Traditional Culture Encyclopedia - Travel guide - Does the travel agency need compensation for the air delay that caused the travel to shrink?
Does the travel agency need compensation for the air delay that caused the travel to shrink?
Before he left and more than a month after he came back, he claimed compensation from the travel agency many times, but the travel agency always thought that the shortening of the trip was caused by the airlines and was an "irresistible factor", so they were not responsible and did not belong to the scope of compensation. "Due to the air delay, the travel agency did not take enough measures, resulting in a' five-day tour' becoming a' four-day tour'. The travel agency failed to meet the service quality standards stipulated in the contract, thus reducing the itinerary. Therefore, travel agencies should pay 20% of the tickets for all scenic spots, and 20% of the tour guide service fee should also be paid to tourists because the tour guide service has shrunk accordingly. Legal analysis: 1. In this case, tourists have established contractual relations with travel agencies and airlines respectively, and their rights have been damaged. He can claim compensation from the travel agency or the airline for breach of contract. 2. Due to airline flight delay, the travel agency breached the contract. If the tourists breach the contract, according to the strict liability principle of the Contract Law, the travel agency should pay the tourists first, and then the travel agency should claim compensation from the airlines. However, due to the particularity of the tourism industry, especially in air travel, tourists directly establish contractual relations with two companies, and this travel agency has no direct contractual relationship with airlines, which makes the travel agency assume unwarranted responsibilities, which is a legal vacuum zone in the tourism industry at present.
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