Research On The Time-Wasting Damage Compensation In The Tourism Contract

Nowadays,the tourism industry of the tertiary industry in China is getting prosperous with each passing day.In particular,the package tourism form of tourism agencies is increasingly favored by the public.However,the current tourism-related legislation in China is relatively blank.Travel agency qualifications are uneven and the majorities are small and medium-sized travel enterprises,which brings a lot of travel disputes between tourists and travel agencies.The time-wasting damage is one of the tricky issues as it might greatly reduce the quality of tourism and even cause tourists to feel unhappy and painful.Therefore,in order to better standardize the operation behavior of travel agencies and protect the vital interests of tourists from disadvantaged groups,and make Chinese tourism industry develop in a healthier and orderly manner,it is particularly important to construct the time-wasting damage compensation rules in travel contracts.The main dilemma in constructing the time-wasting damage compensation rules in the domestic tourism contract is that many specific issues are still controversial.In detail,they are the legal nature,the remedy,the default form,the principle and the compensation limits of the time-wasting damage in travel contracts and so on.With regard to the nature of the time-wasting damage in travel contracts,the author believes that it is the scarcity of time,the nature of irreversibility,and the nature of the time-wasting damage that determine it a kind of non-property damage.Besides,with the difference between the moral damage and the non-property damage in Chinese law,it should be regarded as non-property damage that is different from mental damage.Furthermore,the special nature of travel contracts,the nature of time benefits and so on,clarify the necessity of wasting travel damage compensation.In addition,the author has selectively borrowed from theories of "commercialization of holidays" in German and "Tourist time-wasting compensation claims" in Taiwan,and based on the status of Chinese laws,and she believes that it is the best way by extensive explaining the article 70 of "law of travel" and making it include non-property damages,and then using the relief means of non-property damages for breach of contract to provide relief to wasteful damage for travel time.With regard to the application of the time-wasting damage compensation in travel contracts,according to the basic principles of the contract law and the uniqueness of the tourism law,it can be roughly divided into the time-wasting damage by travel agencies not fulfilling their contractual obligations contract and the time-wasting damage by travel agencies defective performance of contractual obligations.As for the specific compensation issues of the time-wasting damages in tourism contracts,the author suggests it should be comprehensibly measured on the basis of the principles of discretion,predictability,and compensation considering that the development of tourism in China is unbalanced,the number of small and medium-sized travel agencies is large and the operational risk is high.