Skip to main content

New EU Regulation Increases Liability Limits

As I addressed in my presentation at the Fort Lauderdale Mariners Club seminar on October 24, 2012, a new EU Regulation governing the carriage of passengers will come into force on 31 December 2012. Its provisions will impact on all yacht owners/operators established or operating in the EU and EEA that operate yachts certified to carry more than 12 passengers and where there is a contract of carriage in place with those passengers.
The Regulation essentially gives effect to the key provisions of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by the 2002 Protocol, together with the 2006 IMO Reservation and Guidlijnes for implementation of the Convention covering war risks.
Significant features of the new Regulation are:
  • An increase in liability limits to 400,000 SDRs (approximately Euro 476,000 or USD 620,000 as of 30 October 2012) per passenger.
  • An increase in limits for “valuable belongings” which have been deposited with the yacht to 3,375 SDRs and to 2,250 SDRs for cabin luggage.
  • A requirement of compulsory insurance for yachts involved in the international carriage of passengers and the right of direct action against those yachts’ insurers in the event of an incident.
  • A requirement for advance payments to be made by owners/operators of yachts established within the EU without recognition of liability in respect of certain incidents.
  • To ensure passengers are provided with appropriate/comprehensible information regarding their legal rights prior to departure.
Offences and penalties will apply to the Master or yacht owners/operators for failure to comply with certain provisions of the Regulation.
If you have any additional questions related to this Regulation, please feel free to contact me at mov@chaloslaw.com.

Comments

Popular posts from this blog

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector.       The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl

Maritime Law--U.S. Crewmember Required to Arbitrate Claims Applying Norwegian Law

In Alberts v. Royal Caribbean Cruises, Ltd ., No. 15-14775 (11th Cir. Aug. 23, 2016), the U.S. Court of Appeals for the Eleventh Circuit held that a U.S. citizen, working aboard a Royal Caribbean cruise ship is required to arbitrate his claims against Royal Caribbean. Plaintiff, a United States citizen, worked as the lead trumpeter on a passenger Royal Caribbean cruise ship. The ship is a Bahamian flagged vessel with a home port in Fort Lauderdale, Florida. Royal Caribbean, the operator of the vessel, is a Liberian corporation with its principal place of business in Florida. After plaintiff became ill while working for Royal Caribbean, he filed suit alleging unseaworthiness, negligence, negligence under the Jones Act, maintenance and cure, and seaman’s wages and penalties. Royal Caribbean moved to compel arbitration, and the district court granted the motion. This appeal presented an issue of first impression: Whether a seaman’s work in international waters on a cruise ship

Maritime Law--Jury Hits Royal Caribbean Cruises With $20.3M Verdict for Officer's Hand Injury

In Spearman v. Royal Caribbean Cruises , Case No. 2011-023730-CA-01, a Miami-Dade County, Florida jury has awarded $20.3 million to a former crewmember of Royal Caribbean Cruises, whose hand was crushed while coming to the aid of a fellow worker during an emergency test in 2008. After a three-week trial, the jury found the Miami-based cruise company negligent in operating an unseaworthy ship and 100 percent liable for the injuries suffered by Lisa Spearman, who was working an officer on Royal Caribbean’s Voyager of the Seas . Spearman sued the company in 2011, three years after her right hand was caught in a watertight power door during a fire-safety drill. According to her lawyers, Spearman was trying to prevent the door from closing on the ship’s nurse when her hand was pulled into a recess pocket of the sliding door and crushed.  The nurse allegedly breached the company’s safety protocol when she stumbled through the door, prompting the response from Spearman. Accordin