Tourism And Contract Research

With the development of economy, tourism plays a more and more important role in people life, and tourism dispute sometimes frequently. As tourism is a kind of contract without title in Contract Law, the dispute in practice is mainly settled according to the general rule of Contract Law and ministrative statues. This brings great difficulty to trial practice .Tourism contract legislation has urgent practical significance .At the same time the research of tourism contract is too little. This text will discuss some of the basic theory of tourism contract in five parts.First part is about the definition and feature of tourism contract. Tourism contract is the contract that tourism operators provide tourists with tourism service and tourists pays the tourism operators with the traveling expense. Tourism contract have the legal features of the double service, paid, no type, absolutely regular, specific subjects and so on. The article support the idea tourism contract should be the contacts for work.The second part discusses the legal effect of tourism contract In the tourism contract, the main right of tourism operators is to charge the traveling fee, and the obligation involves fore-contract obligation, informant obligation, tourism service which is provided basing on contract, imperfection guarantee obligation and so on. The right of tourists is that ask tourism operators to provide service based on agreement. The main obligation is to pay tourism fee and of assistance. Payment providers are involved in Tourism contract, and the article point out, payment providers should be the assistant of performance, and tourism operators should be responsible for Payment providers. Tourists can ask tourism operators for compensation for damage when tourists are damaged because of payment providers.The third part is the research of the modification and rescissation .Tourism contract often involve modification and rescissation because the performance of the tourism contract was affected by objective factors. Tourists can make the change by the way of informant before tourist starts, and tourism operators can give change after receiving the written approval from tourists. Tourism operators can change the contents of contract when meet force majure. Tourist has the right of any rescissation, rescissation right because of flaw, the rescissation...