jurisprudence suggests that travel agencies are generally not liable for bodily harm incidents involving their clients that result from the actions of others. However, the source points out that he limits this conclusion to “cases of bodily harm incidents,” implying potential liability for other types of damages. However, according to Pierre Couvrat, there is an emerging trend towards broader liability. The author challenges Rodière’s rigid conclusion, suggesting that “this form of responsibility - responsibilité contractuelle du fait d`autrui - may one day become the only valid and possible justification for the increasing obligations of travel agencies.” It wouldn’t be necessary to wait long. VIII. THE EVOLUTION SINCE THE SEVENTIES The classic foundations of liability are fault-based liability, strict liability, vicarious liability, and product liability. Fault-based liability corresponds with Article 13 (1) of the International Convention on Travel Contracts (CCV): “The organizer shall be liable for any loss or damage caused to the traveller as a result of non-performance, in whole or in part, of his obligations to organize as resulting from the contract or this Convention, unless he proves that he acted as a diligent travel organizer.” Article L. 211-16 of the Tourism Code provides that the travel agent, organiser or retailer is “fully liable for the performance of the services provided for in this contract, whether these services are performed by itself or by other service providers”. This provision has been interpreted in various ways by different authors. 8.1 Vicarious liability Pierre Py, a notable pioneer in Tourism Law, believes that Article L. 211-16 of the Tourism Code establishes vicarious liability (responsabilité contractuelle du fait d’autrui): the travel agent would be liable for the proper performance of obligations arising from the package under the same conditions as the responsible service provider10. According to Pierre Py, even before the enactment of the Law of 13 July 1992, case law assigned contractual liability to travel agents for acts of service 10 Droit du Tourisme, 5th edition, Dalloz, Paris, p. 325. 201 AN UNDETERMINED FALL AT THE AIRPORT
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