Analysis On The Case Of Wumou Sue A Travel Agency And A Tourism Company About Lourism Disputes

Tourism disputes are contract dispute or infringement dispute during tourism thatexists in tourists, tour operator and tourism auxiliary server. The sample case mainlyinvolves three issues: first, the tort responsibility identification of tour operator;second, the tort responsibility identification of tourism auxiliary server; third, themental damage compensation of tourism disputes.Tour operator and tourism auxiliaryserver mainly have security obligations, warning obligations and obligations to keepconfidential information in the tourism activity. The sample case mainly involvessecurity obligations. To tour operators, its security obligation mainly embodies in fiveaspects: reasonable design of tourist route; careful selection of tourism auxiliaryserver; provision of the professional tour guide; earnestly implement the warningobligations; relief obligations. To the tourism auxiliary server, it is the same with thetour operator. Tourism disputes in judicial explanation clearly specified if touroperator and tourism auxiliary server didn’t fulfill the security obligations that causedpersonal injury or property damage, tourists have the right to require both of themundertake corresponding liability for damages. There is academic debate about themental damage compensation of tourism disputes. Some people believe that it existsonly in infringement of damage, but in recent years there are some people think thatwe should allow default spiritual damage compensation based on the particularity ofthe tourist contract. The primary purpose of tourist contract is the pursuit of spiritualenjoyment and satisfaction and it has obvious directionality of spiritual interests. Ifthe contract purpose loss causes by the infringement of tour operator, it willundoubtedly bring spiritual loss to tourists. Especially for some tourism activities thathave special significance, the spiritual damage caused by infringement is huge.Therefore, tourists shall be allowed to initiate the mental damage compensation basedon default to tour operator for further protecting the spiritual benefit of tourists.