CLASS 5, THE PROTECTING AND INDEMNITY CLASS ____________________ NOTICE IS HEREBY GIVEN that a SEPARATE MEETING of the MEMBERS OF CLASS 5, THE PROTECTING AND INDEMNITY CLASS, of the Association will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12 noon on WEDNESDAY, 29th JANUARY 2003, or as soon thereafter as the meeting of the Committee called for that day is finished, for the purpose of amending the Rules. The following amendments together with such further amendments, if any, as may be proposed will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2003. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 9 RISKS COVERED 9.2 Liability to Persons other than Seamen: 9.2.3 Passengers (persons holding passage tickets): Liability to pay damages or compensation: (i) for personal injury, illness or death of any passenger and hospital, medical or funeral expenses incurred in relation to such injury, illness or death; (ii) to or in respect of passengers on board an entered ship arising as a consequence of a casualty to that ship, including the cost of forwarding passengers to destination or return to port of embarkation and of maintenance of passengers ashore; (iii) for loss of or damage to the effects of any passenger; PROVIDED that: 9.2.3.1 the terms of the passage ticket or other contract between the passenger and the Member have been approved by the Association in writing and cover for the liabilities set out in this Rule has been agreed between the Member and the Association in writing on such terms as the Association may require. 9.2.3.2 There shall be no recovery from the Association under this Rule in respect of liabilities for personal injury or death, or loss of or damage to property, delay or any other consequential loss sustained by any passenger by reason of carriage by air, except where such liability occurs either: (i) during repatriation by air of injured or sick passengers or of passengers following a casualty to the entered ship; or (ii) subject always to Rule 9.2.3.3, during an excursion from the entered ship. 9.2.3.3 There shall be no recovery from the Association in respect of the contractual liability of a Member to a passenger whilst on an excursion from the entered ship in circumstances where either: - 2 (i) a separate contract has been entered into by the passenger for the excursion, whether or not with the Member, or (ii) the Member has waived any or all of his rights of recourse against any subcontractor or other third party in respect of the excursion. 9.2.3.4 There shall be no recovery in respect of hotel, restaurant, bar or other guests or visitors on board the entered ship when moored and open to the public as a hotel, restaurant, bar or other place of entertainment. 9.2.3.5 In the context of Rule 9.2.3 (ii), ‘casualty’ shall mean an incident involving either (i) a collision, stranding, explosion, fire, or any other cause affecting the physical condition of the entered ship so as to render it incapable of safe navigation to its intended destination, or (ii) a threat to the life, health or safety of passengers. [Explanation: The proposed amendment has been recommended by the International Group’s Passenger Cover Working Group in order to better define and restrict cover to what may be termed marine incidents.] 9.7 Diversion: 9.7.1 Expenses of diversion of an