ABSTRACT
This chapter recognizes the great importance of the carriage of passengers by sea and also by inland waterways. However, acknowledging that the 1976 Convention on the Contract for International Carriage of Passengers and Luggage by Inland Waterway never entered into force and, consequently, that there is no international regime in force regulating the carriage of passengers in inland waterways, this chapter focuses on carriage by sea by providing an overview of the provisions of international treaties as well as European legislation aimed at protecting the interests of passengers carried by sea and safeguarding their rights including the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974 and the 2002 Protocol thereto; Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents; Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 and Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004; as well as Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC among others. Moreover, the interplay between the regime created by the Athens Conventions and the European system for the protection of sea passengers’ rights is analysed. Finally, it is argued that, despite the apparent advantages brought by the international and EU instruments, large areas of passenger law and law relevant to the cruise industry remain to be covered by national consumer laws; hence, states are encouraged to embed the principles discussed in the chapter into their national framework regulating sea passengers’ rights.
