Company’s Liability/ Time Limits for Property Damage and Personal Injury Claims. (a) The provisions and limitations as contained in the laws of Switzerland (incorporating the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974, the “Athens Convention”) and the protocols thereto of 1976 and 1990 and the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 1988 (the “CLNI Convention”) apply. (b) Company shall be liable in accordance with the provisions and limitations as contained in the laws of Switzerland (incorporating the Athens Convention and the CLNI Convention). Swiss law in most cases limits Company’s liability for death, personal injury to no more than SDR 175,000 (one hundred seventy-five thousand) per passenger, and for lost or damaged property to no more than SDR 1,800 (one thousand eight hundred) per passenger. (c) Company shall have the right at all times to avail itself of and have the benefit of any and all applicable global limitation of liability or exoneration of liability rules, regulations or statutes, specifically including the provisions of the Strasbourg Convention on the Limitation of Liability of owners of Inland Navigation Vessels (CLNI), 1988, as adopted by Switzerland, as well as of the International Convention on Limitation of Liability for Maritime Claims, 1976, with revisions and amendments, if and as applicable, and by those other and further limitations of liability set forth in the statutory and general maritime law of Switzerland, as the law governing the contract: 60.000 (Sixty thousand) units of account (also known as Special Drawing Rights, or S.D.R.'s) multiplied by the number of Passengers the Vessel, according to its certificate, is allowed to accommodate; not to exceed in any event more than 25 (twenty-five) million units of account, to apply to the aggregate of all claims which arise on any distinct occasion against carrier, with respect to damages suffered on a seagoing vessel and, as regards damages suffered on an inland navigation vessel, not to be less than 720,000 (seven hundred twenty thousand) units of account and not to exceed (i) 3 (three) million units of account for vessels with an authorized passenger transport capacity of not more than 100; (ii) 6 (six) million units of account for vessels with an authorized passenger transport capacity of not more than 180; and (iii) 12 (twelve) million units of account for vessels with an authorized passenger transport capacity of more than 180. Company will provide a copy of the Athens convention and CLNI upon written request. (d) In accordance with the afore mentioned legislation it is presumed that luggage has been delivered undamaged unless written notice is given to Company: (i) in the case of apparent damage, before or at the time of disembarkation or redelivery; or (ii) in the case of loss or non- apparent damage, within 15 days of the date of disembarkation or re-delivery or from the time when redelivery should have taken place. (e) Under the aforementioned legislation any action for damages arising out of personal injury, death, or lost or damaged luggage shall be time-barred after a period of two (2) years. The limitation period shall be calculated as follows (i) in the case of personal injury, from the date of disembarkation of Passenger; (ii) in the case of death, from the date when Passenger should have disembarked or the date of death, whichever is later; (iii) in the case of lost or damaged Luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later. (f) In no case shall an action be brought after the expiration of a period of three years from the date of disembarkation of Passenger or from the date when disembarkation should have taken place, whichever is later. (g) Company shall not be liable for lost or damaged Valuables, except where such Valuables have been deposited with Company against receipt for the purpose of safekeeping in which case Company shall be liable up to the limit as provided for in Swiss law, i.e. SDR 2,700. (h) Where any of the Conventions permit Company to apply a deductible, Company may apply that deductible. (i) In the event it is determined that Company is not entitled to all of the benefits of the Conventions, including the limitations stated above, Passenger may not maintain a lawsuit against Company or the Vessel, nor will Company or the Vessel be liable, for loss of life or bodily injury unless written notice of the claim is delivered to Company not later than six (6) months after the day of death or injury, the lawsuit is commenced not later than one (1) year after the day of death or injury, and valid service of the lawsuit on Company or the Vessel, as applicable, is made within thirty (30) days following the expiration of that one-year period. For all other claims, including but not limited to claims for loss or damage to Baggage, breach of contract, or other claim, Passenger may not maintain a lawsuit against Company or the Vessel, unless Company is provided with written notice of claim within thirty (30) days after the date of disembarkation, the lawsuit for such claim is commenced not later than one year after the date of disembarkation, and valid service of the lawsuit on the Vessel or Company, as applicable, is made within thirty (30) days following the expiration of that one-year period. In the case of a claim by or on behalf of a minor or legally incompetent person, the time periods described above shall begin to run on the earlier of: (i) date of appointment of a legal representative for the minor or legally incompetent person, or their estate (as the case may be); or (ii) three (3) years after the date of death, injury or damage, as applicable.
Appears in 8 contracts
Samples: Contract of Carriage, Contract of Carriage, Contract of Carriage
