Passenger Rights in Maritime Travel
Under the legal system of the Islamic Republic of Iran, passengers in maritime travel have identifiable and enforceable rights. These rights are intended to protect a passenger’s life, property, comfort, and human dignity, and they are addressed in various provisions of the Iranian Maritime Law (adopted in 1964, as amended). Key rights commonly include the right to safety, the right to carry personal belongings, the right to receive a valid ticket, the right to be informed of travel conditions, the right to adequate services, and the right to compensation in the event of an incident.
Pursuant to Article 99 of the Iranian Maritime Law, the contract for the carriage of passengers imposes obligations on the carrier, whether a shipping company or the shipowner, including an obligation to safeguard the passenger’s well-being during the voyage. Article 102 further provides that where a passenger suffers death or injury due to the carrier’s fault or the fault of its employees, civil liability rests with the carrier and compensation becomes payable. Effective implementation of these rights requires diligent oversight by competent authorities, including the Ports and Maritime Organization, which is responsible for supervising vessel safety, compliance with authorized capacity, the technical competence of crew members, and the provision of appropriate services. Failure to respect passenger rights not only harms individuals but also undermines public confidence in maritime transportation.
The Importance of Observing Passenger Rights in Maritime Travel
Observing passenger rights in maritime travel is not merely a legal requirement. It is also an ethical and economic necessity. Maritime transportation has long been a major means of travel in Iran, particularly in southern regions such as Bandar Abbas, Khorramshahr, and Chabahar. Ensuring passenger safety, security, and welfare in these routes has a direct impact on public trust and the development of maritime tourism.
From a legal perspective, compliance with safety standards, professional conduct, and transparent communication are fundamental passenger rights. Failing to fulfill these obligations may expose the carrier to civil and, in certain circumstances, criminal liability. For example, if a carrier transports passengers beyond the authorized capacity and an incident occurs, it may be required to compensate for losses. It may also face criminal exposure under relevant provisions, including Articles 102 and 105 of the Iranian Maritime Law.
In addition, respect for passenger dignity, the provision of suitable services, protection of privacy, and clear responsiveness in cases of delay or cancellation are integral components of passenger rights. These principles have legal significance and are consistent with ethical and religious considerations that emphasize human dignity. Ensuring these rights requires awareness-raising, operator training, and effective supervision by competent authorities.
The Obligation to Issue a Maritime Passenger Ticket and Its Contents
Pursuant to Article 131 of the Iranian Maritime Law, shipping companies are required to issue a ticket for each passenger. The ticket should contain accurate information, including the passenger’s name, the vessel’s name, the port of departure, the destination, the date of departure, the cabin number, where applicable, the ticket price, and the carrier’s liability terms. Failure to issue a ticket or issuing an incomplete ticket may give rise to liability for the carrier. The ticket also serves as evidence of the contract of carriage between the passenger and the carrier. It may be used to determine the scope of responsibility in the event of an incident.
If a passenger boards without a ticket and an incident occurs, the carrier remains responsible for protecting the passenger’s life and property. However, proving claims may be more difficult in the absence of documentary evidence. Careful issuance and retention of the ticket is therefore important both for legal compliance and for the passenger’s protection.
The Passenger’s Right to Physical Safety and Protection of Life
Under Article 132 of the Iranian Maritime Law, the carrier must maintain the vessel in a safe condition and take all necessary measures to protect passengers’ lives and health. This duty includes technical inspections, crew training, adherence to authorized capacity, and the provision of safety equipment such as life jackets. If a passenger is injured due to defective equipment, inadequate crew training, or the carrier’s negligence, the carrier is obliged to compensate damages under the general rules of civil liability and the relevant provisions of the Maritime Law, including Articles 132 and 135. In cases of intentional misconduct or serious negligence, the passenger may also pursue a criminal complaint.
This right is not waivable and cannot be excluded by contractual terms. The state also has a duty to ensure effective oversight of maritime fleets and compliance with safety standards.
The Carrier’s Duties Regarding the Passenger’s Health
Under Articles 132 and 135 of the Iranian Maritime Law, the carrier’s obligations extend beyond technical safety and include reasonable measures to protect passengers against foreseeable risks. This may include measures to prevent the spread of contagious diseases, supervising food and catering on recreational vessels, and providing first aid when required. If illness or injury occurs on board, the carrier must take prompt steps to transport the passenger to the nearest port or to an appropriate medical facility.
Failure to meet these obligations may result in civil liability and, depending on the circumstances, criminal consequences. When voyages occur in remote areas or on open seas, having qualified medical personnel on board is often recommended. Passengers should also disclose essential medical information, particularly in cases of serious pre-existing conditions, to ensure appropriate precautions are taken. This cooperation reduces the risk of severe and avoidable harm.
Liability for Passenger Baggage
Under Article 133 of the Iranian Maritime Law, the carrier is responsible for safeguarding the passenger’s hand-carried or checked baggage unless it proves that the loss resulted from the passenger’s fault or from an external cause that was unforeseeable and unavoidable. Where baggage is delivered to the vessel, and a receipt is issued, the carrier must preserve it with the diligence expected of a custodian. In cases of loss or damage, full compensation may be payable.
Regarding hand baggage, if damage occurs due to severe vessel movement or crew negligence, the carrier may be liable. In certain cases, the law or the ticket terms may set a liability cap, although such limitations generally do not apply where intentional wrongdoing by the carrier is proven. Passengers should report any loss or damage promptly and preserve evidence for future claims.
The Passenger’s Right to Withdraw From the Trip
Pursuant to Article 136 of the Iranian Maritime Law, a passenger may withdraw from the trip before departure, provided that the carrier is notified within the specified timeframe. In such circumstances, the carrier may be entitled to retain a portion of the fare as compensation, unless the withdrawal is due to a justified reason beyond the passenger’s control, such as sudden illness or an excessive delay by the vessel.
If the carrier cancels the trip, the passenger is entitled to a full refund and may also claim additional damages where proven. If the passenger fails to notify the carrier and does not appear for departure, the carrier may retain the entire fare unless an emergency justification is established. These conditions should be stated on the ticket, and a failure to include them should not be relied upon to the passenger’s detriment.
Compensation in the Event of Delay or Cancellation
Under Article 135 of the Iranian Maritime Law, the carrier is expected to depart at the scheduled time. If an unjustified delay occurs or the trip is unilaterally cancelled, the passenger may be entitled to compensation. If the delay exceeds 24 hours, the passenger may terminate the contract and recover the paid fare. Where the passenger suffers additional losses, such as accommodation costs, missed flights, or lost commercial opportunities, such losses may be claimed if supported by evidence.
Exceptions, including adverse weather conditions, sudden technical failures, or orders issued by port authorities, may reduce or exclude the carrier’s liability, provided that the carrier promptly informs passengers and adopts reasonable remedial measures. Recording the delay and preserving communications are important for asserting a claim.
Liability for Accidents on Deck
If a passenger is injured on the vessel’s deck, for example, through slipping, falling, or contact with equipment, the carrier may be liable, particularly where the absence of warning signs or technical defects is established. Pursuant to Article 132 of the Iranian Maritime Law, this responsibility continues even in ordinary sea conditions. Any incident should be documented and reported to the vessel’s responsible officer so that it can be reflected in official records and later used as the basis for a damages claim.
If the passenger failed to follow onboard safety rules, a contributory fault assessment may apply, reducing the recoverable amount. Nevertheless, the burden of proving the absence of fault or the existence of a qualifying defense generally rests with the carrier. As a result, deck safety measures, including anti-slip surfaces and clear warning signage, form part of the carrier’s operational duties.
The Right to Compensation in the Event of Death or Bodily Injury
Under Article 135 of the Iranian Maritime Law and the general rules of civil liability, if a passenger suffers death or bodily injury, the carrier must compensate the resulting damages unless it proves that the incident was caused by force majeure. Claimable damages may include medical expenses, disability related losses, blood money in the event of death, and non-material damages where recognized. In the event of death, legal heirs may pursue claims on the passenger’s behalf.
Blood money must be calculated according to the officially approved annual rate. The carrier should also promptly report the incident to the competent authorities and the insurer. Insurance coverage may facilitate compensation, but it does not eliminate the carrier’s direct liability.
The Insurer’s Responsibility for Passenger Losses
Where the vessel is covered by passenger insurance or liability insurance, the insurer is required to pay passenger losses up to the policy limits, subject to timely notice, compliance with policy conditions, and the absence of fraud. Valid policies often cover bodily injury, death, medical expenses, and, in some cases, travel delay, depending on the contractual scope.
If the carrier lacks insurance or if coverage limits are insufficient, the carrier remains personally responsible for compensation. Passengers may inquire, before purchasing a ticket, whether the vessel is insured and what coverage applies. Retaining access to policy information may be helpful when seeking compensation.
The Right to File a Complaint and Competent Legal Authorities
Passengers who suffer damage in maritime travel may bring a civil claim before the general courts, including courts located at the carrier’s place of residence or at the port of departure or destination, depending on jurisdictional rules. In addition, where violations such as failure to issue tickets or safety breaches occur, the Ports and Maritime Organization acts as the primary supervisory body for administrative review.
Complaints should be supported with evidence and submitted without undue delay, together with documents such as the ticket, photographs, and medical certificates. In certain cases, dispute resolution councils or the insurer’s claims process may also be used. Where serious or intentional misconduct is involved, criminal proceedings may be available. Understanding these legal channels is essential to enforcing passenger rights effectively.
Frequently Asked Questions About Passenger Rights in Maritime Travel
Passengers generally have rights that include physical safety and protection of life, receipt of a valid ticket, information about travel conditions, the ability to carry personal baggage, access to appropriate services, and compensation for losses in the event of an incident.
A valid ticket serves as evidence of the contract of carriage and should include key details such as passenger identity, vessel information, ports of departure and destination, departure date, cabin number where applicable, and the carrier’s liability terms. Failure to issue or properly complete the ticket may expose the carrier to liability.
The carrier must maintain vessel safety, ensure a trained crew, and provide required safety equipment such as life jackets. Injuries caused by negligence or safety failures may entitle the passenger to compensation.
The carrier should address foreseeable risks, provide first aid when needed, ensure appropriate hygiene and food standards where relevant, and arrange prompt medical access, including transfer to the nearest port or medical facility in urgent cases.
The carrier is generally responsible for protecting checked and hand-carried baggage and must compensate for loss or damage unless it proves passenger fault or an unavoidable external cause.
Yes. A passenger may withdraw before departure by notifying the carrier within the required timeframe. The carrier may retain a portion of the fare unless the withdrawal is justified by circumstances beyond the passenger’s control, such as sudden illness or excessive carrier delay.
Unjustified delay or unilateral cancellation may entitle the passenger to a refund and, where proven, additional damages such as accommodation costs or missed connections. If the delay exceeds 24 hours, termination and refund may be available.
The carrier may be liable for deck accidents, especially where inadequate warnings or defects exist. Contributory fault may reduce compensation if the passenger failed to follow safety rules. However, the carrier must still demonstrate applicable defenses.
Compensation may include medical expenses, disability losses, blood money in the event of death, and non-material damages where recognized, unless the carrier proves force majeure.
If passenger or liability insurance exists, the insurer may pay losses up to policy limits, subject to policy conditions. Where insurance is absent or insufficient, the carrier remains directly liable.
Passengers may file civil claims in competent general courts, and may also submit administrative complaints to the Ports and Maritime Organization for regulatory breaches. Supporting documents such as tickets and medical evidence are important for effective claims. What are the main passenger rights in maritime travel?
Why is issuing a maritime ticket important?
What rights does a passenger have regarding personal safety?
What are the carrier’s duties regarding passenger health?
What is the carrier’s responsibility for passenger baggage?
Can a passenger withdraw from the trip before departure?
How does compensation work if the trip is delayed or cancelled?
What is the carrier’s liability for accidents on the deck?
What compensation is available for death or bodily injury?
What is the insurer’s role in passenger claims?
Where can a passenger file a complaint?
