A Study On The Adhesion Clauses Of Travel Contract

At present , it was lack of researching the travel contract in the local legal science field, and was less that researching the adhesion clauses of travel contract professionally. On one hand ,super developing in the travel market ,but on the other hand, wanting for legislation on travel ,which is not in harmony with the state that should be provided with a sound and good legal surroundings after we become a member of WTO.In my opinion ,face upon these facts ,it is so necessary to research the adhesion clauses of travel contract.It will research a problem of the adhesion clauses of travel contract systematically according to Contract Law and Consumers Protection Law with some cases . It will analyze and study in depth the adhesion clauses of travel contract by the way of integration of research of theory and data analysis. Meanwhile ,the author addresses her viewpoint and advice on it.In my thesis, there are four chapters ,about 40,000 words .Firstly , it is certain to research the adhesion clauses of travel contract in a limited sense on the travel contract ,it is ,the parties are restricted between a tour operator and a traveler .It points out the characteristics of travel ,and the characteristics and essence of the adhesion clauses of travel contract.Secondly ,analysis on the travel model contract in the form and essence ,make a conclusion , the travel model contract has become a travel adhesion contract .It should be attention that no matter the travel adhesion contract or the travel model contract ,is typical of trades protected inevitably. It sums up that the origin of trades protected lies in the profit orient of the administration department after legal analysis on some typical cases , the adhesion clauses and model contracts.The adhesion clauses of travel contract can't free itself from its background -the trades protected .In essence ,it has acted as the instrument of the travel service who could make an unequal profit ,and the travel administration department gains ,also. This part is the key one .Finally ,it analyzes on the advantages and disadvantages on the adhesion clauses of travel contract and supervision and controlling .Certainly the adhesion clauses cut down the cost and raise working efficiency .However ,the adhesion clauses of travel contract have already been away from the balance - fairness and reasonableness .The travel service infringes of the rights of the traveler by some asymmetric clauses, now it is so common.In fact ,each nation has its own knack in controlling on adhesion clauses .Researching from legislation regulation, judicial controlling , administrative controlling , and autonomous organization ,so as to find one effective and suitable scheme to control the adhesion clauses of travel contract. Meanwhile, the author thinks that it should make laws on the travel contract adapting to the current facts of the travel market.More facts that infringement of the rights of the travelers happened because of the trades protected. The higher laws might balance the rights and duties of both parties of the travel contract in a maximum limit ,and standardize the current complex relationships of the travel contract .This year ,in National People's Congress (NPC),some members of the committee proposed that it should be made Travel Law ,in the opinion of the author ,it is at an opportune time to propose it and make it .If possible ,it might establish an organization of the travelers protected ,so that defend the rights of the travelers.