The Application Of Situation Change In Tourism Contract

Changed Circumstances are generally considered as unforeseeable events not attributable to the parties, in accordance with the original contract performance is obviously unfair to the parties so the contract can be changed or rescinded.For dependence on performance assistants and objective conditions,changed circumstances in tourism contract is more typical.The application situations of changed circumstances are summarized from tourism contract disputes,there are two situations,negative change of tourism contract subjects’ ability and damage of tourism contract objective basis.For tourists,external factors and internal conditions may affect ability to perform contract.External factors that damage the health of tourists,personal freedom is restricted.Internal conditions change mainly refers to tourists own health status changes,disease usually presents. Tourism contract objective basis including the general basis and agreed basis.General basis refers to transportation,accommodation,catering,etc.In such condition,changed circumstances can be expressed as flight delays due to weather.Agreed basis refers to special agreement tourists and tour operators to highlight the tourism theme. Changed Circumstances can be expressed as the theme can not be achieved.In this thesis, the provision selection in tourism contract disputes is chosen as the main line. The case is obvious unfair and can not reach the object of contract but apply provisions of default, force majeure and rescission. Qualitative assessment is not accurate and lead to cost calculation basis shortage.It is better to understand changed circumstances from the view of Tourism Law. The application of Article 67 of Tourism Law need to be improved.According to the logical order from phenomenon to essence and in accordance with the basic thoughts of raising issues, analyzing issues and solving issues,this thesis consists of three parts.The first part, the introduction and chapter one.Summarize the law of China,Germany, Japan and Britain on changed circumstances.Explained understanding about two elements viewpoint in tourism contract,provide support for the later cases. Clarify the relationship between changed circumstances and force majeure.The second part, chapter two. Based on the selection of provision,eight cases of tourism contract disputes are classified. The application situations of changed circumstances are summarized,the event should be on the opposite site of contract purpose. Inaccurate application of law is found in eight cases,consider changedcircumstances as default.The third part, chapter three and the conclusion. Analyze inaccuracy phenomenon in selection of law, Contract Law and Tourism Law on the attitude toward changed circumstances are different. The application of Tourism Law is still in the exploratory stage.We should rationalize the relationship between Tourism Law and Contract Law,improve the Tourism Law judicial interpretation,clarify the application situation of changed circumstances and legal effects of breach of explanation obligation,resettlement obligation,assistance obligation.