c) the place of departure or destination, according to the contract of carriage, is in a State
Party to this Convention.
At the same time, the Convention defines categories of passengers who fall under
the scope of the Convention. In particular Article 1(4) states:
“passenger” means any person carried in a ship,
(a) under a contract of carriage, or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are
covered by a contract for the carriage of goods not governed by this Convention.
It can be implied from this definition that the crew members are excluded from the
scope since their contacts pertain to the contacts of employment and not the contracts
of carriage. Another important definition provided in the Convention is a contract of
carriage. According to Article 1(2) it is “a contract made by or on behalf of a carrier
for the carriage by sea of passenger or of passenger and his luggage, as the case may
be”. This implies that it is not necessary that the passenger himself enters into a
contract of carriage. It is enough that he is covered by a contract of carriage that was
concluded on his behalf. Further in Article 1(8) the notion of “carriage” is defined as:
a period during which the passenger and/or his cabin luggage are on board the ship or in the
course of embarkation or disembarkation, and the period during which the passenger and his
cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such
transport is included in the fare or if the vessel used for this purpose of auxiliary transport has
been put at the disposal of the passenger by the carrier.
It is added further that the period when the passenger is in a marine terminal or
station or on a quay or in or on any other port installation is not considered as
carriage. Also, it means that the shore excursions from cruise ships will fall beyond
the scope of the Convention. Finally, since the Athens Convention is an international
regime, the carriage must be international. As stated in Article 1(9) it means:
any carriage in which, according to the contract of carriage, the place of departure and the
place of destination are situated in two different States, or in a single State if, according to the
contract of carriage or the scheduled itinerary, there is an intermediate port of call in another
State.
Apparently this provision was inserted to extend its coverage to cruise contracts
which usually provide departure from one port and after a week or two of calling at
different ports and countries the ship returns to the same port.
2 Carrier’s Liability and Limitation of Liability
2.1 Athens Convention 2002
In the same manner as every other transport convention, the Athens Convention
contains a liability regime, its limits and exclusions. These are the most important
provisions since they point to the level of compensation for passengers’ losses.
64
O. Bokareva
Party to this Convention.
At the same time, the Convention defines categories of passengers who fall under
the scope of the Convention. In particular Article 1(4) states:
“passenger” means any person carried in a ship,
(a) under a contract of carriage, or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are
covered by a contract for the carriage of goods not governed by this Convention.
It can be implied from this definition that the crew members are excluded from the
scope since their contacts pertain to the contacts of employment and not the contracts
of carriage. Another important definition provided in the Convention is a contract of
carriage. According to Article 1(2) it is “a contract made by or on behalf of a carrier
for the carriage by sea of passenger or of passenger and his luggage, as the case may
be”. This implies that it is not necessary that the passenger himself enters into a
contract of carriage. It is enough that he is covered by a contract of carriage that was
concluded on his behalf. Further in Article 1(8) the notion of “carriage” is defined as:
a period during which the passenger and/or his cabin luggage are on board the ship or in the
course of embarkation or disembarkation, and the period during which the passenger and his
cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such
transport is included in the fare or if the vessel used for this purpose of auxiliary transport has
been put at the disposal of the passenger by the carrier.
It is added further that the period when the passenger is in a marine terminal or
station or on a quay or in or on any other port installation is not considered as
carriage. Also, it means that the shore excursions from cruise ships will fall beyond
the scope of the Convention. Finally, since the Athens Convention is an international
regime, the carriage must be international. As stated in Article 1(9) it means:
any carriage in which, according to the contract of carriage, the place of departure and the
place of destination are situated in two different States, or in a single State if, according to the
contract of carriage or the scheduled itinerary, there is an intermediate port of call in another
State.
Apparently this provision was inserted to extend its coverage to cruise contracts
which usually provide departure from one port and after a week or two of calling at
different ports and countries the ship returns to the same port.
2 Carrier’s Liability and Limitation of Liability
2.1 Athens Convention 2002
In the same manner as every other transport convention, the Athens Convention
contains a liability regime, its limits and exclusions. These are the most important
provisions since they point to the level of compensation for passengers’ losses.
64
O. Bokareva