Athens Convention – what is it?
The Convention provides a scheme for compensating victims of accidents at sea. Provided the cruise ship is flying the flag of, or is registered to, a state which is a signatory to the Convention then it applies. The Convention almost always applies.
Basis of liability under the Convention
If the accident comes about due to a shipping incident – that is shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship or a defect in the ship then liability is absolute. So, for example, if you tripped due to a defective carpet on the ship, the Cruise company is liable.
If, though, for example, you got food poisoning on the ship you would still have to prove negligence to succeed with your claim.
Where can you claim under the Convention?
There are five possibilities: -
- The court of the country where the cruise company has its permanent residence or main place of business.
- The court of the place of where you embark on or disembark from the ship.
- The court of the country where you live if the cruise company has a place of business in the same country.
- A court of the country where the contract for the cruise was made and if the cruise company has a place of business there; and
- You have a direct right of action against the insurer of the cruise company and so if the insurer has a place of business in the same country as you, you can claim there.
Package Holiday Regulations
Cruise holidays are almost always package holidays and so are covered by the Regulations. In terms of the Regulations, you can claim in a court in the country where you live.
Limitation of liability under the Convention
The maximum amount that can be paid in respect of any claim is 400,000 special drawing rights (SDR). At the present rate of exchange this amounts to approximately £364,822. The value of the SDR is not fixed and can fluctuate.
Time limit for claiming
Under the Convention there is a two-year time limit which runs from the date you disembark from the ship.
Which country’s law decides the claim?
If you claim under the Package Holiday Regulations, it is the law provided in the holiday contract Usually this may be English law. If for any reason the Package Holiday Regulations do not apply, then it depends where the accident takes place. There will usually be three possibilities; -
- If the accident occurs while the ship is in port, the law of the country where the ship is docked.
- If the accident occurs while the ship is in the territorial waters of a country, it will be the law of that country; or
- If the accident occurs while the ship is in international waters, it is likely to be the law of the country where the ship is registered and whose flag the ship flies.
If you think you may have a claim and wish to discuss the matter further, please contact us on 0800 988 8082 or complete our online enquiry form.
