The passage contract, liability and assurance of the passengers carrier

Identifier:  TFG:172

Handle: https://hdl.handle.net/20.500.11797/TFG172

Authors:  Solé Ruiz, Lidia

Abstract:
The purpose of this essay is to deal with maritime passenger transport and to analyze the passage contract, the liability of the passenger carrier and the assurance by two different insurances, not only from an international but also national point of view. Firstly, the passage contract is a contract of carriage arranged by a carrier —or on behalf of a carrier— on the transport by sea of a passenger with or without his luggage. This contract, which is characterized as a lease work, is consensual, as well as onerous, and involves bilateral and mutually binding obligations for both the passenger and the carrier. Secondly, the carrier’s liability is monitored at both international and national regulations. It deals with the damage that may violate both the passenger and his baggage. Moreover, it is necessary to keep in mind the disclaimers and limitation of liability and the famous Himalaya Clause, which extends the limitation to carrier dependents. Finally, the liability’s assurance rests on two different but compatible insurances: a liability insurance covers any liability of the carrier and it is usually hired in P & I Clubs, and an accident insurance, SOV, which extends coverage to accidents that can occur in transport.