Interpretation of Civil Code on Tourism Disputes

According to the provisions of the Civil Code, if two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability. According to this provision, Article 16 of the "Provisions on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases" is modified to read: "Tourism operators allow others to engage in tourism business under their names and cause personal injury and property losses to tourists. Tourists shall be liable in accordance with the civil law If the tourism operator and the affiliated party are required to bear joint and several liability under Article 1168 of the Civil Code, the People's Court shall support it. ”

According to the provisions of the Civil Code, force majeure is unforeseen and unforeseeable. Objective circumstances that cannot be avoided and cannot be overcome. Accordingly, the second paragraph of Article 22 of the "Provisions on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases" is modified to read: "If the luggage and items taken care of by the tourism operator or tourism auxiliary service provider for tourists are damaged or lost, the tourist shall request The people's court shall support compensation for losses, except in the following circumstances: (2) The loss is caused by force majeure." The original expression about "unexpected events" has been deleted.

Legal Basis

Article 22 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases" Tourism operators or tourism auxiliary service providers shall act as trustees for tourists If a tourist's luggage or items are damaged or lost, and the tourist requests compensation for the loss, the people's court shall support it, except in the following circumstances:

(1) The loss is due to the tourist's failure to obey the tour operator or tourism auxiliary service provider Failure to carry cash, securities, and valuables with you;

(2) The loss is caused by force majeure or unexpected events;

(3) The loss is caused by the fault of the tourist;

(4) The loss is caused by the natural properties of the item.