The Rights of Passengers in the Event of Death and Personal Injury on Board a Cruise Ship Under the 1974 Athens Convention and its 2002 Protocol - the Implementation of the Convention and The 2002 Protocol

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DOI:

https://doi.org/10.7225/toms.v10.n01.022

Keywords:

Passenger rights, Cruise ship, Athens Convetion, PAL PROT 2002, Regulation 392/2009, 2006 IMO Reservation and Guidelines, EU Directive 90/314, EU Directive 2015/2302

Abstract

The rights of cruise ship passengers in the event of death and personal injury are dependent upon conditions under which carriers are liable and the extent of their liability. The development of the cruise industry necessitated the establishment of a regime of liability for loss suffered by passengers during voyage, that has been regulated by the Athens Convention and its 2002 Protocol. In the very beginnings of the cruise industry, transportation standards were much lower than today, with less attention paid to the needs of the passengers in terms of safety and legal standing. When the SOLAS Convention entered into force, a number of safety standards were designed to ensure passenger protection and safety, while the Athens Convention regulated and harmonized the legal status of passengers. Various other organizations also made a great contribution in this respect. In addition to the above, Regulation (EC) No 392/2009, the 2006 IMO Reservation and Guidelines, Directive 90/314/EEC and Directive (EU) 2015/2302, which contributed to the legal protection of passengers, need be mentioned.

The rights granted under the Athens Convention will be compared with EU regulations and directives. The ratification process, the most important provisions, the progress achieved through the application of the Convention and the implementation process will be analysed. The development strategy and SWOT analysis can assist states with their decision on the ratification of the Convention and its Protocol. The aim is to draw conclusions about the legal effects of the implementation of the Convention in member states, based on a comprehensive analysis, and to provide passengers with information on their rights in international carriage

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Published

2021-04-20

How to Cite

Vujičić, S., Milošević-Pujo, B. and Gašpar, V. . (2021) “The Rights of Passengers in the Event of Death and Personal Injury on Board a Cruise Ship Under the 1974 Athens Convention and its 2002 Protocol - the Implementation of the Convention and The 2002 Protocol”, Transactions on Maritime Science. Split, Croatia, 10(1). doi: 10.7225/toms.v10.n01.022.

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Regular Paper
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