Research On The Tour Operator's Responsibility In Tourist Contract

Tourism industry developed rapidly in China today, which is accompanied with considerable disputes about tourist contract. Due to the stagnation of the tourism laws, especially lacking of the institution of tour operator's responsibility, it is difficult to definite tourism agency's responsibility. So this thesis explores the responsibility of tour operator, with my view to provide theoretical basis for future legislation and judicial practice.The thesis is developed in four parts. Firstly it introduces some basic issues, such as the concept and the legal character of tourism contract, then discusses tourism operators' legal status. Secondly on the basis of introduce some countries and regions' legislation in civil law system and common law system, It explores the fault liability to sign treaty, the defect obligation under bond, the moral damage compensation in breach of tourism contract, and involve the third part's performance. This part is the most important one of the thesis. Thirdly it is necessary to restrict and except the responsibility of tour operators so as to prevent the abuse of the right of tourists, in order to achieve the target of fairness and justice in the legal pursuit. Finally it analyzed our country's defects of tourism legislation, and thought the system of tourism operators' responsibility should be designed as follows: Referring to foreign legislate experience, it should introduce moral damage compensation in breach of tourism contract, compensation for time wasted and so on , so that the tourism contract legislation will be improved continuously!...