A Study On The Liability Of Personal Injury And Death Of Cruise Passengers In The Mode Of Chartered Cruise Ship

Cruise tourism has developed rapidly in China in recent years and has become one of the fastest growing areas in China's leisure industry.However,China's legal system of cruise tourism is not perfect and has made it difficult for passengers to solve responsibility problem properly after personal injury and death happened,and in fact hinders the development of cruise tourism industry.The purpose of this paper is to clarify multiple problem of liability of passenger's personal injury and death in the mode of chartered cruise ship,and put forward the suggestions for the liability system of personal injury and death of cruise passengers in China.The responsibility of personal injury and death of passengers under different cruise tourism modes is also different.There are two modes of cruise tourism modes,which are the mode of cruise company sells ticket direct to the passengers and the mode of chartered cruise ship.Since there are restrictions on foreign-invested travel agencies operating foreign-related tourism in China's Travel Agency Regulations,China's Cruise tourism mainly adopts the mode of chartered cruise ship,which also complicates the relationship between passengers,cruise companies and travel agencies.In addition,due to the specific characteristics of cruise tourism,the personal injury and death of passengers in cruise tourism is significantly different from that of ordinary passengers in the sea,and also different from the personal injury and death of ordinary tourists in the Tourism Law.What's more,The problem also involves the concurrence of liabilities,which also leads to the particularity of the liability of personal injury and death of cruise passengers.In this regard,this paper divides the problem of liability of personal injury and death of passengers into four parts:doctrine of liability fixation,responsibility of travel onshore,the limitation of liability and responsibility in special circumstances,then puts forward some suggestions to solve the problem of liability of personal injury and death in cruises.This study is divided into six chapters.The first chapter summarizes the problem of responsibility of personal injury and death of passengers,including the business model of cruise tourism and the relationship between the three subjects,the specific characteristics of liability of the personal injury and death of passengers in cruise tourism under the mode of chartered cruise ship,and current situation of legislation of the liability of personal injury and death in cruise tourism in China and American.The second chapter analyzes the doctrine of liability fixation of personal injury and death of passengers in cruise tourism in different cause of action,including prosecution on the grounds of infringement,prosecute for breach of the agreement of the travel service contract and prosecution for breach of contract of carriage of passengers by sea.The third chapter mainly introduces the responsibility of period of travel onshore,including the nature of period of travel onshore,the mode of travel onshore and analyzation of free activities.The forth chapter analyzes three problems existing in the limitation of liability of personal injury and death in cruises,including the problem of the application of the limitation of liability,the quota that carrier can enjoy and the legal effect of special agreement on liability limitation in cruise tourism contract.The fifth chapter introduces the problem of liability of personal injury and death in cruises in several different situations,including the problem of cruise ship doctors,the liability of personal injury and death of passengers caused by non-navigational accidents on cruise ships,the problem of performance assistant and the liability of personal injury and death of passengers caused by staff on cruise ships.Finally,based on the analysis of above several chapters,in Chapter 6 the author proposes that China should construct a mandatory liability insurance system for personal injury and death of passengers in cruise tourism and propose amendments to the chapter of contracts of carriage of passengers by sea in China's Maritime Law to adapt to the development of cruise tourism of China.