LAW

LLC AND ATHENS CONVENTION

QUESTIONS ASKED:
1. WHAT CLAIMS ARE COVERED UNDER LLMC? (JAN 08)
2. WITH REFERANCE TO LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976, WHAT CLAIMS ARE
SUBJECT TO LIMITATION AND EXCLUDED FROM LIMITATION. (AUG 08)
3. WHAT ARE THE CARRIERS LIABILITIES UNDER THE ATHENS CONVENTION IN THE EVENT OF
DEATH / INJURY TO PASSENGER AND LOSS OF CABIN BAGGAGE? (JAN 08, MAY 09)

THE LLMC CONVENTION (LIMITATION OF LIABILITY FOR MARINE CLAIMS) 1976 REPLACES THE
1957 CONVENTION WHICH WAS SIGNED IN BRUSSELS.

THE CLAIMS WHICH ARE COVERED UNDER THIS ARE:

1. DEATH OR PERSONNEL INJURY TO PERSONS,
2. DELAY IN CARRIAGE OF CARGO, PASSENGERS OR LUGGAGE,
3. PROPERTY CLAIMS,
4. THE CLAIMS ARISING OUT OF SALVAGE CONTRACTS,

THE CLAIMS EXCLUDED ARE:

1. CLAIMS FOR SALVAGE AWARDS, INCLUDING AWARDS FOR SPECIAL COMPENSATION,
2. CLAIMS FOR GENERAL AVERAGE,
3. CLAIMS ARISING OUT OF OIL POLLUTION,
4. CLAIMS ARISING OUT OF HNS POLLUTION,
5. CLAIMS RELATED TO REMOVAL OF WRECKS,
6. CLAIMS BY MEMBERS OF CREW, MASTER OR SERVANTS OF THE OWNER.

LIMITS OF LIABILITY

FOR LOSS OF LIFE FOR LOSS OF OR FOR LOSS OF LIFE

GROSS TONNAGE OF
OR INJURY TO DAMAGE TO OR INJURY TO
VESSEL
PERSONS PROPERTY PASSENGERS
(PASSENGER
(LIFE CLAIMS) (PROPERTY CLAIMS)
CLAIMS)

<= 2000 GRT 2 MILLION SDR 1 MILLION SDR

175,000 SDRs
MULTIPLIED BY THE
2MN SDR + 800 1MN SDR + 400
NUMBER OF
2001 TO 30000 GRT SDR/TON ABOVE SDR/TON ABOVE
PASSENGERS THE
2000 2000
VESSEL IS
AMOUNT ABOVE + AMOUNT ABOVE +
CERTIFIED TO
30001 TO 70000 GRT 600 SDR/TON ABOVE 300 SDR/TON ABOVE
CARRY ACCORDING
3000 3000
TO THE SHIP’S
AMOUNT ABOVE + AMOUNT ABOVE +
CERTIFICATE.
>=70000 GRT 400 SDR/TOM ABOVE 200 SDR/TOM ABOVE
70000 70000

THE ATHENS CONVENTION

THE ATHENS CONVENTION WAS ADOPTED IN 1974 IN ATHENS. IT DECLARES A CARRIER LIABLE FOR
DAMAGE SUFFERED BY THE PASSENGER IF THE DAMAGE OCCURRED DURING THE COURSE OF
CARRIAGE AND OCCURRED DUE TO THE FAULT OF THE CARRIER.
THE CARRIERS LIABILITIES PER PASSENGER PER CARRIAGE PRESENTLY ARE:
1. FOR THE DEATH OF OR INJURY TO A PASSENGER = 175,000 SDR,

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2. FOR LOSS OF OR DAMAGE TO CABIN BAGGAGE = 1800 SDR,
3. FOR LOSS OF OR DAMAGE TO VEHICLE OR BAGGAGE IN IT = 10000 SDR,
4. FOR OTHER BAGGAGE = 1200 SDR.
2002 PROTOCOL (PRESENTLY NOT IN FORCE)
1. PRESENT A REQUIREMENT OF COMPULSORY INSURANCE TO COVER PASSENGERS ON SHIPS AND
ALSO RAISES THE LIMITS OF LIABILITY,
2. ALSO INTRODUCES OTHER MACHANISMS TO ASSIST PASSENGERS IN OBTAINING COMPENSATION
BASED ON WELL ACCEPTED PRINCIPLES.

LIMITS OF LIABILITIES
1. THE STRICT LIABILITY OF THE CARRIER FOR THE DEATH OF OR INJURY TO PASSENGERS IS
LIMITED TO 250,000 SDRs PER PASSENGER ON EACH DISTINCT OCCASION. IF THE LOSS EXCEEDS
THIS VALUE, THE CARRIER IS FURTHER LIABLE TO A MAXIMUM LIMIT OF 400,000 SDRs PER
PASSENGER ON EACH DISTINCT OCCASION UNLESS THE CARRIER PROVES THAT THE INCIDENT
WHICH CAUSED THE LOSS OCCURRED WITHOUT THE FAULT OR NEGLECT OF CARRIER.
2. FOR LOSS OF OR DAMAGE TO CABIN BAGGAGE = 2250 SDR PER PASSENGER PER CARRIAGE,
3. FOR LOSS OF OR DAMAGE TO VEHICLE OR BAGGAGE IN IT = 12000 SDR PER VEHICLE,
4. FOR OTHER BAGGAGE = 3375 SDR PER PASSENGER PER CARRIAGE