By
Rebecca Gibson |
The Athens Convention regarding the Carriage of Passengers and their Luggage by Sea, 2002, is set to enter into force on 23 April 2014, after the required ten ratifications were reached on 23 April 2013, with the ratification of the 2002 Athens Protocol by Belgium.
The 2002 PAL Protocol has been ratified by ten states including Albania, Belgium, Belize, Denmark, Latvia, Netherlands, Palau, Saint Kitts and Nevis, Serbia and Syrian Arab Republic. It has been also ratified by the European Union.
The directive is a revision of the 1974 Convention and declares a carrier liable for damage suffered by a passenger resulting in death, personal injury or damage to luggage if the incident causing the damage occurred during the course of the carriage and was due to the fault or neglect of the carrier.
The liability limit has been raised to 250,000 Special Drawing Rights (SDR) per carriage, per passenger in the case of death or personal injury. Carriers can limit liability if they can prove the incident resulted from an act of war, hostilities, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by an act or omission with the intent to cause the incident by a third party.
If the loss exceeds this limit, the carrier is liable up to a limit of 400,000 SDR per passenger, unless the carrier proves the incident was caused without the fault or neglect of the carrier.
The carrier’s liability for the loss, or damage, to cabin luggage is limited to 2,250 SDR per passenger, per carriage, while loss, or damage to luggage and vehicles carries a maximum of 12,700 SDR per vehicle, per carriage. The liability for the loss of or damage to other luggage is limited to 3,375 SDR per passenger, per carriage.
The 2002 Athens Convention introduces compulsory insurance, as well as mechanisms to assist passengers in obtaining compensation.
Carriers must take out compulsory insurance to cover potential claims, while ships must have a certificate attesting that insurance or other financial security is in force.
The protocol enables national courts to compensate for death, injury or damage up to these limits. It also includes a clause, enabling state parties to retain or introduce higher limits of liability if carriers are subject to the jurisdiction of their courts.