Liability Of Breaking A Tourism Contract

Tourism, international tourism industry is called, by virtue of tourism resources andfacilities, expertise, or mainly engaged in to attract, tourists, providing transportation,sightseeing, accommodation, dining, shopping, entertainment and other aspects of acomprehensive six industries. China’s sustained economic development will continue topromote the rapid development of tourism. According to international experience, when acountry’s per capita GDP exceeded1,000U.S. dollars, travel spending will start. China’s percapita GDP in2003, more than$1,000, in2010, China’s per capita GDP reached$4,628,which shows the next few years China’s tourism industry into the stage of rapid development.According to the National Bureau of Statistics analysis, China’s per capita consumption from2003to2020will be an annual increase rate of10.8%, in this good situation, the wholeconcept of the consumer to upgrade constantly popular, people will continue to align to ahigher standard of living tourism market has broad prospects. However, behind in the rapidlygrowing tourism industry is facing a crisis, in which frequent travel contract disputes, and thecourt accepted the plight of such cases have exposed the limitations of the law, the legalsettlement mechanism is not perfect and so.I go to access a legal perspective, discuss and think about the crisis there is the deeperreason, that the breach of contract disputes, tourism is the core issue travel party fails toperform the contract or its performance does not meet the contractual obligations stipulated inthe contract when the other party should bear the civil liability or legal consequences, theso-called broad sense of the travel contract breach. China’s current liability for breach ofcontract on the tour no specific legal provisions, liability for breach of contract with referenceto tourism generally deal with liability for breach of contract, breach of contract liabilitybased tourism has its particularity, it is necessary to travel further improve the system ofliability for breach of contract and refine. This specification China’s tourism industry, thehealth of China’s tourism industry more rapid development and safeguard the legitimate rightsand interests of tourist parties to the contract are not infringed, in particular, full of tourists ina weak position to protect the legitimate rights and interests is particularly important. Basedon the above discussion, I believe that tourism liability for breach of contract research for thespecification and development of tourism, reduce travel disputes, the relevant legislativeproposals put forward an extremely important and profound significance.In this paper, the theory related to the civil law as the basic guiding principles, fromliability for breach of the relevant theory research, analyzing the travel contract in its ownparticularity, based on the reference and reference to foreign liability for breach of theprinciple of attribution of the relevant legislative experience, pointed out that China’s current contractual liability, that is taken to the main principle of strict liability, supplemented by theprinciple of fault liability legislation has been designed does not apply to contracts of this newclass of travel contracts, with a lag, irrationality, lack oriented. To this end, the author of theanalysis on the basis of the above-mentioned shortcomings, seek to make up for the deficiency,liability for breach of that contract to determine the travel should be based on the principle ofattribution of different types of travel contract, namely that the package tour contract shouldapply the principle of strict liability is limited, The travel agency contract shall apply theprinciple of fault liability. Meanwhile, from the system of contract law for breach of thelegislative intent of departure, travel parties to the contract breach, it should bear the liabilityfor breach of statutory exception and agreed exemptions. Loss compensation in the SupremeCourt judicial interpretation of the spirit and the spirit of damages under the premise oflegislative intent, I believe that travel disputes and with the interests of personal and spiritualdevelopment of its liability for breach of civil commitment approach should be combinedwith all phenomena of non-compliance mechanisms legislation. Therefore, this paper presents,in the travel contract disputes, breach of obligation to the way in addition to existing legalprovisions related to compensation of material damage, personal injury compensation shouldbe included in the system of compensation for moral damage mechanism.