What liability does the travel agency bear if the items left by tourists in the car are stolen?

In practice, whether travel agencies should bear the responsibility for tourists’ lost belongings, the following points should be noted:

1. Whether both parties have made a clear agreement on the custody of tourists’ belongings. If an agreement is made, the custody of the items will be part of the contract. If the travel agency fails to take good care of the tourists' belongings, it will be a breach of contract and it should bear liability for breach of contract.

2. In the absence of an agreement, whether the tourists' luggage is under the control of the travel agency and whether it has been clearly handed over to the travel agency for safekeeping. As for the items carried by tourists, since they are completely under the control of tourists, travel agencies should not be liable for compensation for lost property of tourists as long as they fulfill their normal prompting, warning and notification obligations under normal circumstances. The travel agent is only responsible for the property entrusted to its management.

3. Whether the travel agency has any major negligence in the custody. In the travel contract, the travel contract signed by the travel agency and the tourists usually only agrees on the transportation, accommodation, attractions and other charging items. It does not include the custody of the tourists’ luggage. The two parties generally do not make an agreement in this regard. The custody of the tourists’ luggage is not included. The items are only incidental obligations of the travel agency. According to Article 366 of the Contract Law, “If the parties have not agreed on the storage fee or the agreement is unclear, and if it still cannot be determined in accordance with the provisions of Article 60 of this Law, the storage fee shall "It is free of charge." Article 374: "During the custody period, if the custody object is damaged or lost due to poor storage by the custodian, the custodian shall bear the liability for damages. However, the custody is free of charge and the custodian proves that he has no gross negligence. , shall not be liable for damages.” Based on these two articles, we can clearly see that the travel agency will be liable for compensation only if it has a "serious" fault for the loss of the tourists' belongings. In addition, according to Article 375 of the Contract Law, "If the depositor deposits currency, securities or other valuables, he shall declare it to the custodian, and the custodian shall accept it or seal it. If the depositor fails to declare, the item shall be damaged. "After the property is lost, the custodian can compensate it as an ordinary item." In this way, even if the travel agency causes the tourist's property to be lost due to gross negligence and the tourist does not "declare", the custodian can compensate it as an ordinary item, which can greatly reduce the travel agency's liability. .

4. Whether the travel agency fulfills its obligation to warn of dangers in accordance with the law. This is a legal obligation. If the travel agency fails to fulfill this obligation, it should bear corresponding liability for compensation. Article 21 of the "Travel Agency Management Regulations" stipulates that "travel agencies organizing travel shall apply for travel accident insurance for tourists and ensure that the services provided meet the requirements for protecting the personal and property safety of tourists; "Tourists should be given true explanations and clear warnings on matters concerning the matter, and take measures to prevent hazards." This puts forward requirements for the staff of travel agencies. No matter when getting on or off the bus, sightseeing, accommodation, etc., We should try our best to remind tourists to take good care of their belongings.

5. Whether the travel agency has taken corresponding preventive measures. Article 21 of the "Travel Agency Management Regulations" clearly requires travel agencies to take preventive measures against "dangerous situations", but these measures should be understood as what the travel agency can do. Travel agencies cannot be required to assume measures that they cannot take, and travel agencies can be expanded without restrictions. Responsibility, because tourists may encounter various unexpected events at any time during travel, such as traffic accidents, robberies, infectious diseases, etc.

In judicial practice, because laws and regulations do not clearly stipulate what preventive measures travel agencies should take, there are often large deviations in the understanding of various law enforcement agencies. Therefore, the court’s judgment and the quality of tourism The results of treatment by prisons vary greatly. In addition, travel agencies are in a relatively "strong" position compared with tourists. As a result, travel agencies often bear heavier responsibilities.

In July 2005, in order to reward five outstanding employees of the company, a company signed up for a tour of five cities in East China organized by a travel agency. Every time they visited a scenic spot or ate in a restaurant, the tour guide Tourists were reminded to take their valuables with them, but after arriving at Nanjing Library, some tourists still left their luggage in the car and lost it. The tourists claimed that their luggage contained high-end clothes and other supplies, and asked the travel agency for a high compensation of 7,000 yuan. After negotiating with the travel agency, After negotiations failed, the travel agency was sued to court.

The court ruled that the travel agency staff had clearly informed tourists to take their valuables with them, and those left on the bus should be regarded as ordinary items. Since the travel agency agreed to allow tourists to put ordinary luggage on the tour bus, As far as the travel agency has the obligation to keep the stored luggage of tourists, the travel agency failed to fulfill its obligation and caused the loss of the luggage of tourists. It should bear the corresponding liability for compensation. The travel agency was finally ordered to compensate the tourists for economic losses of 400 yuan.