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All passagerartransport med
färja regleras idag av Atenkonventionen av 1974.
De viktigaste delarna av texten i denna konvention återges här på
engelska.
Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea, 1974
Article 1 Definitions
1 In this Convention the following expressions have the meaning
hereby assigned to them:
(a) "carrier" means a person by or on behalf of whom a
contract of carriage has been concluded, whether the carriage is actually
performed by him or by a performing carrier;
(b) "performing carrier" means a person other than the
carrier, being the owner, charterer or operator of a ship, who actually
performs the whole or a part of the carriage;
2 "contract
of carriage" means a contract made by or on behalf of a carrier
for the carriage by sea of a passenger or of a passenger and his luggage,
as the case may be;
3 "ship"
means only a seagoing vessel, excluding an aircushion vehicle;
4 "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;
5
"luggage" means any article or vehicle carried by the
carrier under a contract of carriage, excluding:
(a) articles and vehicles carried under a charter party, bill of lading or
other contract primarily concerned with the carriage of goods, and
(b) live animals;
6 "cabin
luggage" means luggage which the passenger has in his cabin or is
otherwise in his possession, custody or control. Except for the
application of paragraph 8 of this Article and Article 8, cabin luggage
includes luggage which the passenger has in or on his vehicle;
7 "loss of
or damage to luggage" includes pecuniary loss resulting from the
luggage not having been re-delivered to the passenger within a reasonable
time after the arrival of the ship on which the luggage has been or should
have been carried, but does not include delays resulting from labour
disputes;
8 "carriage"
covers the following periods:
(a) with regard to the passenger and his cabin luggage, the period during
which the passenger and/or his cabin luggage are on board the ship or in
the course of 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. However, with regard to the
passenger, carriage does not include the period during which he is in a
marine terminal or station or on a quay or in or on any other port
installation;
(b) with regard to cabin luggage, also the period during which the
passenger is in a marine terminal or station or on a quay or in or on any
other port installation if that luggage has been taken over by the carrier
or his servant or agent and has not been re-delivered to the passenger;
(c) with regard to other luggage which is not cabin luggage, the period
from the time of its taking over by the carrier or his servant or agent on
shore or on board until the time of its re-delivery by the carrier or his
servant or agent;
9
"international carriage" 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.
10
"Organisation" means the International Maritime Organisation
(IMO).
Article 2 Application
1 This Convention shall apply to any carriage if:
(a) it is international carriage and the contract of carriage is made in
the United Kingdom; or
(b) it is international carriage and, under the contract of carriage, a
place in the United Kingdom is the place of departure or destination; or
(c) under the contract of carriage, the places of departure and
destination are in the area consisting of the United Kingdom, the Channel
Islands and the Isle of Man and there is no intermediate port of call
outside the area.
2
Notwithstanding paragraph 1 of this Article, this Convention shall not
apply when the carriage is subject, under any other international
convention concerning the carriage of passengers or luggage by another
mode of transport, to a civil liability regime under the provisions of
such convention, in so far as those provisions have mandatory application
to carriage by sea.
Article 3 Liability
of the carrier
1 The carrier shall be liable for the damage suffered as a result
of the death of or personal injury to a passenger and the loss of or
damage to luggage if the incident which caused the damage so suffered
occurred in the course of the carriage and was due to the fault or neglect
of the carrier or his servants or agents acting within the scope of their
employment.
2 The burden
of proving that the incident which caused the loss or damage occurred in
the course of the carriage, and the extent of the loss or damage, shall
lie with the claimant.
3 Fault or
neglect of the carrier or of his servants or agents acting within the
scope of their employment shall be presumed, unless the contrary is proved,
if the death of or personal injury to the passenger or the loss or damage
to cabin luggage arose from or in connection with the shipwreck, collision,
stranding, explosion or fire, or defect in the ship. In respect of loss of
or damage to other luggage, such fault or neglect shall be presumed,
unless the contrary is proved, irrespective of the nature of the incident
which caused the loss or damage. In all other cases the burden of proving
fault or neglect shall lie with the claimant.
Article 4 Performing carrier
1 If the performance of the carriage or part thereof has been
entrusted to a performing carrier, the carrier shall nevertheless remain
liable for the entire carriage according to the provisions of this
Convention. In addition, the performing carrier shall be subject and
entitled to the provisions of this Convention for the part of the carriage
performed by him.
2 The carrier
shall, in relation to the carriage performed by the performing carrier, be
liable for the acts and omissions of the performing carrier and of his
servants and agents acting within the scope of their employment.
3 Any special
arrangement under which the carrier assumes obligations not imposed by
this Convention or any waiver of rights conferred by this Convention shall
effect the performing carrier only if agreed by him expressly and in
writing.
4 Where and
to the extent that both the carrier and the performing carrier are liable,
their liability shall be joint and several.
5 Nothing in
this Article shall prejudice any right of recourse as between the carrier
and the performing carrier.
Article 5 Valuables
The carrier shall not be liable for the loss or damage to monies,
negotiable securities, gold, silverware, jewellery, ornaments, works of
art, or other valuables, except where such valuables have been deposited
with the carrier for the agreed purpose of safe-keeping in which case the
carrier shall be liable up to the limit provided for in paragraph 3 of
Article 8 unless a higher limit is agreed upon in accordance with
paragraph 1 of Article 10.
Article 6 Contributory
fault
If the carrier proves that the death of or personal injury to a passenger
or the loss of or damage to his luggage was caused or contributed to by
the fault or neglect of the passenger, the court seized of the case may
exonerate the carrier wholly or partly from his liability in accordance
with the provisions of the law of that court.
Article 7 Limit
of liability for personal injury
The liability of the carrier for the death of or personal injury to a
passenger shall in no case exceed 700,000 francs (for carriers other than
UK carriers) and 100,000 special drawing rights (for UK carriers) per
carriage. Where in accordance with the law of the court seized of the case
damages are awarded in the form of periodical income payments, the
equivalent capital value of those payments shall not exceed the said
limit.
Article 8 Limit
of liability for loss of or damage to luggage
1 The liability of the carrier for the loss of or damage to cabin
luggage shall in no case exceed 833 special drawing rights per passenger,
per carriage.
2 The
liability of the carrier for the loss of or damage to vehicles including
all luggage carried in or on the vehicle shall in no case exceed 3,333
special drawing rights per vehicle, per carriage.
3 The
liability of the carrier for the loss of or damage to luggage other than
that mentioned in paragraphs 1 and 2 of this Article shall in no case
exceed 1,200 special drawing rights per passenger, per carriage.
4 The carrier
and the passenger may agree that the liability of the carrier shall be
subject to a deductible not exceeding 117 special drawing rights in the
case of damage to a vehicle and not exceeding 13 special drawing rights
per passenger in the case of loss of or damage to other luggage, such sum
to be deducted from the loss or damage.
Article 9 Monetary
unit and conversion
Unit of Account or Monetary Unit and conversion
1 The Unit of Account mentioned in this Convention is the Special
Drawing Right as defined by the International Monetary Fund. The amounts
mentioned in Articles 7 and 8 shall be converted into the national
currency of the State of the Court seized of the case on the basis of the
value of that currency on the date the judgement or the date agreed upon
by the parties. The value of the national currency, in terms of the
Special Drawing Right, of a State which is a member of the International
Monetary Fund, shall be calculated in accordance with the method of
valuation applied by the International Monetary Fund in effect as the date
in question for its operations and transactions. The value of the national
currency, in terms of the Special Drawing Right, of a State which is not a
member of the International Monetary Fund, shall be calculated in a manner
by that State.
2
Nevertheless, a State which is not a member of the International Monetary
Fund and whose law does not permit the application of the provisions of
paragraph 1 of this Article may, at the time of ratification or accession
or at any time thereafter, declare that the limits of liability provided
for in this Convention to be applied in its territory shall be fixed as
follows:
(a) in respect of Article 7, paragraph 1, 700,000 monetary units
(b) in respect of Article 8, paragraph 1, 12,500 monetary units
(c) in respect of Article 8, paragraph 2, 50,000 monetary units
(d) in respect of Article 8, paragraph 3, 18,000 monetary units
(e) in respect of Article 8, paragraph 4, the deductible shall not exceed
1,750 monetary units in the case of damage to a vehicle and shall not
exceed 200 monetary units per passenger in the case of loss of or damage
to other luggage.
Article 10 Supplementary
provisions on limit of liability
1 The carrier and the passenger may agree, expressly and in writing,
to higher limits of liability than those prescribed in Articles 7 and 8.
2 Interest on damages and legal costs shall not be included in the
limits of liability prescribed in Articles 7 and 8.
Article 11 Defenses
and limits for carriers' servants
If an action is brought against a servant or agent of the carrier or of
the performing carrier arising out of damage covered by this Convention,
such servant or agent, if he proves that he acted within the scope of his
employment shall be entitled to avail himself of the defenses and limits
of liability which the carrier or the performing carrier is entitled to
invoke under this Convention.
Article 12 Aggregation
of claims
1 Where the limits of liability prescribed in Articles 7 and 8 take
effect, they shall apply to the aggregate of the amounts recoverable in
all claims arising out of the death of or personal injury to any one
passenger or the loss of or damage to his luggage.
2 In relation
to the carriage performed by a performing carrier, the aggregate of the
amounts recoverable from the carrier and the performing carrier and from
their servants and agents acting within the scope of their employment
shall not exceed the highest amount which could be awarded against either
the carrier or the performing carrier under this Convention, but none of
the persons mentioned shall be liable for a sum in excess of the limit
applicable to him.
3 In any case
where a servant or agent of the carrier or of the performing carrier is
entitled under Article 11 of this Convention to avail himself of the
limits of liability prescribed in Articles 7 and 8, the aggregate of the
amounts recoverable from the carrier, or the performing carrier as the
case may be, and from that servant or agent, shall not exceed those
limits.
Article 13 Loss
of right to limit liability
1 The carrier shall not be entitled to the benefit of the limits of
liability prescribed in Articles 7 and 8 and paragraph 1 of Article 10, if
it is proved that the damage resulted from an act or omission of the
carrier done with the intent to cause such damage, or recklessly and with
knowledge that such damage would probably result.
2 The servant
or agent of the carrier or of the performing carrier shall not be entitled
to the benefit of those limits if it is proved that the damage resulted
from an act or omission of that servant or agent done with the intent to
cause such damage, or recklessly and with knowledge that such damage would
probably result.
Article 14 Basis
for claims
No action for damages for the death of or personal injury to a passenger,
or for the loss of or damage to luggage, shall be brought against a
carrier or performing carrier otherwise than in accordance with this
Convention.
Article 15 Notice
of loss or damage to luggage
1 The passenger shall give written notice to the carrier or his
agent:
(a) in the case of apparent damage to luggage:
(i) for cabin luggage, before or at the time of disembarkation of the
passenger;
(ii) for all other luggage, before or at the time of its re-delivery;
(b) in the case of damage to luggage which is not apparent, or loss of
luggage, within fifteen days from the date of disembarkation or
re-delivery or from the time when such re-delivery should have taken place.
2 If the
passenger fails to comply with this Article, he shall be presumed, unless
the contrary is proved, to have received the luggage undamaged.
3 The notice
in writing need not be given if the condition of the luggage has at the
time of its receipt been the subject of joint survey or inspection.
Article 16 Time-bar
for actions
1 Any action for damages arising out of the death of or personal
injury to a passenger or for the loss of or damage to luggage shall be
time-barred after a period of two years.
2 The
limitation period shall be calculated as follows:
(a) in the case of personal injury, from the date of disembarkation of the
passenger;
(b) in the case of death occurring during carriage, from the date when the
passenger should have disembarked, and in the case of personal injury
occurring during carriage and resulting in the death of the passenger
after disembarkation, from the date of death, provided that this period
shall not exceed three years from the date of disembarkation.;
(c) in the case of loss of or damage to luggage, from the date of
disembarkation or from the date when disembarkation should have taken
place, whichever is later.
3 The law of
the court seized of the case shall govern the grounds of suspension and
interruption of limitation periods, but in no case shall an action under
this Convention be brought after the expiration of a period of three years
from the date of disembarkation should have taken place, whichever is
later.
4
Notwithstanding paragraph 1, 2 and 3 of this Article, the period of
limitation may be extended by a declaration of the carrier or by agreement
of the parties after the cause of action has arisen. The declaration or
agreement shall be in writing.
Article 17 Competent
jurisdiction
1 An action arising under this Convention shall, at the option of
the claimant, be brought before one of the courts listed below:
(a) the court of the place of permanent residence or principal place of
business of the defendant, or
(b) the court of the place of departure or that of the destination
according to the contract of carriage, or
(c) a 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) a 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.
2 After the
occurrence of the incident which caused the damage, the parties may agree
that the claim for damages shall be submitted to any jurisdiction or to
arbitration.
Article 18 Invalidity
of contractual provisions
Any contractual provision concluded before the occurrence of the incident
which has caused the death of or personal injury to a passenger or the
loss of or damage to his luggage, purporting to relieve the carrier of his
liability towards the passenger or to prescribe a lower limit of liability
than that fixed in this Convention except as provided in paragraph 4 of
Article 8, and any such provision purporting to shift the burden of proof
which rests on the carrier, or having the effect of restricting the option
specified in paragraph 1 of Article 17, shall be null and void, but the
nullity of that provision shall not render void the contract of carriage
which shall remain subject to the provisions of this Convention.
Article 19 Other
conventions on limitation of liability
This Convention shall not modify the rights or duties of the carrier, the
performing carrier, and their servants or agents provided for in
international conventions relating to the limitation of liability of
owners of seagoing ships.
Article 20 Nuclear
damage
No liability shall arise under this Convention for damage caused by
nuclear incident:
(a) if the operator of a nuclear installation is liable for such damage
under either the Paris Convention of 29th July 1960 on Third Party
Liability in the Field of Nuclear Energy as amended by its Additional
Protocol of 28th January 19641 or the Vienna Convention of 21st May 1963
on Civil Liability for Nuclear Damage2, or
(b) if the operator of a nuclear installation is liable for such damage by
virtue of a national law governing the liability for such damage, provided
that such law in all respects as favourable to persons who may suffer
damage as either the Paris or the Vienna Conventions.
Article 21 Commercial carriage by public authorities
This Convention shall apply to commercial carriage undertaken by States or
Public Authorities under contracts of carriage within the meaning of
Article 1.
1 Treaty Series No. 69 (1968), Cmnd 3755.
2 Miscellaneous No. 9 (1964), Cmnd 2333.
(Articles 22 - 28 relate to declaration of non-application, signature,
ratification, accession, entry into force, denunciation, revision,
amendment, depositary, languages and are not reproduced here.)
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