A Study On The Division Of Liability For The Compensation Of Cruise Passengers' Personal Injury And Death

Disputes on cruise passenger's personal injury accidents have occurred frequently in trial practice.Due to different models of ticket sale,different reasons for passenger' s personal injury and the lack of special cruise legislation,the legal relationship between the cruise passenger,the cruise company and the travel agency becomes complicated.Therefore,when the cruise passenger suffers personal injury,it is difficult to divide the responsibilities among the liable parties.This has also become a hot and difficult point in the disputes of cruise passenger's personal injury in China.Therefore,the significance of this article is to analyze the legal basis,standards and differences of the division of responsibilities between the cruise company and the travel agency in accordance with China's current Maritime Law,Tourism Law and other judicial interpretations.Besides,this article also hopes to solve the problems in the division of responsibilities of the cruise company and the travel agency under the judicial practice of cruise.The first chapter clearly points out the dilemma of the division of liability for cruise passenger's personal injury and death,including numerous related subjects,legal relationships between the liable parties is complicated,and the lack of special cruise legislation.At the same time,under the Maritime Law and Tourism Law in China,this article analyzes the legal status of the cruise company and the travel agency when they are liable parties,and finally concludes that the cruise company is the carrier,not the travel agency.The second chapter analyzes the division of responsibilities of the cruise company and the travel agency from different business models of cruise.The business models of cruise are mainly shown as different models of.ticket sale.Among them,in the consignment mode of ticket sale,this article analyzes the legal relationship among the cruise passenger,the cruise company,the travel agency,and the ticket consignment dealer.Then,this article concludes that the cruise company is not the travel agency's performance assistant,and that the travel agency and the cruise passenger do not have the legal relationship of passenger transportation by sea,and also concludes that there is no direct contractual relationship between the cruise company and the travel agency.Therefore,as far as the liability for cruise passenger's personal injury is concerned,there is no conflict of responsibilities between the cruise company and the travel agency,and it is sufficient to assume responsibility based on their own faults.However,in the underwriting mode of ticket sale,this article denies the actual carrier-carrier legal relationship between the cruise company and the travel agency,and clarifies that the cruise company should have the legal status of carrier and performance assistant by analyzing the legal relationship disputes among the travel agency,the cruise passenger,and the cruise company.For the cruise passenger's personal injury suffered in the sea transportation,the cruise company shall bear the main responsibility,and the travel agency shall bear the supplementary responsibility.The third chapter mainly studies the division of responsibilities of the cruise company and the travel agency from different causes of cruise passenger's personal injury and death.Firstly,in the cdse of transportation accident,this.article believes that both the cruise company and the travel agency should bear the joint security obligation.In order to give the cruise passenger a better relief,this article also puts forward a view that the cruise company and the travel agency should bear the joint responsibility in marine transportation accidents.Secondly,since neither marine tourism accidents nor land-based tourism accidents face the special risks at sea,the legal basis for the division of responsibility should be the general law rather than the Maritime Law,and the standard for the division of responsibility is the fault of liable subjects.Thirdly,in the case of personal injury caused by cruise passenger's diseases,this article analyzes a case and concludes that both the cruise company and the travel agency should bear the obligations of rescue and safe-guard for the cruise passenger,of which the standard of obligations of cruise company must be higher than that of the travel agency.Then,this article concludes that the standard of the division of responsibility of the two subjects is the fault and the degree of fault of the security guarantee obligation or the rescue obligation.The fourth chapter is the division of liability for cruise passengers' personal injury during the period of land-based sightseeing.The responsibilities during the period of land-based sightseeing have the following special characteristics.The first is that this period may apply different countries' law.The second is that this period should not apply the Chinese Maritime Law.The third is that there is an exemption clause for the cruise company.Therefore,this article analyzes the specific impacts of the three characteristics on the division of responsibility between the cruise company and the travel agency,and draws the following three conclusions.Firstly,the exemption clause should be invalid.Secondly,under the US law,the travel agency,as an independent contractor,should bear the sole responsibility,and the cruise company need not bear any responsibility for the travel agency' s fault.Thirdly,in Chinese laws,the travel agency should bear the primary liability,and the cruise company should bear the secondary liability.