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Book 5 · Maritime trade  ›  Subchapter 2 · Contracts for the carriage of passengers and their luggage › Section 537

Definitions

The following definitions apply for the terms used in the present Subchapter:

1.  “carrier” means a person by whom a contract of carriage by sea of a passenger (contract for the carriage of passengers) has been concluded;

2.  “passenger” means:

a)  a person carried under a contract for the carriage of passengers; or

b)  a person who, with the consent of the carrier, is accompanying a vehicle or live animals that are being carried under a contract for the carriage of goods by sea;

3.  “luggage” means any article being carried under a contract for the carriage of passengers, with the exception of live animals;

4.  “cabin luggage” means the luggage that the passenger has in their cabin or that is otherwise in their possession; “cabin luggage” includes luggage that passengers have in or on their vehicle;

5.  “shipping incident” means a shipwreck, the capsizing, collision, or stranding of the ship, an explosion or fire in the ship, or a defect in the ship;

6.  “defect in the ship” means any malfunction, failure, or non-compliance with applicable safety regulations in respect of any part of the ship or its equipment when used for any of the following:

a)  escape, evacuation, embarkation or disembarkation of passengers;

b)  the propulsion, steering, safe navigation, mooring or anchoring, arriving at or leaving berth or anchorage, or damage control after flooding; or

c)  the launching of life-saving appliances.

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