Famous Travel Contract

With the flourishing development of Chinese tourism,a large number of travel contract dispute come out,but there is almost no law in force regulating travel contract.When it comes to dispute settlement,Courts's only choice is to basis on the general regulation of General Principles of the Civil Law,Contract Law and Consumer Rights and Interests Protection Act, together with relevant administrative rules and regulations.Travel contract is a kind of new nameless contract with particularity and could not be regulated sufficiently by the current law.Should travel contract be typified? Through comparative study and empirical research,this thesis is trying to answer this question.This thesis is divided into four chapters.Chapter 1 concerns with the general introduction of the concept of travel contract.This chapter restricts the definition of travel contract in a narrow sense and defines the meanings of traveller,travel organizer and supplier for further discussion.In charge of simplicity of the legal relationship of Intermediary Travel Contrac,this thesis will not discuss it. Finally this chapter analyzes the legal characteristics of travel contract from three aspects.Chapter 2 analyzes the legal nature and force adeffect of travel contract.By concluding from various theories of the legal nature of travel contract,this chapter find out travel contract is a new nameless contract with particularity.Then this chapter analyzes the force adeffect of travel contract from three aspects.Chapter 3 centers on the deficiency of the current law in regulating travel contract.This chapter analyses the general situation of travel contract dispute from tourism quality complaints and judicial action and finds out the deficiency of the current law in two aspects.Firstly,there is no provision regulating contractual obligations of travel organizer and the legal relationship between traveller,travel organizer and supplier,as a result,travel contract dispute could not be solved correctly.Secondly, China's existing law does not provide sufficient regulation on the standard contracts in practice,which may bring negative influence on the protection of traveller.Chapter 4 puts forward a legal proposal for typification of travel contract,which is the essences of this thesis.This chapter analyzes the necessity,importance and feasibility of typification of travel contract,and focuses on the necessity of typification from three aspects:the protection of traveller,the particularity of travel contract,and the demands of economic and social development.