On Compensation For Spiritual Damage In Breach Of Tourism Contract

As one kind of the contracts, Tourism contract is a tourist for acquiring a specific spirit interests through participating the tour activity organized by tour business person with paying travel expenses. Different from the typical contract, this kind of contract has an obvious spirit interest attribute, if the tour business person breaches contract engagement that will injure the spirit interest of traveling by all means. But according to the traditional theory of contract law, the liability for breach of contract exclude the liability of mental damage compensation which making the legitimate rights and interests of tourists are not well-protected, it's not conducive to the development of tourism either .By foreign legislation and the current jurisprudence trends, we can find that to establish the system of tourism spiritual damages compensation is a needed by reality and also irresistible general trend. To compensate the spirit damaged traveler of the broken travel contract to be with the predictability of rules and the relevant policy considerations, matched with the expected interests of the damages and the indemnity theories of adding benefits if harm more, fit with the compensation rules, also fairness and justice in line with the requirements of law, such as respect. It is legitimate to establish a system of tourism spiritual damages compensation.The design of the spiritual damages compensation responsibility important documents should balance the interest between tourisms and travel operators, should be reasonable and equitable, process a presumption of fault liability principles. It's should accord with the follow important documents: there is a default behavior; there is a consequence of the default and it has to be some degree; there is cause and effect between the default behavior and consequence; the law-breaker is presumptive of fault.To be meet the effective restrained of malicious default, it's should draw into the punishable compensation when define the standard of tourism spiritual damages compensation. On the basis to the specific of tourism contract, synthetic consider two principle in defining the spiritual damages compensation: implement the compensation to be principle while the punishment subsidiary, but concerned with the tourists inherently sprit damage, we put into practice of console-based, supplemented by the principle of punishment, and scope of compensation and the amount of appropriate restrictions. In the calculation of the amount of compensation, proposal the different damage by different principles measurement, integrated liquidated.