SECTION V. Carriage by Sea.
Chapter 3. Contract of Carriage of Passenger by Sea.
Clause 184. Definition of Contract.
In accordance with the contract of carriage of a passenger by sea, the Carrier shall undertake to carry the passenger and his hand (cabin) baggage (luggage) to the port of destination and, if the passenger registered (checked) his baggage, to deliver said baggage to the port of destination and hand it in to the person authorized for its receipt; the passenger shall pay an established fare for the passage and, if he has registered the baggage, a payment for carriage thereof.
Carriage shall embrace a time during which the passenger and his hand baggage stay on board the vessel, embarkation and disembarkation time as well as the time of delivering the passenger from the vessel ashore and back, if a payment for said delivery is included in the price of the ticket or if the vessel that is used for said delivery has been provided by the Carrier.
Clause 185. Scope of Application of Contract.
The rules of this Chapter shall be applicable to carriage of a passenger and his baggage provided:
- the vessel flies the State Flag of Ukraine;
- the Contract is concluded in Ukraine;
- in accordance with the Contract, the place of arrival or destination is situated within the territory of Ukraine.
Any agreements of the Parties limiting the rights of a passenger stipulated by this Clause shall be invalid.
Clause 186. Invalidity of Contract Terms.
Any condition of the Contract concluded prior to the event that caused the passenger's death or deterioration of his health, or loss of or damage to his baggage, that relieves the Carrier from liability before the passenger or sets the limit of liability lower than that indicated in Clause 194 of this Code as well as any other condition aimed at the transfer of the burden of proving one's right that stays with the Carrier, upon the passenger, shall be invalid. But the invalidity of this condition (agreement) shall not cause the invalidity of the Contract which shall continue to be determined by the rules of this Chapter.
Clause 187. Proof of Contract's Conclusion.
The proof of the conclusion of contract and payment of due fare for the carriage shall be the ticket handed in to the passenger. Handing in the baggage to the Carrier shall be evidenced by baggage receipt.
Clause 188. Cancellation of Contract by Passenger.
The passenger shall have the right to cancel the Contract at any time prior to departure of the vessel and, after commencement of the voyage, at any port where the vessel may call for embarkation or disembarkation of passengers.
The passenger who has informed the Carrier of his cancelling the Contract shall have the right to get back his fare and payment for the carriage of baggage according to the procedure and in terms set by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.
If the passenger has cancelled the Contract not later than after expiration of the term established by carriage regulations or has not appeared in person by the departure of the vessel due to illness or has cancelled the Contract prior of the departure of the vessel for the same reason certified by appropriate document or due to reasons dependent upon the Carrier, the passenger shall be given back in full the fare and payment for carriage of baggage.
Clause 189. Cancelation of Contract by Carrier.
The Carrier shall have the right to cancel the Contract at the advent of the circumstances mentioned in the items 1-4 of Clause 156 of this Code. The Contract shall be terminated without its cancellation by the parties at the advent of the circumstances mentioned in items 1 and 2 of the first part of Clause 158 of this Code.
If the Contract has been terminated prior to the departure of the vessel, the passenger shall be given back in full the fare and payment for the carriage of baggage and, if the Contract has been terminated after commencement of the voyage - a part of said amount in proportion to the distance that was not covered by carriage.
The Carrier shall have the right to suspend the departure of the vessel, change the carriage route, place of embarkation and / or disembarkation / of the passenger provided said actions become necessary because of natural calamities (disasters), unfavorable sanitary and epidemiological conditions in the port of departure, destination or call en route as well as because of other events and occurrences not dependent on the Carrier and making the performance of the Contract impossible.
Clause 190. Rights of Passenger.
The passenger shall have the rights of:
- carrying children with him free of charge or on favorable terms;
- carrying a cabin baggage with him free of charge within established limits;
- registering a baggage for carriage at a tariff rate.
The passenger shall notify the Carrier or his agent in writing of any loss of or damage to said baggage:
a) in case of a visible damage to the cabin baggage - prior to or at the passenger's disembarkation;
b) in case of a visible damage to the other baggage - prior to or at the delivery of said baggage;
c) in case the baggage is lost or its damage is not visible - within 15 days since the day of disembarkation or the day of baggage receipt or the day when it should have been handed in to the passenger.
In case the passenger has not fulfilled the requirements of this Clause, it shall be considered, unless proven otherwise, that the passenger has received his baggage undamaged.
In case said baggage has been jointly checked at the moment of its receipt, no written notification shall be necessary.
The baggage that has not been claimed within three months since arrival of the vessel to the port of destination may be sold following the procedure determined by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.
Clause 191. Insurance of Passenger.
In accordance with the Contract the passenger shall be subject to compulsory accident insurance as determined by the Law of Ukraine. An insurance premium paid by the passenger shall be included in the ticket cost.
Clause 192. Seaworthiness of Vessel.
The Carrier shall undertake to bring the vessel, prior to commencement of carriage, to a condition fit for sailing and safe carriage of passengers, to timely outfit and supply the vessel with all necessary for the voyage, to man the vessel and maintain her in said condition during the entire period of carrying the passenger by sea.
Clause 193. Liability of Carrier.
I he Carrier shall be responsible lor net ions that have resulted in passenger's death or health deterioration as well as loss of or damage to the baggage, provided said actions leading to said losses and damage have occurred during the carriage and have resulted from the fault or negligence of the Carrier, his servants or agents performing their duties within their competence.
The Carrier shall be liable for the shortage, loss of or damage to the baggage received for carriage as well as for delay in its delivery, unless he proves that said losses, damage or delay have not been caused by his fault.
The Carrier shall be liable for the losses of or damage to the cabin baggage only if the passenger proves that said loss or damage were caused by wrongful intention or negligence of the Carrier.
The Carrier shall not be liable for loss of or damage to the banknotes (money), bonds (securities), precious metals and articles made thereof, jewelry, works of art or other valuables, excluding the cases when said valuables were handed over to the Carrier who has given his consent for their safe storage. In the latter case the Carrier's liability shall be limited by the amount set by the fourth part of Clause 194 of this Code.
In case the Carrier proves that the passenger's death or health deterioration, the loss of or damage to his baggage were caused by his own fault or negligence, the Court considering a suit may liberate the Carrier from said liability in full or in part.
Clause 194. Limits of Carrier's Liability.
In case of the passenger's death or health deterioration, the Carrier's liability shall in no case exceed 175.000 units of account in relation to the carriage as a whole.
The Carrier's liability for loss of or damage to the cabin baggage shall in no case exceed 1800 units of account per one passenger relative to the carriage as a whole. The Carrier's liability for loss of or damage to a car including all the baggage carried therein shall in no case exceed 10.000 units of account per one car, relative to the whole carriage.
The Carrier's liability for loss of or damage to the baggage other than that mentioned in the second and the third parts of this Clause shall in no case exceed 2700 units of account per one passenger relative to the whole carriage.
The Carrier and the passenger are at liberty to determine, by clearly stated written agreement, higher limits of liability than those indicated in parts 1-4 of this Clause.
The Carrier, Carrier's servant or agent shall not have the right to make use of the limits set by this Clause if it is proven that said damage or losses were caused by actions or negligence of the Carrier, his servant or agent that have resulted from wrongful intention to inflict said damage or losses or made presumptiously, with awareness of possible damage and losses.