Modification And Resolution Of The Contract Of Trip Combined: Cancellation Of The Trip By The Organizer And Right Of Withdrawal Of The Tourist

Abstract

The present study aims to consider in parallel the different legal consequences, rights and obligations of the involved subjects in a contract of travel combined in the case of modification, cancellation and withdrawal of the contract. On the one hand, the modification or cancellation by the Organizer will allow analysis of avoidance of the contract at the request of the consumer, who does not accept the significant modification of some essential element of the contract the organizer has been forced to introduce. Be on the other hand, when it is the consumer who decides that the trip not be effect or as the law says "nullifies the services requested or contracted" we taken the existence of a "right of withdrawal" and its consequences. Ultimately, the possibility of cancellation by the organizer and the consequent rights of refund or completion of another trip and the right to compensation for breach of contract will be weighed with the reflection on the existence of a real right of withdrawal of the tourist to subject certain penalties is obliged to justify its decision. The doctrine will be used to achieve this goal, and recent within the regime of safeguards jurisprudence for the tourist and the consumer is regulated in specific legislation.