Tourism Contract Flaw Performance Of Damage Compensation Research

The rapid economic development of our country in recent years, gradually improve people’s living standard, more and more people choose to participate in tourism activities to relax and relieve stress, the tourism industry in our country presents a scene of prosperity, at the same time, the tourism market on a large number of the presence of infringement of the rights of tourists, because of reasons of legislative and judicial, tourists cannot obtain the comprehensive compensation after the rights are violated, in the long run, will be an adverse effect on the development of the tourism industry of our country. So based on the travel contract defective performance of the Angle of view, for the question of the damage compensation of the cases of pure dissatisfaction with travel service to tourists as the research object, first of all in China tourism contract dispute case typed study, draw tourists claim tickets, transportation, meals, accommodation, the author calls typical cost; There are still some cases claim phone, notarial cost, materials, stock losses, lost wages, etc, the author called atypical fees, for typical cost, sufficient evidence, if tourists court will generally support; For atypical fees, according to whether a causal relationship with tour operators default behavior, is in line with the predictability rules to determine. Tour operator infringes on tourists’ right to know, to choose the tour operator fails to fulfill its obligations, told because of the not yet on the nature of the right to know, to choose said, therefore, should take to solve the general personality right system, support the mental damage compensation of tourists. Theory and practice in our country at present the general said don’t admit that compensation for mental damage of default, only admit tort compensation for mental damage, but as the civil law of Germany and Taiwan area in our country have already make a breakthrough on the issue, so the frontier trend in the development of our country should comply with the law, in order to get pleasure travel admitted in the contract for the purpose of compensation for mental damage of default. Tourists spend a certain amount of time to engage in tourism activities, time itself is no spirit or property on the meaning, in today’s business society, the time for the people has precious value, the author thinks that time is the nature of the property right of claim for compensation for damage, under the current legal framework to support the tourists time damage compensation claims there are no logical disorders, and plays an important role to fully protect the legitimate rights and interests of tourists, when cannot complete or tourism activities in the tourism activity is severely hampered, tourists can waste time damage compensation claims, claims and the amount to tourism operators received total costs is limited in the average daily amount.