Research On The Tour Operator's Responsibility

Since the founding of New China, the tourism industry of our country develops rapidly, especially we enter the new century, the three major tourism markets of domestic tourism, tourism and inbound tourism continues warmly, tourism has become an important growth points of the economic development of our country. Many provinces have the development of the tourism industry acted as a priority. However, as the dynamic development of tourism in the country, there are not many local norms, laws, regulations, and the travel law is not perfect in tourism market, given our current legislative provisions are almost blank, a theoretical articles are explored, with a view to my future legislation and judicial practice to provide theoretical basis.Firstly the article discusses tourism operators'legal status in the tourism contract. Due to space limitations, this research is targeted at package tour contract that reached between business people and tourists for providing integrated travel services. Package tour contracts that involves the legal relations are very complex, and can not be classified under any category of civil law tradition famous contracts . It is a new model contract , so it should be famous. In package tour contracts, business is the provider of tourism services, and he has the rights that receives travel costs, and ask the tourists to help personally perform the contract. He has some obligations , such as defect guarantees, security, providing services to tourists in accordance with agreed standards. Secondly,Iinspected the tourism operators'responsibility of " Tourism leases of International Convention ", civil law and common law countries and regions, and their legislations concentrated on the protection of tourism consumer rights. When the tourism operators bear the responsibility for their performance aids, their responsibilities should be restricted. Thirdly, I analysed our country's tourism disputes and the status of legislation, and thought tourism operators should design the following responsibilities in our tourism contract legislation: 1.The tourism operators should bear the responsibility without fault when violating tourism contract, meanwhile allowing tourism operators to invoke statutory or contractual provisions exempting their responsibilities. 2. the tourism operators should assume responsibility for its performance aids. 3.the legislation refers to foreign mature experience, and introduce default mental damages, compensation time wasted, tourism operators defects security responsibility system so that our tourism contract legislation will be further improved. 4. The responsibility for tourism operators should be restricted to prevent the abuse of the...