In October 2020 three juvenile tourists from England were involved in a tragic parasailing accident in Rhodes, Greece, which resulted to the death of two of the young tourists and the severe injury of the third one. The competent watersports operator had negligently performed the parasailing activity away from the designated beach area, despite increasing bad weather conditions. As a result, when the strong winds reached the parasailing boat, they tore apart the connection line/rope and swerved the parachute with the three children away, crashing them after a few minutes on the nearby rocks. The families of the victims, including their parents, siblings and grandparents, brought claims for their pecuniary and non-pecuniary losses, which literally ruined their lives, before the Greek Courts of Rhodes island.
Recently, the First Instance Court of Rhodes has issued its decision, finding the watersports center, which organized the parasailing activity and provided the equipment, speed boat and personnel, liable for causing/not preventing the accident. Among others, the boat operator was found to have acted recklessly by not following the weather forecast warnings and not complying with the minimum fundamental safety requirements for parasailing. Furthermore, the Court found the hotel where the victims were staying with their families and which advertised the parasailing activity as part of the hotel’s recreational activities, jointly and severally liable with the watersports business. The Court ruled that the watersports center was operating under the “supervision” of the hotel and therefore the latter was responsible for the services provided and their compliance with the minimum safety rules and regulations. The Court awarded significant compensations to the families of the victims for their non-pecuniary (moral) damages. Our law firm was honored to represent the claimants in this litigation.
Greece has a new Code of Private Maritime Law which applies since 1 May 2023.
Article 165 to 189 apply to Seafarers’ employment contracts, and to the rights and obligations related to their sea service; article 190 to 195 apply to Masters.
Important provisions under the New Code of Private Maritime Law
1. The individual sea service employment contracts are mandatorily ruled by:
(a) Collective Agreements to which the individual employment contract refers and is subjected;
(b) the Maritime Labor Convention 2006 (MLC), as ratified and applying in Greece at each time;
(c) the European Union laws and regulations;
(d) the New Code, for matters that are not regulated by the above.
2. By article 181 of the new Code it is provided that the representative (company and physical persons acting for it) who sign a seafarer’s contract in Greece, are in full liable towards the seafarer, together with the shipowner, for all his rights in relation to the employment, including the right to wages, medical treatment, sickness wages, compensation for disability or death in case of a labor accident.
It is important that, in cases where a seafarer’ s contract is signed in Greece, an additional person or entity is added to the registered owner, which is often a single-ship “paper” company.
Attention, the liability of the above representative of the foreign shipowner has a short limitation/prescription period, which is one year for wages disputes and three years for accident claims.
3. An important right for seafarers is introduced by article 186 of the new Code:
The shipowner is obliged to have insurance in place for his civil liability towards seafarers, between others for medical treatment, repatriation, sickness wages, burial costs and compensation for labor accident disability or death.
Under Greek special laws on labor accidents’ compensation, this compensation in case of disability or death due to labor accident may be full (including full restoration of loss of earnings in the future or loss of maintenance in case of death, plus moral damages for pain and suffering, grief and sorrow, in case the seafarer/family proves that the accident was due to violation of safety regulations.
The seafarer has now under the new Code a direct action against the insurer (P&I) for these claims.
FOREIGN SEAFARERS ONBOARD SHIPS OF GREEK INTERESTS
For example: a Ukrainian seafarer suffering an accident onboard a Panama flagged ship owned by a Panama registered company, can claim compensation under Greek law for his disability, in Greek Courts, as long as is established that the actual place of business of the shipowner was in Greece.
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Pavlakis – Moschos
Law Firm
Filonos 66 & Merarchias Str.
Piraeus 185 35
Greece
Tel: +30 210 4180700
Fax: +30 210 4180770
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