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Section 201: Limits for passenger claims

Merchant Shipping Act · PART IX: LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

201. Limits for passenger claims (1) (a) In respect of a claim arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner shall be an amount of 46,666 special drawing rights multiplied by the number of passengers which the ship is authorised to carry according to the ship’s certificate, but not exceeding 25 million special drawing rights. [Issue 2] M62 – 94 Revised Laws of Mauritius (b) In this subsection— “claim for loss of life or personal injury to passengers of a ship” means any such claim brought by or on behalf of any person carried in that ship— (i) under a contract of passenger carriage; or (ii) 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. (2) In the case of a ship for which there is in force a Passenger Ship Safety Certificate or Passenger Certificate, as the case may be, issued under or recognised by any relevant Safety Regulations, the ship’s certificate mentioned in subsection (1) shall be that certificate.

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