LLMC & ATHENS CONVENTION

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

GROSS TONNAGE OF VESSEL	FOR LOSS OF LIFE OR INJURY TO PERSONS	FOR LOSS OF OR DAMAGE TO PROPERTY	FOR LOSS OF LIFE OR INJURY TO PASSENGERS
	(LIFE CLAIMS)	(PROPERTY CLAIMS)	(PASSENGER CLAIMS)
<= 2000 GRT	2 MILLION SDR	1 MILLION SDR	175,000 SDRs MULTIPLIED BY THE NUMBER OF PASSENGERS THE VESSEL IS CERTIFIED TO CARRY ACCORDING TO THE SHIP’S CERTIFICATE.
2001 TO 30000 GRT	2MN SDR + 800 SDR/TON ABOVE 2000	1MN SDR + 400 SDR/TON ABOVE 2000
30001 TO 70000 GRT	AMOUNT ABOVE + 600 SDR/TON ABOVE 3000	AMOUNT ABOVE + 300 SDR/TON ABOVE 3000
>=70000 GRT	AMOUNT ABOVE + 400 SDR/TOM ABOVE 70000	AMOUNT ABOVE + 200 SDR/TOM ABOVE 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,
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