The contract also imposes strict limits on compensation for lost property,
with a ceiling of £322 ($500) per passenger.
But to make a claim passengers must “request that the vessel’s officers or
agents” verify the loss or damage at the port of disembarkation.
In any case a vast array of times are explicitly excluded including cameras,
computers, contact lenses, CDs, mobile phones and even what is described in
the contract as “dental hardware”.
Any action will have to be registered in Genoa, but an added complication
arises over whether the passengers will be able to benefit from the Athens
convention at all.
But lawyers were divided whether the convention will apply given that Italy is
not a signatory. But just to complicate matters, the convention has just
been adopted as European law under an EU directive which came into force in
December.
This could prove irrelevant with the contract making clear that it will be
able to choose whichever legal provisions limit its liability the most. The
small print also appears to head off action being taken against the captain
or his insurers.
However passengers could hope that the Italian courts find the conditions
oppressive and lawyers last night questioned whether the terms could be
foisted on British clients.
Also according to Clive Garner, a partner at Irwin Mitchell, action could be
taken against the manufacturers of any faulty equipment held to be a factor
in causing the disaster. This could lead to a wave of law suits in the
United States, where more substantial damages could be sought.
The crew and entertainment staff on board, including several Britons, could
find themselves in a better position, Mr Garner added.
“They will be able to sue under their contracts of employment and Italian
employment laws provide a very high level of protection for the workforce.”
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