Research On The Protection Of Passengers' Rights From The Perspective Of Cruise Carriers' Legal Liabilities

At present,China's cruise tourism industry is booming with the good prospect,and more and more people choose this travel way.However,there are many problems and hidden risks in China's cruise tourism industry,like unclear legal relationship and outdate legislation.Various travel routes and diversified travel programs cannot guarantee the prospect of cruise tourism industry.What is more important is how to protect passengers' rights and benefits if they are unfairly treated,receive poor service and even get injured or be dead during the cruise tour.Only solving these problems can more people prefer this new way of traveling.To better safeguard the interests of the passengers,it should start from the cruise carrier,because cruise carriers provide transportation services and tourism services that are close to travel quality.Compared with travel agencies,cruise carriers have a closer relationship with passengers' rights.Thus the purpose of this thesis is to how to protect passengers' rights based on the perspective of cruise carriers' legal liabilities.The thesis is divided to four parts,and the third and fourth parts are the main contents.The first part of this thesis is to introduce basic situations of the cruise tourism.The second part is mainly about relationship analysis under the different ticket sale models,and focused on the relationship analysis under exclusive sales contracts of cruise tickets.After comparing different views,my opinion is even under commission or exclusive sales contracts which are popular in China,there is a direct contractual relationship between passengers and cruise the carriers that can make cruise carriers be held responsible for tort liability and breach of contract.The third analysis,based on the second part of my view,expounds the traditional and special obligations of cruise carriers in providing transportation services and tourism services,analyzes the responsibilities that cruise carriers shall bear under Chinese current legal system,and compares theatrical obligations and practical responsibilities to sum up the dilemmas that passengers face if they want to protect their own rights.The dilemmas mainly contain two aspects:from the angle of transportation,passengers cannot get enough compensation when their rights are infringed especially they get badly injured or be dead and they will take more travel risks so that they cannot protect themselves well;from the angle of tourism services,direct contractual relationship between passengers and cruise carriers are difficult to confirm,the compensation for mental damage due to breach of contract has no law to support and passengers' burden of proof is much heavy.So,in the last part,aiming at the difficulties,from two aspects of transportation and tourism respectively,the relevant strategies are proposed:on transportation responsibility,to strengthen the carrier imputation and liability limit,set up a compulsory insurance system,and build up the carriers safety legislation;on tourism service responsibility,to develop cruise travel contracts between passengers and carriers,put the compensation for mental damage due to breach of contract to carriers' legal responsibilities,finally improve carriers' imputation and burden of proof under the tort liability.