A Study On The Regulation Of The Standard Terms Of Travel Contract

Of course we are in the era of universal tourism.Tourism has become a way of life for people.The use of the standard terms of tourism contract facilitates the efficiency of the contract,but the formatted tourism contracts occupy the space for the tourists to participate in the contract as the main body of the contract.The tourist operators often cause the infringer's legitimate rights and interests to be infringed by the pursuit of the interests.In particular,the rapid development of tourism industry today,the judicial practice produces a large number of tourism contract disputes,among which the legal issues surrounding the standard terms of tourism contract mainly involve the entry conditions,interpretations and effectiveness of the terms of the tourism contract format.At present,our country mainly relies on administrative means to regulate the standard terms of tourism contract.The national tourism demonstration contract has been carried out in the two edition,and local characteristic tourism demonstration contracts have been formulated in various places,and many problems have been exposed in the use of the model.In addition,the separation of government and business has made tourism industry associations fail to play its due role in the regulation of tourism contract terms for a long time.The state should actively promote the regulation of the standard terms of tourism contract,combine the formatted clauses and the characteristics of tourism industry,adopt comprehensive means to regulate the standard terms of tourism contract,maintain the healthy development order of tourism industry,and promote the tourism law system.This article first summarizes the regulation of tourism contract terms.Through the analysis and introduction of the characteristics of standard terms theory,tourism industry and tourism contract,this paper expounds the advantages and disadvantages of the form clause of tourism contract,puts forward the necessity of regulation of the form clause of tourism contract,and analyses the current regulation status and existing problems.Then it discusses the regulation mode of the three dimensional degree of "Law-Administration-Industry",and combines the cases in recent years to discuss and analyze the regulation of tourism contract format clauses from the perspective of legal regulation.From the perspective of administrative regulation and industry self-regulation,this paper further perfected the regulation of tourism contract terms,and put forward suggestions for improvement.