Abstract
The partly application of the Athens Convention 1974 by Shanghai Maritime Court in Miss Yang v Cruise PLC reflected some problems relating to the application of the Athens Convention 1974 in China and its protection for the cruise passengers. With the popularization of cruise vacation and the development of cruise industry, issues relating to the protection of cruise passengers gain growing attentions. Law application and jurisdiction is essential for the protection of cruise passengers. This paper will discuss the need for legal protection of cruise passengers versus carriers, and explore the application of the Athens Convention 1974 to cruise passengers, in particular, the relations between its application and choice of law, its protection for passengers in choosing the court. This paper will carry out a comparative study on the issue of the application of the Athens Convention 1974 to cruise passengers and the issue of its direct effect and supremacy in China and UK. It concludes that the Athens Convention 1974 is applicable to cruise passengers, it shall have direct effect and supremacy in Chinese court, and China should accede to the 2002 Protocol to the Athens Convention 1974 for better protection of the cruise passengers.
Highlights
With the popularization of cruise vacation, the number of cruise passengers has been growing rapidly and steadily
It concludes that the Athens Convention 1974 is applicable to cruise passengers, it shall have direct effect and supremacy in Chinese court, and China should accede to the 2002 Protocol to the Athens Convention 1974 for better protection of the cruise passengers
This paper will firstly discuss the application of Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 to cruise passenger’s claim from a comparative viewpoint; it will focus on the direct effect and supremacy of the Athens Convention 1974, which exclude the need for choice of law; the following part will discuss the validity of jurisdiction clause under the Athens Convention 1974; the final part is a short conclusion
Summary
With the popularization of cruise vacation, the number of cruise passengers has been growing rapidly and steadily. (the “Norwegian Jade”), the claimant booked a cruise and stay package holiday with the Flights and Packages Ltd. to include flights from the UK to Venice, hotel accommodation in Venice, a cruise in the Mediterranean, departing from Venice on Norwegian Jade, a cruise ship operated by the defendant (NCL) and returning to Venice with return flights to the UK In these two cases, the passengers did not make contracts directly with the cruise line. As in making contract with a cruise line or its agent, the passengers do not have any bargaining power to change the term of the contract; and once they are on board the cruise ship, their safety largely depends on the navigation and management of the ship It is necessary and of vital importance to discuss the legal protection for the cruise passengers, which largely depends on the applicable law, either international convention or domestic law. This paper will firstly discuss the application of Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (the Athens Convention 1974) to cruise passenger’s claim from a comparative viewpoint; it will focus on the direct effect and supremacy of the Athens Convention 1974, which exclude the need for choice of law; the following part will discuss the validity of jurisdiction clause under the Athens Convention 1974; the final part is a short conclusion
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