Research On The Organized Travel Contract

The tourism development needs a quite standard travel market, which is guaranteed by the regulation of law and the travel contract is the core of the travel market law rules and regulations. The organized travel contract is the main type of travel contract, which leads complex travel legal relationship and more and more travel dispute .This thesis will make the preliminary attempt in the organized travel contract legal science research area, which will be reference for the future named-travel contract. The article will be divided into five parts.First part: The author has defined the organized travel contract's concept, characteristic and nature. The organized travel contract refers to the travel organizer arrange the entire travel plan, provides travel service ,such as transportation, lodgings, dining and tourguide , the tourist pays the expense. The named- organized travel contract may save the transaction cost, enhance the referee to the foresight and strengthen the travel litigant's civil law protection.Second part: The author analyzes the constitute of the organized travel contract legal relation. In the subject of the contract, travel organizer is a travel agency merely, which had been established legitimately. The travel suppliers are auxiliary subject in the contract. In the contents of the contract, the author analyzes the organized travel contract litigant's right and obligation.Third part: The author has analyzed the concrete situation which the organized travel contract has been maked, changed and canceled in the theoretical research and positive research method. The travel organizer can change the contract, only with irresistible cause. Before organized travel contract is fulfilled formally , tourist have arbitrary power of alienation. Travel organized transfer must request for written agreement to travelers in advance . The tourist can terminate the contract arbitrary; But travel organizer cancel the contract only in condition, such as: the traveler not conforming to the traveling condition, the traveler not fulfilling assistanted obligation, insufficiency of the quantity of the tourist as a group and the force majeure happened before or in the process of travel.Fourth part: The author has analyzed the travel organizer's blemish assured responsibility, non-pecuniary loss compensation in breach of contract and the exemption form liability . If the travel organizer or assistant's service has the slight defect, the traveler is authorized to request travel organizer to undertake blemish assured responsibility . When travel organizer breaks the organized travel contract, which lead to...