客輪業者無預警停航之消費者保護機制研究

Research on Consumer Protection Mechanism of Passenger Ship Service Suspension Without Warning

我國客輪業者肩負離島與本島海上客運運輸的重任，但因離島人口數有限，觀光需求淡旺季變動大等問題，所以經營上常面臨很大的挑戰。2017年，經營屏東到蘭嶼間海上客運的興蘭海運公司因財務問題而無預警停航，造成預售票退款的糾紛並耗費大量政府行政資源處理後續事宜的問題，所以有必要針對客輪乘客在該部分的消費者權益保護機制進行探討。本研究透過回顧法理基礎的文獻、收集國內外相關法規及我國業者實務做法與案例，並透過訪談及問卷調查等方式收集業者與專家實證意見，從商業及法令層面擬訂乘客權益保護機制的短中長期方案，以作為政府強化監督管理客輪業者之參考。

Taiwan's passenger ship operators carry out the important task of maritime passenger transportation between and within the outlying islands and the main island of Taiwan. However, due to the limited population in the outlying islands and the large fluctuated tourist demand during the off-peak and peak seasons, passenger ship operators often encounter great challenges in their operations and business. In 2017, Xinglan Shipping Company, which provided passenger ferry service between Pingtung and Orchid Island, suspended journeys without warning due to its financial problem. This caused disputes over pre-sale ticket refunds and consumed a large amount of government administrative resources to deal with the upcoming issues. Thus, the consumer rights protection mechanism in the passenger ferry industry should be discussed. Accordingly, this study investigates the relevant legal basis by reviewing literatures, domestic and foreign laws and regulations, Taiwan's industrial practices and cases, and summarizes practitioners and experts' opinions through interviews and questionnaire surveys to explore this topic. As a result, this study proposes a relevant passenger rights protection mechanism from business and legal perspectives, and suggests the short, medium and long-term plans for government agencies to strengthen their supervision and management system for the passenger ship operators.