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For The 1974 Athens Convention On Passengers And Their Luggage By Sea And Its Protocol 1976

Original Language Title: Par 1974.gada Atēnu konvenciju par pasažieru un to bagāžas jūras pārvadājumu un tās 1976.gada protokolu

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The Saeima has adopted and the President promulgated the following laws: The Athens Convention of 1974 on passengers and their luggage by sea and the 1976 Protocol to article 1. the 1974 Athens Convention on passengers and their luggage by sea (hereinafter referred to as the Convention) and its Protocol 1976 (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention and Protocol in English and their translation into Latvian language. 3. article. The Convention shall enter into force article 24 thereof and Protocol — it for the period specified in article IV and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The Ministry of transport in the Convention and the Protocol shall coordinate the fulfilment of the obligations provided for in. The law adopted by Parliament in 2001 on November 1. State v. President Vaira Vīķe-Freiberga in Riga on 14 November 2001 (PAL 1974) Athens Convention Relating to the carriage of Passenger and their Luggag by sea, 1974 (Athens, December 13, 1974) the States parties to this Convention, Having recognized the desirability of determing by agreement certain rules relating to the carriage of passenger and their luggag by sea; Have decided to conclud a Convention for this purpose and have agreed as follows: theret the article 1 Definition In this Convention. the following expressions have the meaning hereby assigned to them: 1. (a) "carrier" means a person by or on behalf of whom a contract of carriage has been concluded, whethers the carriage is actually performed by him or by a performing carrier; (b) "performing carrier" means a person other than the carrier, being the owner, charterer or operator of a ship, who actually perform the whole or a part of the carriage; 2. "contract of carriage" means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his sharp luggag, the case may be; 3. "ship" means only a seagoing vessel, excluding an air-cushion vehicle; 4. "passenger" means any person carried in a ship, (a) under a contract of carriage, or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carrage of goods not governed by this Convention; 5. "luggag" means any article or vehicle carried by the carrier under a contract of carriage, excluding: (a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of the goods, and (b) live animals; 6. "cabin luggag" means in which the passenger luggag has in his cabin or is otherwise in his possession, custody or control. Except for the application of paragraph 8 of this article and article 8, cabins include a the luggag luggag which the passenger has in or on his vehicle; 7. "loss of or damage to luggag" includes pecuniary loss resulting from the not having been re-luggag delivered to the passenger within a reasonable time after the arrival of the ship on which the Office has been luggag or should have been carried, but does not include a delay resulting from a labour dispute; 8. "carriage" covers the following periods: (a) with regard to the passenger and his cabin luggag, the period during which the passenger and/or his cabin on board luggag with the ship or in the course of embarkation or disembarkations, and the period during which the passenger and his cabin is transported by water to luggag from land to the ship or vice-versa , if the cost of such transport is included in the fare or if the vessel used for the purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regards to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other part of the installation; (b) with regard to cabin luggag, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that has been taken over by luggag the carrier or his servant or agent and has not been re-delivered to the passenger; (c) with regards to others-which is not luggag luggag cabins, the period from the time of its taking over by the carrier or his servant or agent onshore or on board until the time of its re-delivery by the carrier or his servant or agent; 9. "international carriage" means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State. Article 2 Application 1. This Convention shall apply to any international carriage if (a) the ship is flying the flag of or is registered in a State Party to this Convention, or (b) the contract of carriage has been made in a State Party to this Convention, or (c) the place of departure or destination, according to the contract of carriage , is in a State Party to this Convention. 2. Notwithstanding paragraph 1 of this article, the Convention shall not apply this when the carriage is subject, under any other international convention concerning the carriage of the passenger or by another mode of luggag transport, to a civil liability regime under the provision of such convention, in so far as those provision have mandatory application to carriage by sea. Article 3 Liability of the carrier 1. The carrier shall be liabl for the damage suffered as a result of the death of or personal injury to a passenger and the loss of or damage to luggag if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or not glec of the carrier or of his servants or agents acting within the scope of their employment. 2. The burden of proving that the incident which caused the loss or damage occurred in the course of the carriage, and the exten of the loss or damage, shall lie with the claiman. 3. Fault or not glec of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to cabin the aros luggag from or in connection with the collision, stranding, explosion, shipwrecks or fire, or defect in the ship. In respect of loss of or damage to others, such fault or luggag not to be presumed, unless glec IR to the contrary is proved, the irrespectiv of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or not to lie with the IR glec claiman. Article 4 Performing carrier 1. If the performance of the carriage or part thereof has been entrusted to a performing carrier, the carrier shall not vertheles will remain liabl for the entire carriage according to the provision of this Convention. In addition, the performing carrier shall be subject and entitled to the provision of this Convention for the part of the carriage performed by him. 2. The carrier shall, in relations to the carriage performed by the performing carrier, be liabl for the acts and omission of the performing carrier and of his servants and agents acting within the scope of their employment. 3. Any special agreement under which the carrier would not assume the obligation imposed by this Convention or any waiver of rights conferred by this Convention shall be affec the performing carrier only if agreed by him expressly and in writing. 4. Where and to the exten to that both the carrier and the performing carrier are the liabl, their liability shall be joint and several. 5. Nothing in this article shall prejudice any right of recourses as between the carrier and the performing carrier. Article 5.-the Valuable carrier shall not be liabl for the loss of or damage to Mona, negotiable securities, gold, jewellery, ornaments, silverwar, works of art, or other valuable, except where such valuable's have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liabl up to the limit provided for in paragraph 3 of article 8 unless a higher limit is agreed upon in accordanc with paragraph (I) of article 10. Article 6 Contributory fault If the carrier of that process the death of or personal injury to a passenger or the loss of or damage to the his was caused or contributed to luggag by the fault or not glec of the passenger, the court seized of the case may exonerat the carrier wholly or partly from his liability in accordanc with the provision of the law of that Court. Article 7 limit of liability for personal injury 1. The liability of the carrier for the death of or personal injury to a passenger shall in no case exceeds 100 franc from 700.000 per carriage. Where in accordanc with the law of the court seized of the case damage to the awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceeds 100 the said limit. 2. Notwithstanding paragraph 1 of this article, the national law of any State Party to this Convention may fix, as far as who the national carrier of such State is concerned, with a higher per capita limit of liability. Article 8 limit of liability for loss of or damage to luggag 1. The liability of the carrier for the loss of or damage to cabin in case of IR luggag from 12.500 francs per 12 passenger, per carriage. 2. The liability of the carrier for the loss of or damage to vehicles including all is carried in luggag or on the vehicle shall in no case exceeds 100 from 50.000 franc per vehicle, per carriage. 3. The liability of the carrier for the loss of or damage to other than that mentioned luggag in paragraphs 1 and 2 of this article shall in the case of 18.000 per passenger, France 12 per carriage. 4. The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductibl not exceeding 1.750 francs in the case of damage to a vehicle and not exceeding 200 franc per passenger in the case of loss of or damage to others, such sum luggag to be deducted from the loss or damage. Article 9 unit and Monetary conversion 1. The franc mentioned in this Convention shall be deemed to refer to a unit consisting of 65.5 milligram of gold of millesimal finenes. 900 2. The will referred to in the article non 7 and 8 shall be converted into the national currency of the State of the court seized of the case on the basis of the official value of the currency, by a reference to the unit defined in paragraph 1 of this article, on the date of the judgement or the date agreed upon by the parties. If there is no such official value, the competent authority of the State concerned shall be considered determin what IR as the official value for the purpose of this Convention. Article 10 Supplementary provision on limits of liability 1. The carrier and the passenger may agree, expressly and in writing, to higher limits of liability than those prescribed in articles 7 and 8.2. Interest on damage and legal costs shall not be included in the limits of liability prescribed in articles 7 and 8 article 11. Defence and limit for carrier ' servants If an action is brough against a servant or agent of the carrier or the performing carrier of the arising out of damage covered by this Convention , such servant or agent, if he's in the process that he acted within the scope of his employment, shall be entitled to himself of the availa ... defence and limits of liability which the carrier or the performing carrier is entitled to the invoke under this Convention. Article 12 Aggregation of claims 1 where the limits of liability prescribed in articles 7 and 8 take effect, they shall apply to the aggregate of the non recoverabl in all of the claims arising out of the death of or personal injury to any one passenger or the loss of or damage to the his luggag. 2. In relations to the carriage performed by a performing carrier, the aggregate of the recoverabl from their servants in non and agents acting within the scope of their employment shall not exceeds 100 the highest amount which could be awarded against either the carrier or the performing carrier under the this Convention, but none of the persons mentioned shall be liabl for a sum in excess of the limit applicable to him. 3. In any case where a servant or agent of the carrier or the performing carrier is entitled of the under article 11 of this Convention to availa ... himself of the limits of liability prescribed in articles 7 and 8, the aggregate of the non recoverabl is from the carrier, or the performing carrier as the case may be, the and from that servant or agent , shall not limit those 12. Article 13 loss of right to limit liability 1. The carrier shall not be entitled to the benefit of the limits of liability prescribed in articles 7 and 8 and paragraph 1 of article 10, if it is proved that the damage resulted from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. 2. The servant or agent of the carrier or the performing carrier of the shall not be entitled to the benefit of those limits if it is proved that the damage resulted from an act or omission of that servant or agent done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. Article 14 basis for claims Of action for damage for the death of or personal injury to a passenger, or for the loss of or damage to, shall be luggag brough against a carrier or performing carrier otherwise than in accordanc with this Convention. Article 15 notice of loss or damage to luggag 1. The passenger shall give written notice to the carrier or his agent: (a) in the case of the damage to the apparen luggag: (i) for cabin luggag, before or at the time of disembarkations of the passenger; (ii) for all other luggag, before or at the time of its re-delivery; (b) in the case of damage which is not of the luggag apparen, or loss of, within fifteen days luggag from the date of re-delivery or disembarkations or from the time when such re-delivery should have taken place. 2. If the passenger to comply with the file this article, he shall be presumed, unless the contrary is proved, to have received the luggag is undamaged. 3. The notice in writing need not be given if the condition of the luggag has at the time of its receipt been the subject of joint survey or inspection. Article 16 time-bar for actions 1. Any action for damage arising out of of the death of or personal injury to a passenger or for the loss of or damage to the IR be luggag time-after a period of Barreda Fontes two years. 2. The limitations period shall be calculated as follows: (a) in the case of personal injury, from the date of disembarkations of the passenger; (b) in the case of death occurring during carriage, from the date when the passenger should have disembarked, and in the case of personal injury occurring during carriage and resulting in the death of the passenger after disembarkations, from the date of death, provided that this period shall not exceeds 100 three years from the date of disembarkations; (c) in the case of loss of or damage to data, from the luggag of disembarkations or from the date when disembarkations should have taken place, whichever is later. 3. The law of the court seized of the case shall govern the grounds for suspension and interruption of the period of limitations, but in the case of an action under this Convention shall be brough after expiration of a period of the three years from the date of disembarkations of the passenger or from the date when disembarkations should have taken place, whichever is later. 4. Notwithstanding paragraphs 1, 2 and 3 of this article, the period of limitations may be extended by a declaration of the carrier or by agreement of the parties after the cause of action has arisen. The declaration or agreement shall be in writing. Article 17 Competent jurisdiction to 1. An action arising under this Convention shall, at the option of the claiman, be brough before one of the courts listed below, provided that the Court is located in a State Party to this Convention: (a) the Court of the place of permanent residence or principal place of business of the defendan, or (b) the Court of the place of departure or that of the destination according to the contract of carriage , or (c) a Court of the State of the domicile or permanent residence of the defendan claiman, if the a has a place of business and is subject to jurisdiction in that State, or (d) a Court of the State where the contract of carriage was made, if the defendan has a place of business and is subject to jurisdiction in that State. 2. After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damage shall be submitted to any of the jurisdiction or to arbitration. Article 18 Invalidity of contractual provision. Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to the passenger or the loss of or damage to the his purporting to relieve luggag, the carrier of his liability towards the passenger or to a lower limit of prescrib liability than that fixed in this Convention except as provided in paragraph 4 of article 8 , and any such provision purporting to shift the burden of proof which rests on the carrier, or having the effect of restricting the options specified in paragraph 1 of article 17, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provision of this Convention. Article 19 Other convention on limitations of liability this Convention shall not modify the rights or duties of the carrier, the performing carrier, and their servants or agents provided for in the international convention relating to the limitations of the liability of owners of seagoing ships. Article 20 Nuclear Damage From liability under this Convention shall «arise is for damage caused by a nuclear incident: (a) if the operator of a nuclear installation is liabl for such damage under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as amended by its Additional Protocol of 28 January 1964, or the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear damage , or (b) if the operator of a nuclear installation is liabl for such damage by virtue of a national law the liability for each such damage provided that such law is in all respect as the person who favourabl may suffer damage as either the Paris or the Vienna Convention. Article 21 Commercial carriage by public authorities this Convention shall apply to commercial carriage undertaken by States or Public authorities under contracts of carriage within the meaning of article 1 article 22 Declaration of non-application 1 Any Party may at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare in writing that it will not give effect to this Convention when the passenger and the carrier are subjects or nationals of that Party. 2. Any declaration made under paragraph 1 of this article may be withdrawn at any time by a notification in writing to the Secretary-General of the Organization. Article 23 signature, ratification and accession. 1. This Convention shall be open for signature at the Headquarters of the eyes of the Organization until 31 December 1975 and shall thereafter remain open for accession. 2. States may become parties to this Convention by: (a) signature without reservation as to ratification, acceptance or approval; (b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organization. Article 24 Entry into force this Convention shall enter 1 into force on the ninetieth day following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited the instrument of ratification, the requisit acceptance, approval or accession. 2. For any State which subsequently sign this Convention without reservation as to ratification, acceptance or approval, or deposits its instrument of ratification, acceptance, approval or accession, the Convention shall come into force on the ninetieth day after the date of such signature or deposit. Article 25 Denunciation 1. This Convention may be denounced by a Party at any time after the date on which the Convention entered into force for that Parry. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization who shall inform all the other parties of the receipt of the instrument of denunciation and of the date of its deposit. 3. A denunciation shall take effect one year after the deposit of an instrument of denunciation or such longer period as that after may be specified in the instrument. Article 26 Revision and Amendment 1 A Conference for the purpose of revising or amending this Convention may be convened by the Organization. 2. The Organization shall a conven Conference of the parties to this Convention for revising or amending it at the request of not less than one-third of the parties. 3. Any State becoming a Party to this Convention after the entry into force of an amendment adopted by a conference convened in accordanc with this article shall be bound by the Convention as amended. Article 27 Depositary 1 this Convention shall be deposited. with the Secretary-General of the Organization. 2. The Secretary-General of the Organization shall: (a) inform all States which have signed or acceded to this Convention of: (i) each new signature and each deposit of an instrument together with the date thereof (ii) the date of entry into force of this Convention; (iii) any denunciation of this Convention and the date on which it takes effect; (b) transmit certified true cop to of this Convention to all signatory States and to all States which have acceded to this Convention. 3. Upon entry into force of this Convention, a certified true copy thereof shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 28 languages this Convention is established in a single original in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared by the Secretary-General of the Organization and deposited with the signed original. In witness whereof the undersigned being duly authorized for that purpose have signed this Convention. Done at Athens this thirteenth day of December one thousand nine hundred and seventy-four.

(PAL. 1976) Protocol of 1976 to the Athens Convention Relating to the carriage of Passenger and their Luggag by sea, 1974 the parties to the present protocol Being parties to the Athens Convention Relating to the carriage of passenger and their Luggag by sea, done at Athens on 13 December 1974; Have agreed as follows: article I For the purpose of the present Protocol: 1. "Convention" means the Convention Relating to the Athena carriage of Passenger and their Luggag by sea, 1974 2. "Organization" has the same meaning as in the Convention. 3. "Secretary-General" means the Secretary-General of the Organization. Article II (1) of article 7, paragraph 1 of the Convention is replaced by the following text: 1. The liability of the carrier for the death of or personal injury to a passenger shall in no case exceeds 100 units of 46.666 of account per carriage. Where in accordanc with the law of the court seized of the case damage in the form of the periodical income of the awarded payments, the equivalent capital value of those payments shall not exceeds 100 the said limit. (2) article 8 of the Convention is replaced by the following text: 1. The liability of the carrier for the loss of or damage to cabin in case of IR luggag from 833 12 units of account per passenger, per carriage. 2. The liability of the carrier for the loss of or damage to vehicles including all is carried in luggag or on the vehicle shall in no case exceeds 100 units from 3.333 of account per vehicle, per carriage. 3. The liability of the carrier for the loss of or damage to other than that mentioned luggag in paragraphs 1 and 2 of this article shall in no case exceeds 100 units from 1.200 of account per passenger, per carriage. 4. The carrier and the passenger may agree that the liability of the carrier shall be subject to (a) not exceeding deductibl 117 units of account in the case of damage to a vehicle and not exceeding 13 units of account per passenger in the case of loss of or damage to others, such sum luggag to be deducted from the loss or damage. (3) article 9 of the Convention and it is replaced by a title with the following: the units of account or monetary unit and conversion 1. The unit of account mentioned in this Convention is the Special Drawing right as defined by the International Monetary Fund. The non mentioned in articles 7 and 8 in shall be converted into the national currency of the State of the court seized of the case on the basis of the value of that currency on the date of the judgement or the date agreed upon by the parties. The value of the national currency, in terms of the Special Drawing right, of a State which is a member of the International Monetary Fund, shall be calculated in accordanc with the method of valuation applied by the International Monetary Fund in effect at the date in question III for it operations and transactions. The value of the national currency, in terms of the Special Drawing right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by the State. 2. vertheles, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provision of paragraph 1 of this article may, at the time of ratification or accession or at any time thereafter, declare the that the limits of liability provided for in this Convention to be applied in its territory shall be fixed as follows : (a) in respect of article 7, paragraph 1, 700.000 monetary units; (b) in respect of article 8, paragraph 1, 12.500 monetary units; (c) in respect of article 8, paragraph 2, 50.000 monetary units; (d) in respect of article 8, paragraph 3, 18.000 monetary units; (e) in respect of article 8, paragraph 4, the Council shall not exceeds 100 1.750 deductibl monetary units in the case of damage to a vehicle and shall not exceeds 100 200 monetary units per passenger in the case of loss of or damage to others luggag. The monetary unit referred to in this paragraph correspond to sixty-five and a half milligramm of gold of millesimal finenes for nine hundred. The conversion of the of non specified in this paragraph into the national currency shall be made according to the law of the State concerned. 3. The calculation mentioned in the last line of paragraph 1 and the conversion mentioned in paragraph 2 shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the non in articles 7 and 8 as is expressed there in units of account. States shall communicate to the depositary the manner of calculation pursuan to paragraph 1 or the result of the conversion in paragraph 2 as the case may be, when depositing an instrument referred to in article 1, and whenever there is a change in either. Article III. ratification and accession signature, 1. The present Protocol shall be open for signature by any State which has signed the Convention or acceded by any State of theret and invited it to attend the Conference to Revisit the unit of account Provision in the Athens Convention Relating to the carriage of Passenger and their Luggag by sea, 1974, held in London from 17 to 19 November 1976. This Protocol shall be open for signature from 1 February 1977 to 31 December 1977 at the headquarters of the Organization. 2. Subject to paragraph 4 of this article, the present Protocol shall be subject to ratification, acceptance or approval by the States which have signed it. "3. Subject to paragraph 4 of this article, this Protocol shall be open for accession by States which did not sign it. The present Protocol may be ratified, accepted, approved or acceded to by States parties to the Convention. 5. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General. 6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Protocol with respect to all existing parties or after the completion of all the required measure for the entry into force of the amendment with respect to all existing parties shall be deemed to apply to the Protocol as modified by the amendment. Article IV. Entry into force 1. The present Protocol shall enter into force for the States which have ratified, accepted, approved or acceded to it on the ninetieth day following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited the instrument of ratification, the requisit acceptance, approval or accession. 2. However, the present Protocol shall not enter into force before the Convention has entered into force. 3. For any State which subsequently sign this Protocol without reservation as to ratification, acceptance or approval, or deposits its instrument of ratification, acceptance, approval or accession, the present Protocol shall come into force on the ninetieth day after the date of such signature or deposit. Article v. Denunciation 1. The present Protocol may be denounced, by a Party at any time after the date on which the Protocol enter into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General who shall inform all the other parties of the receipt of the instrument of denunciation and of the date of its deposit. 3. A denunciation shall take effect one year after the deposit of an instrument of denunciation or such longer period as that after may be specified in the instrument. Article VI. Revision and Amendment 1 A Conference for the purpose of revising or amending the present Protocol may be convened by the Organization. 2. The Organization shall a conven Conference of the parties to the present Protocol for revising or amending it at the request of not less than one-third of the parties. Article VII. Depositary 1. The present Protocol shall be deposited with the Secretary-General. 2. The Secretary-General shall: (a) inform all States which have signed or acceded to the present Protocol of (i) each new signature and each deposit of an instrument together with the date thereof (ii) the date of entry into force of the present Protocol; (iii) the deposit of any instrument of denunciation of the present Protocol together with the date on which the denunciation takes effect; (iv) any amendments to the present Protocol; (b) transmit certified true cop out of the present Protocol to all States which have signed the present Protocol or acceded theret. 3. Upon entry into force of the present Protocol, a certified true copy thereof shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article VIII. Languages the present Protocol is established in a single original in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared by the Secretary-General and deposited with the signed original. Done at London this nineteenth day of November one thousand nine hundred and seventy-six. In witness whereof the undersigned being duly authorized for that purpose have signed the present Protocol.

the 1974 Athens Convention on passengers and their luggage by sea Member States of the Convention, recognizing the desire to agree on certain laws passengers and their luggage by sea transport; Have decided to sign the Convention for this purpose and, Furthermore, agreed as follows: article 1. Definitions for the purposes of this Convention the following expressions have the following meanings: 1. (a) "carrier" means the person with whom or on behalf of which the contract of carriage has been concluded, based on which he or the actual carrier, operates a service; (b) "performing carrier" means a person other than the carrier, but is the owner, charterer or ship operator, which practically performs the whole or a part of the carriage; 2. "contract of carriage" means a contract for the carriage of passengers or passengers and their luggage by sea, depending on the case, which concluded with a carrier or its behalf; 3. "ship" means only a seagoing vessel, excluding air transportation; 4. "person" means any person carried in a ship: (a) in accordance with the contract of carriage, or (b) who, with the consent of the carrier, spend a vehicle or live animals which are identified in the contract of carriage of goods not governed by this Convention; 5. "luggage" means any object or vehicle, by the carrier under the contract of carriage, excluding: (a) articles and vehicles carried under a Charter Party, Bill of lading or contract with another contract that is primarily associated with the transport of the goods, and (b) live animals; 6. "cabin baggage" means baggage, which is located in the passenger cabin or otherwise in his possession, custody or control. Notwithstanding paragraph 8 of this article and article 8, referred to in the cabin luggage includes luggage which the passenger is in the vehicle or carried with it is; 7. "loss of or damage to luggage" includes the financial losses that the reason is not timely delivery of baggage to the passenger at the arrival of the ship on which the luggage has been or should have been carried, but does not include the transport delay, which is not the employee; 8. "carriage" covers the following periods: (a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or the passenger at the time of admission or during when getting ashore and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or If the ship is used as an additional means of transport for the carriage of passengers, the carrier is ordered. However, with regard to the passenger, carriage does not include the period during which he is in the marine passenger terminal or station, or on the beach or in any other part of the installation; (b) with regard to cabin luggage, also the period during which the passenger is a marine passenger terminal or station, or on the beach or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been conveyed to the passenger; (c) with regard to luggage which is not cabin luggage, the period from the time when it takes over the carrier or his servant or agent on shore or on board until the carrier or his servant or agent they are supplied; 9. "international carriage" means any carriage in which, according to the contract of carriage to the port of departure and destination port is located in two different States, or in one country, where, under the contract of carriage or the scheduled itinerary, the ship in a port in another country. 2. article. 1. Application of this Convention shall be binding for any international shipment, if (a) the ship is flying the flag of a Member State to this Convention, or registered in, or (b) the transport contract shall be drawn up in the Member State to this Convention, or (c) the port of departure and destination port, in accordance with the contract of carriage, is situated in the Member State to this Convention. 2. having regard to paragraph 1 of this article, this Convention is not binding on the transport, under any other international Convention concerning the carriage of passengers or luggage by another type of vehicle, is applicable to civil liability in accordance with the provisions of this Convention, to the extent that these conditions are binding for maritime transport. 3. article. 1. The liability of the carrier, the carrier is liable for damage caused by that reason is passenger's death or bodily harm, or loss of luggage or corruption if the incident which caused the damage occurred during transport and it was due to the carrier or his servants or agents, who carry out their duties, error or negligence. 2. the applicant must demonstrate that the incident which caused the loss or damage occurred during transport and that such loss or damage. 3. the carrier or his servants or agents, exercising his duties, the action is considered to be an error or negligence, unless proven otherwise, the passenger's death or bodily harm, or loss of luggage or accommodation damage has arisen out of or in connection with the shipwreck, collision, running aground, damage, malfunction or fire or explosion on board an existing loophole. Other types of loss or damage to baggage, is considered an error or negligence, unless it is proven otherwise, regardless of the incident which caused the loss or damage. In other cases, the error or negligence must prove the plaintiff. 4. article. Actual carrier 1. If the carriage or part thereof has been entrusted to a performing carrier, in accordance with the provisions of this Convention, the carrier is responsible for the entire carriage. In addition, with regard to the actual carrier apply and he is entitled to use the terms of this Convention on the part of the carriage which it performs. 2. the carrier shall, in relation to the carriage performed by the actual carrier, the actual carrier shall remain liable for and his staff and agents who perform their job responsibilities, actions and negligence. 3. any special agreement under which the carrier assumes obligations not imposed by this Convention or any waiver of rights conferred by this Convention affects the actual carrier only if they are specifically agreed to in writing. 4. If both parties — both the carrier and the actual carrier are liable, their liability is joint or separate. 5. Nothing in this article are without prejudice to any right of recourse between carrier and the actual carrier. 5. article. Valuables, the carrier is not responsible for any money, securities, gold, silverware, jewellery, ornaments, works of art and other valuables or loss, except where such valuables have been transferred to the custody of the carrier, the carrier shall be liable in article 8, paragraph 3 of the prescribed liability, if any, in accordance with article 10 (1) of the amount of liability is not increased. 6. article. Passengers contribute to error if the carrier proves that the death of or personal injury to a passenger caused damage to or loss of luggage or of their damage is caused or contributed to the error or negligence of the passenger, the court hearing the case, wholly or in part may be released from his liability to the carrier, in accordance with the legislation applied by the Court. 7. article. The limitation of liability for bodily harm to a person 1. The liability of the carrier for the passenger's death or bodily harm it in any of the cases does not exceed 700 000 francs for transport. If, in accordance with the court hearing the case, the applicable laws, the damages are ordered in the form of periodic payments, the payment shall not exceed the equivalent of the basic values of responsibility mentioned above. 2. having regard to paragraph 1 of this article, any Member of the Convention in national legislation, for the carrier, which is a national of that country to people can set a higher level of responsibility. 8. article. Responsibility for loss or damage to baggage 1. The liability of the carrier for the amount of cabin baggage or loss of any of the cases does not exceed 12 500 francs per passenger carriage. 2. The liability of the carrier for the amount of the means of transport or loss of, including all the baggage that is in or carried with it, in any case not exceed 50 000 francs per vehicle during transport. 3. The carrier's liability for lost or damaged the amount of baggage that is not mentioned in paragraph 1 and in paragraph 2, not in one case does not exceed 18 000 francs per passenger carriage. 4. The carrier and the passenger may agree that the carrier's liability may be reduced up to a 1750 francs on the vehicle in the event of damage to it and not exceeding 200 francs per passenger luggage which is not cabin luggage, in case of loss or damage, this amount is deducted from the amount of the loss or damage. 9. article. Unit of account and the conversion of 1 franc, referred to in the Convention are considered to be the appropriate unit, whose value is the highest purity of 65.5 (900) milligrams of gold. 2. The amounts referred to in article 7 and 8 are converted to state the case, the national currency based on the exchange rate of this official, referring to the unit laid down in paragraph 1 of this article, judgment day or the date agreed between the parties. If the course is not official, the national competent authorities shall determine, for the purposes of this Convention, which is considered the official rate. 10. article. The extent of the limitation of liability in addition to conditions 1. The carrier and the passenger expressly and in writing can agree on higher limits of liability than the amounts described in article 7 and 8. 2. the amount of the damages and court costs interest does not include the amount of the liability limits set out in articles 7 and 8. 11. article. Advocacy and limitations of the carrier's employees if the claim arises from damages under this Convention against the carrier's employees, or agents, or the actual carrier, such employee or agent, if he proves that he has performed his duties, are entitled to the same protection and limitation of liability to which it is entitled, the carrier or the actual carrier under this Convention. 12. article. Combine the requirements 1. If the articles 7 and 8 of the limitations of liability set out in the force, they apply to all claims, which are the persons death or bodily harm to or the loss of or damage to luggage, recoverable amount. 2. In relation to the carriage performed by the actual carrier, its employees and agents, to perform his duties, the amount refunded shall not exceed the aggregate of the highest amount, one could order the carrier or the actual carrier under this Convention, but none of these persons is not responsible for the amount exceeding the limits applicable to them. 3. in any case where an employee or agent of the carrier or the actual carrier in accordance with article 11 of the Convention, shall be entitled in his own right to use limitations of liability laid down in article 7 and 8, of the carrier or of the performing carrier, depending on the case, and an employee or agent of the refunds are set not to exceed these limits. 13. article. Cases should be without prejudice to the liability of the carrier shall not be entitled to 1 to use the articles 7 and 8 and paragraph 1 of article 10, under certain limitations of liability if it is proved that the damage resulted in the targeted carrier action or negligence or recklessness, aware of the possibility of such damage. 2. the carrier or the actual carrier's employee or agent shall not be entitled to use these limits if it is proved that the damage caused by an employee or agent of a targeted action or negligence or recklessness, aware of the possibility of such damage. 14. article. The basic requirements for a claim against a carrier or performing carrier for death or personal injury in the event of damage or of loss or damage to baggage the case brought to court in accordance with this Convention. 15. article. Notice of loss of, or damage to baggage 1. the passenger must submit a written notice to the carrier or its agent shall: (a) when there is obvious damage to baggage: (i) cabin luggage, before or at the time when the passengers are getting on shore; (ii) the luggage before or at the time of the arrival of the luggage; (b) in the case where there is no apparent damage or loss of luggage, in case of fifteen days, counting from the date of disembarkation or ashore luggage conveyance, or from the time when it was supposed to deliver. 2. If the passenger has not acted in accordance with the provisions of this article shall be deemed, unless it is proven otherwise, that the passenger has received the entire luggage. 3. the written report need not be given if the condition of the luggage down to the time of receipt to verify the total examination or inspection. 16. article. 1. The limitation period shall each claim for damages resulting from the death of or personal injury to a passenger or luggage damage case of loss or damage, the limitation period is two years. 2. The period of limitation shall start is calculated as follows: (a) bodily harm in the case of a date when a passenger stepped ashore; (b) in the case of death occurring during carriage, from the date when the passenger had to disembark and bodily harm, which occurred during transport and which ended with the death of the passenger after disembarkation, from the coast of death, provided that this period shall not exceed three years from the date of disembarkation on the shore; (c) loss of or damage to luggage, from the date of disembarkation or from the date when disembarkation should have been at the beach, in the light of later developments. 3. the court hearing the case, legislation governing suspension of the limitation period or termination, but in any case, the claim may be brought if not three years from the date when disembarkation of passengers took place on the beach or when getting ashore had to happen, given the later what had happened. 4. Despite paragraph 1, paragraphs 2 and 3, the limitation period may be extended on the basis of the report to the carrier or the agreement of the parties, if it is seised. Message or contract shall be submitted in writing. Article 17. 1. jurisdiction claims a claim brought under this Convention shall, at the discretion of the plaintiff may bring in one of the courts listed below, provided that the Court is located in the Member State to this Convention: (a) the defendant's domicile or business location of the Court, or (b) the ship's departure or arrival of the port State, in accordance with the contract of carriage Court, or (c) the applicant or the registered office of the country of residence of the Court, if the defendant has a place of business and is located in the jurisdiction of the State or (d) a Court of the State in which the contract of carriage was made, if the claimant's place of business and is located in the jurisdiction of that country. 2. After the accident, which caused the damage, the parties may agree to submit the claim in any court or arbitration. 18. article. Agreement, the invalidity of any agreement concluded, prior to the accident that caused the death of a passenger or caused the injury, or mislaid or damaged baggage, which releases the carrier of his liability towards passengers, or determine the lower limit of liability than that set out in this Convention, except for paragraph 4 of article 8 in certain cases, and any such conditions that cancels the carrier the burden of proof or the purpose of which is to limit the choice defined in article 17, paragraph 1, shall be void, but the nullity of these conditions does not cancel the contract of carriage to which this Convention is applicable to the conditions. 19. article. Other conventions on limitation of the amount of liability this Convention shall not affect the carrier, the actual carrier or its servants or agents any rights or obligations provided for in international conventions on maritime shipowners ' limitation of liability. 20. article. Atompostījum, this Convention does not lay down liability for losses, which is atomnegadījum: (a) if the atomiekārt operator is liable for such damage pursuant to 29 July 1960, the Paris Convention on third party liability in the field of nuclear energy as amended by its 28 January 1964, or the Protocol of 21 May 1963 Vienna Convention on civil liability for atompostījum or (b) if the operator of a atomiekārt for such damage is liable in accordance with the national law governing the liability for such damage provided that this legislation is equally favourable to persons who may suffer from atompostījum, and the Paris or the Vienna Convention. 21. article. Commercial carriage by public authorities this Convention shall apply to commercial carriage undertaken by States or public authorities under contract of carriage within the meaning of article 1. 22. article. Notice of exemption 1. each Member State shall sign this Convention, of the deposit of the instrument of ratification, acceptance, approval or accession, in written form during may declare that this Convention shall not apply if the passenger and the carrier has nationality of that State or citizen. 2. Each report made under paragraph 1 of this article, may be withdrawn at any time by sending a written communication to the Secretary-General. 23. article. Signature, ratification and accession 1. this Convention is open for signature at the headquarters of the organization until 1975. December 31, and then add the end is open. 2. States may become Member of this Convention: (a) signature without reservation of ratification, acceptance or approval; or (b) signature with reservation as to ratification, acceptance or approval followed by ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession is effected by depositing the relevant instruments to the Secretary-General. 24. article. 1. Entry into force this Convention shall enter into force on the 90th day from the date on which ten States have signed it without reservation of ratification, acceptance or approval or have submitted the necessary instrument of ratification, acceptance, approval or accession. 2. For each State which is then signed the Convention without reservation of ratification, acceptance or approval or deposit of the instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the 90th day following the signing takes place or date. 25. article. Denunciation 1. a Member State may denounce this Convention at any time after the date on which the Convention has entered into force for that State. 2. denunciation shall be effected by depositing the document to the Secretary-General who shall inform the other Member States of the denunciation of the document and the date of such deposit. 3. The denunciation shall take effect one year, or such longer period of time in the document, by date of denunciation. 26. article. 1. Review and amendment of the organization may convene a conference with a view to revise or amend this Convention. 2. the Organization shall convene a Conference of the States parties to this Convention with a view to revise or amend it, if the request is made not less than one third of the Member States. 3. any State becoming a member of this Convention, and amendments adopted by the Conference, convened in accordance with this article, the entry into force of the amended Convention is binding. 27. article. Deposit 1. this Convention shall be deposited with the Secretary-General of the organisation. 2. The Secretary-General: (a) inform all States which have signed or acceded to this Convention of: (i) each new signature and deposit of the document and the date; (ii) the date on which this Convention enters into force; (iii) any denunciation of this Convention and the date on which it takes effect; (b) this Convention legally send certified copies thereof to all States which have signed it and all States which have acceded to this Convention. 3. After the entry into force of this Convention, a legally certified copies thereof the Secretary-General transmitted to the Secretary-General of the United Nations for registration and publication in accordance with the United Nations Charter, article 102. 28. article. Languages this Convention drawn up in a single copy in the English and French languages, both texts being equally authentic. The Secretary-General shall prepare official translations into Russian and Spanish languages, and shall be deposited with the signed original. In witness whereof, the undersigned duly authorized government representatives signed this Convention. Signed in Athens, one thousand nine hundred and seventy-fourth year of the thirteenth of December.

the 1974 Athens Convention on passengers and their luggage by sea 1976 Protocol this Protocol, Member States shall have the 1974 Athens Convention on passengers and their luggage by sea, 1974 the Member States signed on December 13, agreed to: (I) article the meaning of this Protocol: 1. "Convention" means the 1974 Athens Convention on passengers and their luggage by sea. 2. "organization" has the same meaning as in the Convention. 3. "Secretary-General" means the Secretary-General of the organization. Article II (1) of the Convention, article 7, paragraph 1 is replaced by the following: 1. The liability of the carrier for the death of a passenger or of bodily harm it in any of the cases not more than 46.666 units of account per carriage. If the Court in which the case is pending, legislation, losses are awarded in the form of periodic payments, this payment equivalent to the core values of the limit. (2) article 8 of the Convention is replaced by the following: 1. The liability of the carrier for the cabin or loss of luggage shall in no case exceed 833 units of account per passenger in the carriage. 2. The liability of the carrier for vehicle loss or damage suffered, including baggage carried in it or with it, in any case not more than 3.333 units of account per vehicle during transport. 3. the carrier's liability for baggage, except paragraph 1 and in paragraph 2, or loss of any of the cases does not exceed 1.200 units of account per passenger in the carriage. 4. The carrier and the passenger may agree that the liability of the carrier level is reduced, without exceeding the limits of the unit of account of the 117 if done damage to the vehicle and not exceeding the limit of 13 units of account per passenger, other luggage in case of loss of or damage to such an amount is deducted from the amount of the loss or damage. (3) article 9 of the Convention, and its name is replaced with the following: unit of account or currency unit and the conversion 1. Unit of account mentioned in this Convention is the Special occupancy rights as defined by the International Monetary Fund. articles 7 and 8 of the said amounts are converted in the country, handling the case, national currency based on the value of a national currency, judgment day or on the date on which the Member States have agreed. A State which is a Member of the International Monetary Fund, the value of the national currency, in terms of right of Occupancy is calculated according to the method of taxation, which the International Monetary Fund for its operations and transactions shall apply during the date. The value of the national currency borrowing of special law, a State which is not a Member of the International Monetary Fund shall be calculated by applying the method laid down by the State. 2. However, a State that is a member of the International Monetary Fund and whose law does not permit the paragraph 1 of this article, the application of the provisions of the instrument of ratification or accession or at any later time declare that the limitation of liability provided for in this Convention about, are applied in its territory and shall be determined as follows: (a) as regards article 7, paragraph 1 of the 700.000 settlement units; (b) in relation to article 8, paragraph 1, of the 12.500 settlement units; (c) in relation to article 8, paragraph 2, of the 50.000 units of account; (d) in relation to article 8, paragraph 3, of the 18.000 units of account; (e) in relation to article 8, paragraph 4, the reduction does not exceed 1.750 units of border settlement, where the damage caused to vehicle and do not exceed 200 units of account per passenger, borders if lost or damaged baggage, which is not considered to be a cabin luggage. The unit of account mentioned in this article corresponds to sixty-five and a half milligrams higher fineness gold (deviņsimt). The amount specified in this paragraph is the national currency conversion is carried out in accordance with national legislation. 3. the calculation mentioned in the last sentence of paragraph 1 and the conversion mentioned in paragraph 2, shall be implemented in such a way that the national currency of the country in May of expressed the same real value to that of the articles 7 and 8 of the mentioned amounts here are expressed in units of account. By depositing the document referred to in article III, in accordance with paragraph 1, countries send the storage method of calculation or conversion the results referred to in article 2, depending on the situation, if any of the above changes. (Iii) article. Signature, ratification and accession 1 this Protocol may be signed by any State that has signed the Convention or acceded to it, and any State which has been invited to participate in a conference held in London in 1976 from 17-19 November, to review the 1974 Athens Convention on passengers and their luggage by sea units of account terms. This Protocol shall be open for signature from 1 February 1977 to 1977. December 31, the headquarters of the organization. 2. in accordance with paragraph 4 of this article, the States which have signed this Protocol, it is subject to ratification, acceptance or approval. 3. in accordance with paragraph 4 of this article, States which have not signed this Protocol, it is open to joining purpose. 4. This Convention is open to ratification by the Member States to accept, approve or accede to this Protocol. 5. Ratification, acceptance, approval or accession is effected by the deposit with the Secretary-General of the Organization of the document. 6. any instrument of ratification, acceptance, approval or accession, deposited after the entry into force of this Protocol in respect of all the existing Member States or after all measures necessary are taken to the amendments to take effect for all existing Member States, it is considered applicable to the amended Protocol. (IV) article. 1. The entry into force for the States which have ratified, accepted, approved or acceded to this Protocol, the Protocol shall enter into force on the 90th day after the ten countries have signed it without reservation of ratification, acceptance or approval, or have deposited the required instrument of ratification, acceptance, approval or accession. 2. However, this Protocol shall not enter into force until the entry into force of the Convention. 3. Any State which shall subsequently sign this Protocol without reservation of ratification, acceptance or approval or deposits its instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the 90th day following the date when the signing took place or date. Article v. Denunciation 1. a Member State may denounce this Protocol at any time after the date on which the Protocol enters into force for that State. 2. denunciation shall be effected by depositing the document to the Secretary-General who shall inform all the other Member States of the denunciation of the document and the date of such deposit. 3. The denunciation shall take effect one year, or such longer period of time in the document, including the date of denunciation. Article vi. 1. Review and amendment of the organization may convene a conference with a view to revise or amend this Protocol. 2. the Organization shall convene a Conference of the Member States of this Protocol with a view to revise or amend it, if the request is made not less than one third of the Member States. Article VII. 1. Protocol of the deposit shall be deposited with the Secretary-General. 2. The Secretary-General: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature and date, and the payment date; (ii) the date on which this Protocol enters into force; (iii) any denunciation of this Protocol and the date on which the denunciation takes effect; (iv) every amendment to this Protocol; (b) of this Protocol to all States legally approved copy, which have signed or acceded to this Protocol. 3. After this Protocol has entered into force, the legally certified copies are sent to the Secretary-General of the United Nations Secretariat for registration and publication in accordance with the United Nations Charter article 102. Article VIII. Languages this Protocol is drawn up in a single copy in the English and French languages, both texts being equally authentic. The Secretary-General shall prepare official translations into Russian and Spanish languages, and shall be deposited with the signed original. Signed in London, one thousand nine hundred and seventy-sixth annual nineteenth in November. In witness whereof, the undersigned duly authorized government representatives signed this Protocol.