Study On Travel Agency's Security Guarantee Obligation

With the improvement of people's standard of living, more and more people participate in tourism as a leisure entertainment. However, the dispute also will be increased, many of whom are tourists personal security disputes. Tourism is a risky activity. And the biggest characteristics of tourism is the remote, visitors must leave their daily life and the working environment to a new place to complete tourism, the mobile space and unfamiliar environment can cause many dangers. In order to guarantee the safety of tourists, travel agencies should be allowed to assume responsibility for security, urged her to do security obligations. Travel agents for tourists responsibility of the safety and security is the basic problems of this paper.This paper is divided five major parts. Purpose is to analyze the safe and security responsibility of the travel agents theoretically.First part has summarized the responsibility of the safe and security responsibility of the travel agents mainly from three aspects. The first aspect, the safe and security responsibility of the travel agents premise is insurance duty violating. First of all, briefly introduced the concept of security obligations. That is Natural persons, legal persons and other organizations, and other civil entities in accordance with the law for the protection of others should be the personal property and safety obligations, not to do such obligations, resulting in a personal or property rights of others damaged, it should be held liable for compensatory damages. Second mainly introduce the the nature of the security obligations. The second aspect, travel agent responsibilities for ensuring security in the nature of both the nature of tort liability, but also the nature of the liability for breach of contract. But in practice, the visitors held travel agents infringement liability. The third aspect, to discuss security responsibility of the travel agencies on legal merits. Note from the travel agencies to bear the responsibility for security is justified.Second part presents several travel agencies which should bear the main responsibility for security. First of all, travel agencies should charge for their acts, which is Needless to say. Second, under the principle of relative contracts, travel agencies in the tourism bear the responsibility of those responsible for the trigger. Travel agencies should hold the responsibility for guides. If guides are officially staff, then, is corporate travel agents, corporate responsibility for their employees, which are prescribed by law. If guides are employees, in accordance with the law, an employer should be responsible for the acts of employees, travel agencies still have to act responsible for the tour guides. Finally, if you do not have to travel agencies to the security obligations, but also for the third supplementary liability tort negative, which is provided by the law of our country, and its purpose is to better protect the latter's personal and property safety.Third part analysis the constitutive elements of travel agencies responsibilities for ensuring security. Responsibilities for ensuring security in the composition of the elements is divided into elements constitute infringement liability, liability for breach of contract constitute elements. This analysis of some key elements of a tort liability. Tort Liability Elements from tort cases, and undermine the facts, violations and the fact that damage to a causal relationship. It should be mentioned the following three points: no act is the main form of tort, fault is that travel agents have to pursue the necessary elements of tort liability, and liability for breach of contract does not have to prove fault, travel agents assume responsibility for security must be damage to the fact that visitors should be personal, property damage. I believe that, in discussing the violations and damage to the causal link between the facts, the law should introduce foreign causal relations theory, in line with China's national conditions to re-establish the causal relationship between theory. The fourth part, first of all, analysis the way that the travel agents shuold assume responsibility. Such as restitution, payment of liquidated damages, compensation for losses. Several responsibility in this way, the travel agent by the breach of security obligations to bear the main responsibility is compensation for losses. This is compensation for losses from this form of liability by the decision of the General. Secondly, elaborate the travel agency on damages for infringement of the principles and range. And discussed the existing provisions compensation for the death. Finally the author expressed the view that the damages for breach of contract for travel agents and whether the travel agents should bear the damages for breach of contract spirit. The author believe tourism is a kind of spiritual products consumption, the travel agency will give tourists breach the spirit of damage to a certain extent. Ask travel agents commitment to the spirit of damages for breach of contract, which is not only the protection of the rights and interests of tourists, but also improve tourism services. So, it is right that the travel agents deal with breaches of the moral damage compensation.Fifth part exempts the subject which can make travel agencies from responsibilities for ensuring security. From infringement liability perspective, force majeure, accidents, the victim fault, the victim's consent are the subject of travel agents disclaimer. From liability for breach of contract terms, force majeure, and they agreed to the exemption clause is the subject of travel agents disclaimer. Disclaimer provisions of the agreement depends on the effectiveness of various countries and regions to the law. At the same time, the author according to the actual situation should be appropriate restrictions to the safety and security of responsibility. This is because tourism is a risky activities, unlimited expansion of travel agencies operating risks not conducive to the growth of travel agencies. So, I propose legislation in China in the tourism, we can draw on national legislation, to travel agencies engaging.