Travel Contract Research

The study of travel contract is a quite weak link in the field of legal research in our country. This really doesn't go along with the rapid development of China's travel market. So I try my best to study some important question of travel contract.This article is divided into six parts altogether.First part defined the definition, nature, characterization, subject, object and relevant term of the travel contract. And then give some views such as the travel contract is a contract between travel agency and traveler, it is to in accordance with the reality of our country. In addition to some basic natures, the travel contract has its own prominent features and essential attributes. Second part is the how to form a contract and the validity of travel contract in the practice. In concluding a contract one must offer or acceptance and agreement in writing. A traveler should protects the legitimate rights and interests of his own and the state should enhance treatment of unfair Standard terms. The author also talk about the validity of travel contract, such as vain contract, cancelable contract, etc. The third part is to discuss the rights and the duties between the contracting parties, In this part the article give special mention to the travel practice of our country and study the infringement problem of the third party not the travel agency and its supporting staff with particular care. The fourth part is the third party of the travel. The author analyzes the third person's legal nature and the travel agency should be responsible for assist people's activity in fulfilling the tourism contract. The third party is service supplier so it is supporting staff and the travel agency should be accountability to the action of the third party. And we also think that liabilities for breach of contract of the travel agency should be restraint in some conditions. The fifth part explained the system about change and rescission of the travel contract. The author analyzes various kinds of situations during the course of tourist activity and it has social usage to the travel practices. The sixth part is the author's thinking about how to form a perfect travel contract in the future. We should promote a uniform a model travel contract and thus the traveler's legitimate rights and interests can be protected better.