SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
Time Limit to File a Claim The time limit for any action for damages arising out of the death of or personal injury to a pas - senger or for the loss of or damage to luggage is two years. This time limit is the same for actions under the Athens Convention, the EU Regula - tions or the SSA. This two-year period may be interrupted and renewed by a letter of demand or by acknowl - edgement of liability. Limitations on Liabilities Available to the Owners in Respect of a Passenger’s Claim Carrier’s liability for the loss suffered as a result of the death or personal injury to a passenger is limited to 400,000 SDR per person on each distinct occasion. In case of death of or personal injury to a pas - senger as a result of a shipping incident, the carrier will be liable up to 250,000 SDR, unless they prove that the incident resulted from an act of war, hostilities, civil war, insurrection or force majeure, or was wholly caused by an act or omission by a third party with the intent to cause the incident. If and to the extent that the loss exceeds this limit, and up to a limit of 400,000 SDR, the carrier will also be liable unless the carrier proves that the incident occurred without their fault or neglect. For death or personal injury not caused by a shipping incident, the carrier will be liable if the incident was due to the fault or neglect of the carrier. The burden of proof lies on the passen - ger. Spain has not exercised the option to increase the limits of liability in the case of death or per - sonal injury.
Liability of the carrier for the loss of or damage to cabin luggage is limited to 2,250 SDR per pas - senger, per carriage. Liability of the carrier for the loss of or damage to vehicles, including all luggage carried in or on the vehicle, is limited to 12,700 SDR per vehicle, per carriage. For other types of luggage, liability will not exceed 3,375 SDR per passenger, per carriage. A deductible amount, not exceeding 330 SDR for a vehicle and 149 SDR for other luggage, may be agreed between the carrier and the pas - senger. The limits of liability may be increased by agree - ment between the carrier and the passenger. Would claims for indemnities for personal injury of a passenger be recognised as a maritime lien or a maritime claim? Spain has ratified the Lien Convention, which establishes, in Article 4.1(b), that claims in respect of loss of life or personal injury occur - ring in direct connection with the operation of the vessel, will be secured by a maritime lien on the vessel. This provision includes all personal injury or loss of life claims arising from the Ath - ens Convention. However, a claim either in tort or contract for loss or damage to passengers’ effects is not recognised as a maritime claim. Both claims for loss or life or personal injury and claims for loss or damage to passengers’ effects would be considered maritime claims following Article 1.1(b) and Article 1.1(h) of the 1999 Arrest Convention, which is in force in Spain.
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