Features of Contractual Regulation of Maritime Tourism in the Polar Regions

Abstract

In this article, the author examines the problems of contractual regulation of maritime cruises in the polar regions. The study uses such methods as comparative analysis: the definitions of the concepts «passenger» and «tourist» are compared in order to determine whether they can be interchangeable in legal relations between a tourist and a tour operator; systematization: international and Russian regulations that directly or indirectly regulate tourism, including marine and polar regions, are systematized depending on the subject of regulation. The author examines how sea cruises are regulated in foreign legislation, including in countries where the sea cruise agreement exists as an independent contract. The paper also lists the risks for tourists in the polar regions, indicating the need for specialized regulation. The necessity of differentiation of a contract of sea cruise and the standard contract on rendering of tourist services, as well as changes in the standard form, taking into account characteristics of the Arctic and emerging practice, including the position of the Supreme Court. Such aspects of the agreement as the subject matter of the agreement, the terms of travel and the possibility of their adjustment, insurance for tourists visiting the Arctic zone, and the difficulties associated with evacuation from the Arctic are considered.