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Tourism Issues of termination of the contract

Author: WuNa
Tutor: LiuJingWei
School: China University of Political Science
Course: Legal
Keywords: Travel Contract Force majeure Purpose of the contract Warranty obligations
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 124
Quote: 1
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Abstract

In China, travel contracts are nameless contract. Judicial practice, on the travel contract disputes referee , multi- specific nature of the travel contract avoided in favor of the General Provisions of the applicable contract law to resolve disputes between the parties . Termination of the contract for the tourism issues , and more applicable in practice the \However, due to the particularity of the travel contract , how to accurately apply the \In this paper, on the \termination of the contract regime. Besides the introduction and conclusion, the text of this paper is divided into three parts , the main contents are as follows : The first chapter is the Contract Law Article 94 first subparagraph of force majeure recognized standard analysis . This part of the judicial cases and through a combination of theoretical knowledge of contract law , analysis of tourism performance of the contract under different circumstances of force majeure recognized standards, proposing should be combined with the characteristics of the travel contract and force majeure constituent elements to be identified perspective. The second chapter is Article 94 of the Contract Law purpose of the contract and the purpose of the contract is not up to that standard analysis . This part of the purpose of the contract binding judicial decisions and theoretical discussion of the purpose of the travel contract contract criteria proposed by differentiating the type of contract , the contract motive and purpose of the initial purpose and subsequent identification methods such as different contractual purposes. The purpose of the contract is not up to the judge asked to take an objective standard of reasonableness , the distinction between primary objective criteria to identify secondary purpose other point of view. The third chapter is a tour operator violates warranty obligations resulting in termination of the contract analysis of the problem . First proposed tour operators for package tour contract liable for the guaranty , while the agency does not assume the responsibility of the travel contract ; Secondly, the package tour contract warranty liability shall be divided into tourist assisted human causes blemishes and third payments defects caused by the infringement of people pay that when people are at fault causing tourism auxiliary purpose of the contract is not reached when the tourists may terminate the contract , for the benefit constituted infringement of third flaw is the tour operator is required at fault and the purpose of the contract is not up causing when tourists to terminate the contract .

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