How to compensate for breach of travel contract

Since there are no provisions on travel contracts in the current "Contract Law" of our country, there are many differences in the handling of such issues by judges in different regional courts. Some judgments even It fundamentally violates the goal of fairness and justice. The author believes that the issue of liability for breach of contract in travel 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. First, tourists’ 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, such as handling procedures for going abroad, booking transportation, accommodation and other procedures. The travel agency needs the assistance of tourists to complete these procedures, such as submitting the necessary documents. When tourists fail to provide assistance and are urged by the travel agency within a reasonable period of time, if the tourists still fail to fulfill these obligations and the travel agency suffers losses, the tourists shall be liable for compensation. After the tour begins, if the tourist violates the agreement, terminates the contract at will or violates other agreed obligations, such as punctuality and punctuality, thereby causing losses to the travel agency, he shall bear liability for breach of contract. Second, the 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, and travel contracts signed by civil entities that do not have travel franchise qualifications and that exceed the business scope will not be effective, and the contract should not be designated as a travel 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 documents such as tickets, air tickets, admission tickets, meal tickets, accommodation vouchers, etc. for the passengers as scheduled, and bear the obligation to guarantee the rights and defects of these valuable documents. It is also necessary to inform other tourists of the customs and habits, special legal provisions, climatic conditions and other accompanying obligations of the tourist destination. If these obligations are violated, the tourist may be held liable for breach of contract in accordance with Articles 150 and 60 of the Contract Law. (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. If they do not have the usual value or agreed quality, they should bear liability for breach of contract. However, in real life, due to limitations in personnel and financial resources, it is difficult for travel agencies to provide all services in the tourism process. They often have to cooperate with other enterprises, such as transportation companies, catering, accommodation and entertainment companies, and tourism resource management companies. etc., since these enterprises and tourists are not parties to the tourism contract and are not bound by the tourism contract according to the principle of right-to-rights in the contract. However, these enterprises and travel agencies may have long-term cooperative business, joint ventures or accidental cooperation. Contractual relationship, so judges find it difficult to deal with such issues. In the author's opinion, liability for such issues can be dealt with in two situations. 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 "Contract Law", 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 file a complaint with them in accordance with the Contract Law 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. However, in real life, most travel contracts are standard clause contracts. Travel agencies often use standard clauses to exempt themselves from liability, and most of these clauses are directly added to the contract through the provisions of administrative regulations. The author believes that these exemption clauses should be limited and interpreted by the judicial authorities based on the strengthening of the protection of the interests of the weaker party tourists and the requirements of fairness and justice, so as to promote the correct resolution of tourism disputes and be conducive to the healthy development of the tourism industry. In recent years, with the continuous improvement of socioeconomic levels and people's living standards, more and more people have begun to choose to travel to relieve work pressure and enjoy life. At the same time, travel contract disputes have also increased, and the media has also commented on this Reports were made one after another, which aroused widespread concern from all walks of life. At the same time, it also raised the issue of how to bear liability for breach of contract in travel contracts. Since there are no provisions on travel contracts in the current "Contract Law" of our country, there are many differences in the handling of such issues by judges in different regional courts. Some judgments even fundamentally violate the goals of fairness and justice. .

The author believes that the issue of liability for breach of contract in travel 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. First, tourists’ 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, such as handling procedures for going abroad, booking transportation, accommodation and other procedures. The travel agency needs the assistance of tourists to complete these procedures, such as submitting the necessary documents. When tourists fail to provide assistance and are urged by the travel agency within a reasonable period of time, if the tourists still fail to fulfill these obligations and the travel agency suffers losses, the tourists shall be liable for compensation. After the tour begins, if the tourist violates the agreement, terminates the contract at will or violates other agreed obligations, such as punctuality and punctuality, thereby causing losses to the travel agency, he shall bear liability for breach of contract. Second, the travel agency’s breach of contract. Since the tourism industry in our country is a franchise industry, travel agencies must engage in tourism business. It is necessary to obtain a "Tourism Business License", and tourism contracts signed by civil entities that do not have the qualifications for tourism franchises and that exceed the business scope will not be effective, and the contract should not be designated as a tourism contract. Therefore, there is no issue of breach of contract in such cases. The 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 documents such as tickets, air tickets, admission tickets, meal tickets, accommodation vouchers, etc. for the passengers as scheduled, and bear the obligation to guarantee the rights and defects of these valuable documents. It is also necessary to inform other tourists of the customs and habits, special legal provisions, climatic conditions and other accompanying obligations of the tourist destination. If these obligations are violated, the tourist may be held liable for breach of contract in accordance with Articles 150 and 60 of the Contract Law. (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. If they do not have the usual value or agreed quality, they should bear liability for breach of contract. However, in real life, due to limitations in personnel and financial resources, it is difficult for travel agencies to provide all services in the tourism process. They often have to cooperate with other enterprises, such as transportation companies, catering, accommodation and entertainment companies, and tourism resource management companies. etc., since these enterprises and tourists are not parties to the tourism contract and are not bound by the tourism contract according to the principle of right-to-rights in the contract. However, these enterprises and travel agencies may have long-term cooperative business, joint ventures or accidental cooperation. Contractual relationship, so judges find it difficult to deal with such issues. In the author's opinion, liability for such issues can be dealt with in two situations. 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 "Contract Law", 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 file a complaint with them in accordance with the Contract Law 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 tourism 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 tourism services prevents the tourists from enjoying the tourism services in the tourism 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. However, in real life, most travel contracts are standard clause contracts. Travel agencies often use standard clauses to exempt themselves from liability, and most of these clauses are directly added to the contract through the provisions of administrative regulations.