Lesson 13: Carriage of passengers

Question 1

1974 Athens Convention

Answer 1

Once the passenger is on the carrier, the carrier is responsible of the passenger and their luggages for any injuries, damages or losses caused by the carrier or negligence.

Question 2

Athens Convention Liabilities

Answer 2

• Art 3 (1): The carrier should be liable for damages caused, due to acts or negligence
• Art 3 (2): Burden of proof falls with the claimant
• Art 3 (3): Presumption that injuries or dead were caused in connection with shipwrecked, collision, explosion

Question 3

In which events can a carrier be liable for damages to passengers under the Athens Convention?

Answer 3

When the damage was caused in the course of the carriage and the incident was due to the fault

Question 4

In which events are fault or neglect on the part of the carrier presumed under the Athens Convention? What does it mean that fault or neglect on the part of the carrier is “presumed”?

Answer 4

Is presumed if the death or injury arose from or in connection with shipwreck, collision, stranding, explosion, fire or defect in the ship,

Question 5

To which period of time does the Athens Convention apply?

Answer 5

A two-year time limit on claims is impose

Question 6

What does “limitation of a carrier’s liability” mean?

Answer 6

Article 7 of the 1974 Athens Convention provides for a limit of the carrier’s liability

Question 7

What is the standard limitation amount under the Athens Convention?

Answer 7

46,666 Special Drawing Rights (“SDR”) per carriage.

Question 8

Which countries have implemented higher limitation amounts than the standard rates under the Athens
Convention?

Answer 8

• U.S. dollar;
• Euro;
• Chinese renminbi (RMB);
• Japanese yen; and
• Pound sterling