Research On Warranty Liabilities For Defect In Travel Contract

As living standards improving, people pay more attention to leisure time, traveling is a wonderful choice. In recent years, China's annual tourists'number has showed a growth spurt, travel disputes also come to increase. Studies have shown that, a large number of travel contract disputes are caused by the defects of travel services in practice. Travel service is kind of a"soft commodity", how to define its defects? How to remedy defects in the travel services? And how to make a balance between tourists'liabilities and travel business operators'liabilities? Due to lack of regulation, the issue becomes real and urgent. Bearing this mission in mind, the author writes this thesis with the title"Research on Warranty Liabilities for Defect in Travel Contract", desiring to commence the study of this topic.This paper is divided into three sections, which are introduction, text, and conclusion.The introduction part puts forward the background, status of domestic legislation, status of domestic research, and research methods.The text is divided into three sections. Chapter One, the Specialties of Travel Contract, is divided into three sections. Section I defines the concept of travel contract, and sets the research limited to package tour contract. Sectionâ…¡examines the nature of the travel contract, study results show that the nature of the travel contract is different from the any known existing contract, typification of travel contract is really necessary. Sectionâ…¢analyzes the specialties of travel contract, the author argues the specialties of travel contract are mainly as follows:comprehensive and invisible.Chapter Two, Study on the Remedy for Travel Defect, is divided into four sections. Sectionâ… points out the remedies are limited, can only be the liability for breach of contract or warranty liabilities for defect. Section II compared the liability for breach of contract with warranty liabilities for defect, from the legal nature of the liability, principle, components, types of relief, duration of restrictions in terms. Section III examines how this issue is solved abroad. Section IV demonstrates the warranty liabilities for defect is more suitable for travel contract.Chapter Three, Construction of the Warranty Liabilities for Defect in Travel Contract, is divided into five sections. Section I discusses the values and opportunities to establish the warranty liabilities for defect in travel contract. Section II discusses the components of the warranty liabilities for defect in travel contract. Section III discusses the legal effects of the warranty liabilities for defect in travel contract. Section IV discusses the exemptions of the warranty liabilities for defect in travel contract. Sectionâ…¤discusses the relationship between the warranty liabilities for defect in travel contract and the liability for breach of contract.The conclusion concludes the whole article by briefly summarizing the article's points of view.