Tourism Contract Research

Along with economic development, tourism on people's lives is more and more important position, along with the continuous warming tourism, the tourism also occasionally acts by individuals into a social organization, and the daily life of the people is becoming an important component of, but tourism has been increasing the number of disputes. Tourism contract rights and obligations of the parties become the norm, earnestly safeguard the legitimate rights and interests of tourists important basis. However, the existing norms tourism contracts stemming from the legal system, the legislature remained stagnant; Tourism contract theory on the theory of inadequate preparations, the Council has yet to provide strong theoretical support, a number of fundamental issues such as tourism connotation and extension of contracts not yet in theoretical circles formed a consensus with the legislative branch; practice tourism contract with the formatting and damage the legitimate rights and interests of tourists occurred from time to time, travel disputes frequent; judicial deal with the tourism disputes often because no rule to follow and some deviations occur. Tourism development needs the support of the theory, and this is precisely formatted tourism study the legal significance of the contract. On tourism contracts, contract law in China without making detailed provisions, the paper is aimed at the civil law principle and travel abroad on contract, the contract on the establishment of tourism, nature and characteristics; Tourism organized of their rights and obligations, the rights and obligations of tourists, there are parties to terminate the contract and the right to disarm, tourism contract responsibility system, and other legal issues related to information and theory of jurisprudence and legislation, analysis review, elaborated on his doubt, in light of China's existing legal provisions and practice, practice, concocted the theory and empirical validity of the note, with a view on China's tourism contract dispute settlement benefit .Specifically, this paper will start the following:First Chapter, tourism contract outlined. Divided into two, the first is the concept of tourism and contract characteristics, and the second is the legal nature of tourism contracts. The tourism concept and characteristics of the contract described, let us travel contract clearly different from other contracts are unique, tourism is the tourism business contracts to the tourists who pay full tourism, tourists to the tourism business people agreed to pay the travel costs of the contract. Tourism contracts with synallagmatic, compensation, Connaught into not - absolutely regularly, the main specific, formatting, is the realization of tourists to enjoy the spirit of the law, such as vector characteristics. The nature of the contract on tourism, tourism in this paper that the contract should be a contract nature of the contract. That tourism as an integrated services contract leases, mainly by the transportation, tour guides, accommodation, catering, insurance and related procedures composed of agents. The contractual nature of the analysis, we proceed from reality for the formulation of the well-known tourist contract to provide a reference.Second Chapter, tourism contract formation and legal effect. Divided into two, section I, tourism contract formation, section II, tourism contract's effectiveness. This chapter from the contract formation and contract rights and obligations of the two parties discussed the following issues: By comparison tourism contract formation and the establishment and commencement of the different, the travel contract with its own special characteristics. Meanwhile, the tourism people in payment of the legal nature of the third made a basic definition, endorsed Wangzejian Mr. think that they are tour operators support the implementation of the views. The author also of different theories, legislation judicial practice to draw on the merits, clearly stipulating that tourism should be organized in providing tourist services, assistance and treatment, and notify the responsible (as a result of tourism organized to provide people who pay less than the de facto control, I believe that people should hold the responsibility of tourism in some cases relief or be under the limit), and other aspects of obligations and burdens the scope of the obligation.Third Chapter, tourism fulfill the contract. Divided into three, the first is the concept of tourism fulfill the contract, the contract changes are tourism and disarmament, and the third is the lifting of travel and contract termination. This chapter in the powers and responsibilities of the parties on the impact of the contract change, disarmament and termination of the analysis, they pointed out the different circumstances and different effects.On the main changes, tourists can travel before beginning to notice changes in the way that business is required to travel with the consent of tourists in the written consent before the change; People in the tourism business not to because of the subject matter, tourism can change the content of the contract. Tourists enjoy the arbitrary cancellation due to the cancellation and flaws, and because of changes in the Right Health and Health due to force majeure and the Right; Tourism operators from the cancellation due to lack of quorum is not for tourists together with the obligations of Health.Fourth Chapter tourism contract responsibility on the legal system. Divided into four, first tourism principles of contract violation Liability breach of contract on tourism attribution principles applicable to the author in favor of the principle of liability without fault, that is not at fault principle, as long as the travel agents default, do not consider whether travel agents and degree of fault, should bear default damages. Second, travel patterns and contract violations responsibility for violations morphology refers to violations of obligations under the non-compliance of the nature, characteristics and default behavior of the classification. Violations always with specific remedies and responsibilities linked to the default, default patterns to determine the parties choose remedy, and safeguard their interests, but also benefits the administration of justice staff under different default by the parties to determine the responsibilities and accurately identify whether the contract can be lifted. Third, tourism contract damages for breach of the spirit of established, I believe that in the tourism contracts, as one travel agency default on tourists in damages, not merely confined to the material damage compensation, travel agencies should also establish damages for breach of the spirit of the system. Fourth, it is the responsibility of tourism exemption of contract violation, in the tourism exemption provisions in the contract legislation should also be the case, the agreement of exemption clauses and force majeure clauses in two parts, and the advance from travel agents deliberately or gross negligence in respect of the void.Fifth Chapter, the tourism contract legislative proposals. Divided into three, the first system in China to introduce legislation to regulate the need for tourism contracts, and the second is the establishment of China's famous tourist should contract system, and the third is China Construction of the Tourism contract system, the legislative proposal. Tourism is not only the world today one of the largest industries, and fastest growing industries. At the same time tourism has endless disputes, the use of the existing laws and regulations to properly protect the victims, therefore, tourism, China has established a complete system on the contract it is particularly necessary. According to this chapter of the development of China's tourism industry, with foreign legislative judicial practice, has proposed the establishment of the Tourism contract system, some of the recommendations. For example, in tourism contracts on the concept of classification of "convention" as a means of both tourism contract price adjustment packages, travel agents has also revised contracts; Enlarging the scope of application of the rights and obligations of the contract Construction, in the value judgment, and the tourists seek to balance the interests of business travel, on the one hand so that to protect the rights and interests of tourists, the tourism industry on the other hand must maintain a reasonable profit opportunities; the establishment of tourism contract damages for breach of the spirit of the system, but its application in response to strictly limit, and so on.