September 1, 2008, Ms. Wang Shenyang, a travel agency with the signing of the "Benxi Huanren" Two-Day Tour Tour Contract, tourism, travel agencies hire vehicles. Ms. Wang as scheduled, but when travel Juxing Zhi Bin Fushun new territory, because the driver illegal driving, overturned the accident occurred, resulting in Ms. Wang rib Inflatable Cartoons fractures. Ms. Wang believes that travel agents do not guarantee the safety of her trip, the request for compensation for medical expenses court agencies, mental solatium, nearly 30,000 yuan. Travel compensation court Ms Wang medical expenses, care, and so a total of 1.3
million yuan. Judges say: Based on the damage to the facts, consumers could be argued that the responsibility of their own way most favorable to the prosecution. Select in tort, they can claim moral damages solatium. V. to choose there is no breach of the moral damages solatium, but usually more convenient in the claim. Because in Inflatable Cartoons reality, consumers and local tourism companies have signed a contract, but to the field, it is often there to take social responsibility to a specific itinerary. This case, to access social services to act should be identified as the contract party travel company's behavior, tourists in order to sue for breach of contract, the contract should be entered into a local travel company travel to the defendant, rather than destination field Ground Receiving Agents to stand, thereby reducing litigation costs.
|