旅游服务损害赔偿责任相关法律问题思考

Thoughts about the Legal Study on the Liability for Damage by Travel Services

旅游给人们带来精神生活享受的同时也带来了诸多问题 ,其中旅行社违约给旅游者造成损害的问题尤为突出。针对此问题 ,文章首先分析了旅游合同的性质 ,在此基础上探讨了旅游损害赔偿责任承担的问题 ,同时通过对旅游本质分析和对精神损害赔偿本质及其适用范围的分析 ,指出为保护旅游者的合法权益 ,对旅行社违约造成的精神损害应予赔偿。

Tourism brings people the enjoyment in their mental lives as well as some questions, especially the question of the damage caused by tourist agent's breaching the tourist contract. To resolve the question, the property of the tourist contract is analyzed, then the question on how to bear the liability for the damage by tourist agent is studied. While analyzing the nature of tourism, the nature of the compensation for mental damage and its scope of application, the author points out that to protect the legitmate rights of the tourists,the mental demage caused by the tourist agents',breaching of the tourist contract should be compensated.