여행 개시 전 계약 해제에 따른 손해배상

In accordance with Article 674-3 of the Civil Law, a travel contract may be canceled before a traveler starts traveling for no special reason. In this case, it stipulates that the travel agency will receive compensation for damages, but the details are not specified. However, the standard model form were enacted before the travel contract was stipulated in the Civil Law. And it stipulates that damage compensation is made in accordance with Consumer Dispute Resolution Standard, but separately stipulates cases where damage compensation can be lifted without compensation. In addition, in the case of disputes that can be resolved without compensation for damages, the Korea Consumer Agency recommends that travelers compensate the travel organizer for the actual expenses incurred. This problem can be solved by interpreting the compensation for damages caused by the cancellation of the contract before the start of the trip as reliance damages. Reliance interest is to restore the state that it would have been if it had not trusted the validity of the contract, and the content is expenditure and lost opportunity. In the case of a travel contract that can be canceled without any special reason, expectation damage is an excessive burden on travelers. Reliance damage of travel contract is to compensate for damages caused by trusting the contract in order to make it the same as there was no travel contract. Therefore, in the case of compensation for reliance damages, damages incurred between the contracting parties may be reasonably allocated without any special reason. Therefore, if a traveler cancels a contract before departure, it is necessary to compensate the travel organizer for expenditure, and reflect these contents in the standard model form. And although it is not stipulated in our civil law, it is necessary to stipulate that travel organizers can cancel the contract before departure of the trip.