The Research On Performance Of The Tourism Contract

With the development of economy and the increasing standards of peoples' lives, the tourism industry of China grows fast, including the In-Bound Travel, Domestic Travel and the Out-Bound Travel. China will become the world's leading tourist destination and will be the fourth tourist-generating country by the year 2020. But, compared with the flourish market, China's law system about tourism can not fit its' development, especially in tourism contract legislation. Tourism disputes and the issues about traveling occur now and then. In April, 2007, a case, Ma Cheng and his son's "Travel Again", happened in Shanghai. The case reflected the tourism law's backwards and aroused people's concern widely, especially in the performance of the tourism contracts articles.Based on discussing the topic of the "Travel Again" case, the dissertation contains six parts about the performance of the tourism contract, including the following:The first part is about the process and influences of the Macheng case. After describing the process of the case and analyzing its influences, I conclude the problems of the "travel again" case embodied.The second part is about the definition and features of tourism contract. Analyzing the definition and features of tourism contract will lay a foundation for talking about other issues of the performance of tourism contract following.The third part discusses the status of tourism contract legislations of China. It will tell you what legislations used for the tourism contract right now and the problems of it to settle the contract disputes in tourism field.The fourth part is about the process of signing a tourism contract. It includes the concept of tourism contract, the forms of tourism contract, the articles of tourism contract and the formative articles of tourism contract. At present, there are no articles about tourism contract in China' basic laws, so I hope I can find a reasonable way to help people smooth their traveling by the contract issues from the lessons of the "Travel Again" case. The fifth part is talking about the performance of tourism contract. Tourism disputes occur mainly in this stage. This section is about how to carry out the principles of Contract Law in the field of tourism contract.The last part is on the types of disputes about tourism contract performances and the solution ways. On the basic of talking above, classifying the disputes maybe help settle the problems. Meanwhile, combine with the "Travel Again" case, the text discusses why Macheng choose the way of "Travel Again" and gives a reasonable answer.