A Study On The Civil Liability Of Cruise Liners Under Conditions Of Exclusive Sailing Of Steamerticket

China restricts foreign cruise companies to operate domestic passenger outbound business,so China’s cruise tourism mainly adopts the mode of cruise ticket underwriting contract.In this mode,the travel agency and the passenger sign the travel service contract,for the maritime tourism part of the travel service contract,the travel agency and the cruise company conclude the contract of underwriting the ticket,and agree on the rights and obligations of both parties.The cruise company is responsible for maritime cruise travel.Maritime navigation and sightseeing is the destination of cruise tourism,which leads to a complex legal relationship between travel agencies,cruise companies and passengers.Legal relationship should be one of the most important issues in the study of cruise tourism legal theory,which directly affects the rights and obligations between the parties and the responsibility of disputes.In particular,the charter mode makes the legal relationship of cruise tourism in China more complex and involves more basic contracts.Therefore,the emphasis of studying the civil liability of cruise companies in cruise transportation is to determine the basic contractual relationship and the legal status of cruise companies.The article is divided into five chapters.The first chapter points out the practical problems and theoretical disputes arising from the civil liability of cruise companies in practice,as for the real difficulties,such as the uncertain legal status,the uncertain nature of liability,the right of course alteration in the course alteration dispute and the force majeure to be clarified,the realistic predicament has caused the dispute of "monism" and "dualism" of the legal relationship among the three parties,and then the dispute of carrier identification.The second chapter qualitatively analyzes the legal status of cruise lines on the basis of the theoretical disputes in the previous chapter.This paper analyzes the independence of the contract of carriage of passengers by sea on the premise that the contract of carriage of passengers by sea is not inclusive.The conclusion is that the cruise line is the carrier of the cruise ship.The third chapter analyzes the specific liability of the cruise company under the legal relationship of the cruise ship transportation from the nature of the liability,the liability of the cruise company under the different legal status from two aspects of infringement and breach of contract,clear that the Cruise Company shall bear the carrier’s liability according to the contract of carriage of passengers by sea,with the focus on the analysis of the cruise company’s Tort Liability in violation of the carrier’s obligation of safety and security,and the analysis of the compensation for mental damage under the concurrence of liability,clear in the contract of carriage will lead to mental damage to passengers at the same time.The Fourth Chapter analyzes the limitation and exemption of cruise companies,focusing on the validity of the standard clauses which are composed of the agreed exemption subject in the ticket clauses,and whether Marine accident cruise companies need to distinguish between navigational accidents and non-navigational accidents so as to apply the system of limitation of liability.Chapter Five in the previous chapters on the basis of improving the cruise company’s responsibility system.First,strengthen the private law function of ship ticket,change the mode of ship ticket sale to realize the carrier status of the cruise company.Taking maritime law as the main law to settle disputes,however,in the process of gradually bringing cruise tourism into the regulation scope of maritime law,there will inevitably be conflicts between the two laws in respect of tourism liability,therefore,it is necessary to make clear the priority level of the Maritime Code and solve the conflict by using the advanced experience of foreign countries for reference.Finally,by constructing the carrier’s security obligation,which is based on the seaworthiness obligation,we can regulate the cruise companies’ liability for tort which is not caused by the pure navigation accident.The article deals with two main problems.Firstly,the relationship between cruise lines and passengers in the contract of carriage of passengers by sea and the legal status of cruise lines as carriers are clarified.Second,through some foreign countries’ mature cruise legislation model and management model,combined with the Development Direction of China’s cruise,clear the cruise tourism in the legislative model and management model of choice.