ADVOKS GLOBAL · KENYA
Merchant Shipping Act
396. Limits for passenger claims
Edition: 2023-12-11 · In force
396. Limits for passenger claims
(1)In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 175,000 special drawing rights multiplied by the number of passengers which the ship is authorised to carry according to the ship’s certificate.(2)For the purpose of this section, “claims for loss of life or personal injury to passengers of a ship” means any such claims brought by or on behalf of any person carried in that ship—(a)under a contract of passenger 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.(3)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 this Act, the ship’s certificate mentioned in subsection (1) shall be that certificate.