CONTRACT OF CARRIAGE

Definition
Article 367

Under a contract of carriage a carrier shall undertake to carry out for compensation the transportation of a person, luggage or cargo to a certain place.

Obligations of the Carrier
Article 368

(1): A carrier shall be bound to carry out the transportation within the specified term, to keep the cargo as from its acceptance to the delivery, to notify the consignee about the arrival of the cargo and to deliver the cargo at the point of destination.
(2): Where no consignment note has been issued, the carrier shall follow the instructions of the consignor about return of the cargo or delivery of the cargo to another person, if he has not delivered the cargo or the bill of lading.

Obligations of the Carrier for Transportation of Passengers
Article 369

A carrier shall be bound to ensure to passengers appropriate conveniences and safety according to the type of transport vehicle and the distance of transportation.

Obligations of the Consignor
Article 370

(1): A consignor shall be bound to deliver the cargo to the carrier in a state allowing it to undergo transportation, according to its type and special requirements for various types of cargo.
(2): The consignor shall deliver to the carrier together with the cargo also the documents needed in order to deliver the cargo to the consignee.
(3): Where the packing is obviously inappropriate, the carrier may accept the cargo, provided the consignor declares in writing that any damages that may occur shall be on his own account.

Consignment Note
Article 371

(1): The consignor may request the carrier to issue him a consignment note for the delivered cargo, which may also be issued to order.
(2): Where a consignment note has been issued, the cargo shall be delivered to the bearer of the note who has established himself as such.

Freightage
Article 372

(1): The consignor shall pay the freightage upon the conclusion of the contract, unless otherwise agreed.
(2): Where freightage has not been paid by the consignor, it shall be paid by the consignee upon acceptance of the cargo.

Liability for Losses and Damages
Article 373

(1): The carrier shall be liable for losses, destruction or damages to the cargo, except where the damages are due to force majeure, to the characteristics of the cargo, or to obviously inappropriate packing, if the consignor has declared his consent pursuant to Article 370, paragraph 3.
(2): Pursuant to the provisions of paragraph 1 the carrier shall be liable for damages due to delay in performing the transportation.
(3): An arrangement to relieve from liability under paragraphs 1 and 2 shall be invalid.
(4): If some lost cargo, for which the consignee has been compensated, is later on found, the carrier shall notify thereof the consignee after taking the necessary measures to preserve it. Should the consignee accept the cargo, he shall owe reimbursement of the compensation received. In the case of rejection, the carrier may sell the cargo himself.
(5): After delivery of the cargo the carrier shall be liable only if he has been notified about damages not later than one month following the delivery.

Liability in the Case of Subsequent Carriers
Article 374

(1): Where a carrier performs the transportation entirely or in part with the participation of other carriers, he shall be liable for their actions to the time of delivery of the cargo.
(2): Each subsequent carrier shall enter into the contract and must exercise the rights of the preceding carriers, as stipulated in the contract of carriage. All carriers shall be liable jointly and severally.

Pledge Right
Article 375

A carrier shall be entitled to a pledge on the cargo for his dues under the contract. This right shall be exercised by the last carrier and shall exist until the rights of all carriers are satisfied.

Obligation for Keeping the Cargo
Article 376

Where it is not possible to find the consignee at the address indicated, or if he refuses to accept the cargo, the carrier shall be obliged to keep it or to deliver it for keeping to another party, notifying the consignor thereof in due time. In the case of perishable cargo, the rules for sale of items in the case of delay of a creditor, shall apply.

Transportation of Luggage
Article 377

The respective rules for transportation of cargo shall apply to transportation of luggage.

Limitation of Actions
Article 378

An action for damages under a contract of carriage may be brought within one year, commencing:

1.: for cargo - from the date of delivery to the consignee, and where the cargo has not been delivered - from the date on which it should have been delivered;
2.: for passengers, in the case of death or bodily injury - from the date of occurrence thereof or the date of coming of knowledge thereof, but not later than three years.

Special Rules
Article 379

The special rules for individual types of transportation shall be governed by separate Laws.



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(2) Where no consignment note has been issued, the carrier shall follow the instructions of the consignor about return of the cargo or delivery of the cargo to another person, if he has not delivered the cargo or the bill of lading. Obligations of the Carrier for Transportation of Passengers Article 369 A carrier shall be bound to ensure to passengers appropriate conveniences and safety according to the type of transport vehicle and the distance of transportation. Obligations of the Consignor Article 370 (1) A consignor shall be bound to deliver the cargo to the carrier in a state allowing it to undergo transportation, according to its type and special requirements for various types of cargo. (2) The consignor shall deliver to the carrier together with the cargo also the documents needed in order to deliver the cargo to the consignee. (3) Where the packing is obviously inappropriate, the carrier may accept the cargo, provided the consignor declares in writing that any damages that may occur shall be on his own account. Consignment Note Article 371 (1) The consignor may request the carrier to issue him a consignment note for the delivered cargo, which may also be issued to order. (2) Where a consignment note has been issued, the cargo shall be delivered to the bearer of the note who has established himself as such. Freightage Article 372 (1) The consignor shall pay the freightage upon the conclusion of the contract, unless otherwise agreed. (2) Where freightage has not been paid by the consignor, it shall be paid by the consignee upon acceptance of the cargo. Liability for Losses and Damages Article 373 (1) The carrier shall be liable for losses, destruction or damages to the cargo, except where the damages are due to force majeure, to the characteristics of the cargo, or to obviously inappropriate packing, if the consignor has declared his consent pursuant to Article 370, paragraph 3. (2) Pursuant to the provisions of paragraph 1 the carrier shall be liable for damages due to delay in performing the transportation. (3) An arrangement to relieve from liability under paragraphs 1 and 2 shall be invalid. (4) If some lost cargo, for which the consignee has been compensated, is later on found, the carrier shall notify thereof the consignee after taking the necessary measures to preserve it. Should the consignee accept the cargo, he shall owe reimbursement of the compensation received. In the case of rejection, the carrier may sell the cargo himself. (5) After delivery of the cargo the carrier shall be liable only if he has been notified about damages not later than one month following the delivery. Liability in the Case of Subsequent Carriers Article 374 (1) Where a carrier performs the transportation entirely or in part with the participation of other carriers, he shall be liable for their actions to the time of delivery of the cargo. (2) Each subsequent carrier shall enter into the contract and must exercise the rights of the preceding carriers, as stipulated in the contract of carriage. All carriers shall be liable jointly and severally. Pledge Right Article 375 A carrier shall be entitled to a pledge on the cargo for his dues under the contract. This right shall be exercised by the last carrier and shall exist until the rights of all carriers are satisfied. Obligation for Keeping the Cargo Article 376 Where it is not possible to find the consignee at the address indicated, or if he refuses to accept the cargo, the carrier shall be obliged to keep it or to deliver it for keeping to another party, notifying the consignor thereof in due time. In the case of perishable cargo, the rules for sale of items in the case of delay of a creditor, shall apply. Transportation of Luggage Article 377 The respective rules for transportation of cargo shall apply to transportation of luggage. Limitation of Actions Article 378 An action for damages under a contract of carriage may be brought within one year, commencing: 1. for cargo - from the date of delivery to the consignee, and where the cargo has not been delivered - from the date on which it should have been delivered; 2. for passengers, in the case of death or bodily injury - from the date of occurrence thereof or the date of coming of knowledge thereof, but not later than three years. Special Rules Article 379 The special rules for individual types of transportation shall be governed by separate Laws. Next: INSURANCE CONTRACT Up: COMMERCIAL TRANSACTIONS Previous: FORWARDING CONTRACT

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CONTRACT OF CARRIAGE