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Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (Text with EEA relevance)
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250 000 units of account in respect of each passenger on each distinct occasion,
or
340 million units of account overall per ship on each distinct occasion.
250 000 units of account in respect of each passenger on each distinct occasion,
or
340 million units of account overall per ship on each distinct occasion.
to reflect the limitations of liability and the requirements for insurance cover referred to in paragraphs 1.2, 1.6, 1.7 and 1.9, and
to include such other limitations, requirements and exemptions as it finds that the insurance market conditions at the time of the issue of the certificate necessitate.
Both war and non war insurance may be subject to the following clauses:
Institute Radioactive Contamination, Chemical, Biological, Bio-chemical and Electromagnetic Weapons Exclusion Clause (Institute clause No 370);
Institute Cyber Attack Exclusion Clause (Institute clause No 380);
the defences and limitations of a provider of compulsory financial security under the Convention as modified by these guidelines, in particular the limit of 250 000 units of account per passenger on each distinct occasion;
the proviso that the insurance shall only cover liabilities subject to the Convention as modified by these guidelines; and
the proviso that any amounts settled under the Convention shall serve to reduce the outstanding liability of the carrier and/or its insurer under Article 4bis of the Convention even if they are not paid by or claimed from the respective war or non war insurers.
War insurance shall cover liability, if any; for the loss suffered as a result of death or personal injury to passenger caused by:
war, civil war, revolution, rebellion, insurrection, or civil strife arising there from, or any hostile act by or against a belligerent power,
capture, seizure, arrest, restraint or detainment, and the consequences thereof or any attempt thereat,
derelict mines, torpedoes, bombs or other derelict weapons of war,
act of any terrorist or any person acting maliciously or from a political motive and any action taken to prevent or counter any such risk,
confiscation and expropriation,
and may be subject to the following exemptions, limitations and requirements:
War Automatic Termination and Exclusion Clause
In the event the claims of individual passengers exceed in the aggregate the sum of 340 million units of account overall per ship on any distinct occasion, the carrier shall be entitled to invoke limitation of his liability in the amount of 340 million units of account, always provided that:
this amount should be distributed amongst claimants in proportion to their established claims,
the distribution of this amount may be made in one or more portions to claimants known at the time of the distribution, and
the distribution of this amount may be made by the insurer, or by the Court or other competent authority seized by the insurer in any State Party in which legal proceedings are instituted in respect of claims allegedly covered by the insurance.
30 days notice clause in cases not covered by 2.2.1.
Non-war insurance should cover all perils subject to compulsory insurance other than those risks listed in 2.2, whether or not they are subject to exemptions, limitations or requirements in 2.1 and 2.2.
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith
ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;
the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;
any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter;
the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes;
any chemical, biological, bio chemical, or electromagnetic weapon.
Whether or not such notice of cancellation has been given cover hereunder shall TERMINATE AUTOMATICALLY
This insurance excludes
Certificate furnished as evidence of insurance pursuant to Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002.
Name of Ship:
IMO Ship Identification Number:
Port of registry:
Name and Address of owner:
This is to certify that there is in force in respect of the above named ship while in the above ownership a policy of insurance satisfying the requirements of Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002, subject to all exceptions and limitations allowed for compulsory war insurance under the Convention and the implementation guidelines adopted by the Legal Committee of the International Maritime Organisation in October 2006, including in particular the following clauses: [Here the text of the Convention and the guidelines with appendices can be inserted to the extent desirable]
Period of insurance from: 20 February 2007
to: 20 February 2008
Provided always that the insurer may cancel this certificate by giving 30 days written notice to the above Authority whereupon the liability of the insurer hereunder shall cease as from the date of the expiry of the said period of notice but only as regards incidents arising thereafter.
Date:
This certificate has been issued by: | War Risks, Inc [Address] |
… Signature of insurer | As agent only for War Risks, Inc. |
Certificate furnished as evidence of insurance pursuant to Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002
Name of Ship:
IMO Ship Identification Number:
Port of registry:
Name and Address of owner:
This is to certify that there is in force in respect of the above named ship while in the above ownership a policy of insurance satisfying the requirements of Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002, subject to all exceptions and limitations allowed for non-war insurers under the Convention and the implementation guidelines adopted by the Legal Committee of the International Maritime Organisation in October 2006, including in particular the following clauses: [Here the text of the Convention and the guidelines with appendices can be inserted to the extent desirable]
Period of insurance from: 20 February 2007
to: 20 February 2008
Provided always that the insurer may cancel this certificate by giving three months written notice to the above Authority whereupon the liability of the insurer hereunder shall cease as from the date of the expiry of the said period of notice but only as regards incidents arising thereafter.
Date:
This certificate has been issued by: | PANDI P&I [Address] |
… Signature of insurer | As agent only for PANDI P&I |
CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF LIABILITY FOR THE DEATH OF AND PERSONAL INJURY TO PASSENGERS
Issued in accordance with the provisions of Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002
Name of ship | Distinctive number or letters | IMO ship identification number | Port of registry | Name and full address of the principal place of business of the carrier who actually performs the carriage |
---|---|---|---|---|
This is to certify that there is in force in respect of the abovenamed ship a policy of insurance or other financial security satisfying the requirements of Article 4bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002.
Type of Security …
Duration of Security …
Name and address of the insurer(s) and/or guarantor(s)
The insurance cover hereby certified is split in one war insurance part and one non-war insurance part, pursuant to the implementation guidelines adopted by the Legal Committee of the International Maritime Organisation in October 2006. Each of these parts of the insurance cover is subject to all exceptions and limitations allowed under the Convention and the implementation guidelines. The insurers are not jointly and severally liable. The insurers are:
For war risks: War Risks, Inc., [address]
For non-war risks: Pandi P&I, [address]
This certificate is valid until …
Issued or certified by the Government of …
(Full designation of the State)
OR
The following text should be used when a State Party avails itself of Article 4bis, paragraph 3:
The present certificate is issued under the authority of the Government of … (full designation of the State) by … (name of institution or organisation)
At … | On … |
(Place) | (Date) |
…
(Signature and title of issuing or certifying official)
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