A Study On The Legal Regulation Of Cruise Tourism Under The Mode Of Exclusive Sales

Because our country administrative regulations on transportation business and tourism business restrictions,causing our country emerged a large number of special cruise travel mode-cruise tourism under the mode of exclusive sales,the particularity of cruise tourism under the mode of exclusive sales is mainly manifested in two aspects,firstly,affairs mode as a unique cruise travel in the our country business model,its package as the basic form;secondly,the cruise tourism under the charter mode involves the travel agency as a civil subject between passengers and cruise companies,which leading to the emergence of tripartite legal relationship.However,the academic circle has disputes on the qualitative nature of the tripartite legal relationship,and it is difficult to reach a conclusion.The most critical problem is that the legal regulation of "cruise tourism" in China is difficult to have a breakthrough,and the ideas for the application and adoption of laws concerning cruise tourism disputes in judicial practice are mostly as follows: for cruise tourism disputes involving maritime transport and including "maritime factors",the Maritime Law shall be applied,while for cruise tourism disputes involving tourism activities and including "onshore factors",the Tourism Law shall be applied.There are many difficulties in the legal regulation of cruise tourism on the whole.The thesis is divided into five chapters.Chapter one,the author makes a legal analysis of the cruise tourism under the mode of exclusive sales.First of all,author expounds the special cruise travel mode-cruise tourism under the mode of exclusive sales;Secondly,author clarifies the legal regulatory dilemma of the cruise tourism:lacking of special legislation,disputing in civil legal relations,and difficulties in protecting the rights and interests of passengers.Chapter two is a theoretical analysis of the legal regulation of cruise travel contract under the exclusive sales mode.The function of travel agencies is still to provide intermediary services for passengers and conclude cruise service contracts with passengers."Boarding certificate" has the function of ticket,which can prove the existence of maritime passenger transport contract under cruise tourism,and the two parties of the contract are the cruise company and the passenger.There is cruise ship ticket underwrite contract between cruise ship company and travel agency.On the basis of clarifying the specific civil legal relations existing in the exclusive mode of cruise tourism,we know that there is not only a cruise tourism contract with the nature of mixed contract under the exclusive mode of cruise tourism,in other words,the exclusive mode of cruise tourism contract should not adopt the "contract monism theory",but should adopt the "contract dualism theory".Chapter there,discussing how to solve the problem of protecting the rights and interests of passengers in cruise tourism under the mode of exclusive sales.According to the different providers of services enjoyed by passengers,we can analyze the responsibility party of passengers’ rights and interests infringed.This part discusses the liability of cruise companies for maritime passenger transport service from the aspects of liability period and limited compensation.This part discusses the responsibility of the cruise company as the auxiliary party.This part discusses the responsibility of cruise companies for cruise entertainment and leisure service providers.The responsibility of cruise companies and travel agencies for shore sightseeing tourism service is been discussed.Finally,in the aspect of procedure,it proposes to construct multiple mechanisms for resolving cruise tourism disputes.Chapter four,firstly,author summarizes the different opinions of scholars on the legal nature of cruise ship ticket underwriting contract,and compares the substantial differences between the cruise liner ticket underwriting contract and the corresponding contract from the academic perspective,and puts forward the view that the cruise liner ticket underwriting contract has the legal characteristics of altruism in nature.Secondly,author discusses the norms which be needed to regulate the cruise ship ticket saling contract,including advocative norms,authorization norms and mandatory normsChapter five,author discuss the standardization of cruise tourism service contract.In the establishment of cruise tourism service contract specification,we should regard cruise tourism as a kind of package tourism,perfect the legislation of cruise tourism from the perspective of package tourism,and also learn from the legislative model and experience of "Shanghai Cruise Tourism Operation Specification".In terms of perfecting specific laws,author analyzes the special maritime passenger transport and cruise travel service in the cruise travel service contract,and puts forward corresponding suggestions.