The Conflict and Corordination between Travel Agency's No-Fault Reasons and the Associated System:Focusing on Article 67 of the Tourism Law
The Article 67 of the"Tourism Law of the People's Republic of China"harbors conflicts between the integrated legislative attribution of responsibility and associated systems:the causes not attributable to the travel agency as an exemp-tion for the tour organizer conflicts with its strict liability;additionally,the reasons for the traveler's termination and ex-emption violate the consistency of the legal order.To resolve these systemic conflicts,it is necessary to refer to the decom-posed legislation of Japan and the Taiwan region of China,and to achieve systematic coordination of the causes not attribut-able to the travel agency and related systems through re-interpretation of the law:deconstruct the strict liability stipulated in Article 70 of the"Tourism Law of the People's Republic of China",and establish a liability system where the travel a-gency's fault liability is the primary consideration and strict liability is secondary,thereby resolving the conflict between Ar-ticle 67's use of usual incidents as a reason for the travel agency to be exempt from liability and the travel agency's assump-tion of strict liability;by purposefully narrowing the scope of"affecting the travel itinerary",supplement the purposive con-ditions for the application of Article 67 of the"Tourism Law of the People's Republic of China",to restrict the misuse of the statutory rights to terminate of the travel agency;interpret the termination and liability due to the traveler's reasons in Article 66 of the"Tourism Law of the People's Republic of China"in a reverse manner,such that events attributable to the traveler cannot be exempted and the traveler does not have the right to terminate,thereby limiting the scope of"events that the travel agency and the service provider cannot avoid even with reasonable attention"as mentioned in Article 67 of the"Tourism Law of the People's Republic of China".
principle of attribution of responsibilitythe elements of the right to terminatereasons for exemption from liabilitytravel agenciestourists
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