| With the development of international marine transportation and tourism,taking a luxury cruise trip around the world becomes more and more attractive.In China,interest in cruise trip is deeply rising and such condition pushes the growth of the whole industry.However,it also brings all kinds of disputes at the same time.The root of disputes is about stagnation of cruise trip legal policy,which makes the disordered civil legal relationship.To a certain extent,unclear legal status blocks the solution of disputes and it is bad for development of cruise industry.Thus,it is essential to make a discussion on civil legal relationship between cruise trip clients,especially on contract law relationship.Such discussion is beneficial to define status of each party and to divide rights and responsibilities of each party.This passage is totally divided into four parts.The first section introduces the operation pattern of Chinese cruise trip.At first,cruise,cruise trip and Chinese special cruise tickets sales pattern are briefly introduced.Passage lists existing problems of current cruise operation mode and foreshadows the analysis of contract legal relationship which involved in cruise trip in the following part.In the second section,the passage theoretically analyzes contract legal relationship involved in single ticket sales pattern.Firstly,the passage defines cruise trip parties and differentiates and analyzes easily-confused concepts.Then it analyzes contract between travel agency and cruise lines and comes to the conclusion that commission(agency)contract exists in these two parts.Thirdly,the passage analyzes contract between travel agency and travelers and makes the conclusion that commission(agency)contract also exists in these two parts.Finally,contract between cruise line and travelers is analyzed.Such contract exist dual features of transportation and travelling and is defined as type-combined contract in mixed contract.In the third section,passage makes theoretical analysis on contract legal relationship involved in packaged tour sales pattern.Firstly,the passage discusses contract legal relationship between travel agency and cruise lines in different opinions.Then it comes to a conclusion that in these two parts,service contract legal relations similar to the nature of voyage charter exist.Secondly,it defines contract legal relations between travel agency and travelers as travelling service contract legal relationship.At the same time,in order to have limitation of liability,travel agency should own carrier identity.In the end,the passage analyzes the contract legal relationship between cruise line and travelers and defines that direct contract legal relation does not exist between two parts.However,cruise lines can directly assume legal liabilities for travelers in the role of performance assistant and actual carrier.In the fourth section,the passage discusses proper laws for Chinese cruise trip disputes.It introduces the evidence of legal disputes among three parties and current law and regulations.The passage puts up the opinion that cruise trip contract legal relations should be built in the maritime law system and related proposal for legislation.This dissertation makes discussion on contract legal relationship features among three parts in Chinese cruise trip and confirm the disputes legal responsibilities of service providers in cruise trip.Then it offers suggestions on Chinese related legislation,so as to be helpful for development of cruise trip in our country. |
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