Legal Relief Of Tourism Contract Breach

In recent years, as a sunrise industry, tourism has a constant improvement and has become an important form of everyday life. With the rising number of tourists, tourism disputes are also increasing.More and more complicated disputes,such as between tourists and tour operators, or between tourists and tourism subsidiaries, are access to the courts. The actual trial of the case also presents a lot of difficult and hot judicial application. Travel contract has been also great research valuable,and in recent years, academic research on the travel contract is deepened, for example, from agreement, implementation and relievement to mutual right and obligation, and form concept, nature to particularity have become a hot-spot of reserach. The new Travel Act dedicates a chapter provides travel services contract, the contract for the study tour provides a new value platform and direction. In this paper, the main content of the study is a legal remedy for breach of contract.The paper starts from the breach of contract of tour operators, from the time clues of travel activities, and researchs in three situations of before, in and after travel activities. Combined some cases and Supreme Court to Hear Travel Provisions Applicable Law Disputes Issues, the paper researchs the performance of tour operators’breach of contract in travel activities, including unauthorized change travel itinerary, omissions tourist attractions and reduce travel services, reduce travel service standards. Proposed remedies for breach of contract is not only involves the damages liability under normal circumstances, but also punitive damages and compensation for moral damages, punitive damages and noted a strong support and complement the spirit of the damages. Breach of contract for the improvement of tourism civil liability system, the article proposed to tort liability and breach of contract in conjunction with the introduction of the right to compensation for the time wasted while improving the existing tourism punitive damages system.