Tourism Law in Europe

The exclusivity of the Montreal Convention is still best illustrated by reference to Sidhu v British Airways [1997] AC 430 , where exclusivity was determined conclusively by the House of Lords in the context of the Warsaw-Hague regime: “ I see no escape from the conclusion that, where the Convention has not provided a remedy, no remedy is available ”. This remains the position under the provisions of the Montreal Convention. 4. Carriage by Sea: Athens Convention The Athens Convention was first given effect in the United Kingdom by s.183 of the Merchant Shipping Act 1995. Three protocols, in 1976, 1990, 1992 and 2002 respectively, introduced a number of amendments. Within the EU, the Convention is given effect by Regulation (EC) No.392/2009, which applies in all EU and EEA member states, including, prior to Brexit, the UK. The Regulation lays down a regime for liability and insurance for the carriage of passengers by sea based on the Convention, as amended by the 2002 Protocol, and on the International Maritime Organisation Guidelines of 2006. Now that the UK has left the EU, however, the country has reverted to the pre-Regulation regime; the Convention will continue to be applied by the English courts, although in a slightly modified form, and it is as yet unclear as to precisely what form it will take within the UK in future months and years. In broad terms, the Convention is concerned with a carrier’s liability to passengers for death, personal injury and loss of or damage to luggage. It does not cover liability in respect of quality complaints which might arise in the context of, for example, a cruise which forms part of a regulated package holiday. Article 3 of the Convention, as amended, provides as follows: “ 1. For the loss suffered as a result of the death of or personal injury to a passenger caused by a shipping incident, the carrier shall be liable to the extent that such loss in respect of that passenger on each distinct occasion does not exceed 250 000 units of account, unless the carrier proves that the incident: (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or