Tourism And Contract Research

There is no regulations related "travel &tour" contract in Contract law. The theme of this article is written based on civil law theory and foreign theories related travel &tour contract. Concededly, reference in this article are also including the relative academic theories, court precedents and foreign legislations. The purpose of this article is try to analyze, review and clarify the issues as follow: the definition of travel and tour agency and the meaning of travel and tour contracts; the formation, nature and character of travel and tour contracts; the rights and obligations of travel agency such an providing travel and tour service, change the contents of travel and tour, duty to assist tourists in related matters, implied warranty of fitness for ordinary purpose, damage for waste of time due to the fault of the travel and tour agency, etc; the rights and obligations of tourists, such as receiving the travel and tour service under the contract, the duty to cooperate, payment of travel expenses, rights of replacement, etc.; as well as discharge of travel & tour contract. This article wants to analyze comparatively theories and cases in tourism developed countries and research our current laws and practices .the author would construct fair theory and instructions in positive law, and expects to benefit to the solution of the problem of tour contract.The thesis consists of six parts: to start with, the preface. Tourism, has developed fast since reform and opening, but controversy over "travel & tour" contract are arising constantly and becoming stumbling stock in tourism development, we don't prepare sufficiently for the question: we are short of tourism legislations, furthermore, the most "travel & tour" contract was denied(draft of "travel & tour" contract has many defects),when contract law was voted.In chapter one, the author defines difference between "travel & tour" contract and other contracts by analyzing the concept and characterizations of travel contract, andconstrues specifically the nature of "travel & tour" contract in which many tour-developed countries have differences of views, these supply us references when enacting the named travel contract.In chapter two, the author compares the difference among the conclusion,establishment and entry into force of travel contract, and point out "travel & tour" contract itself has its...