| With the rapid development of China’s economy and the continuous improvement of people’s living standards,the demand of tourism consumers has also been greatly increased.With the rapid development of the tourism market,tourism disputes caused by the tourism industry have also increased.Due to the late start of China’s tourism industry,the problem of infringing the legitimate rights and interests of tourists is still very serious.All kinds of disputes in the package tour contract involve the vital interests of tourists,which will inevitably lead to some social problems.It is very important to protect the legitimate rights and interests of consumers in package tour contracts.The research on this issue will also help to perfect our country’s tourism law theory and legal system,it is beneficial to the healthy development of tourism market and the harmony of the legal relationship of tourism.In order to realize the virtuous circle of tourism industry,it is necessary to study the legal issues of the protection of tourists’ legitimate rights and interests in the package tour contract.The package tour contract is the key to protect the tourists.To protect the legal rights and interests of tourism consumers in package tour contracts is the key to optimize the environment of tourism consumption.This paper selects the typical cases of package tour contract,through the specific analysis of the case,summed up the focus of the issue as well as package tour consumer protection problems.Taking the identification of breach of contract and fraud,the impact of standard terms on the protection of the rights and interests of tourism consumers,and the specific rules for the change and cancellation of package tour contracts as the starting point,this paper analyzes the problems such as the ambiguity of the nature of the fraudulent behavior,the unequal standard clauses,the change of the travel contract and the insufficiency of the protection of the travel consumers.The causes of these problems are that the definition of breach of contract and fraud in package tour contract is too general,the form clause is flawed,and the legal system of alteration and cancellation in tour contract is not perfect.In view of the problems existing in the protection of the rights and interests of tourism consumers in the package tour contract,this paper puts forward some feasible suggestions.One package tour contract should be named;the other should include the specific factors of breach of contract and fraud;the third should optimize the standard clauses of package tour contract;and the fourth should perfect the rules of contract modification and cancellation.In order to effectively protect the legitimate rights and interests of tourists. |
