Research On Security Obligation Of Travel Agency

Whenever the tourism industry of our country has developed rapidly in recentyears, the domestic main scenic spots will be crowded in golden week, at the sametime, constant disputes between travel agency and tourists, tourism safety hasreceived extensive attention. The supreme people’s court promulgated the relating totravel disputes provisions on some issues of applicable law in November2010,article7of the travel agencies have to bear the security obligation are clearly defined. Sincethen in the treatment of the tourists personal injury compensation cases, the court allaround as according to the travel agency for accountability. however, often directruling travel most or all of the responsibility, caused many travel agencies in practicebecause of too much responsibility and face the risk of failure, which affects thehealthy development of the tourism industry.This article generally consists of four chapters, in view of the problem ofsecurity obligation of travel agencies. The paper begins from the typical cases ofinfringement, a tourism travel agencies are discussed the nature of the securityobligation, legal basis and the specific content. Based on the violation of securityobligation of travel agencies conducted in-depth discussions of tort liability, andcombining the cases analyzed such liability under the fault judgment, the cognizanceof relation between damage fact and causality, also including related travel agencycan be made for defence purposes. Through profound analysis on the case ofinfringement of constitutive factors, aiming at dealing with such cases in the judicialpractice too much increase of travel agent liability phenomenon, follows the essenceof equity and justice requirements, this article proceed from the reality, for reasonablescattered travel agency liability risk put forward some humble opinion on this problem in the last part, in order to balance the rights and obligations relationbetween travel agency and tourists benefit, promote the long-term development of thetourism industry.