Travel Contracts Tour Operators Civil Liability

Since the beginning of the twenty-first century, the economic construction of China has made rapid development. With the increasing living standards of people’s material life, people have higher requirements for the level of spiritual life. Tourism as a pursuit of spiritual enjoyment for the purpose of activities is becoming a way for people choose to relax and to broaden their horizons. Along with the rapid development of tourism, the number and variety of the travel contract disputes are increasing. Due to our existing legal provisions in the travel contract is not perfect, the court often faces embarrassed situation in resolving the tourism disputes. Therefore, I think, it’s imminent to improve the tourism-related legislation. This article from the three-pronged approaches to the analysis focuses on the civil liability of the tour operators in the travel contract. This paper first introduces some basic concepts relating to the travel contract, and travel characteristics of the contract and the legal nature of the qualification and status of contract and duty-bearers carried out a detailed analysis; followed by the common law and civil law advanced legislation of the introduction of the system in some countries and regions, respectively, of the tour operators Culpa, liability for breach of contract as well as the responsibility of the problem involving the infringement of a third party; Finally, on the basis of insufficient analysis of the current travel laws and regulations, the author proposed the establishment of a well-known system of the travel contract and hope that on the basis of introducing foreign legislative experience, tour operators breach of moral damage compensation system and the time can be wasted damage compensation system were introduced in order to achieve the perfect travel contract legislation in China to promote long-term and orderly development of China’s tourism industry.