set in Article 3(1), 4bis(1), 7(1) and 8. As previously mentioned these articles deal
with liability of the carrier for loss suffered as a result of death of or personal injury
to a passenger caused by a shipping incident, the limits set for compulsory insurance,
additional limit of liability of the carrier on each distinct occasion and limits of
liability for loss of or damage to luggage and vehicles.
According to Article 17 of the Athens Convention 2002, the claimant is given an
option to bring a claim before one of the courts, provided that the court is located in a
State Party to this Convention, and subject to the domestic law of each State Party
governing proper venue within those States with multiple possible forums:
(a) the Court of the State of permanent residence or principal place of business of the
defendant, or
(b) the Court of the State of departure or that of the destination according to the contract of
carriage, or
(c) the Court of the State of the domicile or permanent residence of the claimant, if the
defendant has a place of business and is subject to jurisdiction in that State, or
(d) the Court of the State where the contract of carriage was made, if the defendant has a
place of business and is subject to jurisdiction in that State.
The Convention also sets limits as to the time of bringing the suit, also known as
time-bar. The general rules contained in Article 16 is that actions for damages due to
death or personal injury or for loss or damage to luggage is time-barred after 2 years.
However, Article 16(3) provides a maximum 3 or 5 year limit in certain cases but not
more than that.
Examining the limits of liability the different tiers of liability, it can be submitted
that compared to other transport conventions dealing with passenger carriage, the
Athens Convention 2002 establishes rather high compensation and these amounts
are also secured with the compulsory insurance provisions under Article 4bis. These
rules are very detailed and provide additional protection to a passenger or his
descendants in case of death or personal injury. It is not intended to discuss these
provisions in great details, but it is enough to mention salient features of this article.
It is also vital to remind that the provisions on compulsory insurance were a
stumbling block for joining the convention and also raised many concerns among
the insurance sector, especially P&I clubs offering third-party liability insurance. In
order to attract more ratification, the IMO came up with a solution and drafted a
provision on reservation and the IMO Guidelines which address, inter alia, the
issues related to war and non-war insurance.
As in every other sector of shipping and maritime activity, insurance plays a
significant role also in passenger carriage. Some of the recent disasters with ferries
and cruise ships point to the necessity of additional financial protection available to
the passengers. Thus, in line with this need, special provisions were inserted in the
Protocol 2002. In brief they provide the limits of the compulsory insurance or other
financial security which is not less than 250,000 units of account per passenger on
each distinct occasion. Also, the carriers shall obtain insurance or financial security
to cover its liability under the Convention regarding death and personal injury to
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
67
with liability of the carrier for loss suffered as a result of death of or personal injury
to a passenger caused by a shipping incident, the limits set for compulsory insurance,
additional limit of liability of the carrier on each distinct occasion and limits of
liability for loss of or damage to luggage and vehicles.
According to Article 17 of the Athens Convention 2002, the claimant is given an
option to bring a claim before one of the courts, provided that the court is located in a
State Party to this Convention, and subject to the domestic law of each State Party
governing proper venue within those States with multiple possible forums:
(a) the Court of the State of permanent residence or principal place of business of the
defendant, or
(b) the Court of the State of departure or that of the destination according to the contract of
carriage, or
(c) the Court of the State of the domicile or permanent residence of the claimant, if the
defendant has a place of business and is subject to jurisdiction in that State, or
(d) the Court of the State where the contract of carriage was made, if the defendant has a
place of business and is subject to jurisdiction in that State.
The Convention also sets limits as to the time of bringing the suit, also known as
time-bar. The general rules contained in Article 16 is that actions for damages due to
death or personal injury or for loss or damage to luggage is time-barred after 2 years.
However, Article 16(3) provides a maximum 3 or 5 year limit in certain cases but not
more than that.
Examining the limits of liability the different tiers of liability, it can be submitted
that compared to other transport conventions dealing with passenger carriage, the
Athens Convention 2002 establishes rather high compensation and these amounts
are also secured with the compulsory insurance provisions under Article 4bis. These
rules are very detailed and provide additional protection to a passenger or his
descendants in case of death or personal injury. It is not intended to discuss these
provisions in great details, but it is enough to mention salient features of this article.
It is also vital to remind that the provisions on compulsory insurance were a
stumbling block for joining the convention and also raised many concerns among
the insurance sector, especially P&I clubs offering third-party liability insurance. In
order to attract more ratification, the IMO came up with a solution and drafted a
provision on reservation and the IMO Guidelines which address, inter alia, the
issues related to war and non-war insurance.
As in every other sector of shipping and maritime activity, insurance plays a
significant role also in passenger carriage. Some of the recent disasters with ferries
and cruise ships point to the necessity of additional financial protection available to
the passengers. Thus, in line with this need, special provisions were inserted in the
Protocol 2002. In brief they provide the limits of the compulsory insurance or other
financial security which is not less than 250,000 units of account per passenger on
each distinct occasion. Also, the carriers shall obtain insurance or financial security
to cover its liability under the Convention regarding death and personal injury to
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
67