Guidance

Rights of passengers travelling by sea in the event of an accident

Updated 14 December 2022

This document intends to help passengers using ferries and cruises to understand their rights, in respect of compensation in the event of an accident at sea. It provides a summary of retained Regulation (EU) No 392/2009, which came into force on 31 December 2012. This Regulation was amended by Regulation 6 of the Merchant Shipping (Passenger Rights) (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/649), which came into force on 31 December 2019 and is hereafter referred to as “the Regulations”.

The Regulations implement the Athens Convention 1974 relating to the Carriage of Passengers and their Luggage by Sea (as amended by the Protocol of 2002).

Summary

The Regulations implement the main provisions of the 1974 Athens Convention (as amended by the Protocol of 2002) relating to the carriage of passengers and their luggage by sea.

The Regulations apply to vessels engaged on international journeys by sea provided that:

• the ship is registered in the UK, or
• the contract of carriage has been made in the UK, or
• the place of departure or destination or both, according to the contract of carriage, are in the UK

The Regulations also apply to certain types of domestic carriage within the UK.

The Regulations cover liabilities in respect of passengers, their luggage, vehicles and mobility equipment in the event of an accident.

1. Providing information on passenger rights

1.1 The carrier shall provide information to the passengers prior to or on departure to the extent this Regulation applies to their carriage.

Where the contract of carriage is made in the UK, passengers must be provided with appropriate and clear information from the carrier regarding their rights. This information should be provided at all points of sale, including by telephone and the internet. Where the place of departure is in the UK, that information shall be provided prior to departure. In all other cases it should be provided at the latest on departure.

2. Rights of passengers

2.1 Right to compensation for death or personal injury

Shipping incident

The passenger has a right to compensation from the carrier of up to 250,000 Special Drawing Rights (SDR) ^{[footnote 1]} in any event; excluding circumstances beyond the carrier’s control (for example, an act of war, natural disaster or an act of a third party).

Compensation can go up to 400,000 SDR unless the carrier proves that the incident was not the fault or neglect of the carrier. An explanation of SDR may be found at the end of this document.

Non-shipping incident

The passenger has a right to compensation from the carrier of up to 400,000 SDR, but only if the passenger proves that the incident was the result of the carrier’s fault or neglect.

2.2 Application of the Regulations

As well as applying to vessels engaged on international journeys by sea, the Regulations also apply to Class A and B vessels on domestic sea journeys within the UK. For all other domestic sea journeys separate national limits continue to apply.

The Regulations do not apply to the Crown Dependencies (the Channel Islands and the Isle of Man) or to the Overseas Territories. Nor do they apply to journeys between mainland UK and the Crown Dependencies because such journeys are considered to be neither domestic nor international in nature.

What this means in practice is that for all other domestic sea journeys and for journeys between mainland UK and the Crown Dependencies, where there is no intermediate port of call, and where the carriers principal place of business is in the UK, separate national limits of 300,000 SDRs will continue to apply. For all other carriers the limit of 46,666 SDRs under the 1974 Convention will also continue to apply.

3. Right to compensation for loss or damage to property

3.1 Loss of or damage to cabin luggage

Shipping incident

A passenger has a right to compensation from the carrier of up to 2,250 SDR, unless the carrier proves that the incident was not their fault or neglect.

Non-shipping incident

A passenger has a right to compensation from the carrier of up to 2,250 SDR, but only if the passenger proves that the incident was the result of the carrier’s fault or neglect.

3.2 Loss of or damage to luggage other than cabin luggage

A passenger has a right to compensation from the carrier of up to 12,700 SDR (vehicles, including luggage carried in or on the vehicle) or 3,375 SDR (other luggage), unless the carrier proves that the incident was not their fault or neglect.

3.3 Loss of or damage to valuables

A passenger has a right to compensation from the carrier of up to 3.375 SDR for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments and works of art, only when these have been deposited with the carrier for safe-keeping.

3.4 Right of a passenger with reduced mobility to compensation for loss of or damage to mobility equipment or other specific equipment

Shipping incident

A passenger has a right to compensation from the carrier corresponding to the replacement value or the repair costs of the equipment concerned, unless the carrier proves that the incident was not their fault or neglect.

Non-shipping incident

A passenger has a right to compensation from the carrier corresponding to the replacement value or the repair costs of the equipment concerned, if they prove that the incident was the fault or neglect of the carrier.

3.5 An advance payment in the event of a shipping incident

In case of death or personal injury, a passenger (or other person entitled to damages) has a right to an advance payment to cover immediate needs. The payment shall be calculated on the basis of the damage suffered and shall be made within 15 days. It shall not be less than £18,500 in the event of death.

4. Conditions and exemptions

4.1 Written notice

In case of damage to cabin or other luggage, a passenger must give timely written notice to the carrier. Failure to do so will result in the passenger losing their right to compensation.

In cases of apparent damage, written notice must be given before or at disembarkation for cabin luggage, and before or at re-delivery for other luggage. In cases of non-apparent damage to or loss of luggage, written notice must be given within 15 days from disembarkation or re-delivery (or scheduled re-delivery in the event of loss of the luggage)

4.2 Time limits for exercise of the passenger’s rights

In general, any claim for damages before a court must be made within 2 years. The starting point of this limitation period may differ depending on the nature of the loss.

4.3 Exemptions concerning liability

The liability of the carrier can be reduced if it is proved that the death or personal injury to a passenger, or the loss of or damage to their property was caused or contributed to by the passenger.

The limits on the different amounts for compensation will not apply if it is proved that the damage resulted from something done by the carrier (or employee) with the intent to cause damage or knowing that such damage would probably result.

1. SDR means Special Drawing Rights for the UK as a member of the International Monetary Fund (IMF). At the time of publication, 1SDR = £1.08. Visit the IMF’s page for more information and SDR conversion rates for SDR. ↩