IMO IA436E-2003 Passengers and their Luggage (Second Edition).pdf

1、Passengers and their Luggage 2003 Edition Passengers and their Luggage 2003 Edition Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 INTERNATIONAL MARITIME ORGANIZATION London, 2003 First published in 1975 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Emb

2、ankment, London SE1 7SR Second edition 2003 Printed by the International Maritime Organization, London 2 4 6 8 10 9 7 5 3 1 ISBN 92-801-4161-9 1 IMO PUBLICATION 1 I Sales number: IA436E I Copyright 0 IMO 2003 NOTE: The name ofthe Organization as it appears in this publication was changed to “Interna

3、tional Maritime Organization” by virtue ofamendments to the Organizations Convention which entered into force on 22 May 1982. All rights reserved. No pari ofthis publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magneti

4、c tape, mechanical, photocopying or otherwise, without prior permission in writingfrom the International Maritirne Organization. Foreword The Athens Convention relating to the Camage of Passengers and their Luggage by Sea, 1974 (the 1974 Athens Convention), was adopted at the International Legal Con

5、ference on the Carriage of Passengers and their Luggage on Board Ships convened in Greece from 2 to 13 December 1974 at the invitation of the Government of Greece. The 1974 Athens Convention entered into force on 28 April 1987 and, as at August 2003, 29 States have become Parties. Two Protocols to t

6、he Convention were subsequently adopted in 1976 and 1990, respectively. The 1976 Protocol entered into force on 30 April 1989. Its sole purpose was to introduce the Special Drawing Right as defined by the International Monetary Fund as the Unit ofAccount in place ofthe gold franc for the calculation

7、 of compensation. The 1990 Protocol raised the amounts of compensation established by the 1974 Convention and introduced the “tacit acceptance” procedure to be used to amend the limitation amounts. This protocol never came into force. Following extensive debate within IMOS Legal Committee aimed at u

8、pdating the text of the 1974 Athens Convention and bringing it into line with other IMO liability conventions, a Diplomatic Conference was convened at the Headquarters of the International Mantime Organization in London from 21 October to 1 November 2002 to consider an extensive revision of the 1974

9、 Convention. The Conference adopted the Protocol of 2002 to amend the Athens Convention relating to the Carnage of Passengers and their Luggage by Sea (the 2002 Protocol). In particular, the 2002 Protocol introduces the principles of strict liability and compulsory insurance. The 2002 Protocol requi

10、res that, as between the Parties thereto, the 1974 Athens Convention and the 2002 Protocol shall be read as one single instrument. It also (at article 9) effectively incorporates the text of the 1976 Protocol relating to introduction of the Special Drawing Kght. Prior to becoming Parties to the 2002

11、 Protocol, States are required to denounce the 1974 Convention as well as the 1976 and 1990 Protocols, in cases where they have ratified, or acceded to one or both of them. This denunciation should come into effect as from the time the 2002 Protocol enters into force. The 2002 Protocol is also the f

12、irst IMO treaty instrument to introduce (at article 19) a provision allowing a Regional Economic Integration Organization, which is constituted by sovereign States that have transferred competence to it over certain matters governed by the Protocol, to become a Party in its own right. . 111 This pub

13、lication contains the Final Act of the International Legal Conference on the Carriage of Passengers and their Luggage on Board Ships, 1974, the text of the Athens Convention 1974, resolutions 1 and 2, and Understanding of the Conference in Relation to the Participation in the Convention and the Perf

14、ormance of Depositary Functions in relation thereto by the Secretary-General of the Inter-Governmental Mantime Consultative Organization (IMCO). It also contains the Final Act of the International Conference on the Revision of the Athens Convention and the text of the 2002 Protocol. The 1976 Protoco

15、l has not been included. Pursuant to article 20, the 2002 Protocol shall enter into force twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or a

16、ccession with the Secretary-General. This Protocol was opened for signature at the Headquarters of the Organization on 1 May 2003 and wd remain open for signature until 30 April 2004. As at August 2003, no State has yet signed the Convention. iv Contents Final Act of the International Legal Conferen

17、ce on the Carriage of Passengers and their Luggage on Board Ships, 1974 . Attachment 1 - Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 Attachment 2 - Resolutions 1 and 2 Attachment 3 - Understanding of the Conference in Relation to Participation in the Conve

18、ntion and the Performance of Depositary Functions in Relation thereto by the Secretary-General of the Inter-Governmental Maritime Consultative Organization (IMCO) . Final Act of the International Conference on the Revision of the Athens Convention relating to the Carriage of Passengers and their Lug

19、gage Attachment to thc Final Act Resolution 1 - Resolution on regional economic Resolution 2 - Resolution on certificates of insurance by Sea, 1974 integration organizations or other financial security and ships flying the flag of State under the terms of a bareboat charter registration . Resolution

20、 3 - Resolution on framework of good practice with respect to carriers liabilities . Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 1 5 17 19 23 27 29 30 31 V FINAL ACT OF THE INTERNATIONAL LEGAL CONFERENCE ON THE CARRIAGE OF PASSENGER

21、S AND THEIR LUGGAGE ON BOARD SHIPS, 1974 1 Pursuant to Resolution A.248(VII) of 15 October 1971 adopted by the Assembly of the Inter-Governmental Maritime Consultative Organiz- ation, the Council of the Organization decided, at its thirty-second session in June 1974, to convene a diplomatic conferen

22、ce to consider the adoption of a convention on the carriage of passengers and their luggage on board ships. 2 Upon the invitation of the Government of Greece, the Conference was held in Athens from 2 to 13 December 1974. The following States were represented by delegations at the Conference: Algeria

23、 Argentina Australia Austria Belgium Canada Denmark Finland France Germany, Federal Republic of Greece India Indonesia Ir e 1 and Italy Liberia Japan Libyan Arab Republic Netherlands Nigeria Norway Poland Republic of Viet-Nam Spain Sweden Switzerland Thailand Ukrainian Soviet Socialist Union of Sovi

24、et Socialist United Kingdom of Great United States of America Yugoslavia Republic Republics Britain and Northern Ireland 3 Observers: The folowing States were represented at the Conference by Bulgaria Turkey Uruguay At the invitation of the Organization, the following organizations in United Nations

25、 United Nations Development Programme 4 the United Nations system sent Representatives to the Conference: 1 Athens Convention 1974 5 the Conference: The following non-governmental organizations also sent Observers to International Chamber of Shipping International Union of O6cial Travel Organization

26、s International Maritime Committee The Baltic and International Maritime Conference 6 H.E. Mr. A. Papadogonas of the delegation of Greece was elected President of the Conference. Dr. W.E. Mller of the delegation of Switzerland was elected Alternate President of the Conference. The following were ele

27、cted Vice-Presidents: H.EIMr. J.M. Rosa (Argentina) H.E. Mr. M. Gauvin (Canada) Mr. H. Sasmitaatmadja (Indonesia) Mr. M.I. Alege (Nigeria) Mr. Y.D. Gritsenko (USSR) The following officers of the Conference were appointed: Secretary-General Mr. C.P. Srivastava Executive Secretary Mr. T.A. Mensah The

28、Conference established the following Coinmittees: Drafting Committee: Committee on Final Clauses: Secretary-General of the Organization Director, Legal Division Chairman: Dr. F.L. Wiswall, Jr. (Liberia) Chairman: Mr. R. Cleton (Netherlands) Chairman: Dr. B. Amoroso (Italy) Credentials Committee: 9 f

29、ollowing documentation: The Conference had before it and used as a basis for its discussions the - A set of draft articles for an International Convention for the Unification of Certain Rules relating to the Carriage by Sea of Passengers and their Luggage, prepared by the Legal Committee of the Orga

30、nization - Draft final clauses for the said Convention prepared by the Secretariat of the Organization in accordance with a decision of the Legal Committee - Certain draft provisions on a number of questions proposed in the Legal Committee during preparatory work for the Conference - Comments and ob

31、servations on, and suggested amendments to, the above draft articles and provisions submitted by Governments and interested organizations. 10 As a result ofits deliberations, recorded in the reports of the respective Committees, and in the records of the plenary sessions, the Conference 2 Athens Con

32、vention 1974 adopted the ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974, which constitutes Attachment 1 to this Final Act. 11 The Conference also adopted two Resolutions, the texts of which comprise Attachment 2 to this Final Act. 12 The Conference also agree

33、d upon an Understanding in relation to participation in the Convention and the performance of depositary functions in relation thereto by the Secretary-General of the Inter- Governmental Maritime Consultative Organization (IMCO), the text of which comprises Attachment 3. 13 The text of this Final Ac

34、t is deposited with the Secretary-General of the Inter-Governmental Maritime Consultative Organization. It is established in a single original text in the English, French, Russian and Spanish languages. Official translations of the Convention shall be prepared in the Russian and Spanish languages an

35、d shall be deposited with this Final Act. 14 The Secretary-General of the Inter-Governmental Maritime Con- sultative Organization shall send certified copies of this Final Act with the Resolutions of the Conference, certified copies of the authentic texts of the Convention and, when they have been p

36、repared, official translations of the Convention, to the Governments of the States invited to be represented at the Conference in accordance with the wishes of those Governments. IN WITNESS WHEREOF the undersigned have affixed their signatures to this Final Act.* DONE AT ATHENS this thirteenth day o

37、f December, one thousand nine hundred and seventy-four. * Signatures omitted. 3 Attachment 1 ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 The States Parties to this Convention, HAVING RECOGNIZED the desirability of determining by agreement certain rules rel

38、ating to the carriage of passengers and their luggage by sea; HAVE DECIDED to conclude a Convention for this purpose and have thereto agreed as follows: Article 1 Dejnit ions In this Convention the following expressions have the meaning hereby assigned to them: 1 (a) carrier means a person by or on

39、behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier; (b) yeforming carrier means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carr

40、iage; 2 contract ofcarriage means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be; 3 4 sh means only a seagoing vessel, excluding an air-cushion vehicle; passenger means any person carried in a ship, (a) under

41、a contract of carriage, OK (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention; luaage means any article or vehicle carried by the carrier under a (a) articles and vehicles carri

42、ed under a charter party, bill of lading or other contract primarily concerned with the carriage of goods, and 5 contract of carriage, excluding: (b) live animals; 6 cabin luaage means luggage which the passenger has in his cabin or is otherwise in his possesion, custody or control. Except for the a

43、pplication of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle; Athens Convention 1974 7 loss of or damage to luggage includes pecuniary loss resulting from the luggage not having been re-delivered to the passenger within a reason

44、able time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes; 8 carriage covers the following periods: with regard to the passenger and his cabin luggage, the period during which the passenger and/or his

45、 cabin luggage are on board the ship on in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or if the vessel used for this p

46、urpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation; with regard to cabin luggag

47、e, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-deliverd to the passenger; with regard to other luggage which is not ca

48、bin luggage, the period from the time of its taking over by the carrier or his servant or agent on qhore or on board until the time of its re-delivery by the carrier or his servant or agent; 9 international carriage means any carriage in which, according to the contract of carriage, the place of dep

49、arture and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State; 1 O Ovganization means the Inter-Governmental Maritime Consultative Organization. Article 2 Application 1 This Convention shall apply to any international carriage if: (a) the ship is flying the flag of or is registered in a State Party to this Convention, or (b) the contract of carriage has been made in a State Party to this Convention, or (c) the place of departure or d