SH and her husband VH purchased from SAS Central Cruise (CC) a tourist package for a cruise in Cuba between Havana and Cienfuegos with disembarkation at each stopover on the 'star flyer' sailboat of SARL Star Clippers France (SC).

During the cruise, SH suffered serious injury to her left arm. SH subsequently brought proceedings before the Nice District Court against CC. The Court declared CC civilly liable for the harmful consequences of the accident suffered by SH.

The parties appealed.

Held: Appeal dismissed.

SC, the organiser of the cruise and service provider, avails itself of the Athens Convention 1974 to which France has adhered.

However, the provisions of this Convention only regulate the relationship between the carrier and the victim, as recalled in art 14, which states that '[n]o action for damages for the death of or personal injury to a passenger, or for the loss of or damage to luggage, shall be brought against a carrier or performing carrier otherwise than in accordance with this Convention'.

Moreover, the Athens Convention 1974 does not have the legal effect of excluding the application of the legal provisions of arts L 211-16 ff of the Tourism Code, in particular when, as in this case, the contract during which the accident occurred is part of a tourist package.

The Court's judgment which condemned SC to relieve and guarantee CC of all the judgments pronounced against it is confirmed.