The Research Of Format Term In Tourism Contract

The research for the travel contract has been a relatively weakfield among our domestic law studies. This is not commensurate withChina’s booming tourism market. China’s accession to the WTO shouldhave formed a sound and legal environment which is suitable for theinternational standards. In fact, the disputes between tourists andtourism operators mainly lie with the formatting of the travelcontract. Facing the growing number of travel disputes, Travelcontract format Provisions have important theoretical and practicalvalue. Based on the basic principles of contract law theory andcombined with the representative travel contract legislation as wellas the judicial practice of other countries, the thesis focus on amore in-depth study of the travel contract format in China and howto build a system to put forward proposals. Besides, the articleexpects to improve the terms of the travel contract format so as toprovide support to the theory and practice that leads to the healthydevelopment of the tourism industry.The thesis is divided into four chapters with a total of more than21,000words. The first chapter uses an example in which two courts have made adifferent outcome on the same tourism case: Nanjing XiaGuan districtcourt rejects Mr. Zhang’s claim while the Nanjing IntermediatePeople’s Court considers that the travel agents as well as peace thehotel should bear corresponding civil liability. For the abovesituation, this part of the thesis focuses on how to regulate andexplain the travel contract format.The second chapter gives a general description about the travelcontract format. It contains three parts, including the basic theoryof the travel contract, the formatting features of the travelcontract as well as the pros and cons of the travel contract format.Firstly, it introduces the basic theory of the travel contract andprovides a clear concept of the travel contract while analyzing thenature of the tourist contract. Secondly, it introduces theformatting features of the travel contract its reasons. Lastly, itpoints out the value and drawbacks of the travel contract and putsforward the opinion that we should avoid the disadvantages andmaximize the value of the contract. Chapter three focus on the effectiveness of the terms of thetravel contract format. There are three key aspects through theanalysis of the problem, including how to make rules and procedures,the effectiveness of the format and the interpretation of thecontract and standard terms. Firstly, the most important issue isto establish a set of formatting the conclusion of the contractprocedures. Secondly, according to the principle of “interpretationof the terms superior to the control of the terms”and the threeprinciples sets in line41of the “contract law”, this part givesa specific analysis about the formatted interpretation of thecontract; Finally, it provides clear standards to judge theeffectiveness of standard form contract terms and emphasizes thatthe basic principles should be based on whether the breach of theforcibly provisions of civil law and contract law and whether thebreach of civil law can be as a criterion. The chapter is one of themost important parts of this article.The fourth chapter is about the rules of the various kinds oftravel contract terms, mainly from the four aspects of thelegislative, judicial, administrative and social regulation. It aims to explore the regulation of the terms of the travel contract format.First of all, this part points out the necessity of China’s tourismcontract and considers that some laws and regulations play aregulatory role in the tourism market. But on the other hand, sinceits object of adjustment is not clear, it is necessary to do morein-depth Legislation. Secondly, judicial and administrativeregulations are the two important ways for us to choose. Based onthe analysis of the status of China’s judicial and administrativeregulation system, it puts forward some ways for reformation. Finally,through the analysis of the social regulation measures of the travelcontract format, this part tries to make a more comprehensiveregulation in order to flourish our tourism industry. This chapterand Chapter II constitute the main focus of this article.