chapter  6
Carriage of Passengers
ByMichael Tsimplis
Pages 16

Carriage of passengers between different States has however been governed for many years by the 1974 Athens Convention, which entered into force in 1987. The liability regime covers passengers from the point of embarkation until disembarkation. Liability for death or personal injury, which did not occur in a shipping incident, is fault based only, with the burden of proving the fault falling on the claimant passenger. The carrier's liability covers any article or vehicle carried under the ticket but excludes things carried under a charterparty, a bill of lading or other shipping document "primarily concerned" with the carriage of goods as well as live animals. Liability for loss or damage of valuables and money is excluded altogether, unless these effects were handed to the carrier for safekeeping. The 2002 Athens Convention requires compulsory liability insurance accompanied by a right of direct action against the liability insurer.