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    Limitation of Liability for Passengers under Dutch Law

    24th September 2024

    The NNPC and NNPC Correspondents regularly handle personal injury claims from passengers under Dutch law. In cases of severe injury, damages can be substantial, and in such instances, the shipowner can typically invoke the limitation of liability under Dutch law.

    However, many foreign shipowners and insurers may not be aware that in 2021, the Dutch legislator revised and increased the liability limits for passengers. Previously, the maximum liability per passenger was EUR 137,000, based on regulations implemented in 1991. This limit was originally set in Guilders, and aside from a conversion to reflect the introduction of the Euro, the regulation had not been updated since. The 1991 limit was significantly lower than most international liability limits for passengers and was fixed in the Dutch national currency rather than Special Drawing Rights (SDR).

    As part of the 2021 revision, the maximum liability for personal injury was significantly increased and is now expressed in SDR rather than Euros, aligning Dutch law with international maritime liability standards. As a result of these changes, the liability limits for passenger claims in the Netherlands are now as follows:

    1. Death or injury (Art. 8:974 paragraph 1 BW): 400,000 SDR (including interest). Based on the current exchange rate, this is approximately EUR 485,000; and
    2. Loss, damage, or delay of baggage (Art. 8:974 paragraph 2 BW): EUR 1,500.

    These changes are considerably more favourable for passengers and represent a substantial increase in liability for shipowners compared to the old regulations. Shipowners and their underwriters should be mindful of this for any incidents occurring after 2021 and are welcome to contact NNPC Correspondents 24/7 for assistance with passenger claims in the Netherlands.

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