Study On The Unilateral Change Right In The Organized Travel Contract

With the improvement of material living standards,more and more people have chosen to travel with the group in recent years.In order to better adjust the order of the tourism market and protect the rights and interests of all parties,China formulated the Tourism Law in 2013.Previously,the package travel contract has always existed as an unnamed contract.The fifth chapter of the Tourism Law stipulates the travel service contract system,which is mainly the adjustment of the package tour contract,which is regarded as the famous name of the package tour contract..The package-price travel contract is an essential contract signed by the travel agency and the tourist.The package-price travel contract involves the implementation of various people and things such as supporters,transportation,accommodation,sightseeing,shopping,etc.It is inevitable that the travel agency will encounter difficulties in the contract fulfillment process.The risk of circumvention makes the contract cancelled or changed.Travel agencies often make unilateral changes to contracts based on the characteristics of group-based travel contracts,continued performance,timeliness of performance,and certain personal dependencies.Through the interpretation of the first paragraph of the first paragraph of Article 67 of the Tourism Law,it can be seen that the clause not only stipulates the right to cancel the contract,but also stipulates the unilateral change of the travel agency.The unilateral change right is different from the situation change and force majeure system in the field of traditional contract law,so there is no need to apply the same understanding with the two.In the contracts of administrative contracts,labor contracts and construction contracts,the research on unilateral change right is relatively mature,and the unilateral change right in the package travel contract has not received enough attention in the doctrine and practice,and the problems are numerous.An important reason for granting the unilateral change of the travel agency is that it is based on the particularity of the package travel contract.In practice,the travel agency often arbitrarily changes the package tour contract,and by limiting the boundaries and extension of the unilateral change right,The thinking of granting authority rights prevents the travel agency from changing or canceling the contract at will,thus achieving the purpose of protecting the rights and interests of tourists.The package travel contract is a format contract.In practice,the travel agency often stipulates in the contract that it has the right to change the contract extensively,and the statutory form stipulates the unilateral change right.The inherent legal principle lies in honesty and credit,and the format contract can be avoided to some extent.Insufficient and reasonable and necessary in balancing the balance of power between the parties.Germany and Japan have more detailed stipulations on the unilateral change right in the package travel contract.The exercise of the unilateral change right should be based on the protection of the interests of tourists.The effect of exercise should be in line with the tourist interest.In order to better apply the unilateral change right,the first thing should be clear.The legal status of the unilateral change right,combined with China's tourism practice,clarifies the applicable requirements of the unilateral change right in terms of reasons,degree of fulfillment,obligation to explain,and reasonable scope.In order to balance the rights and interests of both parties,the tourism agency should be given the right to dismiss the right before the unilateral change is granted to the travel agency.The travel agency can exercise the unilateral change right only when the traveler does not exercise the right of rescission.In addition,in order to prevent the abuse of the unilateral change right of the travel agency and to compensate for the damage of the tourist's rights and interests caused by the contract change,the law should stipulate a special change compensation system,or introduce a time-wasing damage claim system to establish a truly perfect package.The unilateral change right system in the price travel contract.