International law
1. The Athens Convention of 1974 on the carriage of passengers and their luggage by sea, as amended in 2002 is relevant in this context, cf. Articles 2 and 3 of EU Regulation 392/2009.
2. The Regulation applies to passenger ships of classes A and B, i.e. passenger ships performing voyages on open seas with high waves, and includes most, but not all, of the provisions of the 1974 Athens Convention, as amended in 2002. The Regulation requires shipowners performing voyages with ships of these classes to take out insurance to cover liability, including passenger liability, as defined in the Regulation.
The EU summary referred to below explains the passenger rights granted by the Regulation, including the right to compensation from the shipowners’ insurers for death, personal injury and loss of or damage to cabin luggage.
Supplementary Danish law
3. Chapter 15 of the Danish merchant shipping act extends the scope of application of the Regulation in Danish law. Chapter 15 rules that most, but not all, of the provisions of the Regulation also apply to passenger ships of classes C and D plus ships carrying no more than 12 passengers. Section 403a, subsection 2, lists the exceptions:
“Classes C and D passenger ships and ships carrying no more than 12 passengers on domestic voyages shall not be liable for passenger injuries as a consequence of terror or passenger injuries covered by the requirements on compensation for disability aids, advance payment and the obligation to inform stipulated in the regulation mentioned in subsection 1”.
Chapter 15 requires shipowners performing domestic voyages with these types of ships to take out insurance to cover liability, including liability for passengers, as defined in the chapter.
4. Order 9/2013 on certificates confirming insurance or other guarantee elaborates on the provisions of chapter 15, and order 47/2014 as well as order 1525/2015 further amend order 9/2013. However, these orders do not change the liability of the shipowners, the requirements for the shipowners to take out insurance or the rights of passengers to compensation in the event of accidents when travelling by sea.