The Study On Punitive Damages System On Liability Of Breaking A Tourism Contract

In modern society, taking a trip has become a major way for people to relieve stress, improve the quality of life. But in tourism activities, due to the operators’nature of benefit-seeking, the phenomenon of breaking tour contract become severer, which results in the loss of legitimate rights and interests for tourists. However, in our current law, only provides for compensatory damages claims for tourists, so that even tourists get the victory in the process of the legal rights protection, they nor obtain reasonable and appropriate compensation. I believe that, in order to curb malicious breach of tour operators from the fundament serious violations of the rights and interests of tourists, " Tourism Law of the People’s Republic of China " article 70 establishes punitive damages is necessary, which is in favor of curbing their travel behavior of malicious breach and protecting the interests of tourists, thus regulate the tourism market order.This article consists of four parts to discuss the punitive damages in liability for breach of tour contract. The first part analyzes the legitimacy of the punitive damages in liability for breach of tour contract, including increasing the illegal cost of operators to better compensate for the loss of tourists, fight against the unscrupulous business practices in tourism market, and maintain the order of tourism market. The second part analyzes the applicability of the punitive damages in liability for breach of tour contract, especially carries out a detailed analysis on tour operators of the main responsibility, and also states the issue of responsibility undertaking for the tour assistants. This section analyzes the malicious behavior of tour operators in performance of contract, and identifies the major performance of malicious behavior in tour contract, and meanwhile discusses in detail the damage that malicious behavior brings to the tourists. The third part expounds the limited issues in the punitive damages in liability for breach of tour contract, mainly discusses why and how the amount of punitive damages need to limit. In addition, it analyzes how to deal with the situation when punitive damages and punitive liquidated damages reach to coexistence in practice. This section also tells the differences between punitive damages and punitive liquidated damages from the scope of application, constraint object and purpose, and other aspects. The last part states the improvement of the punitive damages in liability for breach of tour contract, and extends the personal injury in shouldering responsibility. Currently, the punitive damages for breach of contract only apply to the case of repudiating, and require serious consequences at the same time. This article studies on the scope of application of the punitive damages, and considers that it should apply to all the behaviors of willful default.