Research On Time-wasting Damage Compensation Of Travel Contract

With the rapid growth of social economy,more and more people would like to spend more money and time on tourism activity under updating holiday system,which makes the booming development of tourism industry.Inevitably,along with the prosperity of tourism,various tourism disputes come out.One of these disputes is tourist's time-wasting damage which causes by breach of tourism contract.People are concerning about whether can get the compensation from tourism operators than ever before.However,tourist rarely gets relative compensation in practical judicial decision because of lacking specific law of time-wasting damage in legislative.Therefore,this paper focuses on the compensation problem of time-wasting damage in breach of tourism contract.By analyzing the case of Mr.Shen lodging a complaint against the CTS,the author raises the question of tourist's time-wasting damage by breach of tourism contract;in the second part,through teasing the relevant law of our country,it finds out the shortage of national legislation on time-wasting compensation;and in the third part of this paper,it analyzes the legislation and practical cases of time-wasting damage compensation in Germany,Italy and Taiwan to point out establishing the system very necessarily and rationally.Meanwhile,it discusses the fact of time-wasting damage,the legal nature of time-wasting damage,the conditions of the right to claim time-wasting damage compensation,and the compensation methods and amount.At the end,the author puts forward three advices from well-establishing legislation,administrative supervision,self-discipline management of tourism enterprises to protect the time interests of tourist.