CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
5. Passenger Claims 5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims The main international conventions and domes - tic laws applicable to Cyprus for maritime pas - senger claims are as follows. • The LLMC Convention, specifically its Article 2.1(b) (and subject to certain exceptions men - tioned in Articles 3 and 4), pursuant to which claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage shall be subject to limitation of liability. • Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways. • The Merchant Shipping (Liability of Carriers of Passengers by Sea in the Event of Accidents) Law No 5(I)/2014, transposing Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents into national law (although Cyprus is not a contracting member of the Athens Conven - tion, Law No 5(I)/2014 incorporates provisions of that Convention). This sets out limitations of liability for death, personal injury, and loss and damage to luggage and vehicles. • The Shipwrecked Passengers Law, Chapter 297, which sets limitations for the amount recovered for expenses related to the har - bouring and forwarding of shipwrecked pas - sengers. See 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo regarding the time bar for filing court claims in Cyprus for bringing a claim in breach of contract and in negligence.
Claims for indemnities for personal injury of a passenger can be recognised as maritime claims. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Cyprus courts will generally recognise and enforce a jurisdiction clause stated in a bill of lading. However, they may still consider whether there are adequate grounds for displacing the prima facie presumption of insisting on the par - ties honouring their bargain. This presumption may be rebutted for “good and sufficient rea - sons”. In relation to jurisdiction clauses, the Cyprus courts will take the following factors into con - sideration: • the country in which the evidence on the mat - ters in dispute is situated or readily available; • the relevant benefits of each alternative juris - diction in terms of facilitating a better trial at less cost; • to what extent the foreign law applies to the matters in dispute and, if this is the case, to what extent it is substantially different from Cyprus law; • the country to which each of the parties is linked and how close this connection is; • whether the defendant sincerely wishes the issue in question to be tried somewhere else or whether they are just seeking a procedural advantage; and • to what extent the plaintiffs will be prejudiced in the case of filing proceedings abroad.
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