مسؤولية وكالات السياحة والأسفار عن إخلالها بإلتزاماتها التعاقدية تجاه المتعاملين معها

Abstract

Tourism is an economic activity that is not systematic, for it must be accompanied by interest in the legal aspects of the theme, which requires the promulgation of more laws that organize the commitments and responsibilities of tourism and travel agencies, leaving no possibility for escaping responsibility. The Algerian legislature has only organized the profession of tourism and travel agencies in order to carry out state control on the actors in this sector, while leaving private law questions unorganized, contrary to certain foreign laws, The legal relations between tourism and travel agencies to the public and all pertinent results remained governed by the general rules. It is not easy to highlight the general rules applicable to legal relations arising from the application of the activity of tourism and travel agencies. At the head of these difficulties is the definition of the nature of the act that binds a tourism and travel agency to its customers, since defining the commitments of the parties and the system of liability in case of breach of act duties is based on the latter's adaptation. The classical explanation of the relationship between the tourist and the tourism agency oscillated between agency acts and transport, and then a new recent explanation emerged of the act of entrepreneurship and the resulting consequences liability arising out of personal act or contractual liability by act of others. The tourism and travel agency often includes conditions, in its actions, exempting it from liability, but these conditions are generally and practically of minimal effect, so as to alleviate the scope of liability, the tourism and travel agencies have recourse to liability insurance in order to cover the reparation to which they are liable towards the third party as a result of the damage they cause to them. On the other hand, regardless of it responsibility, and in accordance with the general rules, the agency may reject responsibility by establishing the foreign reason for failing to be accountable to its clients, and can count on the limitation period of the proceedings.