How do travel agencies avoid risks?

We usually choose to travel, and finding a travel agency is a common way to save money and worry. Then, tourism is one of the most accidents in various service industries, because there are too many force majeure factors.

1. 1. Tourists who fail to tell the truth are exempted from liability.

In the process of traveling, tourists participate in tourism activities that are not suitable for their physical conditions without telling the real information, and the travel agency does not bear the liability for compensation. In addition, if the travel agency discourages tourists from participating in tourism activities that are not suitable for their physical conditions, the travel agency will not be responsible for the personal injury caused by it.

2, 2, the third person from the damage caused by tourists.

In the course of traveling, if the behavior of a third person causes personal injury or property loss to tourists, the third person shall bear the responsibility. If the travel agency fails to fulfill its security obligations, it shall bear corresponding supplementary responsibilities for the part that cannot be compensated by the third party. For example, after C signed up for a tour organized by D Travel Agency, D Travel Agency transferred C to a travel agency without C's consent. During the tour, the tourist bus of A travel agency was hijacked by B, and B caused the tourist travel agency to be injured in the hijacking process. Party B shall bear the tort liability to Party C. Whether the travel agency bears the liability depends on whether it has fulfilled its security obligations. If it cannot be proved that Travel Agency A has fulfilled its security obligations, Party C may require Travel Agency D and Travel Agency A to bear joint liability commensurate with the degree of fault for the part that Party B cannot compensate.

3. Exempt tourists from losses incurred when arranging their own activities.

Self-arranged activities include independent and free activities arranged by travel agencies during the tour, activities that tourists do not participate in the tour, and personal activities that tourists leave the team temporarily with the consent of tour guides or tour leaders. During the above-mentioned period, tourists have generally left the team to act alone, so travel agencies have no way of knowing the activities of tourists and can't control the possible personal and property risks of tourists. Furthermore, travel agencies cannot provide security obligations and notification obligations. Therefore, if tourists suffer personal or property losses during this period, travel agencies generally do not bear the liability for damages. However, travel agencies should take reasonable and necessary protection and rescue measures to avoid losses to tourists' personal and property rights and interests. For example, when tourists suffer personal or property damage such as money loss, illness, injury, robbery, etc. in their free activities, travel agencies should attach assistance obligations such as assisting tourists to report to the police and sending them to the hospital for medical treatment. In other words, only when the travel agency fails to fulfill the above-mentioned rescue obligations can tourists invoke this article to investigate the responsibility of the travel agency and the travel agency that actually provides travel services.

4. Exemption from infringement of tourists' rights and interests by tourism auxiliary service providers

It is generally believed that tour guides, airlines or tour bus companies, or restaurants that actually receive tourists, usually have cooperative relations with travel agencies. At this time, tour guides, airlines, tour bus companies or hotels that receive tourists are all in the position of performance assistants of travel agencies to fulfill their obligations to tourists. Therefore, there is no travel contract relationship between them and the tourists. For example, a passenger signs a travel contract with B travel agency to participate in the East China 10 day tour organized by B travel agency. Travel agency B reached a contract with Hotel C for the benefit of the third party, and passenger A stayed in Hotel C for the benefit of the third party, but there is no travel contract relationship with Hotel C. Therefore, when tourists suffer personal injury or property loss due to the reasons of tourism auxiliary service providers, tourists can directly sue the tourism auxiliary service providers and investigate their tort liability. However, after the travel agency that actually provides tourism services has fulfilled the obligation of carefully selecting and designating the tourism auxiliary service providers, tourists may not ask the travel agency to bear the liability for damages.

5. Exempt tourists from the losses suffered after leaving the group.

The so-called leaving the group generally refers to the behavior of group tourists leaving the tour group without the consent of the tour guide and not completing the agreed itinerary with the group. In the process of tourism, the behavior of tourists leaving the tourism team without permission violates the cooperation obligation of tourists and belongs to serious breach of contract. Travel agencies generally don't know where tourists go during their departure. In fact, this makes it impossible for travel agencies to continue to provide travel services and fulfill related obligations. Therefore, unless it can be proved that the travel agency is at fault in the problem of tourists leaving the group, the travel agency will not be responsible for any personal injury or property loss suffered by tourists after leaving the group.

6. Exempt tourists from the loss of personal belongings

In the trial practice, disputes caused by the loss of tourists' luggage and articles occur from time to time. Tourists' luggage can generally be divided into luggage and personal belongings. Travel agencies should fulfill the obligation of keeping luggage and inconvenient to carry with them. However, whether tourists have the obligation to keep their belongings, such as cash, securities and valuables, is controversial in practice. If tourists don't keep it in advance. Some people think that in tourism relations, tourists are consumers and travel agencies are operators providing tourism services, and there is a legal relationship of consumption between them. If a tourist's personal belongings are lost during the trip, from the perspective of comprehensively protecting the legitimate rights and interests of tourists, we can consider applying the Consumer Protection Law to require the travel agency to bear the responsibility. The reason is that the first paragraph of Article 18 of the Consumer Protection Law stipulates: "Business operators should ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and ways to prevent harm should be explained and marked. According to this article, travel agencies should ensure that the services they provide meet the requirements of tourists' property safety. If a travel agency violates the provisions of this article, tourists can demand the travel agency to bear the liability for compensation according to the second paragraph of Article 48 of this law, which stipulates that "if the operator fails to fulfill the obligation of ensuring the safety of consumers and causes damage to consumers, it shall bear the tort liability".