Application Of Carrier’s Limitation Of Liability To Personal Injuries And Deaths Of Cruise Passengers

With the vigorous development of cruise tourism in our country,the protection of the rights and interests of cruise passengers has become more and more important.However,in contrast,our country’s related legal system is not yet perfect,and there are still many problems in protecting the rights and interests of passengers.There are still imperfections regarding what kind of responsibilities the cruise company and travel agency should bear after the personal injury of cruise passengers,and whether the provisions of the carrier’s liability limitation can be applied.On the basis of clarifying the legal relationship of cruise travel under different business models,this article mainly studied the specific application of the limitation of the carrier’s liability to the personal injuries and deaths of cruise passengers.The first chapter analysed the particularity of the personal injuries and deaths of cruise passengers,and clarifies the significance of the research.It explained the legal relationship between the ticket agent sales model and the travel agency underwriting model respectively,and clarified the nature of the cruise travel contract.It is pointed out that there are three issues in the application of the limitation of the liability of the carrier to the personal injury and death of cruise passengers: The relevant legal provisions are unclear;The subjects of the limitation of liability under different sales models are different;The opinion of application of the limitation of the carrier’s liability are still in dispute.The second chapter clarified the subject of the limitation of the carrier’s liability under different ticket sales models by identifying the carriers under different ticket sales models,and explained that the cruise company can have the status of both the carrier,the actual carrier and the status of the auxiliary carrier.In this case,the cruise company can apply the carrier’s liability limitation.Chapter Three analysed the carrier’s liability period,the principle of liability and the basis of applicable liability in the personal injury or death of cruise passengers,and stated that the period of shore travel service does not belong to the carrier’s liability period,and the carrier’s liability limitation should not be applied.The personal injury of passengers caused by navigation accidents may be subject to the carrier’s limitation of liability,and the personal injury of passengers caused by non-navigation accidents should not completely exclude the application of the carrier’s limitation of liability.Finally,it analysed that cruise companies and travel agencies can be responsible for the outbreak of infectious diseases on cruise ships,and further analysed that passengers infected with infectious diseases on cruise ships can be regarded as personal damage to passengers caused by ship defects,so the carrier’s liability limitation can be applied,but When an outbreak of an infectious disease on a cruise ship is determined to be force majeure,the cruise company and travel agency can be exempted from liability,and the carrier’s liability limitation does not apply at this time.