ABSTRACT

The chapter analyses the international regime providing compensation for personal injuries for passengers travelling on a cruise ship. The cruise shipping companies offer passengers the top facilities of a holiday resort in addition to travelling to most destinations in the world. The risks associated with cruising can be of both a maritime and a land (hotel) nature since the passengers move freely on board ship and participate in a variety of activities during the cruise. Additionally, while at sea the ship is exposed to all kinds of danger pertinent to any ship. Thus, in certain cases the carrier is entitled to exclude or limit its liability for certain types of loss or damage.

The main goal of the chapter is to examine liability and compensation in relation to international sea passengers, focusing mainly on sea cruise passengers. Notably, these claims are more complex than those for ordinary passenger carriage owing to the nature of cruising. The current international regime pertaining to passengers is embodied in the Athens Convention 2002. There are also instruments at EU level which need to be examined, including the new Directive (EU) 2015/2302 on package travel and linked travel arrangements.