The Research On Organized Travel Contract

There is no regulation related "travel & tour" contract in the PRC Contract Law. This reality doesn't go along with the repid development of China's travel market. As more and more domestic tourists opt for organized travel with the group, which concentrates lots of disputes, this dissertation mainly studies organized travel contract and discusses typical and controversial problems.This paper is composed of six relatively independent and inherent logic parts.In chapter 1, Summary of Organized Travel Contract, the dissertation defines the definition of organized travel contract, and analysises it's legal nature from scholars theory and judicial practice. Although temporary scholars take this contract's nature inconclusive, it is reasonable that German and Taiwan region's Civil Codes consider it as a work contract. In the end, this chapter produces parties in organized travel contract, tourism business people, tourism payment provider and tourists.Chapter 2, Legislation Comparison of Organized Travel Contract, produces three mature laws which relate to travel contract in the world, the International Convention on the travel contract, the 1979 German Civil Code and the Taiwan region's Civil Code. This chapter comparatively analysises their backgrounds and related contents, discusses their significance and shortages.Chapter 3, Formulation and Performance of Organized Travel Contract, discusses some special questions, itinerary, payment transfer and contract changes. The tourism business people's announcement of the itinerary "for reference purposes only" should be denied in order to protect the tourists. Given its uniqueness, almost no contract in the civil fields could frequently occur payment transfer as the travel contract. The section 2 and 3 mainly discuss the parties' rights and obligations and contract cancellation.Under the rapid development of travel market, the tourism business people needn't negotiate with individual tourists. Then standard form contract appears. Standard form contract has it's own advantages and disadvantages. Chapter 4, Organized Travel Contract and Standard Form Contract, analysises consumer protection in China.With the gradual improvement of tourists' awareness of rights, the moral damage compensation has become a tourism hot-spot issues. Chapter 5, Organized Travel Contract and Moral Damage Compensation studies the development of the moral damage compensation in organized travel contract, legislative and judicial practice of tourism dispute in China.Chapter 6, Legislative Status and Outlook in China, mainly analysises Professor Wangliming's proposal on Civil Code, and propose my own opinion.