On The Package Tour Contract

With the fact that people living standard, rise, people require that delighted to slacken the body and mind, state of mind, one kind being close to the convenience touring naturally, become people are alternative. In the process of tour, realizing the harmonious tour, the happy tour is that, tour purpose realization sometimes requires this once effective carrier to draw support from the contract touring to be that liking self problem touring. The contract touring is a private law main body right duty fixing both sides interested party in civil law principle basis upper bound such as equal, volunteering law document. In the true affair touring, magnanimous the consumer who tours and the operator who tours are that the contract comes to realize delighted to slacken the body and mind, state of mind by concluding and signing a package tour, are close to natural tour purpose. Although the package tour contract is applied to practice extensively,legislation being related to in our country in the instantly is hit by and does not assume clear stipulation. To the research that the tour models after, be always a relative in domestic law educational circles research weak field at present. This is out of all relation to with vigorous tourist market of our country, more, order, is perfect and the legal institutions in conformity with the international practice environment is out of keeping with with having that what be responded to has after our country adds WTO. Contract basic theory problem and the relevance law problem take pair of package tours for the main body of a book meticulous, thorough studying, hope that discussion by the main body of a book is able to clarify the blurred cognition to package tour contract, promote our country tour contract system improving and perfecting, the delighted to ensure people harmoniously healthy tour. Full text divides into six following parts together.Part one:Foreword. Owe a part go into purpose, significance and value sketching the main body of a book.Part two:Package tour contract concept and characteristic. Be a part’s turn to sketch World Tourism Organization in1970checking the package tour contract’s in "Brussels contract international convention journeying","one-package European Union tour " instruction (instruction90/314), Japan "the standard tour finalization of design spends a clause " in1983and Germany civil code that the council of European Communities works out in1990that Brussels works out with Taiwan Supreme Court make an explanation. Refine out package tour contract concept and characteristic on the basis here. Think that the package tour contract is to refer to the people who tours to do business to make profit in order purpose and the consumer who tours conclude and sign, the people who does business from the tour provides one-package comprehensiveness tour service, the consumer who tours pays the golden contract of total. The package tour contract has4-big characteristic:First, the contract main body specially appointed. Being one side is the consumer who tours, another one side is the people who tours to do business; Secondly, the contract bid particularity. The possessions being to be that the whole journey that the people who tours to do business provides to the consumer who tours journeys is paid; Thirdly, contracted responsibility universality. Be that the people who tours to do business answers the package providing be paid conscientiously; Fourthly, golden price globality. Being that the price that the consumer who tours pays is golden is that the contract total is golden.Part three:Package tour contract law character. To package tour contract law character,scholars get the different conclusion because focus of attention different. It’s theory has a bargain to say mainly, the contract appointing contract to say discipline, do says saying contract doctrine, blending and so on, between two parties, the contract says, contracts for. And to package tour contract grouping difficulty, investigate it’s cause, the existence variety is paid in being the contract touring because of contract price mainly, competing of law character, whose essence leading to the package tour contract then are for the assignment resolving this middle contract interested party right duty’s."The contract law " regulation can not satisfy standard tour contract interested party both sides right duty and their legal liability request evidently already at present, a lot of different tour law case treatment result has just explained this problem in actual judicial practice. The contract touring has a lot of unique individuality:The contract character is very peculiar first. Even if being a similar contract of work can not summarize completely; Secondly, the contract has self unique right duty content, the people’s organization duty doing business, the insurance duty to the tourist, consumer’s tour making concerted efforts touring for instance duty waits; Thirdly, the contract operation way having self only. Many in being a contract is paid, is is not to need to draw support from the realization touring other to assist person to come because one party who concludes and signs the package tour contract provides,; Providing that fourth, package tours contracts are paid, the recipient demands to reach the spirit on certain degree satisfied. But these all make possessions wrap up price tour contract difference Yu the contract, becomes one kind of brand-new character contract type other.Part four:Package tour contract blemish goes bail for responsibility1^The blemish goes bail for the responsibility concept. The blemish guarantees that responsibility calls "assurance responsibility ". When according to legal rules, interested party one side shifts property (or right) gives another one side in business activity, should guarantee that property (or right) has no a blemish, if property (or right) shifting has a blemish, is to should undertake suitable responsibility to the adversary. Be that compensable contract interested party (contracting for person, depositing person if betraying person, the lessor, and so on) undertakes responsibility in general. The blemish guarantees that responsibility is one kind of statutory duty, must be arranged by interested party but.2、Package tour contract blemish creation2.1Produce cause. That the operator who tours and most tour project concluding and signing the package tour contract provide person is not the same person, effective controlling very difficult to be in progress to direct providing services interested party controls, this feasible operator who tours and consumer who tours sign stable package tour contract upper right duty existence fixing both sides in boundary legally right blemish. The contract blemish touring is to refer to the what the departure appearing in the tour and arrange particularity subjective, concrete blemish. Possessions is not the obstacle being paid or being paid individually because of the entirety that consumer’s cause touring arouses, belongs to the blemish touring equally. That the package tour contract tour operator provides is a tour product, whose core key element is to lived, gone, loafed about, bought, amused, the product touring is a overall concept, any aspect blemish It both may lead to the consumer who tours can not realize the purpose touring. The standard marriage partner of package tour contract is complicated, has the very strong uncertainty and dependence. The mainest operator duty touring is to organize duty, whose most of fulfills the composition requiring that the project touring other provides person, any links problem appears on point in the process of tour, fluctuation, turn up may lead to the tourist mood are unhappy, makes consumer’s tour touring use personal influence achieving the opposite of what one intended even.2.2Package tour contract blemish appearance state. Blemish appearing in the true affair touring, in package tour contract in our country is included mainly: Traffic passenger transport blemish; Accommodation serves a blemish; Process blemish touring; Responsibility bears the convention blemish.2.3Build package tour contract blemish necessity of going bail for responsibility. The blemish guarantees that system is important continent genealogy of law legal system. The blemish guarantees that responsibility is that the finger violates civil liability born by blemish assurance duty. The blemish guarantees that the duty blemish including that the thing blemish goes bail for duty and right goes bail for duty. The blemish guarantees that responsibility is one statutory duty in the bargain, the package tour contract relative to the bargain has self s particularity more, the consumer who tours is in relatively weak power position in package tour contract, lawful right requiring that the building-up blemish goes bail for responsibility, protects the consumer who tours thereby more.2.4Responsibility form that the package tour contract blemish goes bail for. The package tour contract blemish goes bail for responsibility, uses the abroad legislation example for reference, be tied in wedlock our country tour contract dispute actual judicial practice, remedy measure mainly from being put into effect; Cost falls off request that right; The contract relieves right; Four aspect compensating for damage is carried out expounding.Part five:Our country tour reality is sure to be hit by the concrete package tour contract manifestation----form tour contract1、Form tour contract coming into being. In real tour activity, consumer who tours for convenient and rapid realize self the purpose touring, sometimes is to pass and travel service concludes and signs the package tour contract. But, the most package tour contract is to repeat the form contract being put into use but designing in advance by travel service. Treaty content is included mainly:What route, touring go to spot, predestination, board and lodging standard, the means of transportation riding in, the regulation being not a regiment, visitor points for attention item, visitor’s duty, relief of the travel service item etc.2、That discriminates the middle form tour contract "despot clause ". In the true affair touring, seldom also very difficult to be in progress consulting with, bargain with sb. for a supply of sth with regard to concrete clause and travel service inside the contract, sometimes can only make choice between accepting and not accepting, do not have free moving about because the product touring is that one kind there is no a sample, there is no the intangible goods trying method out, there being no stock, is the visitor who intends to participate in the tour product that travel service promotes, leeway. But person is not only selfish, and do not stint benefiting oneself at other people’s cost once getting chance in market economy environment,the opportunism nature that oneself has shows this human being especially outstandingly in market economy. Defend self benefit as far as possible, because that the operator who tours is that the complete reason people, is equal is an opportunist therefore may make use of all advantage that self owns,benefit not stinting the consumer who damages a tour with various means even."Despot clause appear on" possibility in the activity thereupon, carrying out business in the contract touring by the form, in contract terms. The clause that "the despot clause " shows mainly in order travel service makes use of the form contract to exempt and reduce oneself responsibility clause and the duty increasing a consumer in tour contract.3、The contract touring to the form is hit by "despot clause " gauge system."Despot clause " in form contract has characteristic property of discriminating against the negotiation consulting, discriminating against contract liberty, with the fundamental spirit of civil law is each other erroneous. Have scholar think that the form contract leads to "the contract death. And at present middle obvious form tour contract existence "despot clause " circumstance, becomes the main cause that the real tour dispute frequently piles up. Consumer’s maximal benefit touring therefore, disregarding secondary protection thinks, still scan from the macroscopic visual angle cultivating the consumer market touring, must carry out gauge system on the form contract touring,"the clause eliminates tour contract despot". Need to remove the form tour contract "despot clause ", should adopt multivariant way such as legislation, administrative judicature, and corporation industry autonomy carrying out effective gauge system.4、Perfect dyadic our country price tour contract suggestion. The form tour contract is sure to be hit by in our country tour reality the usual suitable for use, it can lessening signs a treaty cost, facilitates business procedures, improves flexible beneficial result of business, but existence also is difficult to embody interested party both sides sufficiently showing appreciation truly expression, the right expanding the operator who tours boundlessly, bring about both sides interested party contract benefit losing a weighing apparatus waiting for abuse. For the contract models for calligraphy or painting touring such as tour contract model for calligraphy or painting ", trial implementation in2004the group who tours "in the homeland rolls the contract model for calligraphy or painting " into a ball uniting with country industry and commerce general administration having worked out2007"leaving the country resolving abuse, National Tourism Administration,there exists common problem in the contract to expect that the hiatus and form resolving the tour contract model for calligraphy or painting there existing in long range tour. But dispute that the model for calligraphy or painting attracts, the reality also reflecting to have verified the form contract experience touring is awkward. Therefore, the author suggestion form tour contract ought to comply with the tour contract’s recording item, liang of aspect is in progress in FMT tour contract without obtaining the item recording that perfect.Part six:Concluding remarks. The main body of a book is passed to package tour contract series of fundamental problem examination, is makes us carry out the all-round cognition on the contract system touring in civil law. The author strives to study by the fact that judicial precedent carries out investigation and discussion on theory, part country in the homeland legislation, international convention and business practice related to by package tour contract, carries out the structure analysing, hoping the tour contract legal system exploring our national condition suitable building a train of thought combining with and our country tourist trade concrete conditions and actual problem.