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Research on the Discharge of the Organized Travel Contract

Author: MaXiaoZuo
Tutor: MengQingZuo
School: Hebei University
Course: Civil and Commercial Law
Keywords: organized travel contract discharge of contract liabilities of blemish vouching non-pecuniary loss compensation
CLC: D923.6
Type: Master's thesis
Year: 2007
Downloads: 44
Quote: 1
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Abstract


Travel has become one of the important ways for people to release from the press in job and relax in spirit. As more and more people join in every year. The tourism industry has become one side of our economic development. However, getting used to the fast-developing tourism industry, the legislative practice and legal research for the travel contract especially the organized travel contract got behind a lot. Because of the lack of travel rules, the management and controlling to travel agency and traveler is not normative, leading to more travel troubles. These are badly affects the tourism industry’s development.The study in this article mainly included some basic problems of the organized travel contract, the discharge of contract, the liabilities for discharge of contract and the necessary of establishing non-pecuniary loss compensation.The organized travel contract is the contract that the travelers pay required money and the travel agency offers travel service. The parties are travelers and travel agency, and the main providers are the travel agency’s performance aids. We should establish famous travel contract, this is good for restricting the parties’ behaviors.The organized travel contract’s discharge applies the contract law. Its special discharge includes two parts:(1) The travelers can discharge the contract freely. When the travel agency doesn’t provide service totally and don’t having enough travelers, the traveler also can discharge the contract. (2)When the traveler doesn’t perform the main obligation, the travel agency can discharge the contract.After the discharge, the party who has fault should compensates the other. We have no provision for the non-pecuniary loss. However, because the traveler’s aim is to gain spirit interest, If the travel agency discharges the contract for fault, he must damages the traveler’s spirit interest. So the travel agency should compensate it.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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