Tourism Law in Europe

caused the loss occurred in the course of the carriage, and the extent of the loss, shall lie with the claimant. 7. Nothing in this Convention shall prejudice any right of recourse of the carrier against any third party, or the defence of contributory negligence under Article 6 of this Convention. Nothing in this Article shall prejudice any right of limitation under Articles 7 or 8 of this Convention. 8. Presumptions of fault or neglect of a party or the allocation of the burden of proof to a party shall not prevent evidence in favour of that party from being considered. ”. Article 3 provides for recovery of damages against a carrier in two distinct situations, then. If the Claimant shows that he has been injured as a result of a shipping incident which takes place during the course of carriage by sea, he will recover no more than about £265,000 unless the carrier can show that the incident was caused by some very unusual phenomenon or piracy/terrorism, in which case the Claimant recovers nothing. If the claim is worth over £265,000 the Claimant may recover its full value, but the carrier has a defence to the claim if the carrier can show that the shipping incident did not occur as a result of its fault or neglect. If the Claimant is injured in the course of carriage by sea, but the nature of the incident falls outside the definition of a shipping incident within the meaning of Article 3, he must prove fault or neglect on the part of the carrier. The incident must occur in the ‘course of the carriage’. Pursuant to Article 1.8, carriage for this purpose includes the course of embarkation and disembarkation, includes travel to a ship by tender if the transfer is included in the fare or the tender is provided by the carrier, but excludes any period during which they are in a marine/port terminal or station/quay. The English courts have considered the definition of ‘embarkation’ and ‘carriage’ on a number of occasions, and the authorities are by nomeans easy to reconcile [cf Lawrence v NCL [2016] 5 WLUK 109 , Collins v Lawrence [2017] 1 Lloyd’s Rep 13 and Jennings v TUI UK Ltd [2018] EWHC 82 (Admlty) ]. Pursuant to Article 7, the liability of the carrier for death or personal injury is limited (subject to the carrier’s terms and conditions) to 400,000 units of account, or about £430,000. The amount of damages awarded to a passenger who establishes liability is calculated by taking the value of the domestic currency against the Special Drawing Right