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CHAPTER 6 Carriage of Passengers

Maritime Law

Page 226 CHAPTER 6 Carriage of Passengers Carriage of Passengers Michael Tsimplis 1 Introduction 1 Claims arising as a result of accidents to passengers on ships have provided a fertile field for maritime lawyers with many high profile accidents bringing attention to this issue, perhaps the most famous one being the loss of the Titanic in 1912. 2 Passengers’ rights and obligations visà-vis the carrier 3 are of a contractual nature with the contract evidenced by the issuance of the ticket. The contractual terms are usually written by the carrier, and the passenger has little or no capability to negotiate. In the past, this has enabled carriers to reduce their liability to passengers Page 227 significantly, or even exclude it entirely by inserting exemption or limitation clauses at will. 4 The law nationally 5 and internationally has gradually developed extra protection for passengers who are at a disadvantage due to their lack of negotiating power.

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