Research Of Package Tour Contract

Tourism has been the best choice of people to get through the holiday from its appeal to now, it brought huge economic benefits for the region or country. But every coin has two sides, along with the enormous economic benefits are more and more disharmonious factors between tourists and travel agencies. The steady development of tourism needs the specification of legal system of tourism market, while the core is tour contract. The tourism law of the People’s Republic of China was formally implemented On October 1, 2013; it used(chapter 5) 19 provisions to stipulate the “tour contract”. For the services travel agent provided to the tourists, it is package tour that easier to have dispute, the relative content of it is more complex. Therefore, to research the package tour contract has the vital significance.Now with the implementation of “tourism law”, tourist contract became formal, and package tour contract system has also been determined. Through the implementation of “tourism law” after a year, the effect it brings to the tourism industry is dramatically, it changed the tourism market order. But as the regulation of “tourism law” is too principle and simple, it greatly influenced the effect. In order to make the implement of the law more effective and depth, provisions have to be specific and explain in detail. This paper will find the problems existing in the implementation by example, and research the package contract system through the theoretical and empirical method, to perfect the concrete system of package tour contract and contribute a little for the package tour contract legislation.This paper comprehensive used the empirical analysis, literature research, value analysis and comparative study method, which is divided into five parts:The part of introduction mainly elaborates the research background of package tour contracts, the significance and the present situation of the tour contract legislation in our country; it introduced the research scope, research methods and innovative points.The first chapter is the theory of the package tour contracts, mainly for the concept, the characteristics of the package tour contracts, the conclusion and the fulfillment of package tour contract under the “tourism law” of the fifth chapter. In this paper, we think that the package tour contract refers to the comprehensive services travel agency provided to the tourists and tourists paid for it. It elaborated in the paper that people usually conclude contract with demonstrative text and format terms, it also elaborated the termination and the default liability and punitive liability during the performance of the tour contract. It provides the basis for the below writing.The second chapter is the analysis of existing problems in practice of package tour contract. In this paper, we think the problem of package tour contracts is that travel agencies used standard term to relief responsibility and used multistage package contract demonstration text. The problems existing in the process of the package contract are the liability to pay compensation is unknown when tourists arbitrarily terminate the contract; the legal consequence is unknown when the travel agency cancel the contract, the compensation scope of default is not clear, and the limitations of the application of the punitive damages responsibility. We can find the existing problems through the analysis of specific examples in this chapter, and to provide the basis for the writing.The third chapter is to improve the package tour contract system. In this paper, we think that regulating format terms should be clear the definition of “reasonable remind”, should be take the exception clause into the negative elements of the package tour contract, and clear the effectiveness of the package tour contract demonstration text at all levels. For the termination of contract we should perfect the rescission of the contract parties, clear the compensation liability of tourists, and clear the legal consequence of the travel agency. For the relief of compensation, we should take the mental injury and time damage into the compensation scope. For the application of the punitive damages responsibility, we should improve the subject scope of punitive damages, applicable conditions and the calculation basis of compensation.The last part is conclusion, this part is a general summary of the full paper, combing and refining the point further.