The Athens Convention governs the liability of carriers to travellers in respect of accidents
occurring throughout international sea travel. Much of the accidents that occur at sea
are governed by the Athens Convention. The Convention is also not expected to be largely
impacted as a result of the UK’s departure from the EU.
What is covered?
- The carrier is liable for death or personal injury damages if the incident occurred during carriage and was the fault of the carrier or affiliates.
- The carrier may be liable for psychiatric injuries, unlike under the Montreal Convention.
- The incident must occur during carriage, the course of embarkation or disembarkation.
- There is no strict liability rule under the Athens Convention which means you would have to prove negligence on the part of the carrier, not just that an accident has occurred.
The carrier may be liable for:
- The injury sustained
- Loss of earnings as a result of the injury
- Suffering caused by the injury
- Expenses incurred due to the injury
- The cost of a holiday was negatively affected.
What is not covered?
‘Injuries sustained whilst the passenger is in a marine/port terminal or station/quay’.
How long do I have to make a claim?
You have generally 2 years to begin your claim. You must do your best to be quick and proactive to meet this timeframe.
How can I make a claim?
- You could independently pursue a claim directly with the carrier, by writing a complaint to them. Utilise the customer service department for guidance as to who deals with claims and complaints. Many companies have pre-prepared forms which are used to register complaints.
- There is a wide choice of jurisdictions under the Athens Convention and you will likely be able to bring the case to the Courts of England and Wales. However, experienced lawyers can assess your best options effectively.
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