On Compensation For Breaking Spiritual Damage In Tourism Contract

Carrying out tourism activities caused many disputes, there are more and more cases about travel agencies sue compensation for moral damages because of breach of tourism contract.compensation for moral damage was first seen in the provisions of the Tort Liability Law, the current scope gradually expanded to the field of contract, punitive damages are a major breakthrough on default compensation for mental damages in tourism contract. This paper analyzes the characteristics of the tourism contract, and discuss the rationality of compensation for mental damage legitimacy. Through comparative analysis of the two legal systems on default mental damage compensation’s national and regional legislation, judicial practice and theoretical research, thus come to a conclusion default mental damage compensation in line with historical trends and institutional advantages in these countries bring significance to China; demonstrating the independent existence value of default compensation for mental damages and applied to the judicial practice. This paper is divided into four parts. The first part is the definition of the concept and the legal nature of the travel contract. The second part confirms the protection for tourists’ spiritual interests through analyzing some synonymous of moral damage. The third part introduces the relevant regional and foreign legislation on the status of default compensation for mental damages and its Significance to China. The fourth part analyzes the basis and applicable conditions of default compensation for mental damages of tourism contract in mainland China.