S Liability For Damages In The Travel Contract

With the flourishing development of China's travel industry, the amountof both the domestic and the overseas tourists are increasing year after year,and each year, a great number of the travel contracts are ordered, so the traveldissension occurs frequently, thus the embeddedly discuss and analysis to thetravel contract has the important.The parties of travel contracts bear variousobligations between each other. The tourist undertakes the obligation of payingall the sums under the contract and cooperating with the travel agency.The travel agency is obliged to provide travel and tour service under thecontract by itself.First, If not only takes the obligation to give the tourist a copy of travelcontract, but also undertakes some subordinated obligations according to thecontract, such as assisting the tourist to deal with defective goods purchasedin the itinerary, informing the tourist of the environments, customs, rules andregulations, and other matters for attention in travel sites, and keeping &protecting the properties of tourists.Second, Before the contract has been concluded the travel agency has theduty to guarantee the conditions applied to the contract in the brochure suppliedto the tourist must not contain any misleading information, while after thecontract has been terminated, it shall provide the service of sending the touristback to the place of departure, or to another return-point to which the touristhas agreed.Third, The dissolution of the contract before departure is retrospective,which results in the effect of restoration to the original status, refundingall sums paid by the tourist, compensations, and so on. However, the dissolutionof the contract after departure is not retrospective, which results in the effectof return of undue enrichment, reimbursement, the subordinated obligation ofsending the tourist back to the place of departure, or to another return-pointto which the tourist has agreed.The main purpose of travel & tour contracts isto obtain enjoyment. When entering into a contract, the parties can anticipatethat the non-performance or improper performance of the contract would resultin non-material damage in the event of his statuary personal rights ate in juriedor the purpose of the contract is not satisfied materially due to the fault oftravel agency.Last, Moreover, travel agency shall also be liable for non-material damagefor waste of time suffered by the tourist for failure to perform or improperlyperform the contract.