| المستخلص: |
The field of tourism increasingly develops, making it occupy a privileged position in the orientation of states, the basic operator for this vital sector is tourism companies, which operates its activities through organizing tourism contracts, and the most important tourist contracts is the journey contract, as it had this large importance at the present time because of its role in the exchange of cultures between nations and mutual understanding between peoples on the imposition of the difference of tourists nationality. The journey contract held several obligations on tourism companies, including, the obligation to ensure the safety of tourist and save his luggage, and a commitment to ensuring the implementation of tourist trip, As well as the commitment to a good selection of tourism services and follow-up providers, and commitment of the media, in the case of breach of the tourism company on these commitments, the contractual responsibility will be towards the tourist. The contractual responsibility for the tourism company may arise from the personal fault of the tourism company of non-implementation of the tourist program as agreed upon in the contract, as this responsibility might be as a result of an fault of tourist service providers, like as transporter, hotel owner or restaurant owner or tour guide and others who are hired by the tourism company to implement the tourist program, in this last case the contractual responsibility of the tourism company towards the tourist based on the contractual responsibility for the actions of another. The contractual responsibility for tourism companies, in several cases, including, if the tourist subjected to body damage both led to the death or body injury, or if he incur to the financial damage to his luggage, as if it has been stolen of luggage, lost or destroyed, and also can promote the responsibility of tourism companies when canceling tourist trip or modified unilaterally, or their implementation of trip program In contravention to what has been agreed, as if the execution was defective or partially. And when the contractual responsibility of the tourism companies had Consequent, resulted in its impact of tourist aggrieved accordance with the general provisions of contractual responsibility , but since these terms are not of public system, can be agree to modify in tightening or easing or exemption, however, the specificity of the tourism company relationship with the tourist require sometimes to revocation of terms of the exemption or mitigation of responsibility, as if it is impose these conditions have arbitrariness by the tourism company, or if the conditions relating to the obligation to guarantee the safety of tourists, but the tourism company can get rid of the responsibility completely In the case of prove of failure from the foreign party, which the tourism company did not have nothing to do with. The tourism company may also resort to the insurance of its responsibility in the insurance companies to transfer the burden of compensation, which imposes upon the company when its contractual responsibility towards the tourist to the responsibility of the insurance company.
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