How to compensate for the mental damage caused by the breach of travel contract

Legal analysis: compensation for breach of contract has no mental damage. The travel agency fails to provide services in accordance with the contract, extending shopping time, shortening tour time, increasing or decreasing service items, etc. Without authorization, these are violations of the contract. The travel agency shall compensate the tourists according to the contract or the losses suffered by the tourists, but it does not involve compensation for mental damage. It has always been difficult for tourists to accept that tourism itself includes two parts: material enjoyment and spiritual enjoyment. Because the contract law pays attention to the compensatory principle of compensation, as long as the travel agency breaches the contract and handles material compensation, it should also compensate the tourists for the loss of spiritual enjoyment. Therefore, it is natural for tourists to ask the travel agency for compensation for mental damage, and the demands of tourists seem reasonable. There is no legal basis for Mr. Hu to claim compensation for mental damage just because he missed the scenic spots.

Legal basis: Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts shall determine the amount of compensation for mental damage according to the following factors:

(a) the degree of fault of the infringer, except as otherwise provided by law;

(2) The means, occasions and behaviors of infringement;

(3) Consequences caused by the infringement;

(4) profits of the infringer;

(five) the economic ability of the infringer to bear the responsibility;

(six) the average living standard of the court.

Where there are clear provisions in laws and administrative regulations on disability compensation and death compensation, the provisions of laws and administrative regulations shall apply.