Passengers

Passenger Tickets

Liabilities to passengers can arise under statute, contract or in negligence. The controlling contract will be the terms of the ticket issued to the passenger. The passenger must receive the terms of the contract a reasonable time before boarding the vessel. If the ticket is only received shortly before boarding a court may decide that the passenger has had no reasonable opportunity to consider the provisions in the contract and that therefore the passenger is not bound by them.

The Club should be provided with the terms of any passenger tickets being used by the Member when entering vessels with the Club and of any subsequent amendments to the terms. The Club will make recommendations if necessary to ensure that the terms and format of the ticket are as effective as possible and comply with the requirements of the Club Rules. General guidelines are as follows:

• Exclusion clauses, limitation periods and forum must be brought to the passenger’s attention by means of bold type on the cover of the ticket, the ticket folder and the relevant brochure. Appropriate warnings should also be placed in travel agents, at booking offices and at boarding points.
• The terms of the ticket must be clearly expressed.
• A suitable time limit for the making of claims – for example 6 months – should be included in the contract terms.
• The carrier should exclude liability for the negligence of independent sub-contractors such as concessionaires and medical practitioners.

Passenger liabilities in many jurisdictions are governed by local legislation based on the Athens Convention. The general guidelines for the handling of illness and injury claims given above are equally applicable to passengers as to crew. Remember that it is extremely important to ensure that the passenger receives the highest standard of medical attention and care so that the resulting claims are not increased.

Claims for compensation by passengers on board following a physical casualty to the ship or any threat to the passengers life, health or safety can involve very complex legal issues and large numbers of claimants and it is, as ever, very important to involve the Club at the earliest possible stage so that appropriate legal advice can be taken at the initial stages of the incident.