On The Standard Clauses Of Travel Contract

Travel contract is an agreement that contains rights and liabilities in tourism service in modern society. With the rapid development of mass tourism, travel contract experiences a course of standardization. On the one hand, there are many advantages in standard travel contract, such as cut, convenience and economy. On the other hand, there are also some disadvantages, as including the unfair clauses for customers in it. If the situation could not be controlled, it will definitely hamper the sustainable development of tourism service in the long run. So it is necessary for us to recognize the travel contract from the perspective of theory and practice. Based on the current phenomenon in practice and legislations of travel contract, there are some suggestions on regulating the standard clauses.The article is consisted of three parts as follows:The first part is an overview of the standard clauses of travel contract. Firstly it introduces the basic issues of travel contract, then analyses the concept and legal characteristics of travel contract. Secondly, it defines the meaning of adhesion clauses, and analyzes legal characteristics of standard clause of travel contract. Thirdly, it discusses the causation of standardization of travel contract. Finally, after talking about the value of the standard clauses, the author finally draw the conclusion is only to regulate the malpractice of standard terms is the way.The second part is about application of the standard clauses of travel contract. Firstly this chapter discusses incorporation of standard clauses into travel contract. Secondly, it expatiates three principles interpreting the standard clauses from the perspective of Chinese law of contract. Thirdly, it points out the way to judge the validity of the standard clauses. Besides the provisions of the law, the basic principles of civil law are also important judge basis. Finally, on the basis of the specific case analysis and unfair standard clauses exsiting widely in travel contract, the author asserts the necessity of regulation of the standard clause. The third part involves the regulation on the standard clauses of travel contract. Firstly, on the ground of the current situation in our china, the author points out the certain need of legislation regulation by stipulating the travel contract in China's law. Secondly, administrative supervision is an important link. The author gives the proposals how to supervise the standard clauses of travel contract as the Chinese administrative bureau. On account of analyzing the present situation of judicial regulation, the author shows specific measures for improvement. Finally, it discusses some social regulation ways, such as self-discipline, consumer protection organization's supervision and news supervision, and thus draw the conclusion:strengthening the regulation of tourist contract format terms is a systematic project. It is possible to eliminate the defects of tourism contract format terms by using various ways furthest to achieve the healthy and sound development of tourism.