People Claims: The Athens Convention

2 Мар

Публикация посвящена Афинской конвенции  о перевозке морем пассажиров и их багажа 1974 года (PAL). Рассматривается также Протокол 202 года к PAL.

Особенное внимание уделяется вопросам, связанным с ограничением ответственности перевозчика и со страхованием.

What is it?
The 1974 Athens Convention, and its successor
the 2002 Protocol, provide a liability and insurance
regime for passenger ships with regard to
passengers and their luggage. Together, they aim
to improve compensation for passengers who
suffer damages and improve the safety of maritime
transport. The Convention and Protocol also set
financial limits of liability for carriers in respect
of claims brought by passengers and a two-year
time bar for claims to be made, which is typically
calculated from the time the passenger disembarked
from the vessel.
The Athens Convention 1974
A carrier is liable for damage suffered as a
result of the death of, or personal injury to, a
passenger, or loss or damage to luggage, if:
– the incident occurred during the course of
carriage; and
– the incident was due to the fault or neglect of
the carrier (fault is presumed in incidents of
shipwreck, collision, stranding, explosion, fire
or defect in the ship, unless the contrary is
proven).
The carrier could limit its liability, unless it
acted with intent to cause damage or recklessly
and with knowledge that such damage could
result, to 46,666 Special Drawing Rights (SDR)
per carriage.
The Athens Protocol 2002
Death or personal injury
The 2002 Protocol substantially raised the limit
of liability for the death of, or personal injury to,
a passenger to 250,000 SDR per passenger on
each distinct occasion.
If the death or personal injury is caused by a
‘shipping incident’, the carrier is strictly liable
unless the carrier proves that the incident:
– resulted from an act of war, hostilities,
civil war, insurrection or a natural
phenomenon of an exceptional, inevitable
and irresistible character; or
– was wholly caused by an act or omission done
with the intent to cause the incident by a
third party.
A ‘shipping incident’ is the shipwreck,
capsizing, collision or stranding of the ship,
explosion or fire in the ship, or defect in
the ship.
If the loss exceeds 250,000 SDR, the carrier is
further liable – up to a limit of 400,000 SDR per
passenger on each distinct occasion – unless the
carrier proves that the incident that caused the loss
occurred without the fault or negligence of
the carrier.
Where the loss suffered is not caused by a shipping
incident, the carrier is liable only if its fault or
negligence is proved by the claimant.

Damage to luggage and vehicles
The carrier is liable for loss of, or damage to,
cabin luggage and there is a presumption of
fault if the loss results from a ‘shipping incident’.
The carrier is also liable for the loss of, or
damage to, vehicles, including luggage carried
in them, unless the carrier can prove that the
incident that caused the loss occurred without
its fault or neglect.
The carrier’s limit of liability varies, as follows:
– The liability of the carrier for the loss of or
damage to cabin luggage is limited to
2,250 SDR per passenger, per carriage.
– Liability of the carrier for the loss of or
damage to other luggage is limited to
3,375 SDR per passenger, per carriage.
– Liability of the carrier for the loss of or
damage to vehicles including all luggage
carried in or on the vehicle is limited to
12,700 SDR per vehicle, per carriage.
Limits of liability
The 2002 Protocol allows state parties to
the convention to vary the limitation levels
provided that these are not lower than those
in the Protocol. It is therefore vital for the
relevant limitation provisions to be checked
depending upon the state that has jurisdiction
over the claim.
Compulsory insurance
The 2002 Athens Protocol requires carriers
to maintain adequate insurance to cover the
potential liabilities to ensure that victims are
compensated.
Ships are to be issued with a certificate
attesting that insurance or other financial
security is in force.
Direct cause of action against insurers
The 2002 Athens Protocol allows for claims to
be made directly against the insurer of up to
250,000 SDR.
When will the Athens Convention apply?
✔ Passengers
✖ Ship entertainers
✖ Employees
✖ Crew
Different liabilities, limitations and financial
consequences may arise for a shipowner even if the
incident circumstances are almost identical.

Athens will apply
On the Quay,
Terminal or Port    If the damage to cabin luggage is sustained whilst the Passenger is                                       in a marine terminal or station or on a quay or any other port                                                       installation and control of that luggage has been take over by the                                           carrier or his servant or agent and has not been redelivered to the                                           passenger.
On the Gangway     If damage to cabin luggage is sustained whilst cabin luggage is on
the gangway. If injury/death is sustained whilst the passenger is                                             on the gangway.
Athens will not apply
On the Quay,
Terminal or Port    If injury/death is sustained whilst the passenger is in a marine                                                   terminal or station or on a quay or any other port installation.
On the Gangway    When the passenger is still on the quay/not yet in the process of                                            embarking, in respect of injuries.

Авторы: Michael Hughes, Richard Stevens

Источник:  http://www.standard-club.com/media/1800644/people-claims-the-athens-convention.pdf