Section 175: Application of Part VIII

175. Application of Part VIII (1) Subject to subsection (2), where a dispute concerning the carriage of a passenger or his luggage by sea is brought before a Court, this Part shall apply to an international carriage where— (a) the ship is flying the flag of, or is registered in, a State party to the Athens Convention; [Issue 2] M62 – 84 Revised Laws of Mauritius (b) the contract of carriage has been made in a State party to the Athens Convention; or (c) the place of departure or destination according to the contract of carriage is in a State party to the Athens Convention. (2) Notwithstanding subsection (1), this Part shall not apply where the carriage is subject to any other international convention concerning civil liability with respect to the carriage of passengers or luggage by another mode of transportation, in so far as that convention has mandatory application to carriage by sea. (3) For the purposes of subsection (2), any provision of an international Convention which does not have mandatory application to carriage by sea shall be treated as having mandatory application to carriage by sea if it is stated in the contract of carriage that the provision is to apply to the carriage. (4) This Part shall apply to commercial carriage undertaken by ships owned by the Government of the Republic of Mauritius or a public authority under a contract of carriage. (5) Nothing in this Part shall affect the operation of section 211 (3) which limits a shipowner’s liability in certain cases of loss of life, injury or damage. (6) Nothing in section 212, which limits a shipowner’s liability for the loss of or damage to goods in certain cases, shall relieve a person of any liability imposed on him by this Part.