BWBV0007074
Artikel 21
Verdrag inzake de overeenkomst van internationaal spoorwegvervoer van goederen
1. In case of total or partial loss of the goods, the carrier shall compensate the value of the goods on the day and at the place where they were taken over for carriage. If part of the goods has been delivered, its value which remains to the person entitled shall be deducted from the amount of compensation.
2. The value of the goods shall be fixed according to the market price at the place where they were taken over for carriage or, if there is no market price, according to the usual value of goods of the same kind and quality. If the goods have been sold just before being taken over for carriage the purchase price noted in the seller’s invoice, minus carriage charges included therein, shall be presumed to be the market price.
3. Unless otherwise agreed by the parties to the contract pursuant to Article 3 paragraph 2, compensation shall not exceed 17 units of account per kilogram of gross weight short.
4. The carrier shall, in addition, refund the carriage charge, customs duties already paid and other costs relating to carriage. If part of the goods has been delivered, paragraph 1 of this Article, sentence 2, shall apply by analogy.
5. In case of loss of an intermodal transport unit or its removable parts, the compensation shall be limited to the usual value of the unit or its removable parts on the day and at the place of loss. If it is impossible to ascertain the day or the place of loss, the compensation shall be limited to the usual value on the day and at the place where the unit has been taken over by the carrier. The same shall apply in case of loss of an empty wagon which is to be carried as goods under the contract of carriage.
6. The carrier shall not be liable for loss or damage resulting from loss of accessories which are not mentioned on both sides of the vehicle (empty wagon) or in the inventory which accompanies it.
7. No further damages shall be payable.
2. The value of the goods shall be fixed according to the market price at the place where they were taken over for carriage or, if there is no market price, according to the usual value of goods of the same kind and quality. If the goods have been sold just before being taken over for carriage the purchase price noted in the seller’s invoice, minus carriage charges included therein, shall be presumed to be the market price.
3. Unless otherwise agreed by the parties to the contract pursuant to Article 3 paragraph 2, compensation shall not exceed 17 units of account per kilogram of gross weight short.
4. The carrier shall, in addition, refund the carriage charge, customs duties already paid and other costs relating to carriage. If part of the goods has been delivered, paragraph 1 of this Article, sentence 2, shall apply by analogy.
5. In case of loss of an intermodal transport unit or its removable parts, the compensation shall be limited to the usual value of the unit or its removable parts on the day and at the place of loss. If it is impossible to ascertain the day or the place of loss, the compensation shall be limited to the usual value on the day and at the place where the unit has been taken over by the carrier. The same shall apply in case of loss of an empty wagon which is to be carried as goods under the contract of carriage.
6. The carrier shall not be liable for loss or damage resulting from loss of accessories which are not mentioned on both sides of the vehicle (empty wagon) or in the inventory which accompanies it.
7. No further damages shall be payable.
- Citeren als
- Art. 21
- Status
- Geldend recht
- Identificatie
- BWBV0007074
- Officiële bron
- wetten.overheid.nl