Law4u - Made in India

What Are The Rights Of Passengers Under Maritime Law?

Answer By law4u team

Passengers traveling by sea have specific rights under maritime law designed to ensure their safety, dignity, and fair treatment. These rights stem from international maritime conventions, national laws, and contractual agreements between passengers and carriers. With the growth of the cruise industry and ferry services, protecting passenger rights has become increasingly important to address issues like accidents, delays, injury, and unsatisfactory services.

Key Rights of Passengers Under Maritime Law

1. Right to Safe Transport

Carriers are legally obligated to provide safe and seaworthy vessels, proper crew, and necessary safety equipment as per the International Convention for the Safety of Life at Sea (SOLAS) and other regulations.

2. Right to Clear Information

Passengers must receive clear and timely information regarding schedules, itineraries, ticket terms, and safety procedures.

3. Right to Compensation

In case of injury, delay, loss of baggage, or death due to carrier negligence, passengers may claim compensation under conventions like the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.

4. Right to Assistance

In emergencies such as shipwrecks or accidents, passengers have the right to receive assistance, evacuation, medical aid, and repatriation.

5. Right to Fair Treatment

Discrimination on grounds of race, nationality, gender, or disability is prohibited. Passengers should be treated respectfully and provided reasonable accommodation.

6. Right to Complain and Seek Redress

Passengers can file complaints regarding service quality, safety issues, or contractual disputes with the carrier, port authorities, or relevant maritime regulatory bodies.

7. Right to Proper Documentation

Carriers must issue valid tickets and receipts and ensure compliance with immigration and customs formalities for international voyages.

International and National Frameworks Protecting Passenger Rights

  • Athens Convention (2002 Protocol): Governs carrier liability and compensation.
  • IMO Guidelines on Passenger Rights: Offers recommendations on transparency and protection.
  • National Maritime Laws: Countries like India include passenger rights in their Merchant Shipping Acts and passenger vessel regulations.
  • Consumer Protection Laws: May also extend protections to passengers under certain jurisdictions.

Example

Scenario:

A passenger traveling on a cruise ship suffers an injury due to a wet and slippery deck. The ship operator failed to maintain safety measures.

Steps for Passenger Protection:

  • Report the Injury immediately to the ship’s medical team and log the incident.
  • File a Compensation Claim based on negligence under the Athens Convention.
  • Seek Medical Assistance and document all treatment and expenses.
  • Use Passenger Complaint Channels provided by the cruise line or port authorities.
  • If Needed, Approach Maritime Regulatory Bodies or consumer courts for further legal remedy.

This ensures passengers are protected and can receive due compensation and care.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Shivraj Vishvasrao Patil

Advocate Shivraj Vishvasrao Patil

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Property, Succession Certificate, Revenue

Get Advice
Advocate Ch Venkateswara Chary

Advocate Ch Venkateswara Chary

Labour & Service, Motor Accident, R.T.I, Cheque Bounce, Revenue

Get Advice
Advocate Anmol Solanki

Advocate Anmol Solanki

Cheque Bounce, Cyber Crime, Divorce, Motor Accident, Family

Get Advice
Advocate Kapil Kant

Advocate Kapil Kant

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, GST, R.T.I, Tax, Revenue, Domestic Violence, Family, High Court, Court Marriage, Child Custody, Corporate, Customs & Central Excise, Documentation, Trademark & Copyright, Wills Trusts, Supreme Court, Startup, RERA, Succession Certificate, Patent, Recovery, NCLT, Property, Muslim Law, Medical Negligence, Motor Accident, Landlord & Tenant, Media and Entertainment, Labour & Service, Immigration, Insurance, International Law

Get Advice
Advocate Anil Kumar Puthalapattu

Advocate Anil Kumar Puthalapattu

Criminal, Family, Divorce, Cheque Bounce, Banking & Finance, Anticipatory Bail, R.T.I, Medical Negligence, Muslim Law, Domestic Violence, Immigration, Insurance, Labour & Service, Consumer Court, Cyber Crime, Civil, Child Custody, Motor Accident, Breach of Contract, Revenue

Get Advice
Advocate Sharthak Mishra

Advocate Sharthak Mishra

Criminal, Corporate, Civil, NCLT, Motor Accident, Muslim Law, Family, High Court, Bankruptcy & Insolvency, Breach of Contract, Arbitration, Anticipatory Bail, Child Custody, Consumer Court, Divorce, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence

Get Advice
Advocate P N N Tagore

Advocate P N N Tagore

Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Property, RERA, Succession Certificate

Get Advice
Advocate Prasanna Sunkara

Advocate Prasanna Sunkara

Court Marriage, Documentation, Landlord & Tenant, R.T.I, Succession Certificate

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.