DENMARK Law and Practice Contributed by: Johannes Grove Nielsen, Camilla Søgaard Hudson, Lars Rosenberg Overby and Malthe Hersom Kløft, Bech-Bruun
nection with the operation of the ship or salvage operations; • the raising, removal, destruction or rendering harm - less of a ship that is sunk, wrecked, stranded or abandoned, including anything that is or has been on board that ship; • the removal, destruction or rendering harmless of the cargo of the ship; and • measures taken to avert or mitigate loss that is, or would be, subject to limitation of liability, as well as loss caused by such measures. The right to global limitation of liability does not apply to: • claims for reward for salvage or contribution in general average; • claims subject to any international convention or national legislation governing or prohibiting limita - tion of liability for nuclear damage; and • claims arising from nuclear damage caused by a nuclear-powered ship. For claims resulting from the ship’s own passengers dying or being injured, the liability limit is 400,000 SDR (Special Drawing Rights) multiplied by the number of passengers the ship is permitted to carry under its certificate. For other claims in the event of death or personal inju - ry, the liability limit is 3.02 million SDR for ships with a tonnage of 2,000 tons or less. For a ship with a larger tonnage, the liability limit is increased as follows: • for each ton from 2,001 to 30,000 tons, an increase of 1,208 SDR; • for each ton from 30,001 to 70,000 tons, an increase of 906 SDR; and • for each ton over 70,000 tons, an increase of 604 SDR. The limit of liability for claims relating to the location, marking and removal of a wreck is 2 million SDR for non-passenger ships operating exclusively on regular scheduled services. For such vessels with a tonnage of more than 1,000, the liability limit is increased as follows:
• for each ton from 1,001 to 2,000, by 2,000 SDR; • for each ton from 2,001 to 10,000, by 5,000 SDR; and • for every ton over 10,001, by 1,000 SDR. The liability limit for all other claims, as well as for any uncovered portion of claims relating to the ship’s own passengers’ death or personal injury, is 1.51 million SDR for ships with a tonnage of 2,000 tons or less. For a ship with a larger tonnage, the liability limit is increased as follows: • for each ton from 2,001 to 30,000 tons, by 604 SDR; • for each ton from 30,001 to 70,000 tons, by 453 SDR; and • for each ton over 70,000 tons, by 302 SDR. 3.6 Seafarers’ Safety and Owners’ Liability Denmark is a signatory state to the 2006 Maritime Labour Convention. With regard to working environments on Danish ter - ritory – ie, on Danish land and in Danish waters – the Working Environment Act applies. The Working Envi - ronment Act applies to Danish and foreign ships with regard to the loading and unloading of ships, and to shipyard work on board ships and work that is equiva - lent thereto. The Working Environment Act is admin - istered by the Danish Working Environment Authority. The Safety at Sea Act and the Seafarers’ Employment Conditions Act apply to Danish ships, including out - side Danish territories. Specific Executive Orders have been adopted under these acts, such as the Execu - tive Order on Working Environments in Ships and the Executive Order on Seafarers’ Rest Periods. These regulations are considered maritime law and admin - istered by the Danish Maritime Authority.
4. Cargo Claims 4.1 Bills of Lading
Denmark is a party to the 1968 Hague-Visby Rules and has incorporated the Rules into the Danish Mer - chant Shipping Act.
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