Preamble
[Preamble]
The Contracting Parties,
Having recognized the desirability of standardizing the conditions
governing the contract for the international carriage of goods by road,
particularly with respect to the documents used for such carriage and to
the carrier's liability,
Have agreed as follows:
Chapter 1 - Scope of Application
Article 1
1. This Convention shall apply to every contract for the carriage of
goods by road in vehicles for reward, when the place of taking over of
the goods and the place designated for delivery, as specified in the
contract, are situated in two different countries, of which at least one
is a contracting country, irrespective of the place of residence and the
nationality of the parties.
2. For the purpose of this Convention, "vehicles" means motor vehicles,
articulated vehicles, trailers and semi-trailers as defined in article 4
of the Convention on Road Traffic dated 19 September 1949.
3. This Convention shall apply also where carriage coming within its
scope is carried out by States or by governmental institutions or
organizations.
4. This Convention shall not apply:
(a) To carriage performed under the terms of any international postal
convention;
(b) To funeral consignments;
(c) To furniture removal.
5. The Contracting Parties agree not to vary any of the provisions of
this Convention by special agreements between two or more of them,
except to make it inapplicable to their frontier traffic or to authorize
the use in transport operations entirely confined to their territory of
consignment notes representing a title to the goods.
Article 2
1. Where the vehicle containing the goods is carried over part of the
journey by sea, rail, inland waterways or air, and, except where the
provisions of article 14 are applicable, the goods are not unloaded from
the vehicle, this Convention shall nevertheless apply to the whole of
the carriage. Provided that to the extent it is proved that any loss,
damage or delay in delivery of the goods which occurs during the
carriage by the other means of transport was not caused by act or
omission of the carrier by road, but by some event which could only
occurred in the course of and by reason of the carriage by that other
means of transport, the liability of the carrier by road shall be
determined not by this convention but in the manner in which the
liability of the carrier by the other means of transport would have been
determined if a contract for the carriage the goods alone had been made
by the sender with the carrier by the other means of transport in
accordance with the conditions prescribed by law for the carriage of
goods by that means of transport. If, however, there are no such
prescribed conditions, the liability of the carrier by road shall be
determined by this convention.
2. If the carrier by road is also himself the carrier by the other means
of transport, his liability shall also be determined in accordance with
the provisions paragraph 1 of this article, but as if, in his capacities
as carrier by road and carrier by the other means of transport, he were
two separate persons.
Chapter II - Persons for whom the Carrier is Responsible
Article 3
For the purposes of this Convention the carrier shall be responsible for
the acts of omissions of his agents and servants and of any other
persons of whose services he makes use for the performance of the
carriage, when such agents, servants or other persons are acting within
the scope of their employment, as if such acts or omissions were his own.
Chapter III - Conclusion and Performance of the Contract of Carriage
Article 4
The contract of carriage shall be confirmed by the making out of a
consignment note. The absence, irregularity or loss of the consignment
note shall not affect the existence or the validity of the contract of
carriage which shall remain subject the provisions of this Convention.
Article 5
1. The consignment note shall be made out in three original copies
signed by the sender and by the carrier. These signatures may be printed
or replaced by the stamps of the sender and the carrier if the law of
the country in which the consignment note has been made out so permits.
The first copy shall be handed to the sender, the second shall accompany
the goods and the third shall be retained by the carrier.
2. When the goods which are to be carried have to be loaded in different
vehicles, or are of different kinds or are divided into different lots,
the sender or the carrier shall have the right to require a separate
consignment note to be made out for each vehicle used, or for each kind
or lot of goods.
Article 6
1. The consignment note shall contain the following particulars:
(a) The date of the consignment note and the place at which it is made
out;
(b) The name and address of the sender;
(c) The name and address of the carrier;
(d) The place and the date of taking over of the goods and the place
designated for delivery;
(e) The name and address of the consignee;
(f) The description in common use of the nature of the goods and the
method of packing, and, in the case of dangerous goods, their generally
recognized description;
(g) The number of packages and their special marks and numbers;
(h) The gross weight of the goods or their quantity otherwise expressed;
(i) Charges relating to the carriage (carriage charges, supplementary
charges, customs duties and other charges incurred from the making of
the contract to the time of delivery);
(j) The requisite instructions for Customs and other formalities;
(k) A statement that the carriage is subject, notwithstanding any clause
to the contrary, to the provisions of this Convention.
2. Where applicable, the consignment note shall also contain the
following particulars:
(a) A statement that trans-shipment is not allowed;
(b) Then charges which the sender undertakes to pay;
(c) The amount of "cash on delivery" charges;
(d) A declaration of the value of the goods and the amount representing
special interest in delivery;
(e) The sender's instructions to the carrier regarding insurance of the
goods;
(f) The agreed time limit within which the carriage is to be carried out;
(g) A list of the documents handed to the carrier.
3. The parties may enter in the consignment note any other particulars
which they may deem useful.
Article 7
1. The sender shall be responsible for all expenses, loss and damage
sustained by the carrier by reason of the inaccuracy or inadequacy of:
(a) The particulars specified in article 6, paragraph 1, (b), (d), (e),
(f), (g), (h) and (j);
(b) The particular specified in article 6, paragraph 2;
(c) Any other particulars or instructions given by him to enable the
consignment note to be made out or for the purpose of their being
entered therein.
2. If, at the request of the sender, the carrier enters in the
consignment note the particulars referred to in paragraph 1 of this
article, he shall be deemed, unless the contrary is proved, to have done
so on behalf of the sender.
3. If the consignment note does not contain the statement specified in
article 6, paragraph 1 (k), the carrier shall be liable for all expenses,
loss and damage sustained through such omission by the person entitled
to dispose of the goods.
Article 8
1. On taking over the goods, the carrier shall check:
(a) The accuracy of the statements in the consignment note as to the
number of packages and their marks and numbers, and
(b) The apparent condition of the goods and their packaging.
2. Where the carrier has no reasonable means of checking the accuracy of
e statements referred to in paragraph 1 (a) of this article, he shall
enter his reservations in the consignment note together with the grounds
on which they are based. He shall likewise specify the grounds for any
reservations which he makes with regard to the apparent condition of the
goods and their packaging, such reservations shall not bind the sender
unless he has expressly agreed to be bound by them in the consignment
note.
3. The sender shall be entitled to require the carrier to check the
gross weight the goods or their quantity otherwise expressed. He may
also require the contents of the packages to be checked. The carrier
shall be entitled to claim the cost of such checking. The result of the
checks shall be entered in the consignment note.
Article 9
1. The consignment note shall be prima facie evidence of the making of
the contract of carriage, the conditions of the contract and the receipt
of the goods by the carrier.
2. If the consignment note contains no specific reservations by the
carrier, it shall be presumed, unless the contrary is proved, that the
goods and their packaging appeared to be in good condition when the
carrier took them over and that the number of packages, their marks and
numbers corresponded with the statements in the consignment note.
Article 10
The sender shall be liable to the carrier for damage to persons,
equipment or other goods, and for any expenses due to defective packing
of the goods, unless the defect was apparent or known to the carrier at
the time when he took over the goods and he made no reservations
concerning it.
Article 11
1. For the purposes of the Customs or other formalities which have to be
completed before delivery of the goods, the sender shall attach the
necessary documents to the consignment note or place them at the
disposal of the carrier and shall furnish him with all the information
which he requires.
2. The carrier shall not be under any duty to enquire into either the
accuracy or the adequacy of such documents and information. The sender
shall be liable to the carrier for any damage caused by the absence,
inadequacy or irregularity of such documents and information, except in
the case of some wrongful act or neglect on the part of the carrier.
3. The liability of the carrier for the consequences arising from the
loss or incorrect use of the documents specified in and accompanying the
consignment note or deposited with the carrier shall be that of an agent,
provided that the compensation payable by the carrier shall not exceed
that payable in the event of loss of the goods.
Article 12
1. The sender has the right to dispose of the goods, in particular by
asking the carrier to stop the goods in transit, to change the place at
which delivery is to take place or to deliver the goods to a consignee
other than the consignee indicated in the consignment note.
2. This right shall cease to exist when the second copy of the
consignment note is handed to the consignee or when the consignee
exercises his right under article 13, paragraph 1; from that time
onwards the carrier shall obey the orders of the consignee.
3. The consignee shall, however, have the right of disposal from the
time when the consignment note is drawn up, if the sender makes an entry
to that effect in the consignment note.
4. If in exercising his right of disposal the consignee has ordered the
delivery of the goods to another person, that other person shall not be
entitled to name other consignees.
5. The exercise of the right of disposal shall be subject to the
following conditions:
(a) That the sender or, in the case referred to in paragraph 3 of this
article, the consignee who wishes to exercise the right produces the
first copy of the consignment note on which the new instructions to the
carrier have been entered and indemnifies the carrier against all
expenses, loss and damage involved in carrying out such instructions;
(b) That the carrying out of such instructions is possible at the time
when the instructions reach the person who is to carry them out and does
not either interfere with the normal working of the carriers'
undertaking or prejudice the senders or consignees of other consignments;
(c) That the instructions do not result in a division of the consignment.
6. When, by reason of the provisions of paragraph 5 (b) of this article,
the carrier cannot carry out the instructions which he receives, he
shall immediately notify the person who gave him such instructions.
7. A carrier who has not carried out the instructions given under the
conditions provided for in this article or who has carried them out
without requiring the first copy of the consignment note to be produced,
shall be liable to the person entitled to make a claim for any loss or
damage caused thereby.
Article 13
1. After arrival of the goods at the place designated for delivery, the
consignee shall be entitled to require the carrier to deliver to him,
against a receipt, the second copy of the consignment note and the goods.
If the loss of the goods established or if the goods have not arrived
after the expiry of the period provided for in article 19, the consignee
shall be entitled to enforce in his own name against the carrier any
rights arising from the contract of carriage.
2. The consignee who avails himself of the rights granted to him under
paragraph 1 of this article shall pay the charges shown to be due on the
consignment note, but in the event of dispute on this matter the carrier
shall not be required to deliver the goods unless security has been
furnished by the consignee.
Article 14
1. If for any reason it is or becomes impossible to carry out the
contract in accordance with the terms laid down in the consignment note
before the goods reach the place designated for delivery, the carrier
shall ask for instructions from the person entitled to dispose of the
goods in accordance with the provisions of article 12.
2. Nevertheless, if circumstances are such as to allow the carriage to
be carried out under conditions differing from those laid down in the
consignment note and if the carrier has been unable to obtain
instructions in reasonable time the person entitled to dispose of the
goods in accordance with the provisions of article 12, he shall take
such steps as seem to him to be in the best interests the person
entitled to dispose of the goods
Article 15
1. Where circumstances prevent delivery of the goods after their
arrival at the place designated for delivery, the carrier shall ask the
sender for his instructions. If the consignee refuses the goods the
sender shall be entitled to dispose of them without being obliged to
produce the first copy of the consignment note.
2. Even if he has refused the goods, the consignee may nevertheless
require delivery so long as the carrier has not received instructions to
the contrary from the sender.
3. When circumstances preventing delivery of the goods arise after the
consignee, in exercise of his rights under article 12, paragraph 3, has
given an order for the goods to be delivered to another person,
paragraphs 1 and 2 of this article shall apply as if the consignee were
the sender and that other person were the consignee.
Article 16
1. The carrier shall be entitled to recover the cost of his request for
instructions and any expenses entailed in carrying out such instructions,
unless such expenses were caused by the wrongful act or neglect of the
carrier.
2. In the cases referred to in article 14, paragraph 1, and in article
15, the carrier may immediately unload the goods for account of the
person entitled to dispose of them and thereupon the carriage shall be
deemed to be at an end. The carrier shall then hold the goods on behalf
of the person so entitled. He may, however, entrust them to a third
party, and in that case he shall not be under any liability except for
the exercise of reasonable care in the choice of such third party. The
charges due under the consignment note and all other expenses shall
remain chargeable against the goods.
3. The carrier may sell the goods, without awaiting instructions from
the person entitled to dispose of them, if the goods are perishable or
their condition warrants such a course, or when the storage expenses
would be out of proportion to the value of the goods. He may also
proceed to the sale of the goods in other cases if after the expiry of a
reasonable period he has not received from the person entitled to
dispose of the goods instructions to the contrary which he may
reasonably be required to carry out.
4. If the goods have been sold pursuant to this article, the proceeds of
sale, after deduction of the expenses chargeable against the goods,
shall be placed at the disposal of the person entitled to dispose of the
goods. If these charges exceed the proceeds of sale, the carrier shall
be entitled to the difference.
5. The procedure in the case of sale shall be determined by the law or
custom of the place where the goods are situated.
Chapter IV - Liability of the Carrier
Article 17
1. The carrier shall be liable for the total or partial loss of the
goods and for damage thereto occurring between the time when he takes
over the goods and the time of delivery, as well as for any delay in
delivery.
2. The carrier shall, however, be relieved of liability if the loss,
damage or delay was caused by the wrongful act or neglect of the
claimant, by the instructions of the claimant given otherwise than as
the result of a wrongful act or neglect on the part of the carrier, by
inherent vice of the goods or through circumstances which the carrier
could not avoid and the consequences of which he was unable to prevent.
3. The carrier shall not be relieved of liability by reason of the
defective condition of the vehicle used by him in order to perform the
carriage, or by reason of the wrongful act or neglect of the person from
whom he may have hired the vehicle or of the agents or servants of the
latter.
4. Subject to article 18, paragraphs 2 to 5, the carrier shall be
relieved of liability when the loss or damage arises from the special
risks inherent in one more of the following circumstances:
(a) Use of open unsheeted vehicles, when their use has been expressly
agreed and specified in the consignment note;
(b) The lack of, or defective condition of packing in the case of goods
which, by their nature, are liable to wastage or to be damaged when not
packed or when not properly packed;
(c) Handling, loading, stowage or unloading of the goods by the sender,
the consignee or person acting on behalf of the sender or the consignee;
(d) The nature of certain kinds of goods which particularly exposes them
to total or partial loss or to damage, especially through breakage, rust,
decay, desiccation, leakage, normal wastage, or the action of moth or
vermin;
(f) Insufficiency or inadequacy of marks or numbers on the packages;
(g) The carriage of livestock.
5. Where under this article the carrier is not under any liability in
respect some of the factors causing the loss, damage or delay, he shall
only be liable the extent that those factors for which he is liable
under this article have contributed to the loss, damage or delay.
Article 18
1. The burden of proving that loss, damage or delay was due to one of
the specified in article 17, paragraph 2, shall rest upon the carrier.
2. When the carrier establishes that in the circumstances of the case,
the loss damage could be attributed to one or more of the special risks
referred to in article 17, paragraph 4, it shall be presumed that it was
so caused. The claimant shall, however, be entitled to prove that the
loss or damage was not, in fact, attributable either wholly or partly to
one of these risks.
3. This presumption shall not apply in the circumstances set out in
article 17, paragraph 4 (a), if there has been an abnormal shortage, or
a loss of any package.
4. If the carriage is performed in vehicles specially equipped to
protect the goods from the effects of heat, cold, variations in
temperature or the humidity of the air, the carrier shall not be
entitled to claim the benefit of article 17, paragraph 4 (d), unless he
proves that all steps incumbent on him in the circumstances with respect
to the choice, maintenance and use of such equipment were taken and that
he complied with any special instructions issued to him.
5. The carrier shall not be entitled to claim the benefit of article 17,
paragraph 4 (f), unless he proves that all steps normally incumbent on
him in the circumstances were taken and that he complied with any
special instructions issued to him.
Article 19
Delay in delivery shall be said to occur when the goods have not been
delivered within the agreed time-limit or when, failing an agreed
time-limit, the actual duration of the carriage having regard to the
circumstances of the case, and in particular, in the case of partial
loads, the time required for making up a complete load in the normal way,
exceeds the time it would be reasonable to allow a diligent carrier.
Article 20
1. The fact that goods have not been delivered within thirty days
following the expiry of the agreed time-limit, or, if there is no agreed
time-limit, within sixty days from the time when the carrier took over
the goods, shall be conclusive evidence of the loss of the goods, and
the person entitled to make a claim may thereupon treat them as lost.
2. The person so entitled may, on receipt of compensation for the
missing goods, request in writing that he shall be notified immediately
should the goods be recovered in the course of the year following the
payment of compensation. He shall be given a written acknowledgement of
such request.
3. Within the thirty days following receipt of such notification, the
person entitled as aforesaid may require the goods to be delivered to
him against payment of the charges shown to be due on the consignment
note and also against refund of the compensation he received less any
charges included therein but without prejudice to any claims to
compensation for delay in delivery under article 23 and where applicable,
article 26.
4. In the absence of the request mentioned in paragraph 2 or of any
instructions given within the period of thirty days specified in
paragraph 3, or if the goods are not recovered until more than one year
after the payment of compensation , the carrier shall be entitled to
deal with them in accordance with the law place where the goods are
situated.
Article 21
Should the goods have been delivered to the consignee without collection
of the "cash on delivery" charge which should have been collected by the
carrier under terms of the contract of carriage, the carrier shall be
liable to the sender for compensation not exceeding the amount of such
charge without prejudice to his right of action against the consignee.
Article 22
1. When the sender hands goods of a dangerous nature to the carrier, he
shall inform the carrier of the exact nature of the danger and indicate
if necessary, precautions to be taken. If this information has not been
entered in the consignment note, the burden of proving, by some other
means, that the carrier knew the exact nature of the danger constituted
by the carriage of the said goods shall rest upon the sender or the
consignee.
2. Goods of a dangerous nature which, in the circumstance referred to in
paragraph 1 of this article, the carrier did not know were dangerous,
may, at any time or place, be unloaded, destroyed or rendered harmless
by the carrier without compensation; further, the sender shall be liable
for all expenses, loss or damage arising out of their handing over for
carriage or of their carriage.
Article 23
1. When, under the provisions of this Convention, a carrier is liable
for compensation in respect of total or partial loss of goods, such
compensation shall be calculated by reference to the value of the goods
at the place and time at which they were accepted for carriage.
2. The value of the goods shall be fixed according to the commodity
exchange price or, if there is no such price, according to the current
market price or, if there is no commodity exchange price or current
market price, by reference to normal value of goods of the same kind and
quality.
3. Compensation shall not, however, exceed 25 francs per kilogram of
gross weight short. "Franc" means the gold franc weighing 10/31 of a
gramme and being of millesimal fineness 900.
4. In addition, the carriage charges, Customs duties and other charges
incurred in respect of the carriage of the goods shall be refunded in
full in case of total loss and in proportion to the loss sustained in
case of partial loss, but no further damage shall be payable.
5. In the case of delay if the claimant proves that damage has resulted
therefrom the carrier shall pay compensation for such damage not
exceeding the carriage charges.
6. Higher compensation may only be claimed where the value of the goods
or a special interest in delivery has been declared in accordance with
articles 24 and 26.
Article 24
The sender may, against payment of a surcharge to be agreed upon,
declare in the consignment note a value for the goods exceeding the
limit laid down in article 23, paragraph 3, and in that case the amount
of the declared value shall be substituted for that limit.
Article 25
1. In case of damage, the carrier shall be liable for the amount by
which the goods have diminished in value, calculated by reference to the
value of the goods fixed in accordance with article 23, paragraphs 1, 2
and 4.
2. The compensation may not, however, exceed:
(a) If the whole consignment has been damaged, the amount payable in the
case of total loss;
(b) If part only of the consignment has been damaged, the amount payable
in the case of loss of the part affected.
Article 26
1. The sender may, against payment of a surcharge to be agreed upon,
fix the amount of a special interest in delivery in the case of loss or
damage or of the agreed time-limit being exceeded, by entering such
amount in the consignment note.
2. If a declaration of a special interest in delivery has been made,
compensation for the additional loss or damage proved may be claimed, up
to the total amount of the interest declared, independently of the
compensation provided for in articles 23, 24 and 25.
Article 27
1. The claimant shall be entitled to claim interest on compensation
payable. Such interest, calculated at five per centum per annum, shall
accrue from the date on which the claim was sent in writing to the
carrier or, if no such claim has been made, from the date on which legal
proceedings were instituted.
2. When the amounts on which the calculation of the compensation is
based are not expressed in the currency of the country in which payment
is claimed, conversion shall be at the rate of exchange applicable on
the day and at the place of payment of compensation.
Article 28
1. In cases where, under the law applicable, loss, damage or delay
arising out of carriage under this Convention gives rise to an extra-contractual
claim, the carrier may avail himself of the provisions of this
Convention which exclude his liability of which fix or limit the
compensation due.
2. In cases where the extra-contractual liability for loss, damage or
delay of one of the persons for whom the carrier is responsible under
the terms of article 3 is in issue, such person may also avail himself
of the provisions of this Convention which exclude the liability of the
carrier or which fix or limit the compensation due.
Article 29
1. The carrier shall not be entitled to avail himself of the provisions
of this chapter which exclude or limit his liability or which shift the
burden of proof if the damage was caused by his wilful misconduct or by
such default on his part as, in accordance with the law of the court or
tribunal seised of the case, is considered as equivalent to wilful
misconduct.
2. The same provision shall apply if the wilful misconduct or default is
committed by the agents or servants of the carrier or by any other
persons of whose services he makes use for the performance of the
carriage, when such agents, servants or other persons are acting within
the scope of their employment. Furthermore, in such a case such agents,
servants or other persons shall not be entitled to avail themselves,
with regard to their personal liability, of the provisions of this
chapter referred to in paragraph 1.
Chapter V - Claims and Actions
Article 30
1. If the consignee takes delivery of the goods without duly checking
their condition with the carrier or without sending him reservations
giving a general indication of the loss or damage, not later than the
time of delivery in the case of apparent loss or damage and within seven
days of delivery, Sundays and public holidays excepted, in the case of
loss or damage which is not apparent, the fact of this taking delivery
shall be prima facie, evidence that he has received the goods in the
condition described in the consignment note. In the case of loss or
damage which is not apparent the reservations referred to shall be made
in writing.
2. When the condition of the goods has been duly checked by the
consignee and the carrier, evidence contradicting the result of this
checking shall only be admissible in the case of loss or damage which is
not apparent and provided that the consignee has duly sent reservations
in writing to the carrier within seven days, Sundays and public holidays
excepted, from the date of checking.
3. No compensation shall be payable for delay in delivery unless a
reservation has been sent in writing to the carrier, within twenty-one
days from the time that the goods were placed at the disposal of the
consignee.
4. In calculating the time-limits provided for in this article the date
of delivery, or the date of checking, or the date when the goods were
placed at the disposal of the consignee, as the case may be, shall not
be included.
5. The carrier and the consignee shall give each other every reasonable
facility for making the requisite investigations and checks.
Article 31
1. In legal proceedings arising out of carriage under this Convention,
the plaintiff may bring an action in any court or tribunal of a
contracting country designated by agreement between the parties and, in
addition, in the courts or tribunals of a country within whose territory:
(a) The defendant is ordinarily resident, or has his principal place of
business, or the branch or agency through which the contract of carriage
was made, or (b) The place where the goods were taken over by the
carrier or the place designated for delivery is situated. 2. Where in
respect of a claim referred to in paragraph 1 of this article an action
is pending before a court or tribunal competent under that paragraph, or
where in respect of such a claim a judgement has been entered by such a
court or tribunal no new action shall be started between the same
parties on the same grounds unless the judgement of the court or
tribunal before which the first action was brought is not enforceable in
the country in which the fresh proceedings are brought.
3. When a judgement entered by a court or tribunal of a contracting
country in any such action as is referred to in paragraph 1 of this
article has become enforceable in that country, it shall also become
enforceable in each of the other contracting States, as soon as the
formalities required in the country concerned have been complied with.
These formalities shall not permit the merits of the case to be re-opened.
4. The provisions of paragraph 3 of this article shall apply to
judgements after trial, judgements by default and settlements confirmed
by an order of the court, but shall not apply to interim judgements or
to awards of damages, in addition to costs against a plaintiff who
wholly or partly fails in his action.
5. Security for costs shall not be required in proceedings arising out
of carriage under this Convention from nationals of contracting
countries resident or having their place of business in one of those
countries.
Article 32
1. The period of limitation for an action arising out of carriage under
this Convention shall be one year. Nevertheless, in the case of wilful
misconduct, or such default as in accordance with the law of the court
or tribunal seised of the case, is considered as equivalent to wilful
misconduct, the period of limitation shall be three years. The period of
limitation shall begin to run:
(a) In the case of partial loss, damage or delay in delivery, from the
date of delivery;
(b) In the case of total loss, from the thirtieth day after the expiry
of the agreed time-limit or where there is no agreed time-limit from the
sixtieth day from the date on which the goods were taken over by the
carrier;
(c) In all other cases, on the expiry of a period of three months after
the making of the contract of carriage.
The day on which the period of limitation begins to run shall not be
included in the period.
2. A written claim shall suspend the period of limitation until such
date as the carrier rejects the claim by notification in writing and
returns the documents attached thereto. If a part of the claim is
admitted the period of limitation shall start to run again only in
respect of that part of the claim still in dispute. The burden of proof
of the receipt of the claim, or of the reply and of the return of the
documents, shall rest with the party relying upon these facts. The
running of the period of limitation shall not be suspended by further
claims having the same object.
3. Subject to the provisions of paragraph 2 above, the extension of the
period of limitation shall be governed by the law of the court or
tribunal seized of the case. That law shall also govern the fresh
accrual of rights of action.
4. A right of action which has become barred by lapse of time may not be
exercised by way of counterclaim or set-off.
Article 33
The contract of carriage may contain a clause conferring competence on
an arbitration tribunal if the clause conferring competence on the
tribunal provides that the tribunal shall apply this Convention.
Chapter VI - Provisions Relating to Carriage Performed by Successive
Carriers
Article 34
If carriage governed by a single contract is performed by successive
road carriers, each of them shall be responsible for the performance of
the whole operation, the second carrier and each succeeding carrier
becoming a party to the contract of carriage, under the terms of the
consignment note, by reason of his acceptance of the goods and the
consignment note.
Article 35
1. A carrier accepting the goods from a previous carrier shall give the
latter a dated and signed receipt. He shall enter his name and address
on the second copy of the consignment note. Where applicable, he shall
enter on the second copy of the consignment note and on the receipt
reservations of the kind provided for in article 8, paragraph 2.
2. The provisions of article 9 shall apply to the relations between
successive carriers .
Article 36
Except in the case of a counterclaim or a setoff raised in an action
concerning a claim based on the same contract of carriage, legal
proceedings in respect of liability for loss, damage or delay may only
be brought against the first carrier, the last carrier or the carrier
who was performing that portion of the carriage during which the event
causing the loss, damage or delay occurred, an action may be brought at
the same time against several of these carriers.
Article 37
A carrier who has paid compensation in compliance with the provisions
of this Convention, shall be entitled to recover such compensation,
together with interest thereon and all costs and expenses incurred by
reason of the claim, from the other carriers who have taken part in the
carriage, subject to the following provisions:
(a) The carrier responsible for the loss or damage shall be solely
liable for the compensation whether paid by himself or by another
carrier;
(b) When the loss or damage has been caused by the action of two or more
carriers, each of them shall pay an amount proportionate to his share of
liability; should it be impossible to apportion the liability, each
carrier shall be liable in proportion to the share of the payment for
the carriage which is due to him;
(c) If it cannot be ascertained to which carriers liability is
attributable for the loss or damage, the amount of the compensation
shall be apportioned between all the carriers as laid down in (b) above.
Article 38
If one of the carriers is insolvent, the share of the compensation due
from him and unpaid by him shall be divided among the other carriers in
proportion to the share of the payment for the carriage due to them.
Article 39
1. No carrier against whom a claim is made under articles 37 and 38
shall be entitled to dispute the validity of the payment made by the
carrier making the claim if the amount of the compensation was
determined by judicial authority after the first mentioned carrier had
been given due notice of the proceedings and afforded an opportunity of
entering an appearance.
2. A carrier wishing to take proceedings to enforce his right of
recovery may make his claim before the competent court or tribunal of
the country in which one of the carriers concerned is ordinarily
resident, or has his principal place of business or the branch or agency
through which the contract of carriage was made. All the carriers
concerned may be made defendants in the same action.
3. The provisions of article 31, paragraphs 3 and 4, shall apply to
judgements entered in the proceedings referred to in articles 37 and 38.
4. The provisions of article 32 shall apply to claims between carriers.
The period of limitation shall, however, begin to run either on the date
of the final judicial decision fixing the amount of compensation payable
under the provisions of this Convention, or, if there is no such
judicial decision, from the actual date of payment.
Article 40
Carriers shall be free to agree among themselves on provisions other
than those laid down in articles 37 and 38.
Chapter VII - Nullity of Stipulation to the Convention
Article 41
1. Subject to the provisions of article 40, any stipulation which would
directly or indirectly derogate from the provisions of this Convention
shall be null and void. The nullity of such a stipulation shall not
involve the nullity of the other provisions of the contract.
2. In particular, a benefit of insurance in favour of the carrier or any
other similar clause, or any clause shifting the burden of proof shall
be null and void.
Chapter VIII - Final Provisions
Article 42
1. This Convention is open for signature or accession by countries
members of the Economic Commission for Europe and countries admitted to
the Commission in a consultative capacity under paragraph 8 of the
Commission's terms of reference.
2. Such countries as may participate in certain activities of the
Economic Commission for Europe in accordance with paragraph 11 of the
Commission's terms of reference may become Contracting Parties to this
Convention by acceding thereto after its entry into force.
3. The Convention shall be open for signature until 31 August 1956
inclusive. Thereafter, it shall be open for accession.
4. This Convention shall be ratified.
5. Ratification or accession shall be effected by the deposit of an
instrument with the Secretary-General of the United Nations.
Article 43
1. This Convention shall come into force on the ninetieth day after
five of the countries referred to in article 42, paragraph 1, have
deposited their instruments of ratification or accession.
2. For any country ratifying or acceding to it after five countries have
deposited their instruments of ratification of accession, this
Convention shall enter into force on the ninetieth day after the said
country has deposited its instrument of ratification or accession.
Article 44
1. Any Contracting Party may denounce this Convention by so notifying
the Secretary-General of the United Nations.
2. Denunciation shall take effect twelve months after the date of
receipt by the Secretary-General of the notification of denunciation.
Article 45
If, after the entry into force of this Convention, the number of
Contracting Parties is reduced, as a result of denunciations, to less
than five, the Convention shall cease to be in force from the date in
which the last of such denunciations takes effect.
Article 46
1. Any country may, at the time of depositing its instrument of
ratification or accession or at any time thereafter, declare by
notification addressed to the Secretary-General of the United Nations
that this Convention shall extend to all or any of the territories for
the international relations of which it is responsible. The Convention
shall extend to the territory or territories named in the notification
as from the ninetieth day after its receipt by the Secretary-General or,
if on that day the Convention has not yet entered into force, at the
time of its entry into force.
2. Any country which has made a declaration under the preceding
paragraph extending this Convention to any territory for whose
international relations it is responsible may denounce the Convention
separately in respect of that territory in accordance with the
provisions of article 44.
Article 47
Any dispute between two or more Contracting Parties relating to the
interpretation or application of this Convention, which the parties are
unable to settle by negotiation or other means may, at the request of
any one of the Contracting Parties concerned, be referred for settlement
to the International Court of Justice
Article 48
1. Each Contracting Party may, at the time of signing, ratifying, or
acceding to, this Convention, declare that it does not consider itself
as bound by article 47 of the Convention. Other Contracting Parties
shall not be bound by article 47 in respect of any Contracting Party
which has entered such a reservation.
2. Any Contracting Party having entered a reservation as provided for in
paragraph 1 may at any time withdraw such reservation by notifying the
Secretary-General of the United Nations.
3. No other reservation to this Convention shall be permitted.
Article 49
1. After this Convention has been in force for three years, any
Contracting Party may, by notification to the Secretary-General of the
United Nations, request that a conference be convened for the purpose of
reviewing the Convention. The Secretary-General shall notify all
Contracting Parties of the request and a review conference shall be
convened by the Secretary-General if, within a period of four months
following the date of notification by the Secretary General, not less
than one-fourth of the Contracting Parties notify him of their
concurrence with the request.
2. If a conference is convened in accordance with the preceding
paragraph, the Secretary-General shall notify all the Contracting
Parties and invite them to submit within a period of three months such
proposals as they may wish the Conference to consider. The Secretary-General
shall circulate to all Contracting Parties the provisional agenda for
the conference together with the texts of such proposals at least three
months before the date on which the conference is to meet.
3. The Secretary-General shall invite to any conference convened in
accordance with this article all countries referred to in article 42,
paragraph 1, and countries which have become Contracting Parties under
article 42, paragraph 2.
Article 50
In addition to the notifications provided for in article 49, the
Secretary-General of the United Nations shall notify the countries
referred to in article 42, paragraph 1, and the countries which have
become Contracting Parties under article 42, paragraph 2, of:
(a) Ratification and accessions under article 42;
(b) The dates of entry into force of this Convention in accordance with
article 43;
(c) Denunciations under article 44;
(d) The termination of this Convention in accordance with article 45;
(e) Notifications received in accordance with article 46;
(f) Declarations and notifications received in accordance with article
48, paragraphs 1 and 2.
Article 51
After 31 August 1956, the original of this Convention shall be deposited
with the Secretary-general of the United Nations, who shall transmit
certified true copies to each of the countries mentioned in article 42,
paragraphs 1 and 2. |