THE STATES PARTIES TO THIS CONVENTION,
HAVING RECOGNIZED the
desirability of determining by agreement certain rules relating to the
carriage of passengers and their luggage by sea;
HAVE DECIDED to conclude a
Convention for this purpose and have thereto agreed as follows:
ARTICLE 1
Definitions
In this Convention the following
expressions have the meaning assigned to them:
- "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;
- "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;
- "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;
- "ship" means only a
seagoing vessel, excluding an air-cushion vehicle;
- "passenger" means
any person carried in a ship,
- under a contract of
carriage, or
- 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;
- "luggage" means any
article or vehicle carried by the carrier under a contract of carriage,
excluding:
- articles and vehicles
carried under a charter party, bill of lading or other contract
primarily concerned with the carriage of goods; and
- live animals;
- "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;
- "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;
- "carriage" covers
the following periods:
- 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
embarkation or 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;
- 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;
- 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;
- "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:
- "Organization"
means the Inter-Governmental Maritime Consultative Organization.
ARTICLE 2
Application
- This Convention shall apply to
any international carriage if:
- the ship is flying the
flag of or is registered in a State Party to this Convention, or
- the contract of carriage
has been made in a State Party to this Convention, or
- the place of departure or
destination, according to the contract of carriage, is in a State
Party to this Convention.
- 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
- 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 of his servants or
agents acting within the scope of their employment.
- 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.
- 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 of 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
- 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.
- 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.
- Any special agreement under
which the carrier assumes obligations not imposed by this Convention or
any waiver of rights conferred by this Convention shall affect the
performing carrier only if agreed by him expressly and in writing.
- Where and to the extent that
both the carrier and the performing carrier are liable, their liability
shall be joint and several.
- 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 of 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 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.
- Notwithstanding paragraph 1 of
this Article, the national law of any State Party to this Convention may
fix, as far as carriers who are nationals of such State are concerned, a
higher per capita limit of liability.
ARTICLE 8*
Limit of
liability for loss of or damage to luggage
- The liability of the carrier
for the loss of or damage to cabin luggage shall in no case exceed 12,500
francs per passenger, per carriage.
- 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 50,000 francs per vehicle, per
carriage.
- 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 18,000 francs
per passenger, per carriage.
- The carrier and the passenger
may agree that the liability of the carrier shall be subject to a
deductible not exceeding 1,750 francs in the case of damage to a vehicle
and not exceeding 200 francs per passenger in the case of loss of or
damage to other luggage, such sum to be deducted from the loss or damage.
* Other than for the purposes of
section
25, reference should be made to the amendments of these provisions
effected by Article II of the 1976 Protocol.
ARTICLE 9*
Monetary unit
and conversion
- The franc mentioned in this
Convention shall be deemed to refer to a unit consisting of 65.5
milligrams of gold millesimal fineness 900.
- The amounts referred to 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 official value
of that currency, by reference to the unit defined in paragraph 1 of this
Article, on the date of the judgment or the date agreed upon by the
parties. If there is no such official value, the competent authority of
the State concerned shall determine what shall be considered as the
official value for the purpose of this Convention.
* Other than for the purposes of
section
25, reference should be made to the amendments of these provisions
effected by Article II of the 1976 Protocol.
ARTICLE 10
Supplementary
provisions on limits of liability
- The carrier and the passenger
may agree, expressly and in writing, to higher limits of liability than
those prescribed in Articles 7 and 8.
- Interest on damages and legal
costs shall not be included in the limits of liability prescribed in
Articles 7 and 8.
ARTICLE 11
Defences 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 defences and limits of liability which the carrier or
the performing carrier is entitled to invoke under this Convention.
ARTICLE 12
Aggregation of
claims
- 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.
- 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.
- 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
- 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.
- 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
- The passenger shall give
written notice to the carrier or his agent:
- in the case of apparent
damage to luggage:
- (for cabin luggage,
before or at the time of disembarkation of the passenger;
- for all other
luggage, before or at the time of its redelivery;
- in the case of damage to
luggage which is not apparent, or loss of luggage, within fifteen days
from the data of disembarkation or re-delivery or from the time when
such re-delivery should have taken place.
- If the passenger fails to
comply with this Article, he shall be presumed, unless the contrary is
proved, to have received the luggage undamaged.
- 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
- 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.
- The limitation period shall be
calculated as follows:
- in the case of personal
injury, from the date of disembarkation of the passenger;
- 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;
- 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.
- 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 of the passenger or from the date when disembarkation
should have taken place, whichever is later.
- Notwithstanding paragraphs 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
- An action arising under this
Convention shall, at the option of the claimant, be brought before one of
the courts listed below, provided that the court is located in a State
Party to this Convention:
- (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.
- After the occurrence of the
incident which has 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 a nuclear incident:
- if the operator of a
nuclear installation is liable for such damage under either the Paris
Convention of 29 July 1960 on Third Party Liability in the Field of
Nuclear Energy as amended by its Additional Protocol of 28 January
1964, or the Vienna Convention of 21 May 1963 on Civil Liability for
Nuclear Damage, or
- 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 is
in all respect 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.
ARTICLE 22
Declaration of
non-application
- Any Party may at the time of
signing, ratifying, accepting, approving or acceding to this Convention,
declare in writing that it will not give effect to this Convention when
the passenger and the carrier are subjects or nationals of that Party.
- Any declaration made under
paragraph 1 of this Article may be withdrawn at any time by a notification
in writing to the Secretary-General of the Organization.
ARTICLE 23
Signature,
ratification and accession
- This Convention shall be open
for signature at the Headquarters of the Organization until 31 December
1975 and shall thereafter remain open for accession.
- States may become Parties to
this Convention by:
- signature without
reservation as to ratification, acceptance or approval;
- signature subject to
ratification, acceptance or approval followed by ratification,
acceptance or approval; or
- accession.
- Ratification, acceptance,
approval or accession shall be effected by the deposit of a formal
instrument to that effect with the Secretary-General of the Organization.
ARTICLE 24
Entry into
force
- This Convention shall enter
into force on the ninetieth day following the date on which ten States
have either signed it without reservation as to ratification, acceptance
or approval or have deposited the requisite instruments of ratification,
acceptance, approval or accession.
- For any State which
subsequently signs this Convention without reservation as to ratification,
acceptance or approval, or deposits its instrument of ratification,
acceptance, approval or accession, the Convention shall come into force on
the ninetieth day after the date of such signature or deposit.
ARTICLE 25
Denunciation
- This Convention may be
denounced by a Party at any time after the date on which the Convention
entered into force for that Party.
- Denunciation shall be effected
by the deposit of an instrument with the Secretary-General of the
Organization who shall inform all other Parties of the receipt of the
instrument of denunciation and of the date of its deposit.
- A denunciation shall take
effect one year after the deposit of an instrument of denunciation, or
after such longer period as may be specified in the instrument.
ARTICLE 26
Revision and
amendment
- A Conference for the purpose
of revising or amending this Convention may be convened by the
Organization.
- The Organization shall convene
a Conference of the Parties to this Convention for revising or amending it
at the request of not less than one-third of the Parties.
- Any State becoming a Party to
this Convention after the entry into force of an amendment adopted by a
conference convened in accordance with this Article shall be bound by the
Convention as amended.
ARTICLE 27
Depository
- This Convention shall be
deposited with the Secretary-General of the Organization.
- The Secretary-General of the
Organization shall:
- inform all States which
have signed or acceded to this Convention of:
- each new signature and
each deposit of an instrument together with the date thereof;
- the date of entry
into force of this Convention;
- any denunciation of
this Convention and the date on which it takes effect;
- transmit certified true
copies of this Convention to all signatory States and to all States
which have acceded to this Convention.
- Upon entry into force of this
Convention, a certified true copy thereof shall be transmitted by the
Secretary-General of the Organization to the Secretariat of the United
Nations for registration and publication in accordance with Article 102 of
the Charter of the United Nations.
ARTICLE 28
Languages
This Convention is established in
a single original in the English and French languages, both texts being
equally authentic. Official translations in the Russian and Spanish
languages shall be prepared by the Secretary-General of the Organization
and deposited with the signed original.
IN WITNESS WHEREOF the
undersigned being duly authorized for that purpose have signed this
Convention.
DONE at Athens this thirteenth
day of December one thousand nine hundred and seventy-four.
(Here follow signatures on behalf
of certain States). |