engleski

Compensation for damages in the eventh of the death of or personal injury to maritime passengers under Croatian Law

Contracts of carriage of passengers by sea are frequently concluded and performed in Croatia, due to its long coastline and numerous islands. They relate both to the transport of residents and tourists to and from the islands and to the maritime transport in the broad sense - which takes place in the context of cruises and excursions, not only by ships but also by boats. Unfortunately, during these transports and cruises accidents occur, causing in some cases death of or personal injury to passengers. Under Croatian law there are two legal regimes regulating carriers’ liability and compensation of passengers or their families for such damages. The first one is applicable to the compensation of damages suffered during the domestic carriage on board ships of classes C and D, in which case Croatian Maritime Code applies. The second one is applicable to compensation for damage suffered during the international carriage or a domestic carriage of passengers on board ships of classes A and B, in which case the Regulation (EC) 392/2009, incorporating Athens Convention of 2002, or the Athens Convention of 2002 applies. The passengers are much better protected under the second regime, as it provides for a more stringent liability of carriers, higher limits of liability, more favourable limitation criteria, compulsory insurance and direct action against the insurer. Such legal “dualism” unjustifiably discriminates between passengers and thus it should be, de lege ferenda, eliminated by extending the scope of application of Regulation to all sea-going voyages.

Contracts of carriage of passengers, death of or personal injury to passengers, Athens Convention of 2002, Regulation (EC) 392/2009, Croatian Maritime Code

nije evidentirano