On The Compensation Arising From The Violation Of Travel Contract

With the increasing growth of social economy and people’s living standard, travellinghas become a preferred way of leisure. In this case, it’s common for people to sign a travelcontract with the travel agency. On the other hand, however, it’s worth mentioning that thefrequent travel contract violating has caused much spiritual damage to tourists.Moreover, the compensation for spiritual damage caused by contract violating is notinvolved in the current laws of our country and it is not generally advocated in trialpractice, which then leads to the absence of legal support once tourists encounter seriousspiritual damage because of contract violating. For this reason, they can’t get timely andeffective legal aid and the final result is that the victims can’t get the compensation theydeserve.It is proved that legislation and judicial practice in our country cannot give adequateprotection for tourists who suffer serious spiritual damage caused by the travel agencies’contract violating. Meanwhile, the travel agency increasingly continues to violate thecontracts due to the reduced violating cost.By defining the connotation of tourism contracts and compensation for mentaldamage, analyzing the particularity of tourism contracts and the theory of mental damagecompensation responsibility of contract violating, and investigating the legislation andjudicial practice of England and America and other developed countries and regions, thispaper concludes that mental damage compensation responsibility of contract violating canbe applied in travel contracts and further puts forward the idea of constructing thecompensation system of spiritual damage caused by contract violating. More specifically,the whole text involves the following four parts: In the first part, such basic concepts as travel contracts and compensation of spiritualdamage are deeply analyzed in great detail to make their connotation known clearly.In the second part, the rationality of spiritual damage compensation of travel contractviolating is further demonstrated on the basis of the particularity of travel contracts, thefairness and justice, the theory of contract freedom and the principle of full compensation.In the third part, the case theory and the legislation situation of spiritual damagecompensation concerning contract violating in western law countries like England andAmerica, as well as international legislation, are studied. It can be safely concluded thatthis kind of compensation is recognized and accepted within a certain legal field in manycountries. The author holds that it’s advisable to learn from the experience of England andAmerica and other European countries in this respect. That is to say, the victims should beallowed to apply for the compensation when spiritual damage occurs in the case ofparticular contract (like travel contract) violating.In the fourth part, the present situation of legislation and related rules about spiritualdamage caused by contract violating in China are described. Also, some cases of spiritualdamage compensation in judicial practice of travel contract disputes are analyzed toexpound the necessity of constructing spiritual damage compensation systems from theperspective of promoting the unity of justice, strengthening the legal guarantee of tourists,realizing social fairness and justice, improving the current civil law system, making up forthe defects of responsibility theory, meeting with the needs of economic and socialdevelopment, inhibiting malicious contract violating and promoting the healthydevelopment of tourism industry. This paper attempts to propose the establishment ofspiritual damage compensation systems of travel contract violating in the light oflegislative mode, content choice and necessary restrictions.