Study On The Legal Issues Of The Tourists’ Rights

With the development economic and the improving of living standards, travel has becomea new hot consumption spots, and tourism has become a pillar industry of China’snational economy and new economic growth point. Along with the development oftourism, the disputes between tourists and tourism operators become more and more. OnOctober1,2013, Tourism Law came into force. It makes our travel contract a typificationcontract and it provides a legal basis for the protection of the rights of tourists, and it hasa great significance for the development of tourism and the protection of tourists’ rights.But in fact, how to understand and apply the law correctly is particularly important. Aswell as for tourism issues which is the controversial in practice and the law is not yetclearly defined still need further study and discussion.This article describes the development of tourism in domestic and international,studies and analyzes the concepts and characteristics of tourism, travel contract, tourismoperators, tourists’ rights. Tourists enjoy the right of comment consumers and the specialrights such as right to replacement, right to terminate the contract, security, right to returnthe pay, right to get help, and so on. For the travel contract which is signed by thecompany, is a Contract for the Benefit of Third Party, the tourist enjoy the direct right ofclaim. In the travel contract, tourism operators shall responsible for strictly liability; andthe liability of tourists is limited to the actual costs that incurred. Tourism operators shallbe liable for the loss for non-pecuniary loss for failure to perform or non-propertyperform the travel contract.