Traditional Culture Encyclopedia - Travel guide - What legal liability will a travel agency bear if it fails to fulfill its contractual obligations?
What legal liability will a travel agency bear if it fails to fulfill its contractual obligations?
Legal analysis: First, if a travel agency fails to perform its obligations under a package tour contract or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses; secondly, if the travel agency causes personal injury to the tourist In case of damage or property loss, the travel agency shall be liable for compensation in accordance with the law; finally, if the travel agency fails to fulfill its safety prompts and rescue obligations during the period when tourists arrange activities on their own, it shall bear corresponding liability for tourists' personal injury and property loss.
Legal basis: "Tourism Law of the People's Republic of China"
Article 49 Operators who provide transportation, accommodation, catering, entertainment and other services to tourists, It shall comply with the requirements stipulated in laws and regulations and perform its obligations in accordance with the contract.
Article 100 If a travel agency violates the provisions of this Law and commits any of the following acts, the tourism authority shall order it to make corrections, impose a fine of not less than RMB 30,000 but not more than RMB 300,000, and order it to suspend operations for rectification; If there are serious consequences such as detention of a tourist, the travel agency business license shall be revoked; the directly responsible person in charge and other directly responsible personnel shall be fined not less than 2,000 yuan but not more than 20,000 yuan, and the tour guide license shall be temporarily withheld or revoked: (1) During tourism Changing the travel itinerary without authorization during the itinerary seriously damages the rights and interests of tourists; (2) Refusing to perform the contract; (3) Entrusting other travel agencies to perform the package tour contract without obtaining the written consent of the tourists.
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