An Essay On Liability For Breach Of Traveling Contract

With the development of tourism, there are more and more tourist contract disputes in China, a country with a long history and abundant tourist resources. As far as it goes, the consumption dispute between travelers and traveling contractors is more than anything else. First of all, lacking of legislation in tourism contract embarrasses its practical operation. Secondly, nowadays the division of responsibility is fine; therefore, it is impossible to let the traveling contractors carry all the services and responsibilities alone. There should be some other traveling assistance who will share some service items in tourism contract with traveling contractors. Under the circumstances, when the tourists have suffered loss, a serious question about who will carry more responsibility should be thought twice. Although both the tourists and traveling contractors should carry their part of liability for breach of contract, the tourists are in an inferior status to their counterparts, the traveling contractor. Therefore, the core of liability for breach of contract should be highlighted on the traveling contractor part, which is closely connected with the legislation of relative laws and practice.For that reason, the present essay will be developed as following:In the first chapter, a serious issue is generally discussed in the introduction part, that is, legislation gaps bring about problems on the administration of justice.In the second chapter, the present author introduces the concepts of the legal provisions of the contract for the tourism from home and abroad as well as discussion from famous scholars. From the differences and similarities in the above, the present author has derived that the concept of our law for tourism should be taken to define at a narrow sense. Furthermore, there is still a concept about the property of tourism contract worthy studying. The present author believes that tourism contract is a new style of contract, not belonging to any other catalogs of long-existed contracts, after comparing the current theories about contract.Although there are many ways of traveling, the most common way for tourists is to sign a contract with traveling agencies. Therefore, there is a legal relation between both sides. In the third chapter, the subject of tourism contract is initially analyzed. Except for parties to the tourism contract, there are some special assistance in tourism contract, who can easily lead to disputes of liability for breach. Under the circumstances, how the deal with the disputes should be clearly stipulated in the law. At the same time, rights and obligations of both the parties should be defined in a detailed way as the legal basis.The fourth chapter is the core of the essay. In this chapter, the concept of liability for breach of tourism contract and property is clearly stated; the principle of liability for breach of tourism contract in China is fully discussed, which lead in identification of liability for breach, accountability forms and exemptions.In the previous chapter, compensation for mental loss has mentioned in the introduction to travelers'equity. Due to the specialty of tourism contract and the domestic and foreign discussion on compensation for mental loss, the present author dedicates this part of the chapter as a detailed description on the point.The last chapter concentrates on the improving the Chinese legal system of the breach of Tourism contract. At present, the Basic Tourism Law has not been introduced in China yet, let alone relative provision on liability for breach of tourism contract. Combining with the chapters above, the present author suggests that the tourism contract should be urgently named and legislated in Chinese law system.