Research On The Right Of Termination Without Any Reason In Travel Contract

With the rapid development of China’s tourism, tourism activities are increasing, but the lack of legislation related to tourism lead to the tourism disputes escalated, especially for tourists to terminate the contract becomes the powder keg of these disputes. As Tourism Law will be promulgated, this paper tries to discuss the travel contract’s right of termination without any reason, and makes some suggestions on legislative proposals.In addition to introduction and conclusion, this article consists of three parts:The introduction poses the background and purpose of this research; introduce the significance of the study.In the first part, it introduces the present situation of the right of termination without any reason in travel contracts in our country. There are mainly two aspects:one is the plight of legislation; the other is the law applicable confusion on judicial adjudication.In the second part, it introduces the theoretical basis of the right of termination without any reason in travel contracts, which mainly includes the following three aspects:the first is to clarify the definition and legal basis of the right and clear the relationship between the right of termination without any reason and general rights of termination; the second is to analyze the necessity of constructing the right of termination without any reason in travel contracts, which is not only decided by the special nature of travel contracts, but also conducive to the realization of the basic value of contract law; based on the investigation of Germany, Japan and China’s Taiwan region, the third gives the analysis of the feasibility of constructing any right of succession in travel contracts, with the absorption of the essence of civil law.In the third part, it introduces the legal regulation of the right of termination without any reason in travel contracts. For the general regulation, we must clarify who could use this right; when could use this right; how to use this right and so on. For the special regulation, we discuss Whether it can be specifically agreed to abandon and the scope of damages, so as to construct perfect theoretical system.,The forth part is a conclusion, briefly summarizing all the arguments of this paper.