Summary of Provisionsconcerning the Rights of Passengers Travelling by Sea in the Event
Summary of provisionsconcerning the rights of passengers travelling by sea in the event of accidents1
[The carriershallprovideatleastthisinformation to the passengersprior to or on departure to the extentthisRegulationapplies to theircarriage. Thissummaryhas no legalvalue]
Regulation (EC) No 392/2009 on the liability of carriers of passengers in the event of accidentsbecomesapplicable in the EU and EEA States2 on 31 December 2012. It incorporatescertainprovisions of the 1974 AthensConvention (as amended by the 2002 Protocol) relating to the carriage of passengers and theirluggage by sea.
The Regulationapplies to allcarriers in internationalcarriage, includingcarriagebetween EU MemberStates, and certaintypes of domesticcarriage, providedthat:
- the shipisflying the flag of a MemberStateorisregistered in a MemberState, or
- the contract of carriagehasbeenmade in a MemberState , or
- the place of departureordestinationorboth, according to the contract of carriage, are in a MemberState.
It coversliability of the carrier in respect of passengers, theirluggage and theirvehicles, as well as mobilityequipment, in the event of accidents.
ThisRegulationdoes not affect the right of carriers to limit theirliability for accidents in accordance with the International Convention on Limitation of Liability for MaritimeClaims of 1976, as amended by the 1996 Protocol in itsup to date form.
Accidentsunder the Regulationincludeboth 'shipping'3 and 'non-shipping' incidents in the course of the carriage.
RIGHTS OF PASSENGERS
Right to compensation for deathorpersonalinjury
Shippingincident: the passengerhas a right to compensation from the carrieror the carrier'sinsuranceprovider of up to 250.000 SDR4 in anyevent, with the exception of circumstancesbeyond the carrier'scontrol (i.e. act of war, naturaldisaster, act of a third party). Compensationcan go up to 400.000 SDR unless the carrierprovesthat the incidentoccurredwithouthisfaultorneglect.
Non-shippingincident: the passengerhas a right to compensation from the carrieror the carrier'sinsuranceprovider of up to 400.000 SDR, if he/sheprovesthat the incident was the result of the carrier'sfaultorneglect.
Right to compensation for loss of ordamage to cabinluggage
Shippingincident: the passengerhas a right to compensation from the carrier of up to 2.250 SDR, unless the carrierprovesthat the incidentoccurredwithouthisfaultorneglect.
Non-shippingincident: the passengerhas a right to compensation from the carrier of up to 2.250 SDR, if he/sheprovesthat the incident was the result of the carrier'sfaultorneglect.
Right to compensation for loss of ordamage to luggageotherthancabinluggage
The passengerhas a right to compensation from the carrier of up to 12.700 SDR (vehicles, includingluggagecarried in or on the vehicle) or 3.375 SDR (otherluggage), unless the carrierprovesthat the incidentoccurredwithouthisfaultorneglect.
Right to compensation for loss of ordamage to valuables
The passengerhas a right to compensation from the carrier of up to 3.375 SDR for the loss of ordamage to monies, negotiable securities, gold, silverware, jewellery, ornaments and works of art, onlywhenthesehavebeendeposited with the carrier for the agreedpurpose of safe-keeping.
Right of a passenger with reducedmobility to compensation for loss of ordamage to mobility
equipmentorotherspecificequipment
Shippingincident: the passengerhas a right to compensation from the carriercorresponding to the replacementvalueor the repaircosts of the equipmentconcerned, unless the carrierprovesthat the incidentoccurredwithouthisfaultorneglect.
Non-shippingincident: the passengerhas a right to compensation from the carriercorresponding to the replacementvalueor the repaircosts of the equipmentconcerned, if he/sheprovesthat the incident was the result of the carrier'sfaultorneglect.
Right to anadvancepayment in the event of a shippingincident
In case of deathorpersonalinjury, the passengerorother person entitled to damageshas a right to anadvancepayment to cover immediate economicneeds. The paymentshall be calculated on the basis of the damagesuffered, shall be madewithin 15 days and shall not be less than 21.000 EUR in the event of death.
ELEMENTS OF PROCEDURE & OTHER MATTERS
Writtennotice
In case of damage to cabinorotherluggage, the passengermustgive timely5writtennotice to the carrier. Failure to do sowillresult in the passengerlosinghis/herright to compensation.
Time limits for exercise of the passenger'srights
In general, anyaction for damagesbefore a competentcourtmust be introducedwithin a period of 2 years. The starting point of thislimitation period maydifferdepending on the nature of the loss.
Exemptionsconcerningliability
Liability of the carriercan be reducedif he provesthat the death of orpersonalinjury to a passengeror the loss of ordamage to hisluggage was causedorcontributed to by the faultorneglect of the passenger.
The limits on the differentamounts for compensationwill not applyifitisprovedthat the damageresulted from anact of the carrier, or a servantor agent of the carrieror of the performing carrier, done with the intent to causesuchdamageor with knowledgethatsuchdamagewouldprobablyresult.
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1)Summarydrafted in accordance with article 7 of Regulation (EC) No 392/2009 of the EuropeanParliament and of the Council of 23 April 2009 (OJ L 131, 28.5.2009, p. 24) on the liability of carriers of passengers by sea in the event of accidents.
2)The Regulationwillbecomeapplicable to EEA States in accordance with the Decision of the EEA Joint Committee No 17/2011 (OJ L 171, 30.6.2011, p. 15) following the relevantnotifications by EEA Statesconcerned.
3)'Shippingincident' for the purposes of thisRegulationinclude: shipwreck, capsizing, collisionorstranding of the ship, explosionorfire in the shipordefect in the ship. Allotherincidents in the course of the carriage for the purposes of thissummaryare 'non-shipping' incidents.
4)Lossordamagesuffered as a result of anaccidentarecalculated on the basis of "units of account", whichare "Special DrawingRights"(SDR) for MemberStatesparties to the International Monetary Fund (all EU MemberStates). Information and conversionrates for SDR can be found on: On 26 November 2012 1 SDR = 1.18 EUR.
5)In cases of apparentdamage, writtennoticemust be givenbeforeoratdisembarkation for cabinluggage, and beforeorat re-delivery for otherluggage. In cases of non-apparentdamage to orloss of luggage, writtennoticemust be givenwithin 15 days from disembarkationor re-delivery (orscheduled re-delivery in the event of loss).