The Athens Convention on Passenger Liability and the EU
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In 2002, a diplomatic conference adopted a revision protocol1 to the Athens Convention 1974, on sea carriers’ liability towards passengers.2 By a special provision in the Protocol (Art. 15(3)), the consolidation of the original Convention and the Protocol is called the 2002 Athens Convention.3. The main features of the 2002 Athens Protocol are: Liability without negligence for the first SDR 250,000 per passenger for claims of death and personal injury if the incident relates to a “shipping incident” (an incident that could not have occurred in a land-based hotel). Compulsory insurance for SDR 250,000 per passenger in respect of death and personal injury claims, with direct action and no policy defenses except willful misconduct. The insurance can be of any type the (performing) carrier chooses. Unlimited liability in respect of death and personal injury claims for States that choose so in respect of actions in their courts; the general rule is, however, a limit of liability of SDR 400,000 per passenger. Up to a total of five years before claims are time-barred if the passenger did not know of the damage, etc.; typically in cases of whip-lash in high speed crafts. Approximately 25% increase of limits on luggage claims. A 10% increase in deductibles.
KeywordsMember State State Parti State Party Common Position Civil Liability
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