CARRIAGE OF
PASSENGERS AND THEIR
LUGGAGE BY SEA
Department for Maritime and Transport Law
Doc.dr. sc. Iva Savić
27.04.2017.
SOURCES OF LAW
Internal
MARITIME CODE (Art. 598-633)
Application of MC
OBLIGATIONS ACT (Art. 694-698)
only in cases when
 EU regulation
Regulation
Regulation 392/2009, Regulation392/2009
1177/2010,
and Directive
AP
2009/20
2002 don’t apply

International
Athens Convention relating to the Carriage of Passengers
and their Luggage by Sea, 1974
Protocol of 2002 to the Convention
> Croatia is a Party to Athens Convention as amended with
2002 Protocol
Convention on Limitation of Liability of Maritime Claims
(LLMC 1976) and 1996 Protocol (PLLMC 1996)

THE CONTRACT OF CARRIAGE
(MARITIME CODE)
“Carrier obliges himself by the contraact to carry
the passenger by the ship, whereas the passenger
obliges himself to pay the fee.”
(Art. 599 MC)
Constitutive elements:
1. carrier
2. passenger
3. carriage by ship
4. fare
5. seaway
Passenger (MC)
(Art 5, §41): „Passenger is any person on board the
maritime craft, with the exception of children under
the age of one year, and persons employed on the ship
in any capacity”

a person being carried on a ship based on the
contract of carriage, OR
b) person that accompanies a vehicle or live
animals based on a contract for the transport
of goods
a)

carrier
≠
concludes the agreement
PERFORMING carrier
actually performs the carriage
(shipowner, charterer, operator)
Carriage with no paid fare - FREE OF CHARGE >
application of Obligations act (ZOO), except for the
carrier’s liability in the case of passenger’s death or
personal injury > application of MC and Regulation
EU 392/2009





TIME of carriage: while passenger is on the ship+
embarkation and disembarkation + “auxiliary
transport” (IF cost of such transport is included in
the fare or if the vessel used for this purpose has
been put at the disposal of the passenger by the
carrier)
TICKET
document proving the carriage of passenger
issuance not obligatory, unless the passenger
demands
can be issued to specific person (named) or bearer
PARTIES TO CONTRACT

1.
2.

1.
2.
CARRIER - obligations:
main obligation: tranfer the passenger from the
departure to destinatino point without the delay
and interuption, saving his integrity
(conditionally) food, entertainment
PASSENGER - obligations:
main obligation: pay the fare
not to disturb the order, act on demand of the
crew, not to endanger the ship as well as other
persons and things on it
CARRIER’S LIABILITY FOR
DEATH AND PERSONAL
INJURY OF A PASSENGER
LIABILITY PRINCIPLE (MC)
FAULT-BASED LIABILITY
 Art. 613: proven liability - in some cases, presumed (art.
615):
shipwreck
 collision
 running aground
 explosion
 fire
 defects of the ship


1.
2.
3.
Passenger must prove:
damage occured
one of the liable persons caused the damage (except
in listed cases)
amount of suffered damage
WHO CAN BE LIABLE?



Carrier
Performing carrier
Their employees
 > carriers are liable only when these cause the
damage working inside their formal duties on
board of ship
LIMITATION

175 000 SDR per passenger and voyage (MC, Art
620)
for all passengers and all incidents in course of one
voyage
 compare to Protocol 2002 – each distinct occasion!

carrier and passenger may explicitly agree on
higher liability limits – does not apply to
performing carrier or employees (Art. 624)
 any clause in the agreement concluded before the
death or personal injury occured, and limiting
carrier’s liability or setting him free, is VOID
(art. 631)

LOSE OF THE RIGHT TO LIMIT LIABILITY
(ART. 623 MC)
if the passenger proves that the damage occured
as a result of activities or omissions which the
carrier had performed, either
a) intentionally or
b) acting recklessly and with knowledge that
damage might occur (dolus eventualis)

> covering full amount of damage (proved)
> it does not apply to a crew member
passengers conduct
- fault of the said passenger or his conduct which
cannot be considered as regular
- > the court shall mitigate the carrier’s liability
(partially) or relieve him therefrom (entirely)
- > if proved by carrier
(art. 619 MC)

PROTOCOL 2002 (TO ATHENS
CONVENTION)
1.
two-tier liability system – only if caused by a
shipping incident*
1.
2.
2.
higher liability limits
1.
2.
3.
4.

First tier – strict liability
Second tier – fault-based (presumed) liability
250 000 SDR - unless the carrier proves that the incident
resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional,
inevitable and unavoidable character; or was wholly
caused by an act or omission performed by a third party
with the intent of causing the incident
400 000 SDR- unless the carrier proves that the incident
which caused the loss occurred without the fault or
neglect of the carrier
on each distinct occasion!
obligation to compulsory insurance + direct claim
Croatia is a Party (in force since April 2014)
IMO RESERVATIONS (2006)
considered as a lex specialis in relation to the
2002 Protocol
 reservation concerning a limitation of liability for
carriers and a limitation for compulsory
insurance for acts of terrorism (state of the
insurance market)
 new provisions in respect to limits for carriers
liability in respect to the death of or personal
injury to a passenger caused by any war risks >
250,000 SDR in respect of each passenger on
each distinct occasion; or 340 million SDR overall
per ship on each distinct occasion

CONTRACT OF CARRIAGE
OF LUGGAGE BY SEA
LUGGAGE

Carriage of passengers and their luggage – one
contract
luggage = any article carried by the carrier under
a contract of carriage, or vehicle, 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

C
A
B
I
N
L
U
G
G
A
G
E
luggage
which the
passenger
has in his
cabin or is
otherwise in
his
possession,
custody or
control.
Includes
luggage
which the
passenger
has in or on
his vehicle*
LIMIT OF LIABILITY FOR LOSS OF OR
DAMAGE TO LUGGAGE
CABIN LUGGAGE max. (833 SDR) 2250 per
passenger, per carriage
 VEHICLES including all luggage carried in or on
the vehicle max. (3,333) 12700 SDR per vehicle,
per carriage
 OTHER luggage max.(1,200) 3375 SDR per
passenger, per carriage
 Agreement on deductibles

RIGHTS OF PASSENGERS IN
THE EU
•
Third maritime safety package
 Regulation EC 392/2009 (23 April 2009) on the
liability of carriers of passengers by sea in the
event of accidents → implementing solution from
Athens Convention 2002 and IMO reservations
 Croatia and EU are parties to Protocol 2002 – in
force since April 2014

REGULATION 392/2009
Applicable to international carriage (art 9) and
any carriage inside a MS for certain categories of
ships (A, B according to Directive 918/18/EC),
 IF:
(a) the ship is flying the flag of or is registered in a
Member State;
(b) the contract of carriage has been made in a
Member State; or
(c) the place of departure or destination, according
to the contract of carriage, is in a Member State.

REGULATION 392/2009 – IMPORTANT
CONTENT
IMO Reservations have a character of lex
specialis in regard to Athens Convention
 Obligation to inform passengers on their rights
before or on the departure at the latest
 Advance payment – only if caused by shipping
incident (min. 21 000 € in case of death)
 Mobility equipment - compensation shall
correspond to the replacement value of the
equipment concerned or to the costs relating to
repairs

REGULATION 1177/2010


Applicable since Dec 2012
regulating rights of passengers in cases of
A) CANCELLATION, or
 B) DELAY for more than 90 minutes beyond its scheduled
time of departure
Passengers shall be offered free of charge snacks, meals or
refreshments in reasonable relation to the waiting time,
provided they are available or can reasonably be supplied

If a stay of one or more nights or a stay additional to
that intended by the passenger becomes necessary,
carrier shall offer passengers free of charge, adequate
accommodation on board, or ashore, and transport to
and from the port terminal and place of accommodation
in addition
passenger has a right to choose to be

a) RE-ROUTED - to the final destination,
under comparable conditions, as set out in the
transport contract, at the earliest opportunity
and at no additional cost;

b) REIMBURSED for the ticket price and,
where relevant, a return service free of charge to
the first point of departure, as set out in the
transport contract, at the earliest opportunity

DELAY IN ARRIVAL
compensation in cases of a delay in arrival at the
final destination as set out in the transport
contract
 Setting minimum level of compensation:25 % of
the ticket price

Duration of carriage
Relevant delay
≤ 4 hours
1 hour or more
>4 ≤ 8 hours
2 hours or more
>8 ≤ 24 hours
3 hours or more
> 24 hours
6 hours or more