breach of contract or tort should depend on the specific situation.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.