Research On The Limitation Of Liability System For Cruise Tourism Operators

Cruise tourism is a new tourism mode developed in China in recent years with the core of sea tourism and leisure experience.As a new thing,due to a certain lag in the development of the relevant legal system,there are certain loopholes and defects in the application of the legal system in the operation of this new tourism mode,which leads to a large difference in the results of the same situation in different cases in judicial practice.Based on the limitation of liability system of the carrier in the traditional passenger transportation field,this paper studies the rules of application of the limitation of liability of cruise operators in cases of personal injury in tourism.The first part puts forward its own view on the civil legal relationship in this new field,where the cruise line is the carrier of the maritime transportation relationship in cruise tourism.At the same time,from the existing legal provisions,it can only be recognized as a performance aid in cruise tourism.The second part outlines the provisions of international conventions and relevant domestic laws and regulations in China related to the limitation of liability in the field of air and sea passenger transportation,mainly the setting of the standard of double limit of compensation and the division of shipping accidents and non-shipping accidents.The third part mainly analyzes the choice of tort and breach of contract claims in the case of competition,the choice of tort claims can be directly applied to the relevant provisions of international conventions and domestic laws,more convenient and efficient.In the case of breach of contract,both parties to the legal relationship can agree on the amount of compensation beyond the limit of liability,which is more favorable to the injured party.Part ? discusses the special features of this system for cruise lines,suggesting that uniform provisions be made in the maritime law on the limitation of maritime liability for cruise tourism,and that different liability limits be set according to the degree of the occurrence of damage and the special risks associated with the sea.At the same time,the travel agency is given the space to apply the limitation of liability in the case that the travel agency is responsible for the cruise company first.