On The Time Of Tourists' Waste Of Damages Claim

With the improvement of life quality, more and more people would like to travel. With the enactment of "Travel Act", the tourism industry will scale new heights. However, the tour contracts which are provided by local tourism administrations are not comprehensive in the protection of the interests of tourists, many travel contract disputes are not satisfactorily resolved, and the problem of travel time wasting is severe.On the particularity of travel contract, the time factor will undoubtedly play a vital role. As most workers can only travel during a limited number of holidays, this period of time is fixed. Both the beginning and ending of the travel are limited by holidays and seasons. They cannot chose but to wait another year if their holidays are wasted. As for other tourists, the travel quality will also be reduced if time is wasted. Therefore, in order to protect the legitimate rights of disadvantaged tourists and promote the health development of tourism, it is necessary to establish time-wasting compensation for damages rights.There are many difficulties in establishing waste-time damage compensation. For example, the nature of waste-time damage compensation rights, the principle of imputation, constitutive requirements and the determination of the specific compensation. These questions have great controversy in academic circles, and the law is not clear.Tourists hope to enjoy a relaxing through the interests of the traveling, which is the essence of wasting the travel time. Establishing waste-time damage compensation is requested by the particularity of travel contract, and is the need to make up for the deficiencies of property damages. Waste-time does not belong to the property damage in nature. Therefore, waste-time damage compensation is a kind of independent form of non-property compensation.Waste time damage compensation liability includes five aspects. Firstly, the tour operator has fault to waste time causing the damage. Secondly, Waste time for damage compensation has two subjects, the right subject is the tourist, and the responsibility body is the tour operator. Thirdly, the tour operator has the default behavior, causing tourist setback or significant obstacles. Fourthly, tourists suffer the damage of facts, which caused by the waste time. Fifthly, there is a causal relationship between default behavior of the tour operators and tourists suffering the damage fact of waste travel time.Tourists time damage compensation claims shall be set forth in the proposals. In order to balance the interests of the parties, and to prevent rights abused, tourists time damage compensation claims had better to apply to the short-term eliminate period, one year. Specific amount of compensation shall be based on the tourists travel daily average total cost. The highest compensation should be less than or equal to three times of the average cost.