Section 174: Interpretation of Part VIII

174. Interpretation of Part VIII (1) In this Part— “Athens Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974; “cabin luggage”— (a) means luggage which a passenger has in his cabin or which is otherwise in his possession, custody or control; and (b) includes, except for the purposes of subsection (2) and section 181, luggage which the passenger has in or on his vehicle; “carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier; “contract of carriage” means a contract for reward made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be; “international carriage” means carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State; “loss of, or damage to, luggage”— (a) includes pecuniary loss resulting from the luggage not having been redelivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried; but (b) does not include delay in delivery luggage resulting from labour disputes; “luggage”— (a) means any article or vehicle carried by the carrier under a contract of carriage; but (b) does not include— (i) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods; or M62 – 83 [Issue 2] Merchant Shipping Act (ii) live animals; “passenger” means a person carried on a ship— (a) under a contract of carriage; or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods; “performing carrier” means a person, other than the carrier, who is the owner, charterer or operator of a ship and who actually performs the carriage; “ship”— (a) means a seagoing vessel; but (b) does not include an air-cushion vehicle. (2) For the purposes of this Part— “carriage” covers the following periods— (a) with regard to the passenger and his cabin luggage, the period during which the passenger and his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice versa, where the cost of such transportation is included in the fare or where the vessel used for the purpose of auxiliary transportation has been put at the disposal of the passenger by the carrier; (b) with regard to the passenger, the period referred to in paragraph (a), but excluding the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation; (c) with regard to cabin luggage, the period referred to in paragraph (a) as well as the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation where the luggage has been taken over by the carrier or his agent and has not been redelivered to the passenger; and (d) with regard to luggage other than cabin luggage, the period from the time it is taken over by the carrier or his agent ashore or on board until other port installation; (c) with regard to cabin luggage, the period referred to in paragraph (a) as well as the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation where the luggage has been taken over by the carrier or his agent and has not been redelivered to the passenger; and (d) with regard to luggage other than cabin luggage, the period from the time it is taken over by the carrier or his agent ashore or on board until the time it is redelivered by the carrier or his servant or agent.