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Having a lovely time? Loss of enjoyment of cruising - Helen Pugh, 3 Hare Court

22/06/12. The last six months have not been kind to the cruise industry. Media reports of passengers overboard, of fires onboard ship and vessels adrift in the Indian Ocean, not to mention dramatic photographs of the tragic Costa Concordia disaster. Claims by passengers for loss of enjoyment and diminution in value aplenty, one might think. In fact, those claims may not be as straightforward as is often assumed.

Claims for personal injury, loss and damage are less controversial. More often than not, personal injury suffered onboard ship will fall within the scope of the 1974 Athens Convention on the Carriage of Passengers and Luggage by Sea.

Since 1st January 1996, and the coming into force of section 183 of the Merchant Shipping Act 1995, the Athens Convention has applied to international carriage by sea if the ship is flying the flag of or is registered in a State Party to the Convention, if the contract of carriage was made in the State...

Image ©iStockphoto.com/Elerium

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