Research On Travel Contract Breach

The current rapid development of China’s tourism industry, the consequent disputesare increasing.One important aspect is that between tourists and tour operators.For ourprevious tour was based primarily on the settlement of disputes and administrativeregulations, government regulations and normative documents, etc., and with the newlyenacted October1,2013to start implementation of the "People’s Republic of ChinaTourism Law"("Travel Act"), for complete a comprehensive travel contract provisions.Inthis context, the author of the travel contract breach for a new discussion.In this paper, the body has five parts: First, to clarify the basic issues related to thestart of this article, the concept of the travel contract, the legal nature of the basic featureselaborate, made travel contract and the respective rights and obligations of thebody.Secondly, from tour operators were worthy cause breach of contract, breach ofassisted human fulfillment causes of default and the tourists themselves causes threeanalyzes the travel contract breach form.The third part introduces tourism propertydamages for breach of contract, in which the tourism punitive damages for breach ofcontract that focuses on the issues.The fourth part of domestic and foreign legislation andjudicial practice, for breach of contract damages spirit had a full discussion, focusing onwhether it should apply to damages under breach of the spirit of dialectical analysis of thesituation, which is the focus of this article, is also difficult.The last part of the touroperators stressed exemptions, tour operators and conventions may force majeuredisclaimer relieved of liability for breach, but illegal form of exemption in terms of formatshould be regulated by law.