Research On Tourism Contract

In2013, our country has a law of tourism that people look forward to many years.Tourism contract ended the30years of nameless contract history. In the period of reform andopening up, tourism legislation has been included in the project. But the tourism industrypreliminary development, all the work is not mature. Now, the China’s tourism industrydeveloped rapidly, and has become a pillar industry in some places. Citizen’s concept oftourism is changing and rising, their legal consciousness is also improved obviously. Tourismindustry is more and more accompanied by disputes, adverse events occurred frequently,involving the interests of more and more complex, in order to solve all the chaos of thetourism industry, the introduction of tourism law is very necessary.In this paper, according to the newly promulgated Tourism Law，combined with thecharacteristics and properties of several years of theory and legislation of travel contractconcept, has made the introduction and analysis. In nature, the legislation is not unified, andour Country’s legislators to travel contract as a special mixed contract, the author agree withthis point of view, tourism contract famous also therefore has the necessity. The process oftourism contract modification and termination problem is always typical issues, previousreference is the provisions of other laws of our country to deal with, and with the<tourismlaw> implementation, Tourism Law on tourism contract’s alteration and termination problemnot only has been clearly defined, but also clear the responsibility.With the rapid development of China’s tourism market, at the same time, also brought theproduce travel disputes, mainly has the lower service standards dispute, and tourismenterprises dispute, the travel agency to transfer contract dispute etc. According to the relevantprovisions of Tourism Law, the author analyzed the essence of the dispute and solution. Thereare disputes often involves compensation, research on the compensation for damage of travelagency, foreign law more better than our Tourism Law, although the system of punitivedamages compensation is a major bright spot in the tourism law, but the spirit of damages and time damages our law does not stipulate that. Through the analysis and comparison of foreigncountries’ tourism law, this paper puts forward the suggestions and ideas for our tourism law.