Legal Issues Of Travel Contract

With the rapid development of the third industry and more colorful life, going out for traveling has become necessary for many people. Some people go traveling by themselves because of their full time, energy and experience while the traveling service for most people are provided by travel agency. But the development of the travel contract does not correspond with the rapid development of travel. There is no sound law to ensure to deal with the travel contradiction perfectly. So in this case, standardizing the traveling market, protecting the benefit of the travelers become more and more important and establishing and perfecting the traveling contract in our country is no time to delay.This paper mainly analyze the basic law problems of travel contract referring to some successful experience of travel contract in foreigner countries, then give some of my own views to expect the birth of the travel contract in our country. In addition, hope that we can improve the efficiency of dealing with traveling problems and increase the occurrence of the traveling problems in order to make the traveling industry develop healthily.This article is divided into six parts:Part I:travel contract. Travel contract because the contract is unknown, there is no clear concept, the legal characteristics, the definition of a legal nature, their countries and regions have a different understanding. This part of the contract were the concept of tourism, the law defines the nature, analysis of national laws on the travel characteristics of the contract, obtained the contract on the concept of tourism, legal characteristics, shallow understanding of the legal nature.Part II:Tour of contracts. Conclusion of a contract requires both parties have contractual capacity, expression of the true meaning, the subject of the existence of legitimate and effective. This part is special nature of the contract starting from the tourism, contracting ability of the parties, the contract in the form of travel, tourism, the main provisions of the contract the contract for the establishment of tourism analysis.The third part of the travel contract changes, dissolution and termination are analyzed. This section changes from the travel contract, rescission, termination of the contract in terms of detailed analysis of tourism, that tourism contract modification, rescission, termination of contract, the first effective in tourism carried out under the premise of the establishment. From the tour before or after the start of the study to proceed on the tourists and tourism operators of responsibility.The fourth part of the tour operators, respectively, and tourists on the rights and obligations were analyzed. Because of their status and relationship of different tourists and tourism operators is the interaction of rights and obligations, such as tour operators have obligations under the contract, while the tourists are traveling to assist tourism operators to complete the contract obligations.Commitment from liability for breach of Part V of the tourist area of contract law. The spirit of this part of the damages for the controversial, the third area of accountability and the exemption with the relevant provisions of national and regional analysis and comparison of the final proposed contract for the legislative proposals of Tourism.Part VI:the practice of tourism contract problems and solutions. This part of the reality of the situation from the legislative point of view and analysis of current problems in China’s travel contract. The best travel contract that is attributable to its well-known, thus enabling travel disputes the law, to prevent the tour operators to use standard terms to increase their own rights, to reduce their own obligations. Tourism from the perspective of justice to regulate the contract, in order to improve the tourism contract of the legal system.