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The Research of Travel Agencies’ Liabilities in Travel Contract

Author: MaCan
Tutor: FuRong
School: Shanghai Jiaotong University
Course: Legal
Keywords: Travel Contract Travel agency liability Compensation for moral damage
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 167
Quote: 0
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Abstract


According to the travel contract to tourists , travel agents, to provide a comprehensive package including accommodation, catering , entertainment , transportation and other travel services . Thus, the performance of the travel contract , in addition to the travel agency liable for breach of its own reasons , but also due to the third person - hotels , restaurants , transport sector , the damage caused by tourists interests and responsibility . At present , China's tourism contract are unknown contract . Once the dispute between the main the General Provisions processing according to the general principles of the Civil Code and contract law , but the travel contract has strong particularity to apply law has obviously not enough to solve all the problems . In this paper, from the following three aspects of the travel agency liability tourism contractual relationship analysis . The first part of the travel agency in the tourism contractual relationship responsibility Overview . From the the travel contract basic connotation start , the analysis of the relationship of the travel contract travel agency liability concepts and classifications . The second part is the travel agency in the tourism contractual relationship the breach and Liability Principle . Judicial practice in the case , specific analysis of the travel agency travel agency liability arising from the breach of obligations due to their own reasons and due to travel auxiliary service by reason . Extraterritorial laws , Liability under the principle of a concrete analysis of travel agencies , according to the breach of the obligation to take the principle of attribution . Exclusion of liability and limitations is a brief analysis of the statutory exemptions and conventions Disclaimer applicable special conditions in the tourism contractual relationship . The third part of the commitment of the travel agency liability tourism contractual relationship . According to the travel contract characteristics , combined with the case studies in judicial practice the travel agency accountability , in particular the spirit by way of damages is the travel contract accountability is different from any other type of contract responsibility the way the special features .

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