關於旅遊契約，我國民法原未設有特別規定，此次修正民法債編，於第二章各種之債中增訂第八節之一「旅遊」（民法第五一四條之一至第五一四條之十二）。本文旨在依民法有關旅遊之規定，以及發展觀光條例與旅行業管理規則，就旅遊營業人及旅遊契約之意義；旅遊契約之成立、性質及特性；旅遊營業人之權利義務，如提供旅遊服務、變更旅遊內內、對旅客之協助及處理義務、瑕疵擔保責任、時間浪費之損害賠償責任是；旅客之權利義務，如旅遊給付之受領、協力義務、支付旅遊費用、變更權是；旅遊之消滅等問題，參考相關學說判例及立法例，加以分析檢討並闡釋其疑義。

　　　　　Before the recent revision of code of "Obligation" in Civil Law, there was no specific regulations related to "Travel & Tour" Contract, therefore, the sub-chapter 8-1 "Travel & Tour" (composing Article 514-1 to 514-12) is according added in "kinds of obligation" of the second chapter of Civil Law. The theme of this article is written based on the new provisions in sub-chapter 8-1 "Travel & Tour" with the related provisions in Tourism Development Act and the management regulations issued by the Authority. Concededly, reference in this article are also including the relative academic theories, court precedents and foreign legislations. The purpose of this article is try to analyze, review and clarify the issues as follow: the definition of travel and tour agency and the meaning of travel and tour contracts; the formation, nature and character of travel and tour contracts; the rights and obligations of travel agency such as providing travel and tour service, change the contents of travel and tour, duty to assist tourists in related matters, implied warranty of fitness for ordinary purpose, damage for waste of time due to the fault of the travel & tour agency, etc.; the rights and obligations of tourists, such as receiving the travel and tour service under the contract, the duty to cooperate, payment of travel expenses, rights of replacements, etc.; as well as discharge of travel & tour contract.