Subject Identification and Liability for Damage in Legal Relations of Cruise Travel

Abstract

When a travel agency signs a travel contract with a tourist in its own name and sells cruise travel products to tourists, a package tour contract is established between them. In this case, the tour service will be actually provided by the cruise company, which is a performance assistant of the package tour contract. If a tourist suffers personal injury due to the fault of the performance assistant, he is entitled to ask the travel agency to bear the liability within the scope of the performance assistant.

Case brief

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Court decision

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Review

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(1) Legal relations among tourists, cruise companies and travel agencies

① Tourists and travel agencies

② Tourists and cruise companies

③ Travel agencies and cruise companies

(2) Explanation and security obligations of travel agencies

      ① Expanation Obligation

      ② Security Obligation

(3) The liability of travel agencies and cruise companies

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