Athens Convention 1974

The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (1974) is an international maritime treaty that establishes liability rules for passenger injuries, deaths, and luggage loss or damage during sea travel. Here are its salient features:

1. Scope of Application

• Applies to international carriage of passengers by sea on ships registered in a contracting state or under a contracting state’s law.
• Covers commercial voyages, including cruises and ferries, but may exclude domestic transport under national laws.

2. Liability for Passenger Death/Injury

• Strict Liability (Presumed Fault):
  • The carrier is automatically liable for passenger injury or death up to a financial limit, unless they prove the incident resulted from:
    • An act of war/natural disaster (force majeure),
    • The passenger’s own negligence, or
    • A third party’s intentional act.
• Higher Liability for Negligence:
  • If the carrier is proven negligent, liability limits may be exceeded.

3. Compensation Limits (as amended by the 2002 Protocol)

• Death or Injury: 250,000 SDR (Special Drawing Rights, ~USD 330,000) per passenger.
• Luggage Loss/Damage:
  • Cabin Luggage: 2,250 SDR (~USD 3,000)
  • Vehicles & Contents: 12,700 SDR (~USD 17,000)
  • Other Luggage: 3,375 SDR (~USD 4,500)

4. Mandatory Insurance Requirement (2002 Protocol)

• Carriers must maintain insurance or financial security (e.g., P&I Club coverage) to cover claims.
• Direct Action: Passengers can sue insurers directly.

5. Time Limits for Claims

• Injury/Death: 2 years from disembarkation or incident (whichever is later).
• Luggage Claims: 15 days for apparent damage; 60 days for non-apparent damage.

6. Defenses Available to Carriers

• Contributory Negligence: Compensation may be reduced if the passenger’s actions contributed to the harm.
• Force Majeure: No liability for unforeseeable events like wars or natural disasters.

7. Jurisdiction & Enforcement

• Claims can be filed in:
  • The carrier’s principal place of business,
  • The place of departure/destination, or
  • The passenger’s habitual residence (if the carrier operates there).

8. 2002 Protocol (Athens Convention 2002)

• Introduced stricter liability, higher compensation limits, and mandatory insurance.
• Adopted after the MS Estonia sinking (1994) to enhance passenger protection.

Significance

• Provides uniform liability rules for passenger claims, balancing carrier responsibilities and passenger rights.
• Many countries (including EU members) have ratified the 2002 Protocol, while others follow the original 1974 version.

Would you like details on a specific country’s implementation or case law?