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Unfair Contract Terms Act 1977

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28 Temporary provision for sea carriage passengers.E+W+S+N.I.

(1)This section applies to a contract for carriage by sea of a passenger or of a passenger and his luggage where the provisions of the Athens Convention (with or without modification) do not have, in relation to the contract, the force of law in the United Kingdom.

(2)In a case where—

(a)the contract is not made in the United Kingdom, and

(b)neither the place of departure nor the place of destination under it is in the United Kingdom,

a person is not precluded by this Act from excluding or restricting liability for loss or damage, being loss or damage for which the provisions of the Convention would, if they had the force of law in relation to the contract, impose liability on him.

(3)In any other case, a person is not precluded by this Act from excluding or restricting liability for that loss or damage—

(a)in so far as the exclusion or restriction would have been effective in that case had the provisions of the Convention had the force of law in relation to the contract; or

(b)in such circumstances and to such extent as may be prescribed, by reference to a prescribed term of the contract.

(4)For the purposes of subsection (3)(a), the values which shall be taken to be the official values in the United Kingdom of the amounts (expressed in gold francs) by reference to which liability under the provisions of the Convention is limited shall be such amounts in sterling as the Secretary of State may from time to time by order made by statutory instrument specify.

(5)In this section,—

(a)the references to excluding or restricting liability include doing any of those things in relation to the liability which are mentioned in section 13 or section 25(3) and (5); and

(b)the Athens Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974;and

(c)prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument;

and a statutory instrument containing the regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

C1Power to modify s. 28 conferred: by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 16(3); (1.1.1996) by 1995 c. 21, ss. 184(2), 316(2) (with ss. 312(1), 314, Sch. 14 para. 1)

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