193/1996 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the date of 31. March 1978 was in
Hamburg adopted the United Nations Convention on maritime transport
goods, 1978.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
New York 6 December. March 1979.
Day 2. June 1993 letter to the Minister of Foreign Affairs Czech Republic
reported to the Secretary-General of the United Nations,
the depositary of the Convention, in accordance with the applicable principles of international law
as the successor State to the Czech and Slovak Federal Republic
effect from 1. January 1993, considered a signatory State of the Convention
The United Nations on the carriage of goods by sea, 1978.
With the Convention gave its assent, Parliament of the Czech Republic and the President of the
Republic has ratified it.
The Czech Republic's instrument of ratification was deposited with the
the Secretary-General of the United Nations on 23 June. June 1995. When
ratification of the Convention was made the statement, "that the liability limit
the carrier on the territory of the Czech Republic is governed by article 6 of the Convention
the United Nations on the carriage of goods by sea, 1978 ".
The Convention on the basis of its article 30 paragraph. 1 came into force on 1 January 2005.
November 1992 and for the Czech Republic on the basis of paragraph 2 of the same
Article on 1 July. July, 1996.
Czech translation of the Convention shall be published at the same time.
CONVENTION
The United Nations on the carriage of goods by sea, 1978
The preamble to the
States parties to this Convention recognize that it is desirable to lay down a specific agreement
the rules relating to the maritime transport of goods, and
decided that, for this purpose, the Convention will agree, and have agreed as follows:
PART I.
GENERAL PROVISIONS
Article 1
The definition of the
In this Convention:
1. "Carrier" means any person who has entered into with the sender
agreement on maritime transport of goods or on whose behalf such a contract has been
closed.
2. "Other carrier" means any person that the carrier commissioned
making the transportation of goods or part thereof, and includes any other
the person who was responsible for such performing.
3. "Shipper" means any person who has entered into with the carrier
agreement on maritime transport of goods or on whose behalf or in whose
the representation of such a contract, or by any person who
in connection with the Treaty on maritime transport of goods to the carrier actually
forwarded or in whose name or on whose behalf it was goods as follows
passed.
4. "Consignee" means the person who is entitled to be
released the goods.
5. "Goods" includes live animals; where goods are grouped in the container,
on a pallet or similar transport the device or if it is packed, "goods"
includes such transport or packaging if supplied
by the sender.
6. "transport contract" means any contract which is
the carrier undertakes against payment of freight charges for the transport of goods by sea
one port to another; but the Treaty, which covers maritime
transport and transport in some other means, shall be considered as
agreement on maritime transport for the purposes of this Convention only in so far as the
applies to maritime transport.
7. "Bill of lading" means a document that is proof of the contract of maritime
transport and about the fact that the carrier took over the goods or is loaded, and which
the carrier undertakes that the goods in issue submission of this document.
The provisions stating that the goods are to be released to the designated person or series on
series or the payee, such a commitment.
8. The term "in writing" includes, inter alia, Telegraph and telex
communication.
Article 2
Range of use
1. the provisions of this Convention shall apply to all contracts for maritime
transport between two different States, if:
and the port of loading) as set out in the Treaty on maritime transport is on the territory of the
Contracting State or
(b)), the port of unloading as set out in the Treaty on maritime transport is on the territory of the
Contracting State or
(c)), one of the ports of unloading of the selection in the Treaty on maritime
transport is a real port and if the port is
on the territory of a Contracting State, or
(d)) Bill of lading, or other document which is proof of the contract of maritime
transport, is issued in a Contracting State, or
e) Bill of lading, or other document which is proof of the contract of maritime
transport, provides that this contract is governed by the provisions of this Convention
or the legal order of a State which adopted them.
2. the provisions of this Convention shall apply irrespective of nationality
the ship, the carrier, another carrier, the sender, the recipient or any of the
other interested persons.
3. the provisions of this Convention cannot be applied to contracts for the operation of the vessel and
the contract for the hire of the ship. However, the Bill of lading has been issued on the basis of the Treaty
on the operation of the ship or a contract for the hire of the ship, the provisions of this Convention,
apply to such a bill of lading, which governs relations between the carrier and the
holder of Bill of lading, that is not the client of the ship or its tenant.
4. If the contract provides that the future transport of the goods will take place in the
several consignments of the following in succession during the agreed period,
the provisions of this Convention shall apply to any such shipment, if
However, the consignment is transported under a contract of service or a contract for the hire of
the ship, it shall apply the provisions of paragraph 3 of this article.
Article 3
The Interpretation Of The Convention
In the interpretation and application of the provisions of this Convention will be taken into account in its
international character and the need to assist its unity.
PART II.
LIABILITY OF THE CARRIER
Article 4
Time of liability
1. the liability of the carrier for the goods under this Convention shall include the period during
that is the goods in the care of the carrier at the port of loading, during the carriage and at the
the port of landing.
2. For the purposes of paragraph 1 of this article, it is considered that the carrier has
the goods in their care
and) since he took over the goods from:
I) of the sender or of a person acting on his behalf; or
(ii)) of the official authority or other third parties, that the goods must be handed over to the
for the purpose of its dispatch in accordance with the Act or the regulations in force in the
the port of loading,
(b)) to the time when the goods are delivered:
I) that the goods passed to the recipient; or
II) in cases where the recipient does not accept the goods from the carrier, that is
made available to the beneficiary in accordance with the Treaty or with the law, or
practices of the relevant business sector in force at the port of destination;
or
(iii)), by forward goods official or other third party, which
the goods must be transmitted in accordance with the law or regulations in force in the
the port.
3. A link to the carrier or to a recipient in paragraphs 1 and 2 of this article
means, in addition to the carrier or the consignee, an employee or agent
the carrier or the consignee.
Article 5
Principles of responsibility
1. the carrier is liable for damage resulting from the loss of the goods or
the damage, as well as for late delivery, if the event that
caused the loss, damage or delay took place during the time when the goods
It was in his care, as provided for in article 4, if the carrier
proves that he, his servants or agents have taken all
the measures, which could reasonably be required to avoid
the event and its consequences.
2. late delivery occurs when the goods are not released in port
the landings provided for in the agreement on maritime transport at the time explicitly
agreed, or if no such agreement, at the time, in which it would
It was reasonable to require careful carrier with regard to the circumstances of the
case.
3. the person entitled to the claim for loss of the goods can be considered to be
goods lost, if it was not delivered, as required by article
4, to 60 consecutive days following expiry of the period for delivery
in accordance with paragraph 2 of this article.
4.
and the carrier) corresponds to the
I) for the loss of goods or damage to or late delivery, which
the cause of the fire was, if the claimant proves that fire
was the fault or neglect of the carrier, its employees or
agents;
(ii)) for such loss, damage or delayed delivery of which the person
claiming proves that occurred as a result of fault or
the negligence of the carrier, its servants or agents that have not been
taken all measures that could reasonably be required to
the fire was extinguished and its consequences to be excluded or relaxed.
(b)) in the case of fire on board the ship, which will affect the item, if it's a person
claiming or carrier desires must be in accordance with the practice of
maritime transport carried out inspection in order to determine the causes and
the circumstances of the fire and a copy of the report of the Inspector, on request, shall be given to the
available to the carrier and the person claiming it.
5. With regard to live animals, the carrier is not liable for loss, damage
or late delivery arising from the special dangers of its own
This kind of transport. If the carrier proves that he has fulfilled all the
Special instructions, which gave him the sender about the animals, and that the
the circumstances of the case, the loss of, damage to or late delivery may be
attributed to such dangers, it is considered that the loss, damage or
delayed delivery caused by, so if it is proved that the loss,
damage or delay occurred wholly or partly as a result of
the fault or negligence of the carrier, its servants or agents.
6. the carrier is not liable for damage, except in the case of a common accident,
If the loss, damage or delay occurred as a result of
measures to save life or reasonable measures to save property
on the sea.
7. If the fault or negligence of the carrier, its employees or
agents along with another cause of caused the loss, damage or
delayed delivery, the carrier is liable only to the extent to which the loss,
damage or delay can be attributed to such fault or
negligence, provided that the carrier proves the amount attributable to the
loss, damage or delayed delivery by such fault or
negligence cannot be attributed to.
Article 6
Limitation of liability
1.
and) Dopravcova liability for damage resulting from the loss of the goods or
damage according to the provisions of article 5 is limited to the amount
the corresponding posting 835 units per piece or any other transport
2.5 units of the unit or the posting per kilo gross weight
lost or damaged goods, whichever is the higher.
(b)) Dopravcova liability for delayed delivery according to the provisions of article 5 of the
is limited to the amount corresponding to the two and a half times the freight charges
applicable to the goods in respect of which it was the late delivery, but
does not exceed the total freight payable under the contract of carriage
of the goods.
(c)) dopravcovy in any case, the aggregate liability under letters) and (b))
This paragraph shall not exceed the limitation which would be established by the
(a) of this paragraph) for the total loss of the goods, on the basis of the
such liability occurred.
2. For the purposes of the calculation of that amount is higher in accordance with paragraph 1.)
Article, shall apply to the following rules:
and If the container is used), the pallet or similar transport
AIDS for the grouping of goods, piece or other transport unit h
in the Bill of lading has been issued, or has not been issued in any other
the document, which is proof of the contract of transport, as
packaged in a transportation device, shall be deemed the pieces or
the transport unit. With the exception of the case of the goods referred to in that
Trucking widget is considered one transport unit.
(b)) in cases where the transport vehicle itself has been lost or
damaged, transport aid is considered one separate shipping
the unit, if it is not owned by the carrier or the carrier otherwise
did not provide.
3. The unit of account means the unit of account referred to in article 26.
4. By agreement between the carrier and the consignor can set a higher limit
of responsibility than as laid down in paragraph 1.
Article 7
Use on non-contractual claims
1. Exclusion of liability and limitations of liability set out in this
the Convention shall apply to any action against the carrier for loss of or
damage to the goods covered by the agreement on maritime transport, as well as
for delayed delivery, regardless of whether the claim is based on contract
or non-contractual liability, or is otherwise justified.
2. If such an action is brought against the servants or agents
the carrier, such servant or agent, if he proves that
acted within the scope of their employment, shall be entitled to apply for yourself
exclusion and limitation of liability, which is referred to in this Convention, shall be entitled to
on the carrier.
3. With the exception of the provisions of article 8 of the total amount of compensation that can be
request from the carrier and from any of the persons referred to in paragraph 2 of this
Article, shall not exceed the limits of liability provided for in this Convention.
Article 8
The loss of the right to limit liability
1. The carrier shall not be entitled to the benefits of the limitation of liability set out in
Article 6, if it is proved that the loss, damage or delayed
the delivery occurred as a result of acts or omissions made by the dopravcova in the
intent to cause such loss, damage or delay, or from gross
negligence and with knowledge that such loss, damage may or
delay occurs.
2. Notwithstanding the provisions of paragraph 2 of article 7 of the employee or
Agent, the carrier is not entitled to the benefits of the limitation of liability
provided for in article 6, if it is proved that the loss or damage
or delayed delivery occurred as a result of the acts or omissions of such
employee or agent made with the intent to cause such loss,
damage to or delay to or of gross negligence and with the knowledge that
probably such loss, damage or delay occurs.
Article 9
Deck cargo
1. the carrier is entitled to carry the goods on deck only
If such carriage is in accordance with the agreement with the sender or
the practice of the relevant business or industry require it in General
binding legal provisions.
2. If the carrier and the consignor have agreed that the goods will or may
be carried on board, the carrier must indicate in this sense
the statement in the Bill of lading or other document which is proof of the
Treaty on maritime transport. If such a declaration is missing,
the carrier shall bear the burden of proof about it, that it was finalised arrangements for the
the carriage on board; However, the carrier is not entitled to challenge such
the arrangement against the third party, including the consignee, who acquired the Bill of lading in
good faith.
3. If the goods have been shipped on board in contravention of the provisions of the
paragraph 1 of this article, or if the carrier cannot
paragraph 2 of this article rely on the transport arrangements on board,
the carrier, notwithstanding the provisions of paragraph 1 of article 5 shall be responsible for
loss or damage of the goods, as well as for late delivery, which
are the result solely of transport on board, and the extent of his liability
It is to be determined in accordance with the provisions of article 6 or, where applicable, by
Article 8 of this Convention.
4. The carriage of goods on Board made in conflict with the express agreement of the
transport below deck shall be considered as an act or omission of the carrier in
the meaning of article 8.
Article 10
Liability of the carrier and other carriers
1. If performing the carriage or part thereof has been entrusted to the other
the carrier, whether it happened under the permissions of the Treaty
maritime transport or not, the carrier nevertheless remains responsible for the entire
carriage according to the provisions of this Convention. The carrier is responsible in terms
transport performed by another carrier, for the acts and omissions of the next
carrier and of its servants and agents acting within the framework of their
job duties.
2. All the provisions of this Convention governing the liability of the carrier,
shall also apply to the liability of other carrier for the carriage by
He carried out. The provisions of paragraphs 2 and 3 of article 7 and paragraph 2 of article 8, the
to apply, if it is brought against the servants or agents
the next carrier.
3. Any special arrangement, whereby the carrier accepts the obligations which
are not stored by this Convention or waives rights conferred on him by this
the Convention, with touches next carrier only if it
expressly and in writing has expressed consent. Whether another carrier such
the consent manifested or not, the carrier nevertheless remains bound by the obligations
or by surrendering the rights resulting from such special agreement.
4. the liability of the carrier and another carrier is joint and several,
If both are responsible, and to the extent that they are both
responsible.
5. The aggregate of the amounts, which may be required from the carrier, the next
the carrier and their servants and agents, shall not exceed the limit
the liability provided for in this Convention.
6. nothing in this article shall not prejudice any right of recourse between
the carrier and another carrier.
Article 11
Continuous transport
1. Notwithstanding the provisions of paragraph 1 of article 10, where the contract for the
maritime transport provides expressly that a certain part of the transport, which
covered by the contract has to be made on behalf of a listed person other
from the carrier, the contract may also stipulate that the carrier is not liable for
loss, damage or delayed delivery caused by the events that occurred in the
the time when the goods are in the care of another carrier in the course of such part
transport. However, any provision which restricts or
excludes such liability, is ineffective, if against another
carriers cannot be initiated any legal proceedings before a Court of competent
in accordance with the provisions of paragraphs 1 and 2 of article 21. The burden of proof that the
loss, damage or delay was caused by an event,
It lies on the carrier.
2. further, the carrier is responsible under the provisions of paragraph 2 of article 10
loss, damage or delayed delivery caused by the events that occurred in the
a time when he had the goods in their custody.
PART III.
THE LIABILITY OF THE CONSIGNOR
Article 12
The general rule
The sender is not responsible for the loss suffered by the carrier or another
carrier, or for damage sustained by the ship, if such loss
or damage have not been caused by the fault or negligence of the consignor,
its servants or agents. No employee or agent of the
the sender is not liable for such loss or damage if the loss
or damage not due to his fault or negligence.
Article 13
Special rules on dangerous goods
1. The consignor must mark dangerous goods properly or
affix the sticker as dangerous.
2. If the sender passes the dangerous goods carriers or by circumstances
the case further, it shall inform the carrier of the dangerous nature of the
the goods, and if necessary, on the measures to be taken.
If the sender is done and the carrier or other carrier or otherwise
don't know about the dangerous nature of the:
and the sender corresponds to the carriers and) any further carriers for
the loss resulting from the sending of such goods; and
(b)), the goods can be unloaded at any time under the circumstances, destroyed and made
harmless without providing compensation.
3. The provisions of paragraph 2 of this article shall not invoke any
person, if during the transport took over the custody of goods and knew his
hazardous nature.
4. If, in cases not covered by the provisions of paragraph 2
(a). (b)) of this article, or cannot be relied upon, it becomes
dangerous goods are the real danger to life or property, may be
under the circumstances, such goods are unloaded, destroyed or made harmless
without providing compensation, except in cases where there is an obligation to
to contribute to a common accident, or if the carrier is responsible under
the provisions of article 5.
PART IV.
TRANSPORT DOCUMENTS
Article 14
The issue of Bill of lading
1. If the carrier or another carrier will take the goods into his care,
at the request of the consignor, the carrier must issue a bill of lading to the sender.
2. the Bill of lading may be signed by the person who has to draw from the carrier
empowerment. Bill of lading signed by the captain of the ship on which the goods are
transports, considered to be a bill of lading is signed on behalf of the carrier.
3. The signature on the Bill of lading may be handwritten, printed in facsimile,
perforated, marked with a stamped, in symbols or can be made
any other mechanical or electronic means, if the
It is not in conflict with the law of the State where the Bill of lading was issued.
Article 15
Particulars of a bill of lading
1. the Bill of lading shall contain inter alia the following particulars:
and the general nature of the goods), the main markers necessary to identify the goods,
the express declaration, if any, about the dangerous nature of the goods,
the number of packages or pieces, and the weight of the goods or their quantity expressed
in another way, as all of the following information provided by the sender;
(b) the apparent condition of the goods);
(c) the name and principal business) the seat of the carrier;
(d)) the sender's name;
(e) if the beneficiary) by the sender;
(f) the port of loading) under the Treaty on maritime transport and the date on which it was
goods taken by the carrier at the port of loading;
(g)), the port of unloading in accordance with the contract of carriage;
(h) the number of originals of the Bill of lading), if there is more than one;
and the issue of the Bill of lading);
j) signature of the carrier or a person acting on his behalf;
to the extent) of freight in what has to be paid for by the recipient, or other
an indication that the freight has to pay the beneficiary;
l) statement, which is mentioned in paragraph 3 of article 23;
m) the statement, if applicable, that the goods will or may
be carried on board;
n) date or period of the release of goods at the port of unloading, if it was
expressly agreed between the parties; and
about) any increased restrictions or increased limits of liability where it
It was agreed in accordance with paragraph 4 of article 6.
2. If the goods have already been loaded on the ship, and the sender on request,
the carrier must issue to the sender "on-board" Bill of lading, which in addition to the data
required in paragraph 1 of this article shall confirm that the goods have been
loaded on the ship named or appointed by the ship, and the date or dates
loading. If the carrier had already issued the Bill of lading to the sender
or other document authorizing the issue of such goods, the consignor must
at the request of the carrier to surrender such document in Exchange for "on-board"
Bill of lading. The carrier may edit any previously issued document to
meet the sender's request to release a "cabin" Bill of lading,
If such a document after editing will include all the information
that must be included in the "cabin" Bill of lading.
3. the fact that the Bill of lading is missing one or more of the indications referred to in
This article does not affect the legal nature of a document such as a bill of lading
provided, that otherwise complies with the requirements laid down in paragraph 7
Article 1.
Article 16
Bills of lading, reservations and evidentiary effect
1. If the Bill of lading contains the information regarding the general nature of the main
brands, the number of packages or pieces, weight or quantity of the goods, for which the
the carrier issuing the Bill of lading or any other person on his behalf knows
or has reasonable grounds to suspect that the goods do not correspond exactly to that
It was actually taken, or if it was issued "deck" of the Bill of lading and
the goods have been loaded, or if it does not have adequate means for
control of such data, the carrier or other person must indicate to the
Bill of lading a reservation, which describes these inaccuracies, the reasons for
suspicion or lack of adequate resources for inspection.
2. If the carrier or other person issuing the Bill of lading in its
representation fails to note the apparent condition of the goods in the Bill of lading, it shall
for that, she said on the Bill of lading that the goods were in apparent good
State.
3. With the exception of data in respect of which and within which was taken
the reservation allowed under paragraph 1 of this article:
and, if the Bill of lading is) not to the contrary, proof that
the carrier took over, or if it was issued "deck" of the Bill of lading, that the
loaded the goods on the ship, as described in the Bill of lading; and
(b) carrier licence to the contrary) is not permissible, if the Bill of lading was
transferred to a third party, including the consignee, who acted in good faith and
relied on description of the goods contained in the Bill of lading.
4. the Bill of lading, which does not mention the freight charge, or otherwise to indicate
that the freight has to pay the beneficiary, as provided for in paragraph 1 (b).
k) article 15 nor does not zdržné that booted up in the port of loading and
which is obliged to pay the beneficiary's ID card, if it is not proved
to the contrary, that the recipient is not required to pay or freight or zdržné.
Dopravcův licence to the contrary, however, it is not permissible, if the Bill of lading
transferred to a third party, including the consignee, who acted in good faith and
relying on this, that in the Bill of lading was not given such an indication.
Article 17
Guarantees the sender
1. the sender shall guarantee carriers for the accuracy of the data,
that apply to the general nature of the goods, marks, number, weight
and quantity, as reported for the purpose of putting them into the Bill of lading.
The sender must compensate for the damage to the carrier for loss resulting from the
accuracy of such data. The sender remains responsible even when
Bill of lading has transferred to a third party. The right of the carrier to such compensation
the damage did not limit his liability in accordance with the Treaty on maritime
carriage to any person other than the sender.
2. Any letter of guarantee or arrangement governing the sender undertakes to
the damage to the carrier for loss resulting from the fact that the carrier or
a person acting on his behalf has released the Bill of lading, without has made
reservation regarding the information provided by the sender for the purpose of putting them
in the Bill of lading or on the apparent condition of the goods, are void and
ineffective against any third party, including the consignee, on which it has been
Bill of lading is transferred.
3. A letter of guarantee or arrangements are valid against the sender,
If the carrier or a person acting on his behalf by dropped
from the reservation, which is referred to in paragraph 2 of this article does not intend to
to defraud a third party, including the consignee, who, in their acts relies on
the description of the goods in the Bill of lading. If in the latter case the lovely
the reservation shall apply to data which told the sender to
putting up a bill of lading, the carrier has the right to compensation from the
the consignor referred to in paragraph 1 of this article.
4. in the case of the intended fraud, which is mentioned in paragraph 3 of this
Article, the carrier is responsible, without benefits, limitation of liability
provided for in this Convention, for the loss of that hit the third person including
the recipient, because its negotiations relied on the description of the goods in the
Bill of lading.
Article 18
Other documents than the Bill of lading
If the carrier issues a document other than the Bill of lading that was filed
ID of the receipt of the goods to be transported, such a document is, unless
the contrary, proof of the conclusion of the contract of carriage and
receipt of the goods by the carrier, as it is described in it.
PART V.
CLAIMS AND ACTIONS
Article 19
Notice of loss, damage or delay
1. If the recipient does not pass to the carrier a written notice about the loss or
damage specify the general nature of such loss or damage
not later than on the working day following the day when the goods were handed over to the consignee,
such a handover is proof, if not to the contrary, that
the carrier has delivered the goods, as described in the Bill of lading, or
If such a document has not been issued, he issued it in good condition.
2. If the loss or damage is not apparent, shall apply, mutatis mutandis,
the provisions of paragraph 1 of this article, if written notification is not
passed within 15 days following the date when the goods were handed over to the
recipients.
3. If the status of the goods at the time when it was handed over to the beneficiaries, was subjected to
joint fact-finding tour or the control of the parties, may not be passed to the
written notification of the loss or damage, which have been identified in the course of the
This inspection or control.
4. In the case of any actual or anticipated losses or damage
the carrier and the consignee shall give each other's all reasonable
the conditions for the control and the item are recalculated.
5. No refund shall be granted for the damage resulting from delayed
delivery, if the written notice was sent to the carrier within 60 days after
the date when the goods were handed over to the recipient.
6. If the goods have been released to the next carrier, each notification passed
According to this article, has the same effects as if it had been passed to the
carriers, and each notification forwarded to the carrier has the effects, as if it were
passed to such further carriers.
7. If the carrier or another carrier has not transmitted to the sender of the written
notice of loss or damage to, specifying the general nature of such
loss or damage, not later than 90 days after the
There has been a loss or damage, or after the release of the goods in accordance with the
paragraph 2 of article 4, whichever is the later, the failure of such
the announcement is proof that the carrier or other carrier has not suffered
loss or damage as a result of fault or negligence of the consignor,
its servants or agents.
8. for the purposes of this article, the notification made by a person acting in
representation of the carrier or other carrier, including the captain, or
the officer who takes care of the ship, or a person acting on behalf of the
the sender is deemed to be the carrier, another carrier, or
to the sender.
Article 20
Limitation of rights
1. any claim relating to carriage of goods under this Convention is
barred, if judicial or arbitral proceedings were not instituted within two
years.
2. the limitation period shall run from the date when the carrier has delivered the goods or
in part, and, in cases where no goods delivered, on the last day,
When items should be issued.
3. The day on which the limitation period commences is not included in this period.
4. the person against whom the claim is filed, may at any time during the
the limitation period extend that period by a written declaration by the person
claiming. This period may be extended again next
the Declaration or declarations.
5. a person who has been recognised by the responsible, may bring an action for
damage even after the expiry of the limitation period provided for in the preceding paragraphs,
If it lodges in the time limit permitted by the law of the State where the proceeding was
started. However, the period allowed shall be not less than 90 days beginning on
the date when the person who filed a lawsuit for damages, to satisfy the
or when it was obeslána in the lawsuit against her.
Article 21
Jurisdiction
1. In judicial proceedings relating to carriage of goods under this Convention can
the plaintiff by its choice to bring an action before the Court which is competent according
the law of the State where the Court has its seat and in whose district lies one
from the following places:
and the main business headquarters), or if it does not exist, the usual
place of residence of the defendant; or
(b)) the place where the contract was concluded, provided that the defendant has
their business headquarters, branch or agency through which the
the contract was concluded; or
(c) the port of loading or the port) of landing; or
(d) any other place), which was designed for that purpose in the contract of
maritime transport of goods.
2.
and) Notwithstanding the preceding provisions of this article, the action may be
filed in the courts of any port or place in a Contracting State, in the
which the vessel used to transport or any other ship belonging to the same
the owner may be detained in accordance with the valid legal order of the
State and international law. In this case, however, at the request of
the defendant must bring his claim according to their choice, the person exercising the
entitled to one of the places of jurisdiction, to which reference is made in the
paragraph 1 of this article as appropriate to a decision on the claim, but
before such a transfer application, the defendant must provide sufficient
to guarantee the security of payment from any decision, which may be
later issued in favour of the claimant on the basis of its
the action.
(b)) on all matters that relate to the adequacy of the guarantees or warranties
the Court shall decide, at the port or place of detention.
3. In a place that is not listed in paragraph 1 or 2 of this article,
cannot be initiated court proceedings relating to carriage of goods under this
of the Convention. The provisions of this paragraph shall not prejudice the competence of the
the Contracting States as regards provisional and protective measures.
4.
and If an action) in a court competent under paragraph 1
or 2 of this article, or if such court decisions, new
the action cannot be brought between the same parties for the same reasons, unless the
the decision of the court seised of the first proceedings, was not enforceable
in the State in which the new procedure was initiated.
(b)) for the purposes of this article cannot be considered as the filing of a new application,
If the proceedings, in order to ensure the enforcement of the decision.
(c)) for the purposes of this article cannot be considered as the filing of a new application,
If the action will be transferred to another court in the same State, or to
the Court in another State in accordance with paragraph 2 of this article).
5. Notwithstanding the provisions of the previous paragraphs, the arrangements which
Specifies the location where the claimant may bring an action taken
the parties then what was entitled under the contract of carriage,
valid.
Article 22
The arbitration proceedings
1. under the conditions laid down in this article, the parties may determine the
the arrangement in writing, confirmed that any dispute that may arise in
connection with the carriage of goods under this Convention shall be submitted to the
arbitration body.
2. If the contract for the operation of the ship or the lease contract of the ship contains
the provision that disputes that arise from it, will be submitted to an arbitration
management, and the Bill of lading issued on the basis of these agreements does not contain specific
Note that such a provision is binding on the holder of the
Bill of lading, the carrier cannot rely on such provisions against
holder, who has acquired the Bill of lading in good faith.
3. The arbitration procedure at the choice of the claimant will be
initiated in one of these places:
and place in the State), on whose territory it is situated
and the main seat of the defendant's business), or if it does not exist,
habitual residence of the defendant; or
(ii)) the place where the contract was concluded, provided that the defendant has
their business headquarters, branch or agency through which the
the contract was concluded; or
(iii) the port of loading or the port) of landing; or
(b) any other place), which was designed for that purpose in the arbitration
clause or agreement.
4. the arbitrator or arbitration tribunal will proceed in accordance with the provisions of this
of the Convention.
5. The provisions of paragraphs 3 and 4 of this article shall be considered part of the
every arbitration clause or agreement, and any provisions of such
clause or agreement which is not in accordance with them, is void, and
ineffective.
6. Nothing in this article shall not affect the validity of the arbitration agreement,
which was concluded by the parties after the entitlement under the Treaty on the
maritime transport.
PART VI.
ADDITIONAL PROVISIONS
Article 23
The terms and conditions
1. any condition in a contract of maritime transport, the Bill of lading or in
any other document which is proof of the contract of maritime
the carriage is invalid and ineffective in the extent to which directly or indirectly
contrary to the provisions of this Convention. The nullity of such conditions
It shall not affect the validity of the other provisions of the Treaty or document, which is
the provisions of the part. The clause, which shall be forwarded to the benefits of insurance
goods in favour of the carrier or any similar clause is invalid
and ineffective.
2. Notwithstanding the provisions of paragraph 1 of this article, the carrier may increase
its responsibilities and its obligations under this Convention.
3. If the Bill of lading is issued or any other document, which is
certificate of maritime transport, it must include a statement that the carriage is
be governed by the provisions of this Convention, which is an invalid any
the condition that deviates from them, to the detriment of the sender or
of the recipient.
4. If the claimant has suffered a loss relating to the goods
as a result of the conditions, which is invalid and inoperative on the basis of this
Article or as a result of omission of the Declaration, referred to in paragraph
3 of this article, the carrier shall provide compensation in the
the extent that the person claiming the refund has been granted in accordance
with the provisions of this Convention for the loss or damage of the goods, as well as
for late delivery of the goods. In addition, the carrier must replace the costs that
incurred by the person claiming, in the exercise of its rights under the terms,
that the costs incurred as a result of the action, covered by the previous
provisions, to be determined in accordance with the laws of the State where the
proceedings.
Article 24
Common crash
1. Nothing in this Convention shall not prevent the provisions of the Treaty were used
on maritime transport or national law governing the schedule
common accidents.
2. With the exception of article 20 the provisions of this Convention concerning the liability of the
the carrier for the loss of or damage of the goods also determine whether
the consignee may refuse contribution to common accidents and liability
the carrier to replace the beneficiary damage for such a contribution provided or
paid a reward for the rescue.
Article 25
Other international conventions
1. this Convention does not modify the rights and obligations of the carrier, another carrier
and their employees and agents, which have been laid down in international
conventions or national law relating to the limitation of
liability of owners of seagoing ships.
2. the provisions of articles 21 and 22 of this Convention shall not prevent to use
mandatory provisions of any other multilateral conventions, which to date
This Convention has already entered into force, relating to issues covered by the
those articles, on condition that the dispute arises exclusively between the parties,
which have their main business in the States that are members of the
such other Convention. This paragraph, however, shall not affect the application of paragraph 4
Article 22 of the Convention.
3. no liability shall arise under this Convention for damage
caused by a nuclear incident when the operator of a nuclear installation
shall be responsible for such damage:
and in accordance with the Paris Convention), either from the 29. July 1960 on liability for
damage caused by third parties in the field of nuclear energy, as was
modified by the additional protocol of 28. January 1964, or the Vienna
the Convention of 21. May 1963 on civil liability for nuclear
the damage; or
(b)) on the basis of the national law governing the liability for such
the damage, provided that such law is in all respects as well
favourable to persons who may suffer damage as such, Paris
or the Vienna Convention.
4. no liability shall arise under this Convention for loss
of or damage to or delay of baggage, for which the carrier is responsible
in accordance with any International Convention or national law concerning
maritime transport of passengers and their luggage.
5. Nothing contained in this Convention shall not prevent the Contracting State,
to use any other international Convention, which to date this Convention
already in force, and which shall apply to the contract of carriage
goods carried by other means of transport, in principle, than the sea
transport. This provision shall also apply to subsequent revision or
a change of such international Convention.
Article 26
The unit of
1. The unit of account, which is mentioned in article 6 of this Convention, the
the special drawing right as defined by the International Monetary
by the Fund. The amounts referred to in article 6 shall be converted into the national currency of the State of
According to the value of such currency at the date of judgement or the date that was
the parties agreed. Under the terms of the special drawing rights value
the national currency of a Contracting State which is a member of the International Monetary
the Fund, shall be calculated in accordance with the method of evaluation is actually used
The International Monetary Fund for the relevant date for its own operations
and the transaction. The value of the national currency under the terms of special rights
drawing of a Contracting State which is not a member of the International Monetary
the Fund, shall be calculated in a manner determined by that State.
2. Nevertheless, States that are not members of the International Monetary Fund and the
their legal order does not apply the provisions of paragraph 1 of this
Article may, at the time of signature or at the time of ratification, acceptance, approval
or access, or at any time thereafter, declare that the limit of liability
provided for in this Convention shall be fixed for the use on their territory of
as follows: 12 500 monetary units per piece or other transport unit
or 37.5 monetary units per kilogram gross weight of the goods.
3. the monetary unit referred to in paragraph 2 of this article corresponds to the
Sixty-five and a half milligrams of gold of millesimal fineness nine hundred and when.
The conversion of the amounts referred to in paragraph 2 into national currency shall be made according to the
the national law of the State concerned.
4. the calculation mentioned in the last sentence of paragraph 1 and the conversion mentioned in
paragraph 3 of this article shall be carried out in such a way that he expressed in the
the national currency of a Contracting State, if possible, the same real value
as the amounts in article 6, as there is expressed in units of account.
The Contracting States shall communicate to the depositary the manner of calculation in accordance with
paragraph 1 of this article or, where appropriate, the conversion of the results referred to in
paragraph 3 of this article at the time of signature or when they will save their
the instruments of ratification, acceptance, approval or accession, or if the
exercise for themselves the options in paragraph 2 of this article and any time
There is a change in the way of such a calculation or in the results of such
the conversion.
PART VII.
FINAL PROVISIONS
Article 27
The depositary
The Secretary-General of the United Nations is hereby designated for the
the depositary of this Convention.
Article 28
Signature, ratification, acceptance, approval, access
1. This Convention shall sign all States to 30. April 1979 at the headquarters
The United Nations in New York.
2. this Convention is subject to ratification, acceptance or approval by signatory
States.
3. After 30. April 1979 may accede to this Convention by all States,
which are not signatory States.
4. instruments of ratification, acceptance, approval or accession shall be deposited with the
the Secretary-General of the United Nations.
Article 29
Reservations
This Convention shall not be made any reservations.
Article 30
Entry into force of
1. this Convention shall enter into force on the first day of the month following the
the expiry of one year from the date of deposit of the 20th instrument of ratification,
acceptance, approval or accession.
2. For each State which becomes a Contracting State to this Convention after the date of
deposit of the 20th instrument of ratification, acceptance, approval or accession,
This Convention shall enter into force on the first day of the month following the
one year after the deposit of the appropriate instrument on behalf of that
State.
3. Each State party shall apply the provisions of this Convention on contracts for the
maritime transport, which have been closed from the date on which this Convention
entered into force for that State, and after this date.
Article 31
Testimony of other conventions
1. As soon as it becomes a Contracting Party to this Convention, any State that
is a party to the International Convention for the unification of certain rules in the matter
bills of lading relating signed in Brussels on 25. August 1924 (1924 Convention) must
notifikovat the Belgian Government as the depositary of the Convention, 1924, his testimony
that Convention and to declare that the testimony will be valid from the date when
This Convention shall enter into force for them.
2. As soon as this Convention enters into force in accordance with paragraph 1 of article 30,
the depositary of this Convention shall notify the Belgian Government as the depositary
Convention, the date of such entry into force in 1924, and the names of the Contracting States,
for which the Convention came into force.
3. The provisions of paragraphs 1 and 2 of this article shall apply mutatis mutandis for the
the States parties to the Protocol, signed on 23. February 1968 amending
The International Convention for the unification of certain rules relating to bills of lading relating in the matter
signed in Brussels on 25. August 1924.
4. Notwithstanding article 2 of this Convention, for the purposes of paragraph 1 of this article
a Contracting State may, if it considers it desirable, defer the denunciation of
Convention as amended by the Protocol of 1924 in 1968 for a period of five years from the
entry into force of this Convention. In this case, the notifikovat
the Belgian Government of its intention. During this transitional period, however, must
Use this Convention to the Contracting States to the exclusion of any other.
Article 32
Revision and amendment
1. At the request of at least one-third of the States parties to this Convention
the depositary shall convene a Conference of Contracting States for the purpose of the revisions or changes
Of the Convention.
2. Any instrument of ratification, acceptance, approval or accession
stored after changing this Convention came into force, it shall be deemed that the
shall apply to the Convention as amended.
Article 33
The revision of the amount of the limitation and the unit or cash units
1. Notwithstanding the provisions of article 32 shall be convened by the depositary referred to in paragraph 2
This article, the Conference only for the purpose of the changes to the amounts laid down in the
Article 6 and in paragraph 2 of article 26, or to replace the two
units defined in paragraphs 1 and 3 of article 26, or any of the
These other units. Change the amounts shall be made only because of the
significant changes in their real value.
2. the depositary shall convene a revision conference if requested by at least
one quarter of the Contracting States.
3. Any decision by the Conference must be taken by a two thirds
the majority of the participating States. The depositary shall notify all Contracting States of the change
for the purpose of its adoption and to all the signatory States of this Convention to
the information.
4. any approved change shall enter into force on the first day of the month
following the expiry of one year after it was adopted two
thirds of the Contracting States. Acceptance shall be effected by the competent
the official instrument with the depositary.
5. After the change took effect, the Contracting State which has adopted the change, is
entitled to use the Convention as amended in its relations with
Contracting States which, within six months after the approval of the amendment have not reported
the depositary that they are not bound by this amendment.
6. Any instrument of ratification, acceptance, approval or accession
stored after changing this Convention came into force, it shall be deemed that the
concerns of the Convention, as amended.
Article 34
Notice of termination
1. A Contracting State may at any time denounce this Convention by written notification
addressed to the depositary.
2. the Denunciation shall become valid on the first day of the month following the
one year after the depositary has received the notification. If it is
the notice listed a longer period, the statement becomes valid after the expiry of the
such longer period after the depositary has received notice.
Given in Hamburg on the 30th of March, the first day of the year one thousand
devítistého sedmdesátého eighth in one original, whose English,
Arabic, Chinese, French, Russian and Spanish text is as
authentic.
On the evidence of the assignees who have been subscribers properly instructed
their respective Governments, have signed this Convention.
