A Study on Bearing Liabilities of Tourism Contract in Performance

摘要

The legal relationship of personal injury caused by the assistant performer in the tourism contract is complicated, which involves the multi-party legal body such as the tourism business operator, the assistant performer and the tourist, and the contractor may fulfill the liability for breach of contract and tort, and the blemish assured responsibility and other responsibilities. From the scenic area, public transport operators, hotels and other typical performances of the subsidiary caused by the case of breach of contract could understand as follows, due to the relative nature of the contract binding, when the assistant performer lead to personal injury, the tourism business operator should bear the liability for breach of contract, with the exception of public transport operators. In the specific lawsuit which the assistant performer lead to personal damage and property losses, the tourists have rights to choose the right between breach of contract and tort liability. In the light of the principle of breach of contract and the difficulty of the burden of proof, the tourist shall give have the right to claim damages for breach of contract when the tourists request the compensation for mental damage caused by the personal injury.