Research On Travel Contract

With the rapid development of Chinese tourism industry, it comes out more and more travel contract disputes. Unfortunately, travel contract is still a kind of nameless contract in China, there is almost no special legislation on travel contract. In order to solve travel contract disputes ,The judges have to use the general rules of Civil Law,Contract Law, Consumer Rights and Interests Protection Act,and the rules enacted by the tourism administrative departments. It often brings many problems in the trial practice, for example, difficulties in application of law, different sentences on the same case, and so on. In addition, for contract services have the features of integrity, invisible, cross-regional, cross-industry, long time, etc. there are many legal problems in the travel contract activities. These legal problems can't be solved properly or reasonably by existing typical contracts. So it naturally requires that we should study more deeply on travel contract, and discuss if it is necessary for travel contract to be typified. This thesis wants to do some study and discussion on travel contract , through comparative and empirical study.This thesis divides six chapters altogether except foreword and postscript.Chapter 1 introduces some basic issues on travel contract, divides into four parts. The first part is about the conception of travel contract. Firstly, through introducing and analyzing a variety of views on theory and legislation, the writer holds that travel contract is a kind of contract that travel organizers to provide overall travel services to tourists, tourists pay the travel expenses. The secend part is about the kinds of travel contract. Travel contract is generally divided into Intermediary Travel Contract and Organized Travel Contract. Because Intermediary Travel Contract can be regulated by existing typical contracts, so it will be excluded from the scope of the discussion. The study object of this thesis is limited to Organized Travel Contract. The third part analyzes three important characteristics of travel contract, the writer considers integrity is the most important characteristic of travel contract. The fourth part is about the legal nature of travel contract. On the basis of analyzing all kinds of theories, the writer considers travel contract is a kind of mixed contract, and should become a new kind of contract because of it's specificity.Chapter 2 concerns with the tourist, travel organizer and support servicer, the focus of this chapter will be on the support servicer, the writer holds that the legal status of support servicer is the assistant of travel organizer, so travel organizer should be responsible for support servicer on no-fault grounds.Chapter 3 and Chapter 4 discuss respective rights and obligations of tourist and travel organizer, mainly analyze tourist's right to replacement, right to terminate the contract, right to the spiritual damage and travel organizer's right to terminate the contract, obligation of fully performance of contract, obligation of security, and so on. Meanwhile, the writer talks about travel contract's liabilities for breach of contract under different situations.Chapter 5 analyses travel contract's typification, divides into three parts. On the basis of above chapters, combining the discussion of contract's typification, the writer analyses the necessity and possibility of Chinese travel contract's typification. China should typify travel contract as soon as possible.Chapter 6 puts forward a legal proposal for typification of travel contract, divides into three parts.Travel contract is essential for the healthy development of tourism industry, so it needs to do more and more in-depth study, and typify travel contract. This thesis makes some tentative study and discussion on typification of travel contract, in order to construct and improve our country's travel contract legislations as my can.