BWBV0007074
Artikel 18
Verdrag inzake de overeenkomst van internationaal spoorwegvervoer van goederen
1. The carrier is entitled to the reimbursement of the costs caused by his request for instructions or the carrying out of instructions or as a result of a decision in accordance with Article 17, paragraph 3, unless such costs were caused by his fault.
The carrier may in particular recover the carriage charge applicable to the route followed and shall be allowed the time of delivery applicable to such route.
2. If the carrier cannot, within a reasonable time taking into account the different conditions of the goods, obtain lawful and reasonable instructions, he shall take such measures as seem to be in the best interest of the person entitled. He may, for example, return the goods to the consignor at the consignor’s expense or unload them for account of the person entitled. Thereupon the carriage shall be deemed to be at an end. The carrier shall then hold the goods on behalf of the person 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. In these cases, the charges due under the contract of carriage and all other costs relating to carriage shall remain chargeable against the goods.
3. The carrier may sell the goods, without awaiting instructions from the person entitled, if this is justified by the perishable nature or the condition of the goods or if the costs of storage 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 within a set time he has not received from the person entitled instructions to the contrary which he may reasonably be required to carry out; in such a case the carrier may destroy unusable goods at the consignor’s expense. All measures have to be taken in compliance with the legislation in force.
4. If the goods have been sold, the proceeds of sale, after deduction of the costs chargeable against the goods, shall be placed at the disposal of the person entitled. If the proceeds of sale are less than those costs, the carrier shall be entitled to the difference.
The carrier may in particular recover the carriage charge applicable to the route followed and shall be allowed the time of delivery applicable to such route.
2. If the carrier cannot, within a reasonable time taking into account the different conditions of the goods, obtain lawful and reasonable instructions, he shall take such measures as seem to be in the best interest of the person entitled. He may, for example, return the goods to the consignor at the consignor’s expense or unload them for account of the person entitled. Thereupon the carriage shall be deemed to be at an end. The carrier shall then hold the goods on behalf of the person 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. In these cases, the charges due under the contract of carriage and all other costs relating to carriage shall remain chargeable against the goods.
3. The carrier may sell the goods, without awaiting instructions from the person entitled, if this is justified by the perishable nature or the condition of the goods or if the costs of storage 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 within a set time he has not received from the person entitled instructions to the contrary which he may reasonably be required to carry out; in such a case the carrier may destroy unusable goods at the consignor’s expense. All measures have to be taken in compliance with the legislation in force.
4. If the goods have been sold, the proceeds of sale, after deduction of the costs chargeable against the goods, shall be placed at the disposal of the person entitled. If the proceeds of sale are less than those costs, the carrier shall be entitled to the difference.
- Citeren als
- Art. 18
- Status
- Geldend recht
- Identificatie
- BWBV0007074
- Officiële bron
- wetten.overheid.nl