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随着经济的发展和生活水平的不断提高,外出旅游已成为一个新的消费热点。旅游合同作为明确旅游者在旅游活动中权利义务的重要依据更是备受关注。但由于目前立法滞后、立法层次过低,使得在实践中损害旅游者合法权益现象仍时有发生,旅游纠纷频繁出现。本文旨在本着民法平等、公平的原则,对旅游合同中当事人的权利和义务及其法律责任加以初步探讨,借以说明我国制定一部统一的旅游法的必要性和紧迫性。
With the economic development and continuous improvement of living standards, traveling abroad has become a new consumer hotspot. Tourism contracts as a clear basis for the rights and obligations of tourists in tourism activities is an important basis for more attention. However, due to the current legislation is lagging behind, the legislative level is too low, so in practice the phenomenon of damaging the legitimate rights and interests of tourists still occur, frequent tourism disputes. The purpose of this paper is to discuss the rights and obligations of parties involved in tourism contracts and their legal responsibilities based on the principle of equality and fairness in civil law so as to illustrate the necessity and urgency of establishing a unified tourism law in our country.