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Book 5 · Maritime trade  ›  Chapter 7 · General limitation of liability › Section 611

Convention as to the limitation of liability

(1) The liability for maritime claims may be limited pursuant to the Convention on Limitation of Liability for Maritime Claims of 19 November 1976 (published in the Federal Law Gazette (Bundesgesetzblatt) 1986 II p. 786), as amended by the protocol of 2 May 1996 (Federal Law Gazette 2000 II p. 790), in the version respectively valid for the Federal Republic of Germany (Convention on Limitation of Liability for Maritime Claims). This also applies to liability for bunker-oil pollution damage in accordance with the International Convention of 2001 on Civil Liability for Bunker Oil Pollution Damage (Federal Law Gazette 2006 II p. 578) (Bunkers Convention).

(2) According to the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage (Federal Law Gazette 1994 II p. 1150, citation on p. 1152) (International Convention on Civil Liability for Oil Pollution Damage, 1992), the liability for claims covered by this Convention may be limited.

(3) Where claims to the compensation of “pollution damage” in the sense as defined in Article I no. 6 of the International Convention on Civil Liability for Oil Pollution Damage, 1992 are asserted, and the International Convention on Civil Liability for Oil Pollution Damage, 1992 is not to be applied, the persons designated in Article 1 of the Convention on Limitation of Liability for Maritime Claims may limit their liability for such claims by correspondingly applying the provisions of the Convention on Limitation of Liability for Maritime Claims. If one and the same incident gives rise to claims of the type set out in sentence 1 as well as to claims for which liability may be limited pursuant to subsection (1), then the limits of liability under the Convention on Limitation of Liability for Maritime Claims apply, respectively, to the entirety of the claims set out in sentence 1, as well as to the entirety of the claims for which liability may be limited pursuant to subsection (1).

(4) Liability may not be limited for the following:

1.  claims designated in Article 3 letter e) of the Convention on Limitation of Liability for Maritime Claims, provided the contract of service is subject to German law;

2.  claims to compensation of costs incurred in bringing or defending against a legal action.

(5) Where the Convention on Limitation of Liability for Maritime Claims and in the International Convention on Civil Liability for Oil Pollution Damage, 1992 are silent, sections 612 through 617 apply.

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