BWBV0007074
Artikel 19
Verdrag inzake de overeenkomst van internationaal spoorwegvervoer van goederen
1. The contractual carrier shall be liable for loss or damage resulting from the total or partial loss of or damage to the goods between the time of taking over of the goods and the time of delivery, as well as for delay in delivery.
2. If carriage governed by a single contract is performed by subsequent carriers, the liability of the contractual carrier and all subsequent carriers shall be joint and several.
3. The carrier shall be relieved of this liability to the extent that the loss or damage or the delay in delivery was caused by the fault of the person entitled if the instruction is not the result of the fault of the carrier or by an inherent defect of the goods or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
4. The carrier shall be relieved of this liability to the extent that the loss or damage or the delay in delivery arises from the special risks inherent from one of the following circumstances:
a) Carriage in open wagons pursuant to the General Conditions of Carriage or the established practice; subject to damage sustained by the goods because of atmospheric influences, goods carried in intermodal transport units, or in closed road vehicles carried on wagons shall not be considered as being carried in open wagons;
b) Absence or inadequacy of packaging in the case of goods which by their nature are liable to loss or damage when not packed or when not packed properly;
c) Loading of the goods by the consignor or unloading by the consignee;
d) The nature of certain goods which particularly exposes them to total or partial loss or damage, especially through breakage, rust, interior and spontaneous decay, desiccation or wastage;
e) Irregular, incorrect or incomplete description or numbering of packages.
5. When the carrier establishes that, having regard to the circumstances of the particular case, the loss or damage or delay in delivery could have arisen from one of the special risks referred to in paragraph 4 of this Article, it shall be presumed that it did so arise. The person who has the right to bring an action against the carrier shall have the right to prove that the loss or damage or delay in delivery was not attributed either wholly or in part to one of those risks.
2. If carriage governed by a single contract is performed by subsequent carriers, the liability of the contractual carrier and all subsequent carriers shall be joint and several.
3. The carrier shall be relieved of this liability to the extent that the loss or damage or the delay in delivery was caused by the fault of the person entitled if the instruction is not the result of the fault of the carrier or by an inherent defect of the goods or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
4. The carrier shall be relieved of this liability to the extent that the loss or damage or the delay in delivery arises from the special risks inherent from one of the following circumstances:
a) Carriage in open wagons pursuant to the General Conditions of Carriage or the established practice; subject to damage sustained by the goods because of atmospheric influences, goods carried in intermodal transport units, or in closed road vehicles carried on wagons shall not be considered as being carried in open wagons;
b) Absence or inadequacy of packaging in the case of goods which by their nature are liable to loss or damage when not packed or when not packed properly;
c) Loading of the goods by the consignor or unloading by the consignee;
d) The nature of certain goods which particularly exposes them to total or partial loss or damage, especially through breakage, rust, interior and spontaneous decay, desiccation or wastage;
e) Irregular, incorrect or incomplete description or numbering of packages.
5. When the carrier establishes that, having regard to the circumstances of the particular case, the loss or damage or delay in delivery could have arisen from one of the special risks referred to in paragraph 4 of this Article, it shall be presumed that it did so arise. The person who has the right to bring an action against the carrier shall have the right to prove that the loss or damage or delay in delivery was not attributed either wholly or in part to one of those risks.
- Citeren als
- Art. 19
- Status
- Geldend recht
- Identificatie
- BWBV0007074
- Officiële bron
- wetten.overheid.nl