The Study On The Allocation Of Liabili-ties Between Operators In The Cruise Packages Tours

This dissertation starts with the dual attributes of sea passenger transportation and tourism services of cruise tourism activities.Based on the analysis of the causes of confusion in the allocation of liabilities between operators in the cruise package tours,the dissertation rationalizes the legal relationship between consumers,cruise lines and travel agencies.By differentiating the legal relationships between consumers and the two operators according to the dual attributes,it discusses the allocation of liabilities between the two operators under the relationship of sea passenger transportation and tourism services separately.This dissertation is divided into four chapters.Chapter 1,"Causes of Confusion in the Allocation of Liability between Cruise Package Tour Operators",points out that the fundamental cause is that cruise tourism itself constitutes both a maritime passenger transportation and a tourism service and is therefore subject to the dual regulation of maritime law and tourism law,which is prone to conflicts.From the legal perspective,none of the existing laws responds to the specificity of cruise tourism activities,and there are loopholes and overlaps in legal rules on specific issues.The cruise package tour model in China’s market,as a practical reason,has exacerbated the confusion over the allocation of operator liability.The current package tour model is a market adaptation of the restrictions on foreign investment in China’s resident outbound tourism business and is specific to time and space to some extent,but also a product of the commercial considerations of cruise lines and has the potential to persist in the long term.Chapter 2,"The Legal Basis for the Allocation of Liability to Operators",firstly distinguishes the contracts between cruise lines and travel agencies for the underwriting of tickets and those for commissioning agents and voyage charters,suggesting that they are atypical contracts in which one party grants the exclusive right to sell tickets and the other party pays the consideration and bears the risk of the sale.As for the legal relationship between consumers and operators,it is pointed out that the "single cruise contract theory" is unnecessarily breaking through the boundary of the concept of the carrier,and it will meet difficulties responding to the changes in the legal status of cruise companies after they become qualified of operating outbound tours in the future.While the "multi-cruise contract theory",interpreting the situation by a sea passenger transport contract and a cruise service contract,has the advantage of taking care of the dual attributes of cruise tourism and facilitating the clarification of the allocation of the operator liabilities.The contracting process between the sea passenger transport contract and the cruise service contract is delineated as follows: the travel agency sells the package tour service to the consumer while making an offer on behalf of the cruise company as an agent without authority,the consumer makes a commitment to the cruise company while signing the package tour contract,and the cruise company retrospectives the unauthorized act of agent by registering the passenger information.Chapter 3 "The duality of liability of cruise operators" clarifies the legal status of each operator based on the legal relationship discussed above.In the sea passenger transport contract,the cruise line shall be liable as the carrier.The period of liability for passenger transportation shall be from each embarkation to the departure of the passenger,while the period of liability for self-carried luggage shall be from the first embarkation to the last departure.The unit liability limit and the total limit shall be appropriately increased,and consideration may be given to the introduction of a two-tier liability limit model.The cruise company shall not enjoy the carrier’s exemption from liability for damage to and loss of valuables.The travel agent as contracting agent shall be liable accordingly.In the cruise services contract,the cruise line is liable for fault as a service provider under the contract and supplementary liability as a venue management operator during the shipboard period,neither of which is subject to the limitation of liability.The travel agent is not genuinely jointly and severally liable and may also be entitled to the limitation of liability to the extent that the cruise line is entitled to.During the onshore period,the travel agency is liable on the basis of the travel service contract.Chapter 4,"The Legislative Path to Rationalize the Distribution of Liability of Cruise Package Tour Operators",proposes confirmatory and creative legislation for the amendment of the Maritime Law.Firstly,the legal application of cruise package tours can be rationalized by enhancing the applicability of the Maritime Law and reserving space for the application of other sectoral laws.Secondly,the liability regime for carriers of maritime passenger transportation can be optimized by introducing the two-tier liability system and establishing a compulsory insurance system for cruise tourism.