The Study On The Alteration And Termination Of Organized Travel Contract

Tourism has great dependency, it needs the support of law. Travel contract is an important part of tourism law, But now, in the law system of China, travel contract is not listed in the contract law, and the research of travel contract is also weak, this is not adapt to the strong portrait of Chinese traveling .After joined WTO, China supposed to have an wholesome and reasonable law system, but the weakness of travel contract legislation can not suit the need. As an important branch of travel contract, the research of organized travel contract is still a virgin land.According to different kinds of services. Travel contract can be divided into organized travel contract and intermediary contract. Organized contract is the contract that the travel agency used to make profit by organizing the travel for travelers. Organized travel contract is the major kind of travel contract, and it is used most constantly, the travel contract people always called is organized travel contract. Because of the lack of organized travel contract legislation, the dispute between traveler and travel agency always happen, and the verdict of court is always lack of the support of law and constancy. So, the legislation of travel contract is very important to the interest of traveler and the development of Chinese traveling.Because of the shortage of ability and article length, the thesis focuses on the basic law problem of travel contract and organized travel contract at first, and then study the two important problem of the alteration and termination of organized contract.The thesis includes 6 parts.The introduction describes the weakness of travel contract research and legislation, and analyzes the importance of the study of organized travel contract-changing and removal.The first chapter is"the study of travel contract", mainly study the concept, classification and legislation of travel contract. The thesis thinks that the travel contract is a kind of contract that the travel agency supply organized travel and intermediary travel service to make profit. According to the type of service, travel contract is divided into organized travel contract and intermediary contract, organized travel contract is different from the other contracts, so the legislation of organized travel contract is necessary.The second chapter is"the basic study of organized travel contract", this part mainly describes the concept, lawful character of organized travel contract. The article said, organized contract is a kind of contract that the travel agency supply organized travel to make profit. The lawful character is different from the other kinds of contract, so the legislation of organized contract.The third chapter is"study on the alteration of organized contract", this part mainly focuses on the concept, lawful character, principle and consequence of the changing of organized contract, and gives personal advices to the legislation. The article said, the alteration of organized contract need the agreement of travel both sides, if the contract can not be operated without changing, the traveler can remove the contract if they don't agree to change the contract. The agreement of half travelers to change the contract can be regarded as the travelers agree to change, the travelers do not agree to alter can remove the contract. The money cost by changing should not afford by travels.The forth chapter is"study on the termination if organized contract", this part mainly focuses on the concept, lawful character, classification and consequence of the termination of organized contract. This part said, the right to terminate the organized contract should be divided into the right of traveler and the right of travel agency. The travelers can terminate the contract anytime, but they should compensate travel agency for the loss. When the traveler do not carry on the duty ,the travel agency can terminate the contract. But after the termination of the contract, the travel agency should still protect the right of travelers.The last part is the conclusion, this part summerizes the whole thesis.