Tourism Firm 's Responsibility For Breach Of Contract In Tourism Contracts

At present China's tourism industry developed rapidly, resulting disputes are increasing. These disputes mostly come from tourism firm's breach of contract. As the tourism legislation gaps, there is no uniform standard for the definition of and commitment of tourism firm's responsibility for breach of contract ,leading to the disputes between tourist and tourism firm are not properly resolved, this is a problem in the judicial practice for a long time. In view of this, the paper's liability is for discussing the tourism firm's responsibility for breach of contract, using the hermeneutic method of law, empirical research methods, value analysis, comparative analysis, combining the content of civil law theory and judicial practice to analyze the issue comprehensively and deeply, and making a number of ideas to improve the tourism firm's responsibility for breach of contract system, providing a theoretical basis for China's future legislation and judicial practice.Full-text is divided into five parts: first, to clarify the basic issues related to the concept and legal nature and the basic features of tourism contracts, analyze the relationship between the main contract, clarify the characteristic about current travel disputes, introduce the basic situation of China's tourism industry. Secondly, through case to analyze tourism firm's responsibility for breach of contract in different situations, this part is the focus of this article. In the responsibility for breach, because of perform helper's default resulting in tourism firm breaching contract, the responsibility is to be borne by the tourism firm, or be borne directly by the perform helper, this is the difficulty in responsibility for breach of contract. This involves the relationship between tourism firm, perform helper and tourist, also is the most controversial issues in practice. The third part introduce the non-property damages compensate responsibility for tourism firm breaching contract, combining case at home and abroad, fully discussed the responsibility for compensation of moral damage and time waste, especially analyze the responsibility for compensation of moral damage in situation of breach of contract, which is the focus of this article, is also the difficulty. Part IV put forward some ideas to perfect tourism firm's responsibility for breach of contract which should be borne, including the complete breach of the concept of moral damage compensation system, improve the compensation system of the concept of wasting time and improve the travel agency liability insurance of the idea, this part is the innovation point of this article. Last part of this article emphasis on limitations and exemptions of tourism firm's responsibility to prevent tourist from abusing the rights, in order to maximize the realization of the objectives of the legal pursuit of fairness and justice, to make tourism contract legislation more comprehensive and to promote the long-term healthy development of China's tourism market.