Legal Issues Of Travel Contract

Today’s world, due to raise the level of economic development, improving the quality of life, people have to travel as relieve stress, the pursuit of spiritual enjoyment an indispensable tool. In the tourism process, in order to achieve spiritual enjoyment often need the help of the travel contract carrier. Tourism is among the principal of equality in accordance with the contract of equality, voluntariness, honesty and other principles of civil law, to determine the legal rights and obligations of party documents.2013. "People’s Republic of China Tourism Law" (hereinafter referred to as the "Travel Act") was finally enacted, the travel contract also spun off from nameless contract dreams. In this paper, based on 2013 promulgated and implemented the "Travel Act", and our current contract on tourism mainstream theories, perspectives and requirements for travel outside the country and the region in close connection with the contract, some of the travel contract basis, important legal issues and practices were required to present and urgent problems in depth and meticulous research, aimed at improving China’s tourism contract to promote the healthy development of the tourism industry. In addition to the introduction of this article, the conclusion in total is divided into five parts:The first part is an overview of the travel contract, is divided into three sections. The first section is the concept, characteristics and types of tourism contracts. Section II is the nature and content of the travel contract, the prevailing doctrine and by introducing a variety of views on other countries outside the travel contract to determine the nature of the travel contract.The second part is a comparative study of national and regional tourism outside the contract is divided into four sections. The first section describes the legislative German travel contracts. Section Ⅱ describes the travel contract China Taiwan region. Section Ⅲ introduces the Japanese law in the travel contract. On this basis, the fourth quarter of the relevant provisions of national and regional tourism extraterritorial conduct a comparative analysis of the contract, to provide reference and inspiration for the Improvement of the tourism contract system, noting that the contract of the main problems of tourism and reform, development direction.The third part is the travel contract change, release in question, divided into two sections. The first section describes the concept of tourism contract changes, type and Elements, pointed out the practical problems and proposed a path to solve. Section Ⅱ describes the main problem is to remove the travel contract, pointing out deficiencies and improvement in the lifting area.The fourth partis to discuss the terms of the issue of the travel contract format, divided into three sections. The first section describes the format of the travel contract terms related concepts. Section Ⅱ describes the main causes of the problem and the terms of the existence of the travel contract format analysis. Section III is on top of this, the recommendations put forward thinking travel contract to improve the standard terms.The fifth part is the study of the travel contract damages issue, is divided into two sections. The first section is the concept of damages and Elements. Section Ⅱ is punitive damages tourism contract. Discusses the concept, the introduction of the reasons for the current situation and existing problems and make recommendations to improve their deficiencies.