Open AccessGrounds and consequences of waiver of the contract on the provision of tourist services
Author(s) -
Уляна Андрусів,
Volodymyr Kossak,
Mariya Mykhayliv,
Н.В. Федіна,
Dmytro Zabzalіuk
Publication year - 2021
Publication title -
revista amazonía investiga
Language(s) - English
Resource type - Journals
ISSN - 2322-6307
DOI - 10.34069/ai/2021.45.09.6
Subject(s) - waiver , notice , business , context (archaeology) , tourism , severability , law , law and economics , actuarial science , political science , contract management , economics , exclusion clause , marketing , privity of contract , paleontology , biology
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.