A Study On The Liability Of Wasting Time Of A Tourism Contract

With the development of tourism, especially after China joined in WTO, there are more and more travel contract disputes in China. As the most basic contract, Tourist contract plays a fundamental role in tourist relationship. However, contract legislation is lagging behind, wasting time due to breaching tour contract becomes more common, it is time to build a perfect responsibility system of compensation for travel time.First of all, through analyzing the legislation of tourism contract, drawing a brief description of the compensation system for wasting time in a travel contract, doing research on the principles of the default attribution. When it comes to this topic, default liability and non-default liability are two prevail principles. I hold the view that we should treat them differently according to the classification of contracts, in case of enlarging the risk of contractors infinitely.Secondly,comparing the compensation system for wasting time in different districts, concentrating on Germany and Taiwan, analyzing previous cases of travel contracts related to wasting time. On the basis of analyzing our country’s legislation and judicatory practices, pointing that we should build compensation system of wasting time as soon as possible.Thirdly, concentrating on the improving the Chinese legal system of the breach of Tourism contract. Put forward that we should make the travel contract to be a classified contract when we revise our contract law. At present, the Basic Tourism Law has not been introduced in China yet, let alone relative provision on liability for wasting time of travel contract. We should balance rights and obligations between contractors, so the travel contract should be urgently named and legislated in Chinese law system.The last chapter clearly states the condition as well as the range of compensation for wasting time, considering that compensation for time wasting in travel contract should not be proposed at will, in order to pursue fairness and justice, we should impose restrictions on the condition and range.