SEA PASSENGER TRANSPORTATION AND LEGAL ISSUES: PASSENGER RIGHTS AND OBLIGATIONS

Passenger Transportation by Sea and Legal Issues: Passenger transportation contracts by sea are legal agreements between passengers and carriers that regulate passenger transportation by sea and involve the transportation of the passenger or the passenger and their baggage. These contracts define the rights, obligations, and responsibilities between ship owners (or operators) and passengers. Since these contracts are both service contracts and consumer contracts , the provisions of both the Turkish Commercial Code and the Turkish Code of Obligations are applicable to this contract. 1. Basic Characteristics of a Passenger Transportation Contract Parties: The parties to a passenger transportation contract are the ship owner/carrier and the passenger. The ship owner or carrier is the person or company that carries out the passenger transportation, and the passenger is the person who benefits from this service. Purpose: A passenger transportation contract regulates the transportation of passengers by ship along a defined route . This includes elements such as payment of transportation fees, loading and unloading conditions, and service quality. Responsibilities:  Carrier: Responsible for the safe transportation of the passenger, the seaworthiness of the ship , and the comfort of the passenger.  Passenger: Passengers have obligations such as complying with the terms of the contract, following safety instructions, and being respectful to other passengers. Baggage: The quantity and type of baggage a passenger may carry, and procedures in case of damage, are also specified in the contract. Passenger Rights and Obligations in the Passenger Transportation Contract: Passenger Rights:  Right to Safe Transportation: Passengers have the right to be transported safely by the carrier . This right includes the ship's seaworthiness, safety measures, and adequate emergency procedures.  Right to Comfortable Transportation: Passengers have the right to receive the services specified in the contract and to be provided with a comfortable travel environment. This includes matters such as cabin cleanliness, the quality of meals, and entertainment options .  Right to Information: Passengers have the right to access all information related to their trip (departure and arrival times, baggage limits, safety measures, etc.).

• Right to Complaint: Passengers have the right to complain if they encounter any deficiencies or problems in the services . • Right to Compensation: Passengers have the right to compensation in case of damages caused by the carrier's fault (e.g., delay, lost goods, injury). Passenger Obligations: • Compliance with Contract Terms: Passengers are obliged to comply with all terms specified in the contract. This includes obligations such as paying the ticket fare, following safety instructions, and complying with ship rules. • Compliance with Safety Measures: Passengers are obliged to comply with safety measures on board the ship. This includes obligations such as using life jackets correctly and participating in emergency drills. • Respect for Other Passengers: Passengers must be respectful to other passengers and not cause disturbance. • Assistance to Ship Crew: They have an obligation to assist ship crew in emergencies . • No Carrying Illegal Goods: Passengers must not bring prohibited or dangerous goods onto the ship. Special Circumstances:  Passengers with Disabilities: Additional services and facilities must be provided for passengers with disabilities.  Children: Special measures are required for the safety of children.  Pregnant Women: Special arrangements may be in place regarding the travel conditions and health status of pregnant women . Legal Protection: Various legal regulations exist to protect the rights of passengers. The Turkish Commercial Code, international conventions such as the Athens Convention, and consumer protection laws guarantee the rights of passengers. 2. International Regulations and Conventions: Athens Convention:  Definition: This international convention, adopted in 1974, establishes the fundamental regulations concerning the carriage of passengers at sea and related liabilities.  Key Provisions:  Liability: Regulates the situations in which carriers are liable for the death, injury, or loss of property of passengers . If the carrier;

If the passenger proves that their fault was the cause of the damage, the carrier may be partially or completely relieved of liability. For the carrier to be held liable in such cases , the injured party must prove that the damage occurred during the carriage process .  Limits of Liability: This convention sets limits on the carrier's liability.  Compensation: The passenger has the right to compensation if they suffer damage due to the carrier's negligent conduct.  Limitations: The amount of compensation is limited by specific limits specified in the convention . These limits vary depending on the damage suffered by the passenger .  Exceptions: The carrier may be partially or completely relieved of liability in certain circumstances. For example, the carrier may not be held liable in cases such as natural disasters or the passenger's own fault . Passengers' Rights to Compensation: According to the Athens Convention, passengers have the right to compensation in the following cases :  Death: In the event of the passenger's death, their legal heirs may claim compensation.  Injury: The passenger may claim compensation for any physical or mental injury .  Loss or Damage to Baggage: If a passenger's baggage is lost or damaged, the carrier is obligated to pay compensation.  Delay: In the event of a delay in a passenger's journey, compensation may be claimed under certain conditions . Convention on the Carriage of Passengers by Sea and its Liabilities (2002 Athens Protocol):  Definition: This protocol, adopted in 2002, updates and modernizes the 1974 Athens Convention.  Key Provisions: o Passenger Rights: Detailedly defines the rights and obligations of passengers and the responsibilities of carriers . o Compensation Limits: Establishes new compensation limits and expands the scope of passenger damages.

3. Types of Contracts:
Passenger Transportation Contract:
 Definition: Generally,
it is a contract in which a carrier promises to transport passengers from one place to another for a specified fee.
 Characteristics:

• Passenger Ticket: This
document certifies that the passenger has received the transportation service and has reached an agreement with the carrier.
• Scope of Service: The details of the services to be provided by the carrier
(meals, comfort, etc.) are specified in the contract.

Cruise Contract:
 Definition: These are contracts used for long-term cruise trips undertaken for vacation purposes
.
 Features:
o Vacation Itinerary: Specifies the duration, route, and stops of the cruise.
o Services and Amenities: All services on board (accommodation,
meals, entertainment) are included in the contract.

4. Passenger Rights and Protection:  Information: Passengers must be provided with sufficient information about the scope of the transportation services, potential risks, and the vessel.  Safety: Standards established for vessel safety must be adhered to, and necessary measures must be taken to ensure the safety of passengers.  Assistance and Compensation: In case of passenger injury or delays , carriers have certain obligations and liability for compensation . 5. Service Quality and Complaint Management:  Service Quality: Carriers have an obligation to provide passengers with a certain quality of service. This includes comfort, cleanliness, and overall service standards.  Complaints and Resolution: There must be a mechanism for passengers to submit complaints , and these complaints must be resolved appropriately. 6. Dispute Resolution:  Arbitration and Mediation: In passenger transportation contracts, alternative dispute resolution methods such as arbitration and mediation may be used to resolve disputes.  International and Local Courts: Special courts or commissions may exist for disputes at the international level . Local courts provide solutions within the framework of local laws. 7. Innovations and Technologies in Maritime Passenger Transportation:  Digital Ticketing and Reservation Systems: Legal implications and compliance issues of electronic ticketing and digital reservation systems.

 Artificial Intelligence and Data Analytics:
Technologies used to improve customer service and increase operational efficiency.

Law Student Intern Nursena İbanoğlu