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
Highlights
The safety and protection of passengers and crew on board ships are crucial elements for ship operators or carriers.11
This paper focuses on the regulation of passenger rights on cruise ships, carrier liability, the importance of IMO Reservations and the adoption of the 2002 Athens Convention Protocol (PAL PROT)
The 1974 Athens Convention and the 2002 Protocol lies in the fact that whereas in the former the liability pertained to the carriage of passengers or luggage irrespective of the number of incidents, in the latter the liability pertains to individual incidents
Summary
The safety and protection of passengers and crew on board ships are crucial elements for ship operators or carriers.. 1. Carrier means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by passenger services or cruises to the general public; Trans. This paper focuses on the regulation of passenger rights on cruise ships, carrier liability, the importance of IMO Reservations and the adoption of the 2002 Athens Convention Protocol (PAL PROT). The International Maritime Organization (IMO4) has adopted a number of conventions and rules to improve passenger safety on board ships. According to CLIA, passengers from North America were by far the most numerous passengers in 2018, accounting for approximately 50% of all passengers worldwide They were followed by travellers from Western Europe, with half of the American share, with Asia coming in third. The paper focuses on the presentation of passenger rights and challenges to the readers
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