A Study On The Legal Application Of Foreign-related Cruise Tourism Contract

In recent years,cruise tourism has shown a vigorous development trend in China.However,compared with the development momentum of overseas cruise tourism,the legal system of foreign-related cruise tourism in China is still lagging behind.Due to the complex and unclear relationship among passengers,travel agencies and cruise companies,as well as the controversial cruise ticket system,there are few discussions on the legal application of the particularity of foreign-related cruise tourism contracts in theory and practice,lacking systematicness and integrity.This thesis theoretically combs the relationship between the three parties and affirms that contract of carriage of passengers proved by the cruise ticket is exactly existed.Based on the cruise ticket clause and the effectiveness of legal choice,the legal application of the foreign-related cruise tourism contract is analyzed in detail,and suggestions for improvement are put forward in combination with the particularity of cruise tourism.In addition to the introduction and conclusion,the main body of the thesis is divided into five parts:The first chapter is an overview of foreign cruise tourism contracts.Respond to the disputes in the academic circles over the naming of cruise tourism contracts.This thesis briefly expounds the legal relationship between the three parties of foreign cruise tourism contract under the maritime law and limits the research scope of this thesis to the cruise tourism contract between passengers and cruise companies.This thesis also discusses the impact of the attributes of transportation contract and general tourism contract of foreignrelated cruise tourism contract on the legal application and demonstrates the relationship between cruise ticket and boarding certificate,so as to lay a foundation for the later analysis of the legal application with cruise ticket contract as the main line.The second chapter analyzes the effectiveness of the jurisdiction clause of cruise ticket and discusses the experience of the United States and the European Union on adjusting the jurisdiction conflict in cruise tourism,which provides reference for Chinese legislation and judicial practice.Clarify the impact of effective jurisdiction clauses on the express as well as the implied choice of law clause and further analyze it in combination with the particularity of cruise tourism.The third chapter focuses on the effectiveness of the choice of law clause from the perspective of the restriction on the will autonomy.The actual mode of underwriting ship tickets and the nature of the standard clauses of cruise ship tickets do not affect the establishment of the will autonomy.Under the foreign-related cruise tourism,the chosen law should be restricted in three aspects: objective connection with contract parties,no violation of public order and the application of relevant compulsory legal norms.The fourth chapter studies the impact of the paramount clause of cruise ticket on the legal application,discusses the relationship between the paramount clause and the choice of law clause,and determines its impact on the legal application from the perspective of incorporating the paramount clause into domestic law or convention in combination with the Athens Convention and EU regulation 392/2009.The fifth chapter focuses on the improvement of the feasible path of the legal application rules of foreign-related cruise tourism contracts.Firstly,it points out that the cruise ticket contract should be included in the adjustment scope of the maritime law,and the cruise ticket system should be clarified,so that the legal application of foreign-related cruise tourism contracts can have clear legal provisions as a direct basis.Secondly,from the perspective of excessive flexibility and flexibility,this thesis analyzes the advantages and disadvantages of the most significant relationship principle in solving the legal application of foreign cruise tourism contracts and suggests combining the characteristic performance principle with the most significant relationship principle to maximize benefits.