Sustainable Tourism Law

722 SUSTAINABLE TOURISM LAW majeure beyond the control of the travel agency, i.e. the typhoon and the inability of airlines to schedule and charter sufficient flights. In terms of civil liabilities for compensation, when a travel agency is in breach of contract by failing to fulfil the contractual obligations, they shall be liable in accordance with the law for remedies to the tourist such as continuing performance, taking remedial measures or making compensations 82 . This includes remedies compensating for personal injury or property losses 83 caused upon breach of contract by the travel agency 84 . There are also statutory obligations to provide warnings (or safety tips) and offer assistance, when necessary, and these extend to situations whether or not tourists arrange activities on their own. Thus, if they sustain any personal or property injury as a result of a failure by the travel agency to discharge said obligations, tourists are equally entitled to compensation 85 , from the travel agency, tour operator and alike. A travel agency may face liability for extra compensation, in a sum totalling not more than three times the tourist’s fees, if the personal injury or tourists becoming stranded 86 was caused as a result of the travel agency refusing to perform its contractual obligations, despite being in a position to perform and having received a request from the tourist to do so. 87 In the aforesaid case where the mainland China tourist claimant was stranded in Hong Kong due to a typhoon, the court also held that the travel agency was not liable for such triple compensation. Further, Article 12 of the CTL is wide enough to also give the tourist the right to remedy “in accordance with the law” for personal safety or property being infringed (i.e. injury, lost or damaged) 88 against any wrongdoer (including third parties 89 ) without breach of contract on the part of the travel 82 ibid. 83 For laws governing in general the compensation claims for breach of contract and personal injuries suffered, see also Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Cases on Compensation for Personal Injury (English) 最高人民法院關於審理人身損害賠償案件適用法律若干 問題的解釋 (Chinese) Interpretation No. 20 [2003] of the Supreme People’s Court, March 26, 2003; and Interpretation of the Supreme People’s Court on Problems regarding the Ascertainment of Compensation Liability for Emotional Damage in Civil Torts (English) 最高人民法院關於確定民事侵權精神損害賠償責任若干問題的 解釋 (Chinese) Interpretation No. 7 [2001] of the Supreme People’s Court, March 8, 2001. 84 Article 70 paragraph 1 of CTL. 85 Article 70 paragraph 3 of CTL, and Article 7 paragraph 1, Article 8 paragraph 1, Article 19 of the Provisions. 86 And “any other serious consequence” . However, the CTL does not define what these situations are. 87 ibid. 88 Article 12 paragraph 2 of the CTL and also Article 65 of RTA. 89 Article 7 paragraph 2, Article 14 paragraph 1, Article 16 of the Provisions.