CARRIAGE OF PASSENGERS

The shipping accidents with the highest death toll involve passenger ships. As cruise ships and ferries have grown so much in size that they carry several thousands of passengers and over a thousand crew the potential liabilities involved are very large. The carriage of passengers is a contractual matter and for this reason historically carriers sought to reduce their exposure to claims by inserting exception and limitation clauses in addition to the statutory limitation rights they enjoyed. The introduction of legislation dealing with unfair contractual terms and the development of the concept of the consumer are some ways in which national laws have dealt with the contractual defences and limitations. However sea passengers embark and disembark in different jurisdictions while the ticket may have been issued by a different entity from the shipowner who performs the contract. As a result international rules have been developed in the form of the Athens Convention 2002 which provide for strict liability of the carriers, both contracting and performing, for loss of life and personal injury during shipping incidents. This chapter explains the current legal regime, and its “gold plating” under the corresponding European Union Regulation.