Abstract
The purpose of the article is to clarify the legal nature, grounds, realization mechanism and consequences of waiver of the contract on the provision of tourist services. The research was conducted using such methods of scientific knowledge as dialectical, comparative, formal-legal, logical-legal. Based on the analysis of doctrinal approaches and regulations, it is established that the refusal of the agreement on the provision of tourist services is a measure of operational influence and a means of protecting the civil interest. The grounds for unilateral waiver of the contract differentiated into unconditional and those that are a consequence of violation of its terms. At the same time, it is stated that this subjective right is exercised in out-of-court procedure by sending a written (electronic) notice to the counterparty. In the context of the COVID-19 pandemic, it is proposed to give tourists the opportunity to choose between postponing the trip to another term and exercising withdrawal from the agreement. Particular attention is paid to the general and special consequences of lawful refusal. Based on the study, the authors made generalizations and conclusions about the state and prospects of improving the mechanism for exercising the right to unilateral waiver of the contract on the provision of tourist services.
Highlights
IntroductionAs a generator of economic growth of the state, is an important part of modern people life
Tourism, as a generator of economic growth of the state, is an important part of modern people life
The purpose of the article is to clarify the legal nature, grounds, realization mechanism and consequences of unilateral refusal of contractual obligations that mediate the provision of tourist services, identify shortcomings in the legal regulation of this institution and make suggestions for their elimination
Summary
As a generator of economic growth of the state, is an important part of modern people life. The key legal mean of achieving the main goal of tourism, which is to provide tourists with quality tourist services, is a civil agreement. The purpose of the article is to clarify the legal nature, grounds, realization mechanism and consequences of unilateral refusal of contractual obligations that mediate the provision of tourist services, identify shortcomings in the legal regulation of this institution and make suggestions for their elimination. When concluding an agreement on the provision of tourist services, it is impossible to predict all possible scenarios. In order to normalize such situations and prevent negative consequences for the contractors of the contractual obligation, the institution of waiver of the contract is enshrined in law
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