Uniform Rules concerning the Contract of International Carriage of Goods by Rail (CIM)
Title I. General Provisions
Article 1.
Scope
§ 1. Uniform Rules shall apply to any contract of carriage of goods by rail for reward, if the place of receipt of goods and the intended point of delivery of the goods are situated in two different Member States, regardless of residence and nationality of the participants in the contract of carriage.
§ 2. Uniform Rules shall also apply to contracts of carriage of goods by rail for reward, if the place of acceptance of goods and expected the place of issue are located in two different countries, least one of which is a Member State and if the parties agree, that the contract is subject to the Uniform Rules.
§ 3. If the international carriage governed by a single contract includes carriage by road or inland waterway transport means in the internal communications of the Member State, as a supplement to a cross-border rail transport, apply these Uniform Rules.
§ 4. If the international carriage governed by a single contract includes carriage by sea or by crossing the border means of inland waterway transport, in addition Carriage apply these Uniform Rules, where the transport by sea or inland waterway transport means is carried on the lines inscribed on the list of lines, referred to in article 24 § 1 Convention.
§ 5. These Uniform Rules shall not apply to carriage performed between stations situated on the territory of neighboring States, When the infrastructure of the station manages one or more managers, belonging to one of these countries.
§ 6. Each Member, party to the agreement on international carriage of goods by rail direct, comparable to these Uniform Rules may, when asked to apply for accession to the Convention, make a statement on the use of these Uniform Rules only to be operated on the railway infrastructure, situated in its territory. That part of the railway infrastructure must be specific and should be connected to the rail infrastructure of a Member State. If a State makes the above statement, Uniform Rules shall apply on condition, that:
a) place of receipt of goods for carriage and delivery and place fixed in the contract of carriage road transport will be placed on infrastructure, closely marked, or
b) closely identified infrastructure connects the infrastructure of two Member States, and it was expressly contemplated in the contract of carriage as a route for transit.
§ 7. You, that has made, referred to in § 6, may withdraw it at any time, notifying the Depositary. The withdrawal will become effective one month after the date of, in which the depositary has informed the other Member States. Statement loses its power, when the state ceases to be a party to the contract, referred to in § 6 first sentence.
Article 2.
Public-law
Transport, to which this Uniform Rules, subject to public law, in particular the regulation on the transport of dangerous goods and customs laws and regulations on animal protection.
Article 3.
Definitions
For the purposes of these Uniform Rules, expression:
a) "Carrier" means the contracting carrier, with whom the sender has entered into a contract of carriage under the Uniform Rules or another corresponding to the carrier under the contract,
b) "Substitute carrier" means an, who has not signed the contract of carriage with a shipper, but to whom the carrier referred to in subparagraph. and entrusted, in whole or in part, performance of the transport,
c) "General Conditions" means the conditions of the carrier in the form of general conditions or tariff, legally in force in each Member State and which are a result of the contract of carriage, an integral part,
d) "Intermodal transport unit" means a container, swap bodies, semi-trailers and other loading units used in intermodal transport.
Article 4.
Exceptions to the scope of
§ 1. Member States may enter into agreements providing for the deviations from these Uniform Rules, for transport solely between two stations, lying on both sides of the border, if between them there is no other station.
§ 2. In order to perform transportation in transit through a non-Member State, the relevant countries can not enter into agreements providing for the use of these Uniform Rules.
§ 3. The agreements, referred to in § 1 to § 2, and the dates of their entry into force, notified to the Intergovernmental Organisation for International Carriage by Rail (OTIF). The Secretary General of the Organization so inform the other Member States and interested companies.
Article 5.
Governing Law
If the Uniform Rules provide otherwise, any provision of the contract of carriage may, directly or indirectly evade their use is invalid. The invalidity of such provision shall not affect the validity of the remaining provisions of the contract of carriage. However, the carrier may take on greater responsibility and greater commitment from those specified in these Uniform Rules.
Title II. Execution and performance of the contract of carriage
Article 6.
The contract of carriage
§ 1. By the contract of carriage the carrier undertakes to carry goods for hire or reward to the destination and deliver it where the recipient.
§ 2. The contract of carriage confirmed the bill of lading in line with the unified model. However, the lack, irregularity or loss of the consignment note does not invalidate the contract of carriage, still subject to the provisions of the Uniform Rules.
§ 3. The consignment note shall be signed by the consignor and the carrier. Signatures can be replaced by the punch, accounting machine or endorsed by any other suitable manner.
§ 4. Carrier to certify on the bill of lading wtórniku acceptance of the goods and returns a duplicate of the sender.
§ 5. Consignment is not a bill of lading.
§ 6. The consignment note is issued for each consignment. If the contract between the shipper and the carrier otherwise, a bill may not affect more than one wagon load.
§ 7. In the case of carriage performed in the European Community's customs territory or territory, of application of the common transit procedure, transported each consignment is accompanied by consignment complying with the requirements specified in Article 7.
§ 8. The uniform format of bills of lading are set by the international carriers, in consultation with customers and international associations relevant customs of the Member States, as well as any inter regional economic integration organization having competence in making their own customs law.
§ 9. The consignment note together with the repeater can be written in the form of electronic data, which can be converted into written form. Method of recording and processing of data should be equivalent from a functional point of view, in particular as regards the probative value of the consignment note to be determined by the data.
Article 7.
The content of the consignment note
§ 1. The consignment note must contain:
a) place and date of issue,
b) name and address of the sender,
c) name and address of the carrier, who has concluded a contract of carriage,
d) name and address of the person, which the goods were actually delivered, if it is not a carrier, referred to in subparagraph. c,
and) place and date of receipt of goods,
f) place of publication,
g) name and address of the recipient,
h) designation of the goods and how to pack, and in the case of dangerous goods, designation in accordance with the Regulations concerning the International Carriage of Dangerous Goods (RID),
i) quantity, special marks and numbers of items needed to identify the minor is not involved in the whole car,
j) number of the wagon for the transport of carloads,
k) number of the station wagon rolling on its wheels, if it has been attributed to the transport as a commodity,
the) also, in the case of intermodal transport units, category, number or other characteristics necessary for their identification,
m) gross weight or quantity of the goods expressed in a different way,
n) detailed list of documents required by customs or other administrative authorities, which are attached to the bill of lading or have been transferred to the carrier and are in the office duly designated authority or other body designated in the contract of carriage,
the) shipping charges (transportable, additional charges, customs duties and other, arising from the contract until the issue of), if they are subject to payment by the recipient or any indication stating, recipient pays the charges,
p) indication, that despite the conclusion of the contract of any different provision in, the carriage is subject to these Uniform Rules.
§ 2. If the consignment note shall also include:
a) for carriage by successive carriers, the carrier obligated to deliver the goods, where he expressed his consent,
b) shipping charges, which the sender pays,
c) The amount of cash on delivery,
d) the declared value of goods and the amount of the special value of the delivery,
and) agreed time limit for completion of carriage,
f) agreed road transport,
g) list of documents not listed in § 1 lit. the transmitted carrier,
h) contributions imposed on broadcasters for the car number and names of closures.
§ 3. Parties to the contract of carriage may place on the consignment note any other tips, they consider appropriate.
Article 8.
Responsibility for the guidance in the consignment
§ 1. The sender is responsible for all costs, losses and damages incurred by the carrier as a result:
a) enlisted by the consignor in the consignment wrong direction, inaccurate, incomplete or entered in a different place than it used, or
b) negligence by the sender for indications set out in the RID.
§ 2. If, at the request of the sender, the carrier shall in the consignment wskazówki, considered to be acting on behalf of the sender, until the contrary is proved.
§ 3. If the consignment does not contain a statement, referred to in Article. 7 § 1 lit. p, operator is responsible for all costs, losses and damages incurred by the holder because of his negligence.
Article 9.
Dangerous goods
If the sender did not give guidance set out in the RID, depending on the circumstances, goods can be unloaded at any time, destroyed or rendered harmless by the carrier, without compensation unless, that the carrier was aware of the hazardous properties of the product when it is adopted.
Article 10.
Payment of shipping charges
§ 1. If the sender and the carrier otherwise agreed, shipping charges (transportable, additional charges, customs duties and other, arising from a contract until the issue of) sender pays.
§ 2. If under an agreement between the consignor and the carrier transport duties incumbent on the recipient and the recipient has not received the bill of lading or did not use the powers available to it under Article. 17 § 3, does not change the contract of carriage in accordance with Article. 18, for shipping charges shall pay to the sender.
Article 11.
Check
§ 1. Carrier has the right to check at any time, whether the conditions of carriage have been preserved and, whether the consignment complies with the information brought by the consignor in the consignment note. If you check the contents of the shipment concerned, It should be made, as far as possible, in the presence of authorized; If this is not possible, the carrier shall check in the presence of two of its established, independent witnesses, if state laws and regulations, which is otherwise control.
§ 2. If the consignment does not match the information set out in the bill of lading or, if no rules have been preserved for the carriage of goods released conditionally, the check should be made to the bill of lading, which accompanies the, and in the case, even when the carrier has a duplicate bill of lading, also to duplicate. In this case, the costs of the check charged against the goods unless, that have been paid directly.
§ 3. If the sender makes loading, has the right to require the carrier to check the status of goods, its packaging, and the compliance of the information contained in the consignment, the number of packages, their marks and numbers and the gross weight or quantity indicated otherwise. The carrier is required to be checked only, when he has to execute it appropriate. The carrier is entitled to demand charges arising from check. Result of the checks should be made to the bill of lading.
Article 12.
Probative value of the consignment note
§ 1. Until proven otherwise indicated, waybill is evidence of the conclusion and conditions of the contract of carriage and the goods are accepted by the carrier.
§ 2. If the load carrier of goods has, waybill is evidence, until proven otherwise indicated, status of the goods and their packaging indicated in the consignment, or in the absence of such guidance, having good outside at the time the goods by the carrier and accuracy of the information of the consignment note the number of packages, their marks and numbers, as well as the gross weight or quantity indicated otherwise.
§ 3. If the shipper loaded the goods made, until proven otherwise indicated, waybill is evidence on the state of the goods and their packaging indicated in the consignment, or in the absence of guidance on good external and precision guidance, referred to in § 2 only in the case, where the carrier has called and requested them consenting to the check in the consignment note.
§ 4. However, the bill does not constitute proof, if it has reasonable objection. In particular, the reservation may be justified by the fact, that the carrier has not had the means to verify, whether the consignment complies with the information brought to the consignment note.
Article 13.
Loading and unloading of the goods
§ 1. The consignor and the carrier set, to who should be loaded and unloaded goods. In the absence of such determination, loading and unloading small packages to the carrier, while loading the carloads to the sender and their discharge, after, to the recipient.
§ 2. If the load makes the sender, he shall be responsible for all the consequences of defective loading and it is obliged to indemnify the carrier, in particular, the loss suffered because of this. The carrier to prove the defective load.
Article 14.
Package
The sender shall be liable to the carrier for all losses, damages and costs arising from missing or defective packaging of the goods unless, that the defect was apparent or has been known to the carrier at the time the goods, and the carrier failed to make proper objections.
Article 15.
Administrative formalities
§ 1. In order to settle the administrative formalities required by customs or other administrative authorities, the sender is required to, before the goods, attached to the bill of lading or the carrier at the disposal of the necessary documents, or give him all necessary information.
§ 2. Carrier is not obliged to check, whether the documents and information provided are sufficient and correct. The consignor shall indemnify the carrier against all loss or damage resulting from the lack of, inadequacy or irregularity of such documents, unless, that the fault lies with the carrier.
§ 3. The carrier is responsible for the consequences of loss or misuse of the documents mentioned in the consignment, that it is accompanied by or assigned to the carrier, documents unless the loss or damage caused by improper use of the documents was caused by circumstances, which the carrier could not avoid and the consequences of which could not prevent. However, any compensation must not be in any case higher than the compensation for the loss of goods.
§ 4. The sender with information before the bill of lading, and the recipient as a result of placing an order, pursuant to Article. 18 § 3, may require:
a) his personal attendance or participation by proxy in completing the formalities required by customs or other administrative authorities to provide necessary explanations and application of appropriate notes,
b) person or by proxy formalities required by customs or other administrative authorities in so far, the extent permitted by the laws and regulations of the State, where the formalities are dealt with,
c) payment of customs duties and other charges, if he or his attorney involved in completing the formalities required by customs or other administrative authorities, or arranges them, the, the extent permitted by the laws and regulations of the State, where the formalities are dealt with.
In these cases, neither the sender, nor the recipient entitled to dispose of delivery, or their representative, have no right to take possession of the goods. § 5. If, in order to arrange the formalities required by customs or other administrative authorities, the sender has set the place, where existing legislation does not allow to settle these formalities or, If these formalities indicated otherwise conduct, which can not be executed, carrier act in the manner, it deems most advantageous for the beneficiary and notify the sender of the action taken.
§ 6. If the sender has taken upon his own account, paying duty, the carrier may at its discretion, arrange customs formalities either by, or at the destination.
§ 7. However, the carrier may proceed in accordance with § 5, if the recipient has not received the bill of lading within the period prescribed in the regulations in force at the destination.
§ 8. The consignor must comply with the provisions of customs or other administrative authorities concerning packaging and good tire cover wagonowymi. If the sender has not packed or sheeted the goods in accordance with those provisions, carrier can be done; the resulting costs charged against the goods.
Article 16.
Delivery times
§ 1. The consignor and the carrier agree on the timing of delivery. If there is no agreement, delivery date can not be longer than the term arising from § 2 do 4.
§ 2. Subject to § 3 do 4, Maximum delivery times are as follows:
a) for carloads:
– date of admission 12 hours
– term transportation, for each commenced 400 km 24 hours
b) for shipments of small:
– date of admission 24 hours
– term transportation, for each commenced 200 km 24 hours.
Distances refer to the agreed road transport, and if such failure, to the shortest possible route.
§ 3. The carrier may establish additional terms of specified duration in the following cases:
a) for consignments:
– lines, gauge which is different,
– by sea or inland waterway,
– by road, If there is no rail connection,
b) extraordinary circumstances, that cause an unusual increase in traffic or exceptional operating difficulties.
Duration of terms of additional, should be specified in the General Conditions of Carriage. § 4. The period of delivery begins after receipt of the goods for carriage; If there is no fault of the carrier, delivery time is extended by the time of arrest. Delivery period shall be suspended on Sunday and public holidays specified.
Article 17.
Edition
§ 1. The carrier is required to bill customers and deliver the goods at the agreed place upon receipt and after payment of debts, under the bill of lading.
§ 2. Be equivalent to delivery of the goods recipient, considered to be:
a) the transfer of goods to the customs office or tax to the premises or warehouses, if they are not under the control of the carrier,
b) putting goods on the composition of the carrier or freight forwarder or a public company składowemu,
when these are made in accordance with the rules of the destination,§ 3. After the arrival of the goods to the destination, the recipient has the right to require the carrier to issue bill of lading and the goods. If the loss of the goods, or if the goods have not arrived before the deadline laid down in Article. 29 § 1, the recipient can claim against the carrier in his own name his rights, under the contract of carriage.
§ 4. The person entitled may refuse to accept goods, even after the receipt of the consignment note and paying the shipping charges as long, as long as no account is taken of her claim for alleged loss or damage.
§ 5. Addition, the delivery of goods takes place according to the law of the place of issue.
§ 6. If the recipient was issued goods, not taking a pass from him previously charged on goods, This carrier is obliged to compensate for the sender to the amount of damage, no right of recourse against the consignee.
Article 18.
Dispose of Law
§ 1. The sender has the right to dispose of the goods and to modify the contract of carriage, through the provision of additional orders, contract of carriage. He may in particular require, to carrier:
a) stopped the carriage of goods,
b) suspended the release of the goods,
c) goods delivered to another recipient, than those mentioned in the consignment,
d) delivered the goods in a different place, than those indicated in the consignment.
§ 2. Even if the sender has a duplicate bill of lading, his right to change the contract of carriage shall expire, if the recipient:
a) received a bill of lading,
b) accepted the goods,
c) asserted his rights under Article. 17 § 3,
d) is entitled in accordance with § 3 to give orders; from that time onwards the carrier shall obey the orders and instructions of the consignee.
§ 3. The recipient has the right to change the contract of carriage from the time of the consignment note, if the sender did not give a statement to the contrary consignment.
§ 4. The right customer to modify the contract of carriage shall expire if, the recipient:
a) received a bill of lading,
b) accepted the goods,
c) asserted his rights under Article. 17 § 3,
d) according to § 5 ordered the release of the goods to a third party and which, under Article. 17 § 3 asserted his rights.
§ 5. If the consignee of the goods ordered release another person, This person does not have the right to change the contract of carriage.
Article 19.
Dispose of the execution of law
§ 1. If the sender or, in the case of Article. 18 § 3, recipient intends to amend the contract of carriage, by providing for additional orders, should submit a duplicate bill of lading to the carrier, which should be affixed changes.
§ 2. The sender or, in the case of Article. 18 § 3, the recipient should return the carrier costs, and repair the damage, arising from the implementation of additional orders.
§ 3. Execution of additional orders, at the time of their arrival to the person responsible for their execution, It should be possible, lawful and reasonable and in particular should not interfere with normal operation of the transport operating companies, or cause damage to the senders or consignees of other consignments.
§ 4. In any case, additional orders may not result in division of the consignment.
§ 5. If, due to conditions, referred to in § 3, carrier can not carry additional orders, it should immediately notify the person, that provided them.
§ 6. The carrier is responsible for the consequences caused by the failure to perform or improper performance of additional orders. However, any compensation shall not exceed the compensation provided in case of loss of the goods.
§ 7. If the carrier does not further the sender's order requiring him to produce a duplicate bill of lading, responsible for damage caused by the recipient, If a duplicate bill of lading has been transferred to the latter. However, any compensation shall not exceed the compensation provided in case of loss of the goods.
Article 20.
Obstacles in the carriage
§ 1. In case of obstacles in the carriage, carrier decides, or more is preferred to transport goods from office by changing the way transportation, or should, in the interest of the person entitled, instructions require him, and give him all necessary information, available to the carrier.
§ 2. If the on-carriage is not possible, carrier seeks guidance from the person entitled to dispose of. If the carrier can not obtain timely guidance, it shall take steps most beneficial to the person entitled to dispose of.
Article 21.
Obstacles to the release
§ 1. When circumstances prevent delivery of the goods, carrier shall immediately notify the sender and ask for guidance from him unless, that the sender has requested that the consignment in case of obstacles with the release of the goods sent to him from the office.
§ 2. When circumstances preventing delivery has ceased before the instructions from the consignor, goods should spend the recipient. About this issue should notify the sender immediately.
§ 3. If the consignee refuses the goods, sender has the right to give instructions even if, he is unable to duplicate the bill of lading.
§ 4. When circumstances preventing delivery arise after a change in the contract of carriage by the recipient in accordance with Article. 18 § 3 do § 5, The carrier must notify the consignee.
Article 22.
The consequences of the obstacles in the transport and release
§ 1. The carrier is entitled to reimbursement of expenses incurred as a result:
a) request for guidance,
b) comply with guidelines issued,
c) the requested instructions did not reach or have reached him in time,
d) the decision made in accordance with Article. 20 § 1, without requesting guidance,
unless, that these were his fault. It can, in particular,, download real carriage by road transport and for taking the time to dispose of a further way of delivery. § 2. In cases, referred to in Article. 20 § 2 i art. 21 § 1, the carrier may immediately unload the goods at the expense of legitimate. After unloading the goods carriage shall be deemed to have ended. An operator shall ensure the supervision of the commodity at the expense of the person authorized. However, it may entrust a third party and then only responsible for the selection of that person's care. Goods chargeable to duty under the contract of carriage and all other costs.
§ 3. The carrier may sell the goods without waiting for instructions from the holder, where this is instability or condition of the goods or, when the costs of supervision are not proportional to the value of goods. In other cases, he may also sell the goods, if not timely received the opposite direction of the holder, whose performance can be considered as reasonable.
§ 4. If the goods have been sold, the proceeds of sale, after deducting the amounts chargeable against the goods, to make available to authorized. If the proceeds of sale are less than those costs, sender is obliged to pay the difference.
§ 5. The procedure in the event of sale of the laws and regulations as well as habits of, where the goods.
§ 6. If in case of obstacles in transportation or in giving, broadcaster within a reasonable time has not provided guidance, and preventing carriage or the issue can not be removed in accordance with § 2 to § 3, the carrier may return the goods to the sender or the, when it is justified, destroy the goods at the expense of.
Title III. Responsibility
Article 23.
Principles of liability
§ 1. The carrier is liable for damage resulting from the total or partial loss or damage of goods at the time of receipt of goods for transport until the issue, as well as for damages resulting from the deadline for delivery, regardless of the railway infrastructure used.
§ 2. The carrier shall be relieved of liability, the loss, damage or the delay in delivery due to the fault of the person entitled, because of its commands are not caused by the fault of the carrier, an inherent defect in the goods (internal corruption, loss, itp.) or by circumstances, which the carrier could not avoid and the consequences of which could not prevent.
§ 3. The carrier shall be relieved of liability, the loss or damage arises from the special risks, resulting from one or more of the following circumstances:
a) carriage on the train niekrytym made under the general conditions of carriage or under contract indicated in the consignment; subject to damage in the goods due to atmospheric conditions, not considered to be transported in wagons niekrytych goods loaded intermodal transport units and enclosed trailers transported on wagons; if the sender uses the tire wagon for carrying goods in wagons niekrytych, carrier shall bear the same responsibility as the carriage in wagons without tire wagon niekrytych, even if those goods, accordance with the General Conditions of Carriage, are not transported in wagons niekrytych,
b) missing or defective packaging, if the goods due to their inherent nature, are exposed, in the absence of or defective packaging, for loss or damage,
c) loading of goods by the consignor or unloading by the consignee,
d) natural characteristics of certain goods, affected by this in total or partial loss or damage, especially through breakage, rust, Spontaneous internal corruption, dry, scatter,
and) markings or numbered pieces inconsistent with reality, inaccurate or incomplete,
f) transport of live animals,
g) transport, that under the relevant provisions or agreements concluded between the shipper and the carrier and indicated in the consignment must be performed under the supervision, the loss or damage was due to the danger, supervision which seeks to prevent.
Article 24.
Liability in case of transport of railway vehicles as a commodity
§ 1. In the case of a carriage rolling railway vehicles on its own wheels and consigned as goods, operator is responsible for loss or damage to the vehicle or its components since the adoption of the carriage until it was issued and for damages resulting from the deadline for delivery, unless, it proves, that the damage was not his fault.
§ 2. Carrier is not liable for the loss of loose parts, not inscribed on either side of the vehicle or not listed in the accompanying list of inventory.
Article 25.
Burden of proof
§ 1. Proof, that the delay in delivery, loss or damage was due to one of the circumstances, referred to in Article. 23 § 2, lie on the carrier.
§ 2. When the carrier establishes, that due to the circumstances of the accident, loss or damage could arise from one or more of the special risks, referred to in Article. 23 § 3, there is a presumption, that it did so arise. However, he shall retain the right to prove, that the damage was not caused wholly or partly by one of those risks.
§ 3. Presumptions, referred to in § 2, not apply in the case, referred to in Article. 23 § 3 lit. a, if there is a very large loss or loss of complete packages.
Article 26.
Successive carriers
If transport is a single contract of carriage is performed by several successive carriers, each carrier, by the very acceptance of the goods with the consignment note, participates in the contract of carriage under the conditions specified in this document and accepts the obligations arising therefrom. In this case, each carrier is responsible for the carriage all the way up to delivery.
Article 27.
Carriers subcontractors
§ 1. If the carrier has entrusted the performance of the transport, in whole or in part, sub carrier, whether it is of a right under a contract of carriage or not, responsible for the execution of the whole operation.
§ 2. All the provisions of these Uniform Rules concerning the liability of carrier shall apply to the liability of substitute carrier for the carriage performed by him. If an action is brought against the servants or any other persons, whose services the substitute carrier used in the performance of the transport, the provisions of Article. 36 i art. 41.
§ 3. Any special agreement, under which the carrier assumes obligations not imposed by these Uniform Rules or waives rights conferred by these Uniform Rules, applies to the substitute carrier, if not given his written consent. Regardless of, or substitute carrier such consent granted, the carrier is bound by its obligations, or waiver of rights arising from such special agreement.
§ 4. If the carrier and the substitute carrier are liable, their liability is joint and several.
§ 5. The total amount of compensation payable by the carrier, the substitute carrier and their servants and other persons, which they use in the performance of the transport, can not exceed the limits laid down in these Uniform Rules.
§ 6. Nothing in this Article shall not prejudice rights of recourse which may exist between the carrier and the subcontractors.
Article 28.
Presumption of loss or damage in case of re-granting
§ 1. If a given shipment for carriage under these Uniform Rules on the conditions given back to the same rules, and if after re-assignment was partial loss or damage, there is a presumption, that a partial loss or damage during the term of the last contract of carriage, provided, that the shipment was under the supervision of the carrier and, that the consignment has been given in this state, in what has come to the place again to give.
§ 2. This presumption shall also then, when re-contract of carriage prior is not based on these Uniform Rules, provided, that in case of direct grants from the original place of origin to the destination you can apply these rules.
§ 3. This presumption shall also then, when re-contract of carriage prior concluded on a basis comparable with these Uniform Rules of the International Convention on the International Carriage of direct, when it contains the same presumption in favor of items posted in accordance with these Uniform Rules.
Article 29.
Presumption of loss of the goods
§ 1. The person entitled may, without providing further evidence, consider the goods as lost, if it has not been issued or no accusation was made available to the recipient within thirty days after the date of delivery.
§ 2. Receive compensation for the missing goods, the person entitled may in writing request the, that the goods be recovered within one year after the payment of compensation he shall be notified immediately. Such request the carrier issued the statement in writing.
§ 3. Within thirty days after receiving notice, referred to in § 2, person entitled may require, that the goods delivered to him upon payment of any debts arising from the bill of lading and received compensation after returning, or any costs associated with the compensation. However, it retains its right to compensation for the delay in delivery, referred to in Article. 33 i art. 35.
§ 4. If there were no requests, referred to in § 2 or instructions given within, referred to in § 3 or, if the goods are not recovered after one year from the payment of compensation, carrier shall dispose of the goods in accordance with the laws and regulations of, where the goods.
Article 30.
Compensation for loss
§ 1. In case of total or partial loss of the goods, the carrier should, without any further compensation, pay compensation calculated according to market price or in the absence of market price at the market price "or, if there is neither money, value of goods of the same genus and species at a time and place, in which the goods were accepted for carriage,.
§ 2. The amount of compensation may not exceed 17 units of account per kilogram of gross mass.
§ 3. In case of loss of a railway vehicle rolling on its wheels and given to the transport as a commodity, or intermodal transport units or parts, compensation is limited, the exclusion of all other damages, the utility value of the vehicle or intermodal transport units or parts thereof at the time and place of loss. If you can not determine the time and place of loss, compensation is limited to the value in use at the time and place, which has been accepted for carriage.
§ 4. In addition, the carrier must pay carriage, duties and other amounts, paid in connection with the carriage of the lost goods, excluding excise duties on goods carried by the procedure of excise duty suspension.
Article 31.
Liability in case of loss of mass of the carriage
§ 1. As regards the goods, which because of its properties usually lose weight in relation to their transport, operator is responsible, regardless of distance traveled, only for that portion of the weight loss, which exceeds the following standards:
a) two percent by weight for liquid goods or goods consigned in a moist state,
b) one percent of dry weight for.
§ 2. You can not rely on the limitation of liability, referred to in § 1, if under the circumstances of the case proved, that the loss is not due to reasons justifying the application of these standards.
§ 3. If several packages are carried on one bill of lading, wastage in transit shall be calculated for each piece, if its mass is given separately in the bill of lading for granting or can be determined in another way.
§ 4. In case of total loss of the goods or in case of loss of product units, in calculating the compensation shall be no deduction of the weight loss.
§ 5. The provisions of this Article shall affect the provisions of Article. 23 i art. 25.
Article 32.
Compensation for damage
§ 1. In the event of damage to the goods, the carrier shall pay, the exclusion of all other damages, amount, by which the decreased value of the goods. The basis for the calculation of this amount shall be the percentage, by which the destination has decreased the value of goods, determined in accordance with Article. 30.
§ 2. Compensation shall not exceed:
a) if the whole consignment has lost value through damage – amount, payable in the event of loss of the whole consignment,
b) if only part of the consignment has lost value through damage, the amount, payable in the event of loss of, which has lost value.
§ 3. In case of damage to railway vehicle, pending on its own wheels and given to the transport as a commodity, or intermodal transport units or parts, compensation is limited, the exclusion of all other damages, to the cost of repairs. Compensation shall not exceed the amount payable in case of loss.
§ 4. The carrier must also pay, against defined in § 1, costs, referred to in Article. 30 § 4.
Article 33.
Compensation in case of delay in delivery
§ 1. If as a result of delay in supply of the damage occurred, including damage to the consignment, carrier must pay compensation, which may not exceed four times the carriage.
§ 2. In case of total loss of the goods, compensation, referred to in § 1 not associated with compensation, referred to in Article. 30.
§ 3. In the case of partial loss of the goods, compensation, referred to in § 1 not exceed four times the freight has not been lost as part of a consignment.
§ 4. In the event of damage to the goods, not a result of delay in delivery, compensation provided for in § 1 combined in a given case, with compensation, referred to in Article. 32.
§ 5. In any event the compensation, referred to in § 1 combined with compensation, referred to in Article. 30 i art. 32 not be higher than compensation, would have to pay in case of total loss of the goods. § 6.
§ 6. If, accordance with Article. 16 § 1, delivery date was set by agreement, agreement may provide for different rules on compensation, than, referred to in § 1. If, in this case, delivery time, referred to in Article. 16 § 2 do 4 been exceeded, the person entitled may claim damages as provided in the said agreement or compensation, referred to in § 1 do § 5.
Article 34.
Compensation in case of declaring the value of goods
The consignor and the carrier may agree, the consignor in the consignment will declare the value of goods exceeds the upper limit, referred to in Article. 30 § 2. In this case the declared value is replaced by the upper limit.
Article 35.
Compensation in case of declaring a particular value of the delivery
The consignor and the carrier may agree, that the sender enters in the consignment note showing the amount of the special value of the supply in the event of loss, damage, or the deadline for delivery. In this case, beyond the compensation, referred to in Article. 30, art. 32 i art. 33, You can claim additional compensation for proven damages up to the declared amount.
Article 36.
Loss of right to limit liability
Limitation of Liability, referred to in Article. 15 § 3, art. 19 § 6 i 7, art. 30, art. 32 do 35 not applicable, if it is proved, that the damage resulted from an act or omission by the carrier or with intent to cause damage, or recklessly and with knowledge that damage would probably result.
Article 37.
Conversion and interest
§ 1. If the calculation of compensation requires the conversion of sums expressed in foreign currencies, conversion shall be at the rate applicable on the date and place of payment of compensation.
§ 2. The person entitled may claim interest on compensation, charged at five per cent per annum, from the date of lodging the complaint, referred to in Article. 43 or, when there were no complaints, from legal proceedings were instituted.
§ 3. If the person entitled does not submit to the carrier within the appropriate period of the documents supporting the claim, necessary for the final settlement of claims, proportion of these are not calculated for the period from the expiry of time until the submission of documents.
Article 38.
Responsibility for rail transport – Marine
§ 1. In road and rail – Marine, using submarine, referred to in Article. 24 § 1 of the Convention, Any Member State may, by request of publishing the appropriate entry in the list of subordinate lines to these Uniform Rules, make up reasons to justify the exemption from liability, referred to in Article. 23, the reasons given below:
a) fire, If the carrier proves, that it was not caused by his activity or his fault, the fault of the captain, crew, the pilot or the servants;
b) Saving or attempting to save life or property at sea;
c) loading the goods on board, provided, with the permission of the sender expressed in the consignment, goods placed on board and does not carry it in the car;
d) danger, risks or accidents at sea or other navigable waters.
§ 2. The carrier may only rely on reason, referred to in § 1 only if, he proves, that loss, damage to or exceeding the period occurred during carriage by sea, from the time the goods were loaded on a ship, to discharge the goods from the ship.
§ 3. When the carrier is referred to the reasons justifying the exemption from liability, referred to in § 1, however accept responsibility, if the claimant proves, that loss, damage or the delay in delivery due to the fault of the carrier, Captain, crew, the pilot or the servants.
§ 4. If the same sea route is served by several companies on the list, referred to in Article. 24 § 1 Convention, the same system of liability shall apply to all companies.
Also, when these companies were included in the list at the request of several Member States, adopting rules of liability should be prior agreement between the two countries.
§ 5. The measures taken pursuant to § 1 to § 4 notify the Secretary-General. They shall enter into force after at least thirty days from the date of the letter, which the Secretary-General informed the other Member States. These measures do not apply to items that are on the way.
Article 39.
Liability in case of nuclear incidents
The carrier shall be relieved of liability incurred by him under the Uniform Rules, if the damage was caused by a nuclear accident, and if by the laws and regulations on liability for nuclear energy, force in the country, the person operating the nuclear device or replacing it, the person responsible for such damage.
Article 40.
The carrier's liability for its employees
The carrier is responsible for its employees and other persons, whose services are used in the performance of the transport, If these workers and others who perform their functions. Management of railway infrastructure, where the transport takes place, be considered as persons, the services which the carrier uses the performance of the transport.
Article 41.
Other actions
§ 1. In all cases, in which they apply these Uniform Rules, may be brought against the carrier for damages, regardless of title, on which it is based, only the conditions and limits laid down in these Uniform Rules.
§ 2. The same applies to claims brought against employees and others, for which the carrier is liable under Article. 40.
Tytuł IV. The investigation of claims
Article 42.
Ascertainment of partial loss or damage
§ 1. If the carrier disclosed or suspected, or the person entitled claims, that the product is missing or has been partially damaged, carrier must without delay and if possible in presence of authorized, report stating, depending on the type of injury, stan towaru, its mass and, if possible, size and cause of injury, as well as the time of its creation.
§ 2. Copy of the report free of charge to the person entitled.
§ 3. If the person entitled not accept the findings in the report, may request that the condition and weight of the goods, and the cause and extent of the damage by an expert appointed by the parties or by court. This procedure is subject to state laws and regulations, in which such ascertainment takes place.
Article 43.
Complaints
§ 1. Complaints arising from the contract of carriage must be addressed in writing to the carrier, against whom an action may be brought proceedings.
§ 2. Right to lodge a complaint is available to people, that have the right to bring court action to the carrier.
§ 3. Bringing a complaint broadcaster must provide a duplicate bill of lading. In the absence of a duplicate, the sender must provide the recipient or to prove consent, that the latter refused to accept the consignment.
§ 4. Bringing a claim, the recipient must produce the consignment, if it was delivered to him.
§ 5. Waybill, duplicate bill of lading and other documents, which attach the person entitled considers it necessary, should be presented in the original or copies, that the carrier's request must be duly authenticated.
§ 6. When dealing with complaints, carrier may require an original bill of lading, duplicate or certificate of successful completion of the originals, for use on their endorsement of settling.
Article 44.
Persons entitled to take legal action against the carrier
§ 1. Subject to § 3 i 4, right to bring proceedings in respect of claims arising under the contract of carriage may:
a) sender, until the recipient:
1. received a bill of lading,
2. accepted the goods, or
3. exercised his rights under Article. 17 § 3 lub art. 18 § 3,
b) the recipient, from the moment when:
1. received a bill of lading,
2. accepted the goods, or
3. exercised his rights under Article. 17 § 3 lub art. 18 § 3.
§ 2. However, the, customers enjoyed a right of action shall expire upon the court, the person designated by the recipient in accordance with Article. 18 § 5 received a bill of lading, adopted a commodity or make use of its rights under Article. 17 §3.
§ 3. The right to bring a court action for reimbursement of amounts paid under the contract of carriage may only ago, who has paid the.
§ 4. The right to legal proceedings were instituted under the credits granted only to the sender.
§ 5. By bringing legal proceedings, the consignor shall submit a duplicate bill of lading. In the absence of a duplicate, the sender must provide the recipient or to prove consent, that the latter refused to accept the consignment. If necessary, the sender must prove the absence or loss of the consignment note.
§ 6. By bringing legal proceedings, the recipient must produce the consignment, if it was delivered to him.
Article 45.
Carriers, against which they can be brought lawsuits
§ 1. Lawsuits arising from the contract of carriage may be brought, subject to § 3 i 4, only against the first or last carrier or the carrier, who performed the part of the carriage, during which the event occurred to justify the claim.
§ 2. In case of carriage performed by successive carriers, when the carrier is required to give written consent for his bill of lading, An action may be brought also against it in accordance with § 1, even, when he has received the goods, or bill of lading.
§ 3. An action for refund of the amount paid under the contract of carriage may be brought against the carrier, who has collected that sum or against the carrier, for which it was collected.
§ 4. An action in respect of credit may be brought only against the carrier, who received the goods in the place of consignment.
§ 5. An action may be brought against a carrier other than those specified in § 1 do 4, when instituted as a counterclaim or by way of objection in respect of any claim the main, brought about by the same contract of carriage.
§ 6. Where the provisions of these Uniform Rules shall apply to the substitute carrier, Also he may bring legal proceedings.
§ 7. If the plaintiff has a choice between several carriers, his right to choose shall expire upon the filing of an action against one of them;. The same rule applies, if the plaintiff has the choice between one or more carriers and the substitute carrier.
Article 46.
Jurisdiction
§ 1. Based on these Uniform Rules lawsuits may be brought only in the courts of Member States designated by the parties by mutual agreement or the courts for the, in which the:
a) defendant has his, headquarters, branch or agency through which concluded the contract of carriage, or
b) the place of receipt of goods or the place designated for delivery of goods.
No action may be brought before other courts. § 2. If, under these Uniform Rules were instituted legal proceedings before the court pursuant to § 1 or, If, in this dispute was issued by a court judgment, can not be brought any new legal proceedings for the same reason between the same parties, unless the judgment, before the first action was brought, could not be executed in the State, where the new action is brought.
Article 47.
Expiry of claims against the carrier
§ 1. With the release of the goods to the person entitled shall extinguish all, under the contract of carriage, claims against the carrier with partial loss, damage to, or exceed delivery time.
§ 2. The claims are not extinguished but:
a) in the case of partial loss or damage, if:
1. loss or damage was ascertained in accordance with Article. 42 before acceptance of the goods by a person authorized,
2. only the fault of the carrier's statement omitted, which had to be done in accordance with Article. 42,
b) in case of damage which is not apparent from the outside, and which was after the receipt by a person authorized, if he or she:
1. asks for ascertainment in accordance with Article. 42, immediately after discovery, but at the latest within seven days after acceptance,
2. also proves, that the damage in time between the acceptance of the goods for carriage and its release,
c) in case of delay in delivery, if the claimant within sixty days, asserted his rights against one of the carriers, referred to in Article. 45 § 1,
d) if the claimant proves, that the damage resulted from an act or omission committed either with intent to cause damage, or recklessly and with knowledge that damage would probably result.
§ 3. If the goods have been re-assigned to carry on the conditions, referred to in Article. 28"Claims arising from a previous contract for the carriage of partial loss or damage shall be extinguished as, if it were only a single contract of carriage.
Article 48.
Limitation of actions
§ 1. Claims arising from the contract of carriage shall expire after one year. However, the limitation period is two years in respect of the claim:
a) for payment of assessment levied by the carrier from the consignee,
b) for payment of the proceeds of sales made by the carrier,
c) due to the injury caused by an act or omission, or with intent to cause damage, or recklessly and with knowledge that damage would probably result,
d) one of the contracts of carriage, prior to the re-granting in case, referred to in Article. 28.
§ 2. The period of limitation shall run for actions:
a) for compensation for total loss: from the thirtieth day after the date of delivery,
b) for compensation for partial loss, damage or the delay in delivery: from the date of,
c) In all other cases: from, from which the right of redress.
The day indicated for the period of limitation is not included in the term. § 3. In the case of the written complaint in accordance with Article. 43, together with the necessary supporting documents, limitation is suspended until, where the carrier refused to recognize the written complaint and requested documents attached to it. If part of the complaint, the period of limitation shall resume for the disputed part of the claim. The burden of proving the claim or to answer and return the documents of pregnancy on the basis of those facts. Further complaints, whose object is the same claim, not suspend the limitation period.
§ 4. Expired claims can not go up to a counterclaim or raise objections on the road.
§ 5. Otherwise, the suspension and interruption of limitation shall be governed by national law.
Tytuł V. The relationship between the carriers
Article 49.
Settlement
§ 1. Each carrier, which the grant or the issue of, has collected or should have been collected fees or other charges arising from the contract of carriage, must pay to the carriers concerned their participation. The methods of payment fixed by agreement between the carriers.
§ 2. The provisions of Article. 12 apply to the relations between successive carriers.
Article 50.
Right of recourse
§ 1. Carrier, that under these Uniform Rules shall pay compensation, right of recourse against the carriers participating in transportation, accordance with the following provisions:
a) carrier, which caused the damage shall be solely responsible for it;
b) If the damage caused by several carriers, each bear responsibility for the damage he has caused; if such distinction is not possible, compensation shall be apportioned among them in accordance with the point. c;
c) if you can not u
