Study On The Compensation Of Tourist Time Wasting Damage

In the tourism contract, the tourist trip failed to complete successfully according to the two parties of the contract expected for the travel agency’s reason, can the tourist request compensation for time wasting damage from the travel agency? How to define the nature of the right to request compensation for time wasting damage? There are no direct legal provisions and rare related cases in this aspect according to the current situation of legislation and judicial practice in our country. The compensation for time wasting damage has experienced a long process of theory evolution and the practice has also been achieved with the cohesion theory. The compensation for time wasting damage, not only conducive to the overall relief of the legal rights of the tourists who is the relatively vulnerable groups in the market, but also to promote the level of tourism legislation.Therefore, it is necessary to study the compensation for time wasting damage.The first part of the paper is the research background and research ideas of this article. It expounds the purpose and importance of this subject, points out that the research on compensation for time wasting damage seriously insufficient in China and gives the research ideas of the thesis generally. The second part is an overview, this part summarizes time wasting damage compensation at home and abroad from the aspects of theory and practical experience. The third part of this article discusses the value of time from the angle of economics firstly, and then analyzes the concept of time wasting damage and the nature of the claim right of time wasting, time wasting damage is a kind of property damages, the claim right of time wasting is a kind of damages for breach of contract claim. The fourth part of this article discusses the specific elements of the system of compensation for wasted time damage. The compensation for time wasting damage will bring some legal risk to the travel agency out of question, hence, we must strictly regulate the compensation for time wasting damage in order to balance the interests between the tourist and the travel agency and prevent unlimited pursuit of compensation from the tourist. The fifth part of this paper elaborates the compensation for time wasting from the aspects of the principle of compensation, scope of compensation and the compensation method. The sixth part of this paper is the conclusion,the author organizes the thought of this paper once again, confirming that the time wasting damage is a kind of personality interests for the content of the property damage, and the tourist should choose the way of compensation for breach of contract to relief their rights.