Research On The Civil Legal Liabilities Of The Cruise Carriers To The Cruise Passengers

The cruise tourism is now one of the fastest-growing and the most developmentpotential industries in the world. But in fact, behind the rapid development, therealso have hugh hidden troubles. Due to the complexity of the cruise contract, therights and liabilities are not very clear, and as the legal regulation of this new waytourism, cruise carriers are more likely to involved in the dispute, while thepassengers who have been abused could not safeguard their own rights and interestsby leagl means. In the long run, this issue must be the huge obstacle to thedevelopment of the cruise tourism, which showed the great significance of the cruiselegislation. On this basis, a perfect legal regulation is particularly beneficial to therights’protection of the cruise passengers.As one of the parties under the cruise contract, the cruise carrier is also the mainundertaker to the legal liabilities of the cruise contract. In the progress of the cruisetourism, the liabilities of the cruise carrier are different due to the different stages.Combined the ways and characteristics of the cruise tourism, this paper proceed fromthe angle of the cruise carrier and divided the civil legal liabilities of the cruise carrierinto three parts, they are the cruise carrier’s liabilities under traditional contract ofcarriage of passengers by sea, the cruise carrier’s liabilities under the stage ofmaritime tourism and cruise carrier’s liabilities under the stage of land tourism.This paper is divided into five parts. The first part is the overview of the cruise legalissues. Content includes: the characteristics and the development status of the cruisetourism, the main cruise travel patterns at present, three parties and their legalrelations under the cruise tourism, the features of the cruise contract, the legalapplication of the cruise relation and the current cruise legislation both in China andoverseas.The second, the third and the fourth parts start with the three different stages of thecruise tourism and analyze the liabilities of the cruise carrier under different stages. Specifically, the second part is the cruise carrier’s liabilities under traditional contractof carriage of passengers by sea. This part has analyzed the law application of thecruise contract, and the liabilites under the traditional carriage of passengers by seafrom the duration of liability and the doctrine of lability fixation. Then, this part hasintroduced the main rights and obligations of the cruise carrier, especially on thespecial rules of the obligations in foreign legislation. The compensation of damagesof the cruise carrier are discussed at last.The third part is the cruise carrier’s liabilities under the stage of maritime tourism.Firstly, this part has clarfied the legal status of the cruise carrier and analyzed theliabilities of the cruise carrier according to its legal status in this stage. This partfocus on the dispute legal system, the independent contractors and has discussed it.The fourth part is the cruise carrier’s liabilities under the stage of land tourism. Atfirst, this part has analyzed the characteristics of the land toursim and the differenttypes of land tourist contract. This part then defines the law application in this partand analyse the liabilities and compensation for damages of the cruise carrier underthe stage of land tourism.The fifth part is the construction of the cruise carrier’s liability system in China.Based on the above analysis of the cruise carrier’s liabilities in different stages, thispart summarizes the advanced legislative experiences and analyzes the shortcomingsof foreign courtries, puts forward suggestions on the construction of the chinese cruiselegislation system, looking forward to provide theoretical basis for cruise judicialpractices in China.