1974年海上旅客及其行李运输雅典公约 ATHENS CONVENTION RELATIN

颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　颁布日期：19741213 　实施日期：19870428 　颁布单位：雅典

　　THE STATES PARTIES TO THIS CONVENTION，

　　HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea;

　　HAVE DECIDED to conclude a Convention for this purpose and havethereto agreed as follows：Article 1 Definitions

　　In this Convention the following expressions have the meaning herebyassigned to them：

　　1. (a) “carrier” means a person by or on behalf of whom a contract ofcarriage has been concluded， whether the carriage is actually performed byhim 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 performsthe whole or a part of the carriage;

　　2. “contract of carriage” means a contract made by or on behalf of acarrier for the carriage by sea of a passenger or of a passenger and hisluggage， as the case may be;

　　3. “ship” means only a seagoing vessel， excluding an air-cushionvehicle;

　　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 avehicle or live animals which are covered by a contract for the carriageof goods not governed by this Convention;

　　5. “luggage” means any article or vehicle carried by the carrier undera contract of carriage， excluding：

　　(a) articles and vehicles carried under a charter party， bill oflading or other contract primarily concerned with the carriage of goods，and

　　(b) live animals;

　　6. “cabin luggage” means luggage which the passenger has in his cabinor is otherwise in his possession， custody or control. Except for theapplication of paragraph 8 of this Article and Article 8， cabin luggageincludes luggage which the passenger has in or on his vehicle; 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　7. “loss of or damage to luggage” includes pecuniary loss resultingfrom the luggage not having been re-delivered to the passenger within areasonable time after the arrival of the ship on which the luggage hasbeen or should have been carried， but does not include delays resultingfrom labour disputes;

　　8. “carriage” covers the following periods：

　　(a) with regard to the passenger and his cabin luggage， the periodduring which the passenger and/or his cabin luggage are on board the shipor in the course of embarkation or disembarkation， and the period duringwhich the passenger and his cabin luggage are transported by water fromland to the ship or vice-versa， if the cost of such transport is includedin the fare or if the vessel used for this purpose of auxiliary transporthas been put at the disposal of the passenger by the carrier. However，with regard to the passenger， carriage does not include the period duringwhich he is in a marine terminal or station or on a quay or in or on anyother port installation;

　　(b) with regard to cabin luggage， also the period during which thepassenger is in a marine terminal or station or on a quay or in or on anyother port installation if that luggage has been taken over by the carrieror his servant or agent and has not been redelivered to the passenger;

　　(c) with regard to other luggage which is not cabin luggage， theperiod from the time of its taking over by the carrier or his servant oragent on shore or on board until the time of its re-delivery by thecarrier or his servant or agent;

　　9. “international carriage” means any carriage in which， according tothe contract of carriage， the place of departure and the place ofdestination are situated in two different States， or in a single State if，according to the contract of carriage or the scheduled itinerary， there isan intermediate port of call in another State;

　　10. “Organization” means the Inter-Governmental Maritime ConsultativeOrganization.Article 2 Application 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　1. This Convention shall apply to any international carriage if：

　　(a) the ship is flying the flag of or is registered in a StateParty to this Convention， or

　　(b) the contract of carriage has been made in a State Party tothis Convention， or

　　(c) the place of departure or destination， according to thecontract of carriage， is in a State Party to this Convention.

　　2. Notwithstanding paragraph 1 of this Article， this Convention shallnot apply when the carriage is subject， under any other internationalconvention concerning the carriage of passengers or luggage by anothermode of transport， to a civil liability regime under the provisions ofsuch convention， in so far as those provisions have mandatory applicationto carriage by sea.Article 3 Liability of the carrier

　　1. The carrier shall be liable for the damage suffered as a result ofthe death of or personal injury to a passenger and the loss of or damageto luggage if the incident which caused the damage so suffered occurred inthe course of the carriage and was due to the fault or neglect of thecarrier or of his servants or agents acting within the scope of theiremployment.

　　2. The burden of proving that the incident which caused the loss ordamage occurred in the course of the carriage， and the extent of the lossor damage， shall lie with the claimant.

　　3. Fault or neglect of the carrier or of his servants or agents actingwithin the scope of their employment shall be presumed， unless thecontrary is proved， if the death of or personal injury to the passenger orthe loss of or damage to cabin luggage arose from or in connexion with theshipwreck， collision， stranding， explosion or fire， or defect in the ship.In respect of loss of or damage to other luggage， such fault or neglectshall be presumed， unless the contrary is proved， irrespective of thenature of the incident which caused the loss of damage. In all other casesthe burden of proving fault or neglect shall lie with the claimant.Article 4 Performing carrier 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　1. If the performance of the carriage or part thereof has beenentrusted to a performing carrier， the carrier shall nevertheless remainliable for the entire carriage according to the provisions of thisConvention. In addition， the performing carrier shall be subject andentitled to the provisions of this Convention for the part of the carriageperformed by him.

　　2. The carrier shall， in relation to the carriage performed by theperforming carrier， be liable for the acts and omissions of the performingcarrier and of his servants and agents acting within the scope of theiremployment.

　　3. Any special agreement under which the carrier assumes obligationsnot imposed by this Convention or any waiver of rights conferred by thisConvention shall affect the performing carrier only if agreed by himexpressly and in writing.

　　4. Where and to the extent that both the carrier and the performingcarrier are liable， their liability shall be joint and several.

　　5. Nothing in this Article shall prejudice any right of recourse asbetween the carrier and the performing carrier.Article 5 Valuables

　　The carrier shall not be liable for the loss of or damage to moneys，negotiable securities， gold， silverware， jewellery， ornaments， works ofart， or other valuables， except where such valuables have been depositedwith the carrier for the agreed purpose of safe-keeping in which case thecarrier shall be liable up to the limit provided for in paragraph 3 ofArticle 8 unless a higher limit is agreed upon in accordance withparagraph 1 of Article 10.Article 6 Contributory fault

　　If the carrier proves that the death of or personal injury to apassenger or the loss of or damage to his luggage was caused orcontributed to by the fault or neglect of the passenger， the court seizedof the case may exonerate the carrier wholly or partly from his liabilityin accordance with the provisions 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 toa passenger shall in no case exceed 700，000 francs per carriage. Where inaccordance with the law of the court seized of the case damages areawarded in the form of periodical income payments， the equivalent capitalvalue of those payments shall not exceed the said limit. 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　2. Notwithstanding paragraph 1 of this Article， the national law ofany State Party to this Convention may fix， as far as carriers who arenationals of such State are concerned， a higher per capita limit ofliability.Article 8 Limit of liability for loss of or damage to luggage

　　1. The liability of the carrier for the loss of or damage to cabinluggage shall in no case exceed 12，500 francs per passenger， per carriage.

　　2. The liability of the carrier for the loss of or damage to vehiclesincluding all luggage carried in or on the vehicle shall in no case exceed50，000 francs per vehicle， per carriage.

　　3. The liability of the carrier for the loss of or damage to luggageother than that mentioned in paragraphs 1 and 2 of this Article shall inno case exceed 18，000 francs per passenger， per carriage.

　　4. The carrier and the passenger may agree that the liability of thecarrier shall be subject to a deductible not exceeding 1，750 francs in thecase of damage to a vehicle and not exceeding 200 francs per passenger inthe case of loss of or damage to other luggage， such sum to be deductedfrom the loss or damage.Article 9 Monetary unit and conversion

　　1. The franc mentioned in this Convention shall be deemed to refer toa unit consisting of 65.5 milligrams of gold of millesimal fineness 900.

　　2. The amounts referred to in Articles 7 and 8 shall be converted intothe national currency of the State of the court seized of the case on thebasis of the official value of that currency， by reference to the unitdefined in paragraph 1 of this Article， on the date of the judgment or thedate agreed upon by the parties. If there is no such official value， thecompetent authority of the State concerned shall determine what shall beconsidered as the official value for the purpose of this Convention.Article 10 Supplementary provisions 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. 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　1. This Convention shall be deposited with the Secretary-General ofthe Organization.

　　2. The Secretary-General of the Organization shall：

　　(a) inform all States which have signed or acceded to thisConvention of：

　　(i) each new signature and each deposit of an instrumenttogether with the date thereof;

　　(ii) the date of entry into force of this Convention;

　　(iii) any denunciation of this Convention and the date onwhich it takes effect;

　　(b) transmit certified true copies of this Convention to allsignatory States and to all State which have acceded to this Convention.

　　3. Upon entry into force of this Convention， a certified true copythereof shall be transmitted by the Secretary-General of the Organizationto the Secretariat of the United Nations for registration and publicationin accordance with Article 102 of the Charter of the United Nations.Article 28 Languages

　　This Convention is established in a single original in the English andFrench languages， both texts being equally authentic. Officialtranslations in the Russian and Spanish languages shall be prepared by theSecretary-General of the Organization and deposited with the signedoriginal.

　　IN WITNESS WHEREOF the undersigned being duly authorized for thatpurpose have signed this Convention.

　　DONE AT ATHENS this thirteenth day of December one thousand ninehundred and seventy-four.

颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　2. Interest on damages and legal costs shall not be included in thelimits of liability prescribed in Article 7 and 8.Article 11 Defences and limits for carriers' servants

　　If an action is brought against a servant or agent of the carrier orof the performing carrier arising out of damage covered by thisConvention， such servant or agent， if he proves that he acted within thescope of his employment， shall be entitled to avail himself of thedefences and limits of liability which the carrier or the performingcarrier is entitled to invoke under this Convention.Article 12 Aggregation of claims

　　1. Where the limits of liability prescribed in Articles 7 and 8 takeeffect， they shall apply to the aggregate of the amounts recoverable inall claims arising out of the death of or personal injury to any onepassenger or the loss of or damage to his luggage.

　　2. In relation to the carriage performed by a performing carrier， theaggregate of the amounts recoverable from the carrier and the performingcarrier and from their servants and agents acting within the scope oftheir employment shall not exceed the highest amount which could beawarded against either the carrier or the performing carrier under thisConvention， but none of the persons mentioned shall be liable for a sumin excess of the limit applicable to him.

　　3. In any case where a servant or agent of the carrier or of theperforming carrier is entitled under Article 11 of this Convention toavail himself of the limits of liability prescribed in Articles 7 and 8，the aggregate of the amounts recoverable from the carrier， or theperforming carrier as the case may be， and from that servant or agent，shall not exceed those limits.Article 13 Loss of right to limit liability

　　1. The carrier shall not be entitled to the benefit of the limits ofliability prescribed in Articles 7 and 8 and paragraph 1 of Article 10， ifit is proved that the damage resulted from an act or omission of thecarrier done with the intent to cause such damage， or recklessly and withknowledge that such damage would probably result. 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　2. The servant or agent of the carrier or of the performing carriershall not be entitled to the benefit of those limits if it is proved thatthe damage resulted from an act or omission of that servant or agent donewith the intent to cause such damage， or recklessly and with knowledgethat such damage would probably result.Article 14 Basis for claims

　　No action for damages for the death of or personal injury to apassenger， or for the loss of or damage to luggage， shall be broughtagainst a carrier or performing carrier otherwise than in accordance withthis Convention.Article 15 Notice of loss or damage to luggage

　　1. The passenger shall give written notice to the carrier or hisagent：

　　(a) in the case of apparent damage to luggage：

　　(i) for cabin luggage， before or at the time of disembarkationof the passenger;

　　(ii) for all other luggage， before or at the time of itsre-delivery;

　　(b) in the case of damage to luggage which is not apparent， orloss of luggage， within fifteen days from the date of disembarkation orredelivery or from the time when such re-delivery should have taken place.

　　2. If the passenger fails to comply with this Article， he shall bepresumed， unless the contrary is proved， to have received the luggageundamaged.

　　3. The notice in writing need not be given if the condition of theluggage has at the time of its receipt been the subject of joint survey orinspection.Article 16 Time-bar for actions

　　1. Any action for damages arising out of the death of or personalinjury to a passenger or for the loss of or damage to luggage shall betime-barred after a period of two years.

　　2. The limitation period shall be calculated as follows：

　　(a) in the case of personal injury， from the date ofdisembarkation of the passenger;

　　(b) in the case of death occurring during carriage， from the datewhen the passenger should have disembarked， and in the case of personalinjury occurring during carriage and resulting in the death of thepassenger after disembarkation， from the date of death， provided that thisperiod shall not exceed three years from the date of disembarkation; 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　(b) signature subject to ratification， acceptance or approvalfollowed by ratification， acceptance or approval; or

　　(c) accession.

　　3. Ratification， acceptance， approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General of the Organization.Article 24 Entry into force

　　1. This Convention shall enter into force on the ninetieth dayfollowing the date on which ten States have either signed it withoutreservation as to ratification， acceptance or approval or have depositedthe requisite instruments of ratification， acceptance， approval oraccession.

　　2. For any State which subsequently signs this Convention withoutreservation as to ratification， acceptance or approval， or deposits itsinstrument of ratification， acceptance， approval or accession， theConvention shall come into force on the ninetieth day after the date ofsuch signature or deposit.Article 25 Denunciation

　　1. This Convention may be denounced by a Party at any time after thedate on which the Convention entered into force for that Party.

　　2. Denunciation shall be effected by the deposit of an instrument withthe Secretary-General of the Organization who shall inform all otherParties of the receipt of the instrument of denunciation and of the dateof its deposit.

　　3. A denunciation shall take effect one year after the deposit of aninstrument of denunciation， or after such longer period as may bespecified in the instrument.Article 26 Revision and amendment

　　1. A Conference for the purpose of revising or amending thisConvention may be convened by the Organization.

　　2. The Organization shall convene a Conference of the Parties to thisConvention for revising or amending it at the request of not less thanone-third of the Parties.

　　3. Any State becoming a Party to this Convention after the entry intoforce of an amendment adopted by a conference convened in accordance withthis Article should be bound by the Convention as amended.Article 27 Depositary 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　(c) in the case of loss of or damage to luggage， from the date ofdisembarkation or from the date when disembarkation should have takenplace， whichever is later.

　　3. The law of the court seized of the case shall govern the grounds ofsuspension and interruption of limitation periods， but in no case shall anaction under this Convention be brought after the expiration of a periodof three years from the date of disembarkation of the passenger or fromthe date when disembarkation should have taken place， whichever is later.

　　4. Notwithstanding paragraphs 1， 2 and 3 of this Article， the periodof limitation may be extended by a declaration of the carrier or byagreement of the parties after the cause of action has arisen. Thedeclaration or agreement shall be in writing.Article 17 Competent jurisdiction

　　1. An action arising under this Convention shall， at the option of theclaimant， be brought before one of the courts listed below， provided thatthe court is located in a State Party to this Convention：

　　(a) the court of the place of permanent residence or principalplace of business of the defendant， or

　　(b) the court of the place of departure or that of the destinationaccording to the contract of carriage， or

　　(c) a court of the State of the domicile or permanent residence ofthe claimant， if the defendant has a place of business and is subject tojurisdiction in that State， or

　　(d) a court of the State where the contract of carriage was made，if the defendant has a place of business and is subject to jurisdiction inthat State.

　　2. After the occurrence of the incident which has caused the damage，the parties may agree that the claim for damages shall be submitted to anyjurisdiction or to arbitration.Article 18 Invalidity of contractual provisions

　　Any contractual provision concluded before the occurrence of theincident which has caused the death of or personal injury to a passengeror the loss of or damage to his luggage， purporting to relieve thecarrier of his liability towards the passenger or to prescribe a lowerlimit of liability than that fixed in this Convention except as providedin paragraph 4 of Article 8， and any such provision purporting to shiftthe burden of proof which rests on the carrier， or having the effect ofrestricting the option specified in paragraph 1 of Article 17， shall benull and void， but the nullity of that provision shall not render void thecontract of carriage which shall remain subject to the provisions of thisConvention.Article 19 Other conventions on limitation of liability 颁布日期：19741213 实施日期：19870428 颁布单位：雅典 THE STATES PARTIES TO THIS CONVENTION， HAVING RECOGNIZED the desirability of determining by agreement certainrules relating to the carriage of passengers and their luggage by sea; HAVE

　　This Convention shall not modify the rights or duties of the carrier，the performing carrier， and their servants or agents provided for ininternational convention relating to the limitation of liability of ownersof seagoing ships.Article 20 Nuclear damage

　　No liability shall arise under this Convention for damage caused by anuclear incident：

　　(a) if the operator of a nuclear installation is liable for suchdamage under either the Paris Convention of July 29， 1960 on Third PartyLiability in the Field of Nuclear Energy as amended by its AdditionalProtocol of January 28， 1964， or the Vienna Convention of May 21， 1963 onCivil Liability for Nuclear Damage， or

　　(b) if the operator of a nuclear installation is liable for suchdamage by virtue of a national law governing the liability for suchdamage， provided that such law is in all respects as favourable to personswho may suffer damage as either the Paris or the Vienna Conventions.Article 21 Commercial carriage by public authorities

　　This Convention shall apply to commercial carriage undertaken byStates or Public Authorities under contracts of carriage within themeaning 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 willnot give effect to this Convention when the passenger and the carrier aresubjects or nationals of that Party.

　　2. Any declaration made under paragraph 1 of this Article may bewithdrawn at any time by a notification in writing to theSecretary-General of the Organization.Article 23 Signature， ratification and accession

　　1. This Convention shall be open for signature at the Headquarters ofthe Organization until December 31， 1975 and shall thereafter remain openfor accession.

　　2. States may become Parties to this Convention by：

　　(a) signature without reservation as to ratification， acceptanceor approval;