Conflict resolution: PASSENGER CLAIMS

With a clear bet in favour of cruise tourism due to the relevance that this sector has in the economy of our country, Spain has achieved a privileged position in the global context of this sector. According to data from the public entity Puertos del Estado, in 2017 the number of visitors on cruise ships exceeded by 9 million, making Spain the second largest European country in the number of cruise passengers. Puertos del Estado estimates that by 2020, Spain will receive 9.5 million cruise passengers.

These data must be completed with regular line vessels that progressively add tourist visits year after year. In 2017, the total number of passengers traveling on regular lines amounted to 24.7 million. Although the majority of these lines are dedicated to the traffic between the peninsula and Africa and inter-island connections, it is expected that these numbers will increase as the routes linking Spain with Italy and the United Kingdom or the recently inaugurated line between Santander and the Irish port of Cork, are gaining prominence. Read more

The validity of insurance clauses in case of failure to supervise the truck during transportation

In a judgment (number 590/2017) dated 7th November 2017, the Spanish Supreme Court has had the opportunity to clarify conflicting case law from different Courts of Appeals regarding the requirements for the validity of insurance clauses that exclude coverage in cargo theft matters when there has been a failure to keep a proper supervision of the truck or container during transportation.

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International Sales under CIF terms and the Active Legitimation of the Insurers

In international sales under CIF (Cost, Insurance and Freight) or CFR (Cost and Freight) terms, it is clear that the Buyer bears all risks of damage once the goods are onboard the ship at the port of shipment. However, it is common that the Insurer of the goods compensates the CIF Seller while the goods are damaged during the voyage although, according to the agreed CIF terms, the Seller is not responsible for any risk in the moment of the damage.

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AIYON Abogados attended the “Correspondents’ Conference” organised by the IG P & I Clubs

Thanks to the IG P&I GROUP for hosting us those days in London.

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A Jurisdiction Clause agreed between an Insurer of Civil Liability and a Policy Holder does not bind third parties

The Judgment of the Court of Justice of the European Union in matter C-368/16, dated on the 13th of July of 2017, referred to the court for a preliminary ruling on the following question: can an injured party that has a direct action against the insurer of liability of the party that caused the damage bring an action against the insurer in the place where the harmful event occurred or is the injured party bound by the jurisdiction clause agreed between the insurer and the policy holder? Read more

AIYON Abogados attended the European Air Law Association (EALA) Seminar

AIYON Abogados attended the European Air Law Association (EALA) 11th Munich Liability Seminar through our colleagues Julia Garcia and Enrique Ortiz.
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MLC – requirements of financial security

In April 2014 the International Labour Organization (ILO) approved several amendments to the Maritime Labour Convention (MLC), a Convention that became effective in August 2013. These amendments became effective on January 18th 2017.

Thereafter and in accordance with the Convention, ships shall be provided with certificates or other documents that establish the existence of financial security or compulsory Read more

We have stowaways on board

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One of the major problems shipowners might face is the presence of stowaways on board of their vessel. And what we mean by problem it is not only economy and security-wise but also, and above all, in terms of “human factor” involved in this situation.

On the one hand, we have the Master and the crew who are being affected by the sudden intrusion of one or several strangers in their work place and the place of their communal living and who, additionally, become fully responsible for the stowaways’ life situation. Read more

Recreational Crafts, relevant judgment of the Spanish Supreme Court

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Following a request from Clients, we hereby summarize the issues that we consider most relevant of the judgment issued by the Spanish Supreme Court num. 241/2015 dated 6th May and that affect recreational crafts.
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Elements to be analyzed in cargo theft

Among the different analyzed factors, a key element is to choose an adequate and safe resting area. And this is because the rest time during the carriage implies leaving the truck and the cargo unattended directly by the carrier. Consequently, the insurance companies and jurisprudence analyze the following basic points in order to determine whether the effective carrier took the necessary measures to prevent and avert any theft or robbery, taking into consideration the chosen resting area: Read more