Research On The Responsibility Of Tour Community's Breach Of The Contract

With the rapid development of tourist industry, disputes about the travel contract are getting more and more too. In these disputes, most are caused by the travel agency. Putting the liability for breach of contract of the travel agency properly will play a very key role to the settlement of the problems.This text is divided into five parts altogether: The first part was a basic theory about the travel contract. The article introduces the meaning of the travel contract first. At present, the meaning of travel contract has the differences of broad sense and narrow sense. This text chooses the narrow sense, namely, the travel contract means that the travel organizers offer whole travel service to tourists, while the tourist pays the corresponding travel expenses to the travel organizer. The travel contract is interfered strongly by the administrative; the travels are the actions getting spirit enjoys and joy as the final purpose. When the result is opposite to the purpose of the contract, it will often bring certain spirit damage to tourists; Because the realization of the travel activity must be participated in by the visitor oneself, it must cause the cost of the time of the tourists; The travel activities emphasize travel agency"dominate"journey, so it make the whole travel integrative; Most travel contracts have fixed period, if the travel can't be hold in the regular period the purpose of contracts can't be achieved. These characters make the travel agency's liability for breach of contract different from other contract. Then the article introduces the travel organizers. At present, various countries have their concrete criterion differing from other about the subject qualification for offering travel activity. Our country has a very strict criterion about the qualification of the travel agency. Running the travel activities must be permitted specially in our country's tourist industry. In the tour contract the "service"that the travel agency offers includes arranging the route and offering traffic, lodging and other relevant services. In tour activities, the phenomenon that the third part participates in the contract course is extremely common. This article has analyzed the third people's nature and nature of contract which the third party signs with travel agency. Point out clearly that the third party is the assistant of the travel agency, and the travel agency should bear the liability for breach of contract for the third party.The second part is the default form for the travel agencies for analysis. The forms in breach always connect with liability of breach of contract and with the specific remedying way. Determine that the forms in breach is good at helping choose the remedying way, safeguard its interests, help the administration of justice define the responsibility that parties should bear on the basis of different breaking of contract. The noncompliance form of the travel agency can be divided into two kinds—anticipatory breach of contract and actual breach a contract. Of the actual breach of contract, it can be divided into refusing to fulfill and delaying to fulfill, improper fulfilling etc. Then the article makes a brief analysis about every kind of form in breach of travel contract.The third part, which tells the idea of perfecting the liability for breach of contract of the travel agency, is a focal point of this text. On the compensation for damage on the property which the travel agency bears because of violating contracts, article analyzes nature and his suitability on"the trial compensate standard on travel agency bail"which National Tourism Administration issues especially. The article insists that the number of compensation for damage should be decided according to the regulation of"general rule of the civil law"and"contract law"instead of trial standard. For mental damages, the article analyzes the domestic and foreign legislation of recent research results, and examples of the state of legislation and judicial practice in China, due to the special nature of tourism contracts, the courts all over China. In judicial practice, the judge also do not form a unified understanding. In addition, tourism contracts, as necessary to achieve the purpose of tourist visitors to participate personally. The cost is bound to cause a certain period of time. Tourism and nobody's disappointed in the pace of life is very fast in the modern society has the time to read over the original meaning and is the value of a certain property. Finally, the third part analyzes the causes of default of travel agents because of the responsibility. In this paper, and travel agencies that belong to a third person took the commitment to the contracts they sign the contract.The forth part is the perfect travel agencies assume responsibility for violations such an idea. The third part addresses the responsibility of default of travel agents analysis of the current situation, the three concept Legislation should be in the spirit of damages for breach of contract to increase tourism. Wasting time and damages for breach of the agent directly to the third party liability provisions of tourists. Tourism contract is not due to the uniqueness of other contracts, so deal with the responsibility of handling the breach of such contracts should also take special.At the fifth part, the article analyzes the grounds for exemption according to the interests and risk assigning theory which that travel agents break a contract. Avoiding the origin of an incident of the responsibility legally, this text thinks, according to the stipulations of our country's"contract law", force major is the only suitable generally avoiding the origin of an incident of the responsibility legally at present. But the content and scope of application about force major are very difficult to be made by the law, the article concludes the force major clause in the contract by the party, enumerate various kinds of the origin of an incident of force major concretely. The article thinks, for the content and range of different contracts, because its ability to resist risk is relatively low, there are some phenomena and incidents can be acted as force major while not in other contract implementation. It is the force major in the contract of traveling that can avoid the responsibility. Based on the premise that do not violate sincere and public interests principles, the clause in contract that can avoid the responsibility should be stipulated on an equal footing in the contract and made by the parties of both sides.According to the current legislative situation, this article points out that legislation should be strengthened in the end and law should make the travel contract famous as soon as possible, and make the result foresighted.