Explanation of terms for liability for breach of contract in tourism

Legal subjectivity:

Travel disputes may be resolved through negotiation and reconciliation, or they may be resolved by one or both parties assuming certain legal responsibilities. There are no provisions on travel contracts in the sub-provisions of my country's current Civil Code. Regarding the handling of such issues, judges in different regional courts also have many differences in their judgments. Some judgments even fundamentally violate the goals of fairness and justice. The issue of liability for breach of contract in tourism contracts should be analyzed in detail. According to different legal entities, travel contract breaches can be divided into tourists' breaches and travel agencies' breaches. Most travel contract breaches are travel agencies' breaches, and only a few are tourists' breaches. 1. Tourist’s breach of contract. Tourists' breach of contract can be divided into breach of contract before the start of the trip and breach of contract after the start of the trip according to time. Since tourism involves transportation, accommodation, tour guides and other services, and travel contracts are generally group-based, travel agencies have a lot of preparation work before the start of the tour. The travel agency needs the assistance of tourists to complete these procedures. After the tour begins, the tourist violates the agreement, terminates the contract arbitrarily or violates other agreed obligations. 2. Travel agency’s breach of contract. Since the tourism industry in our country is a franchise industry, travel agencies must engage in tourism business. A "Tourism Business License" must be obtained. Tourism contracts signed by civil entities that do not have the qualifications for tourism franchises and that exceed the business scope are not valid. The contract should not be designated as a tourism contract. Therefore, there is no breach of contract in such cases. A travel agency's breach of contract can also be divided according to time into a breach of contract before the start of the trip and a breach of contract after the start of the trip. (1) Before the tour begins, the travel agency should purchase various valuable tickets such as tickets, air tickets, entrance tickets, meal tickets, accommodation vouchers, etc. on an arranged basis for the passengers, and bear the obligation to guarantee the rights and defects of these valuable certificates. It is also necessary to inform foreign tourists of the customs and habits, special legal provisions, climatic conditions and other accompanying obligations of the tourist destination. (2) After the tour begins, the travel agency should provide services to passengers in accordance with the law or agreement, and should ensure that the travel services have the usual value or agreed quality. However, in real life, due to limitations in personnel, financial resources and business level, it is difficult for travel agencies to provide all services in the travel process, and they often have to cooperate with other enterprises. In the first case, if there is a joint venture or entrusted business relationship between the travel agency and the enterprise, and a contract dispute occurs, the passenger can directly request the travel agency to bear liability for breach of contract in accordance with Article 65 of my country's Civil Code, regardless of whether it is at fault. If the travel agency itself is not at fault, it can seek compensation from the relevant enterprises at fault after assuming liability for compensation to the tourists. In the second case, if the above-mentioned relationship does not exist between the travel agency and these enterprises, and the tourists suffer losses due to illegal or illegal services provided by these enterprises, the tourists may report to the travel agency in accordance with the Civil Code or the Consumer Rights Protection Law and other corresponding laws and regulations. These infringing companies claim the right to claim compensation, and in accordance with the principle of good faith, travel agencies should provide assistance. However, if the travel agency is at fault, such as if a tourist gets food poisoning after dining at a hotel designated by the travel agency, the tourist can choose one of them to claim rights. In addition, when a travel agency privately transfers travel business and causes damage to tourists' rights and interests, during the performance of the contract, personal or property damage or due to a third party's defects in travel services prevents the traveler from enjoying the travel services in the travel contract, or even When a third party provides poor quality travel services, the tourist can ask the travel agency, one of the parties to the original contract, to bear liability for breach of contract. As for the third party and the travel agency, the matter can be handled in accordance with the agreement, and the travel agency cannot claim that the third party is responsible for the breach of contract. Claim defense against the traveler unless such subcontracting has the written consent of the traveler. To sum up, the main subjects of the question of liability for breach of contract in tourism disputes are tourists and travel agencies respectively. Most travel disputes are caused by travel agencies. Therefore, when tourists sign a travel contract with a travel agency, they need to clarify the travel agency's responsibilities. If there is a breach of contract during the subsequent travel process, they must dare to use the law to defend their rights. Only when various tourism disputes are correctly resolved can the tourism industry develop vigorously and healthily. Legal objectivity:

According to Article 577 of the Civil Code: If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall be liable for continued performance, remedial measures, or compensation for losses and other breaches of contract. responsibility.