Font Size: a A A

Tour Operators Of The Collateral Obligation

Posted on:2017-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y XueFull Text:PDF
GTID:2296330491950227Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development road of Chinese tourism started in 1978 as the reform and openness began. Over the past thirty years, Chinese tourism has experienced an unusual time, turning from foreign exchange activities into comprehensive industry, from new economic grow point into the pillar industry in national economy, from major tourism country to the big tourism country in the world.2 On the contrary, the non-standard operation of some tourism enterprises such as negative League tourism fare, forced shopping and vicious competition, that have triggered a series of disputes, impacted upon the market order. Luckily the Tourism Law was issued in good time, which provides legal backing to normalizing the development of tourism market, restraining vicious competition, protecting the tourists’ rights. As the first law issued in the history of Chinese tourism development, the inauguration of Tourism Law indicates that Chinese tourism is now on the standardized path. On the basis of balancing the interest relationship between tourism operators and tourists, the law enhances the protection for the tourist rights and interests, embodying in:expressly stating the collateral obligation that shall be fulfilled by tourism operators, which demonstrates that the lawmaker’s will has transformed from pursuing formal equality into substantive equality (pay more attention on the inner sincerity of the tourism operator when the service is provided). This paper, based on the legislation purpose, intensively studied the confirmation evidence, methods, specific forms in different phases and the civil responsibility of violation of the collateral obligation of the tourism operators, so as to assist the tourist who is suffering from the infringement of their rights and interests.This paper consists of four chapters. The first chapter is the theoretical definition of the contract collateral obligation. The collateral obligation generated from the principle of honesty and credibility is not unasserted and the debtor shall fulfill the obligation in special time and place. Not like the payment obligation that decides the contract type and reflects the contract purpose, the value of collateral obligation lies in the auxiliary payment obligation that satisfies the interests of the creditor. Its mainly includes but is not limited to notification, care and confidentiality. The complexity of tourism activity decides that the collateral obligation of tourism operator has the specificity comparing with the general contract collateral obligation, which lies in the variability and universality of the obligation scope, complexity of the obligation type, irresistibility of the obligation as well as the specificity of the obligation subject and right subject.The second chapter is the confirmation evidence and methods of the collateral obligation for operators. Although the collateral obligation traces from legal provisions and party agreement, the principle of honesty and credibility, as the ground for substantive law, decides that of collateral obligation exists regardless of the formal two factors. Therefore, the first method for the judge whether the operator shall undertake the collateral obligation is to search and explain the contract and the law articles; second, use the principle of honesty and credibility as the guidance; finally, refer to the industrial practice.The third chapter introduces the specific forms of the collateral obligation in different stages. The wide range and long duration of tourism activities decides that the existence and fulfillment of collateral obligation for tourism operator cannot be finished instantaneously as it does in buyer-seller relationship. Upon the concluding of a tourism contract, the operator has the notification obligation and warning obligation when reducing or relieving from his own obligations. Upon the fulfillment of tourism contract, the operator shall fulfill the corresponding collateral obligation on all aspects ranging from traffic, tour, accommodation, shopping, catering to entertainment. After the tourism activity, the operator has the secrecy obligation for the individual information and the assistance obligation in the rejection of commodity with defects.The fourth chapter illustrates the civil responsibility upon the violation of collateral obligation. The operator shall be responsible for the obligation stated in the contract, but the responsibility shall be classified into fault. The liability for operator who violates the collateral obligation in contracting, fulfillment and termination phases are liability for contracting fault, liability for breach of contract, liability of the post-contract.
Keywords/Search Tags:Tourism operator, collateral obligation, Honesty and credibility, Tourism law
PDF Full Text Request
Related items