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The Conventions

Download Status of International Conventions (PDF)

Maritime claims

Relevant conventions are:

International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships 1957
1979 Protocol to 1957 Convention
Convention on Limitation of Liability for Maritime Claims, 1976 (‘LLMC Convention 76’)
Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims (‘LLMC Protocol 96’).

Calculating the limitation figure

The daily conversion rates for SDRs can be found on the International Monetary Fund website:

OPEN SDR EXCHANGE RATE

Passenger claims

Relevant conventions are:

Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (‘PAL Convention 74’)
Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (‘PAL Protocol 76’)
Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (‘PAL Protocol 90’)
Protocol of 2002 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (‘PAL Protocol 02’)

PAL Convention 74 establishes liability for death, personal injury or damage to luggage due to fault or neglect of carrier.

PAL Protocol 02 is in force as of 23 April 2014

Unless the carrier acted with intent to cause damage, liability for death or personal injury can be limited to 46,666 SDR (per PAL Protocol 76). The PAL Protocol 02 (in force as of 23 April 2014) raises that limit to 250,000 SDR, or 400,000 SDR if fault can be proven.

Comparison of Conventions

Persons entitled to limit

1957 Convention

Owner.

1976 Convention

Owner, Charterer, Manager or Operator.
Salvor, any person for whose act, neglect or default, those listed at a) + b) are responsible.
An insurer of liability for claims subject to limitation.

1996 Protocol

As 1976 Convention, save that state parties may make special provision for loss of life/personal injury claims.

(a) Limitation for loss of life or personal injury claims

3,100 gold francs per ton.
Under 1979 Protocol, 206.67 SDR per ton.

Up to 500 tons 333,000 SDR, plus for each additional ton:

501–3,000 tons 500 SDR
3,001–30,000 tons 333 SDR
30,001–70,000 tons 250 SDR
70,001 tons up 167 SDR

Up to 2,000 tons 2,000,000 SDR, plus for each additional ton:

2,001–30,000 800 SDR
30,001–70,000 600 SDR
70,001 up 400 SDR

(b) Limitation for other claims and loss of life/personal injury claims to the extent that (a) is insufficient.

1,000 gold francs per ton.

Up to 500 tons 167,000 SDR, plus for each additional ton:

501–30,000 tons 167 SDR
30,001–70,000 tons 125 SDR
70,001 tons up 83 SDR

Up to 2,000 tons 1,000,000 SDR, plus for each additional ton:

2,001–30,000 tons 400 SDR
30,001–70,000 tons 300 SDR
70,001 tons up 200 SDR

Limitation for passenger claims

No separate provision.

46,666 SDR multiplied by the number of passengers the vessel is certified to carry, subject to a maximum of 25,000,000 SDR

175,000 SDR multiplied by the number of passengers the ship is certified to carry.

Tonnage calculation

Net tonnage plus engine room space.

GRT calculated in accordance with the London Tonnage Convention 1969.