Civil Code Book 8, transport and transport book 8. Transport and transport i. General provisions title 1. General provisions article 1 1 this code under ships means all business, no aircraft being, which according to their construction intended to float and float or have driven.
2 by order in Council can business, which no ships are, for the application of provisions of this code are designated as a ship, or any provisions of this code shall not be made to apply to business, which ships.
3 Locomotive equipment and other machinery are part of the ship at the time, after their installation, their confirmation that such as this also after completion of the ship will be.
4 under ship accessories means the business, which, no file part of the ship being, intended to ship to serve sustainable and as such can be recognized by their form, as well as those navigation and communication tools, which are connected with the ship in such a way, that they can be separated without damage of meaning to them or to the ship.
5 subject to deviating terms is the ship belonging to the ship. A different circumstances can be registered in the public records referred to in section 2 of Title 1 of book 3.
6 for the purposes of the third, fourth and fifth paragraph of this article, fellow ship means a ship under construction.

Article 2 1 be under sea-going vessels In this code means the ships as sea-going vessel teboekstaan in the public registers referred to in section 2 of title 1 of book 3, and the ships that are not teboekstaan in those registers and according to their construction exclusively or mainly for driving into the sea.
2 by order in Council can ships, which no sea-going vessels are, for the application of provisions of this code are designated as sea-going vessel, or any provisions of this code shall not be made to apply to ships, ocean-going vessels.
3 In this code below sea-going fishing vessels "means vessels, which according to their construction exclusively or mainly for the industrial fishing are intended.

Article 3 1 In this code under inland waterway vessels "means the vessels as barge teboekstaan in the public registers referred to in section 2 of title 1 of book 3, and the ships that are not teboekstaan in those registers and according to their construction nor exclusively or mainly for driving into the sea.
2 by order in Council no inland waterway vessels are ships, which can, for the application of provisions of this code are designated as barge, or any provisions of this code shall not be made to apply to ships, inland waterway vessels.

Article 3a 1 In this code, under aircraft means aircraft that can be held in the atmosphere as a result of forces that air exerts on it, with the exception of devices according to their construction intended to move on an air cushion that is maintained between the appliance and the face of the Earth.
2 the airframe, the engines, the air screws, the radio sets and all other articles intended for use in or on the unit, whether they or otherwise have been made or are temporarily separated, are part of the aircraft.
3 by order in Council matters that do not aircraft can, for the application of provisions of this code if aircraft are designated, or provisions of this code shall not be made to apply to matters that aircraft.

Article 3b In this code, the following definitions shall apply: a. rail vehicle: vehicle intended for traffic on railways;
b. railway infrastructure: railways as referred to in article 1 of the railway law and associated railway infrastructure as referred to in article 1 of the railway law or local railway infrastructure as referred to in article 1 of the Law local track;
c. railway infrastructure administrator: the Administrator referred to in article 1 of the railway law or, where that provision does not apply, the one that the railway infrastructure, or the administrator provided for in article 1 of the law local track;
d. railway undertaking: any railway undertaking as referred to in article 1 of the railway law or the carrier referred to in article 1 of the Law local track.

Article 4 subject to Article 552 are in this book the Dollart, the Wadden Sea, ijsselmeer, the streams, the river mouths and, if necessary, for the application of other provisions of this book by order in Council to designate waters, in as at a later order in Council to determine limits, as inland waters.

Article 5 In this code, among persons on board means all persons on board a ship.

Article 6 In this code, the captain and the skipper classified as member of the crew.

Article 7 [expired per 01-01-1992] article 8 In this code under luggage means the business, which a carrier in connection with an agreement concluded by him to transport passenger transport takes on with the exception of cases, the carriage of goods transported under a relevant agreement.

Article 9 [expired per 01-01-1992] article 10 In this code, shipowner means the owner of a sea-going ship.

Article 11 [expired per 01-01-1992] article 12 In this book leads fight with a mandatory legislative provision to apply of its own motion to invalidity of the Act.

Article 13 this book is without prejudice to any applicable international agreement for Netherlands or any law that regulates the liability for nuclear damage.

Article 14 [expired per 01-01-1992] title 2. General provisions on Transport Department 1. Agreement of goods Article 20 1 the agreement of goods transport is the agreement, in which one party (the carrier) in front of the other party (the sender) connects business to transport.
2 this section shall apply mutatis mutandis to the transport of electricity, heat and cold.

Article 21 the carrier is obliged to receive transport to deliver business at destination in the State in which he received them.

Without prejudice to article 21 article 22 is the carrier to transport obligated to transport receive business without delay.

Article 23 the carrier shall not be liable for any damages, to the extent that this is caused by a circumstance that a carrier has not been able to avoid carefully and in so far as such a carrier has not been able to prevent their consequences.

Article 24 the consignor shall the carrier suffers the damage caused this because the agreed services, for any reason whatsoever, not at the agreed place and time at his disposal.

Article 25 1 Before matters are at the disposal of the carrier, the sender shall be entitled to use the agreement. He is obliged the carrier this good any damage caused as a result of the termination.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.

Article 26 the consignor shall the carrier about the business and processing them to do all those tasks in a timely manner, to which he is or ought to be, and which he knows or ought to know, that they are important for the carrier, unless he can assume that the carrier knows this information.

Article 27 The consignor shall the carrier the damages that this suffers because the documents, which on the part of the sender for the transport are required, from any cause whatsoever not to belong.

Article 28 1 When before or at the offer of the goods to the carrier conditions on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 29 the freight is payable after delivery of the goods at destination.

Article 30 1 the carrier shall be entitled to issue business, which he linked to the transport agreement, refusing to everyone other than the contract of carriage is entitled to delivery of that matters unless batter is placed on the business and from the persecution of this attachment to the attaching party an obligation to issue results.

2 The carrier may exercise the right of retention on business, which he linked to the contract of carriage, for that which is owed by the recipient him or will be with regard to the transport of that matters. He can also exercise this right by way of cash on delivery on that matter. This right of retention shall lapse as soon as the carrier is paid the amount on which no dispute exists and sufficient security has been lodged for the payment of those amounts, which have dispute or whose height cannot yet be determined. However, the carrier no collateral for what by way of cash on delivery on the case.
3 The rights conferred in this article to the carrier are not allow him towards a third party, if he at the time that he received the case at transport, had cause to doubt the competence of the transport of the case against the third party sender to make available to him.

Article 31 is the carrier or the shipper or a subordinate of outdoor agreement addressed one of them, then articles 361 to 366 shall apply mutatis mutandis.

Article 32 this section applies only in respect of not specified elsewhere in this book regulated agreements of goods transport.

Section 2. Agreement of combined goods transport Article 40 the agreement of combined goods transport is the agreement of goods transport, which the carrier (combined carrier) is at one and the same agreement in front of the sender connects that it partly by sea, inland waterway, road, railways, by air or by a pipeline or by means of any other transport technique will come to pass.

Article 41 in the case of a contract of combined goods transport apply to each part of the transport rules on that part.

Article 42 1 if the combined carrier not deliver without delay at the place of destination in the condition in which he received them and not according to law, where the circumstance, which caused the loss, damage or delay, has risen, he is liable for the resulting damage, unless he proves that he on none of the parts of the transport , where the loss, damage or delay may have occurred, before that is liable.
2 null and void any clause, which is moving away from this article.

Article 43 1 if the combined carrier is liable for damage caused by damage, partial or complete loss, delay or any other injurious fact and has not been established where the circumstance, which led for this purpose, has risen, his liability is determined according to the legal arrangements applicable to that part or those parts of the transport, covered by this circumstance may have emerged, from which the highest amount in damages.
2 null and void any clause, which is moving away from this article.

Article 44 1 The combined carrier can leave the sender's desire, expressed before business at his disposal, in respect of a transport document (CT-document) format, that is dated and signed by him and is issued to the sender. The signature can be printed or by a stamp or any other feature of origin be replaced.
2 On the CT document shall: a. the sender, (b). the ten transport retrieved business with description of the general nature thereof, as this definition is common, c. one or more of the following data relating to the matters referred to in point (b): 1 °. number, 2 °. weight, 3 °. volume, 4 °. marks, d. where the combined carrier has received the affairs at transport, e. the place to which the combined carrier takes on the business to transport, f., at the choice of the recipient that the sender is indicated either by name or other designation, either as order of the sender or of another, either as bearer. The few words "to order" shall be deemed to give the order from the sender to the combined carrier, g., h. the number of copies of the document if it is in more than one copy is issued, i. all sender and combined carrier jointly which does see fit.
3 The indications mentioned in the second paragraph under (a) to (c) are included in the CT-document on the basis of information to be provided by the sender, provided that the combined carrier is not required in the CT document any data related to the business or, of which he has reasonable grounds to suspect , that it is not accurate in reality show or business he has received to the keys of which he is not a reasonable opportunity. The combined carrier is suspected to have had no reasonable opportunity the quantity and weight of paid-up or pumped to business keys. The sender is responsible for the accuracy, at the time of the reception of the business, of the information provided by him.
4 each other the parties are obliged to compensate damage that they suffer due to the lack of data referred to in the second paragraph.

Article 45 The negotiable copies of the CT document, in which is stated how many of these copies have been issued at all, all for one and one for all. Not negotiable copies must be designated as such.

Article 46 1 for the part of the transport, that will take place in accordance with the agreement concluded between the parties as transport by sea or inland waterways, the CT document as Bill of lading.
2 for the part of the transport, that in accordance with the agreement concluded between the parties will take place by road, is the CT-document as a bill of lading.
3 for the part of the transport, that in accordance with the agreement concluded between the parties about railways or air will take place, the CT document, provided it to the specified requirements, if intended for such transport document.

Article 47 if a contract of combined goods transport is closed and in addition, a CT document has been issued, subject to article 51, paragraph 2, second sentence, the legal relationship between the combined carrier and the sender by the terms of the contract of combined goods transport and not of this CT-controlled document. Subject to the first paragraph in article 51 requirement of ownership of the CT document, then this their only until proof of the receipt of goods by the combined carrier.

Article 48 1 The CT document proves, the absence of proof to the contrary, that the combined carrier has received and the business now as these are defined in it. Rebuttal against the CT document is not allowed, when it is transferred to a third party in good faith.
(2) if in the CT-document the clause: "nature, weight, number, volume or brands unknown" or any other clause of such scope is included in such a bind, in the CT document common entries about the business the combined carrier is not, unless he is proven that the nature, weight, quantity, volume or brands of Affairs has known or should know.
3 a CT document, that externally visible state or condition of the case does not mention, supplies, the absence of proof to the contrary that also is possible towards a third party, a suspicion that the combined carrier that matter as far as appearance visible in good condition or conditions.
4 A document included in the CT-value-of contents creates, the absence of proof to the contrary, a suspicion, but does not bind the combined carrier that her can dispute.
5 references in the CT document are considered only those terms in it, that for the party, to which a job is done, clear. Such a job is only possible for him, that at the written request of the party against whom this job can be done or is being done, to these terms without delay to forward that has.
6 this article shall be without prejudice to the provisions to grant a bill of lading or consignment note greater probative value.
7 null and void any clause, which by the fifth paragraph of this article.

Article 49 a CT document order is delivered in accordance with the rules laid down in section 2 of Title 4 of book 3.

Article 50 of the CT-document Delivery before delivery of the goods by the carrier shall be deemed to be delivery of that matters.

Article 51 1 If a CT document has been issued, has just the regular holder thereof, unless he has become not the lawful holder, to the combined carrier the right delivery of the goods in accordance with the obligations incumbent on this claim. Without prejudice to this right of episode, he and he alone-as far as the combined carrier is liable for non-fulfilment of its obligation to deliver without delay at the business destination in the condition in which he received them, to relevant solely in the right to claim damages.
2 vis-à-vis the holder of the CT-document, which is not the sender was, the combined carrier held on and he can rely on the terms of the CT document. Against any holder of the CT document can he invoke the rights to payment clearly knowable. Vis-à-vis the holder of the CT document, which is also the sender was, the combined carrier also within the terms of the contract of combined goods transport and on his personal relationship to the sender.

Article 52


Of the holders of different instances of the same CT-he has the best law document, holding the copy, which after the common foreman, who was holder of all those copies, has become the first another holder in good faith and for consideration.

Section 3. Agreement to make transport of goods Article 60 the contract for the carriage of goods, the agreement, in which one party (the forwarder) towards his adversary (the client) connects to the close of its behalf with a carrier transport of one or more agreements to make available by this other party business, or to make the its behalf of a term in one or more such transport agreements.

Article 61 1 as far as the agreement to conclude the forwarder which he connected, itself, he himself designated as the carrier from that agreement.
2 null and void any clause, which is moving away from this article.

Article 62 1 if the goods are delivered without delay at the place of destination in the State, in which they were tendered, the freight forwarder, in so far as he has a contract of carriage which he was to conclude with a third party, itself, required this knowledge gave him immediately to the client which of the damage.
2 does the forwarder the communication referred to in the first paragraph shall not, then he is, when he is addressed as a carrier in a timely fashion thereby not, in addition to compensation for the damage that the client otherwise liable compensation payable equal to the damages, which he would have had to meet, when he would be addressed in a timely manner as carrier.
3 null and void any clause, which is moving away from this article.

Article 63 1 if the goods are delivered without delay at the place of destination in the State, in which they were tendered, the forwarder, in so far as the contract of carriage, which he was to conclude with a third party, not themselves, required to do know the principal forthwith which contracts of transport fulfil his obligation. He is also obliged the client all documents and data, available to him or that he can reasonably provide, as far as this at least can serve up story of mind damage.
2 the client obtains against the party, with whom the carrier has acted, of the moment, in which he informs the forwarder clear, that he wishes to exercise them, the rights and powers, which would have arrived, when he himself would have closed if the sender agreement. He can in respect to legal proceedings, when he consults a forwarder or in case of his bankruptcy by its curator-, that between him and the forwarder with regard to the transport of a business agreement to do was closed. If the freight forwarder the debt restructuring arrangement with regard to natural persons apply, gives the administrator the statement, unless the contract for the carriage has come about after the judgment to the application of the debt restructuring arrangement.
3, the freight forwarder a liability as in the first paragraph not after, then he, in addition to compensation for the damage that the client otherwise liable compensation payable equal to the compensation that the client had of him when he had carried out the agreement that he closed, itself, minus the compensation that the client may be obtained from the carrier.
4 void any clause, which is moving away from this article.

Article 64 the principal shall make good damage the forwarder that this suffers because the agreed services, for any reason whatsoever, not at the agreed place and time are available.

Article 65 1 Before business were tendered, the client shall be entitled to use the agreement. The freight forwarder is obliged this good any damage caused as a result of the termination.
2 denunciation shall be effected by written notification and the agreement ends at the time of receipt.

Article 66 1 the client is obliged the forwarder about the business and processing them to do all those tasks in a timely manner, to which he is or ought to be, and which he knows or ought to know, that they are important for the shipping agent, unless he can assume, that the carrier knows this information.
2 the forwarder is not obliged but is entitled, in order to examine whether the specifications stated to him are correct and complete.

Article 67 the principal shall make good damage the forwarder that this suffers because the documents, which on the part of the client for executing the command are required, from any cause whatsoever not to belong.

Article 68 1 When business conditions or prior to the posting of the on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its land had yielded the agreement not reasonably or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by written notification and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 69 1 the freight forwarder shall be entitled to issue business or documents, which he related to the agreement, refusing to everyone other than the contract for carriage is entitled to delivery thereof, unless it batter is made and from the persecution of this attachment to the attaching party an obligation to issue results.
2 the freight forwarder may exercise the right of retention on matters or documents, which he related to the agreement, for which the agreement has been or will be owed by his client. He can also exercise this right by way of cash on delivery on the case. This right of retention shall lapse as soon as the freight forwarder shall paid the amount on which no dispute exists and sufficient security has been lodged for the payment of those amounts, which have dispute or whose height cannot yet be determined. However, the shipping agent no collateral for what by way of cash on delivery on the case.
3 The rights conferred in this article to the forwarder are not allow him towards a third party, if he at the time that he got the case or the document among themselves, had cause to doubt the competence of the client vis-à-vis that third him that case or that document.

Article 70 if an agreement to make transporting goods fails or not a case is delivered without delay at the place of destination in the State, in which it was made available, the forwarder, which are relevant to other party outside by agreement, towards this no further liability than he would be on the basis of the agreement concluded by them to the carriage of that case.

Article 71 if an agreement to make transporting goods fails or not a case is delivered without delay at the place of destination in the State, in which it was made available, the forwarder, which is addressed to relevant outside agreement, subject to articles 361 to 880 and article 366, article 1081, not further liable than he would be to his client.

Article 72 where a claim, as referred to in the previous article, outside agreement are brought against a subordinate of the shipping agent, then this subordinate, provided that he caused the damage in the works, to which he was used, not further liable than such a freight forwarder, who used him to this work, this would be on the basis of the previous article.

Article 73, the total of the amounts recoverable from the carrier, whether or not together with the amount recoverable from the other party, of the person making the claim, and their subordinates should, save in the case of damages arising from personal act or omission of the guy he was talking to, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result do not exceed the total, that, on the basis of them relied upon agreement is due.

Section 4. Agreement of carriage Article 80 1 the contract of passenger transport, the agreement, in which one party (the carrier) opposite the other party connects one or more people (travellers).
2 the agreement of passenger transport as defined in article 100 is no contract of carriage within the meaning of this section.

Article 81 the carrier shall be liable for damage caused by death or injury associated with the transport to the traveller.

Article 82


1 the carrier shall not be liable for damage arising from death or injury, as far as this death if this injury is caused by a circumstance that a carrier has not been able to avoid carefully and in so far as such a carrier has not been able to prevent their consequences.
2 The carrier may not of his liability for damage caused by death or injury of the passenger exempt, invoke the defectiveness or malfunctioning of the means of transport or of the material that he is for the transport.

Article 83 if the carrier proves, that fault or neglect of the passenger caused damage or have contributed, the liability of the carrier for that totally or partially lifted.

Article 84 is void any for it to happen to the traveller incident created circumstances where the carrier under article 81 on the oppressive liability or burden is reduced otherwise than in this Department.

Article 85 1 In case of injury to the passenger happened to and of the death of the passenger, articles 107 and 108 of book 6 do not apply to the progress made by the other party of another carrier against carrier as the latter set.
2 the liability of the carrier in case of death or injury of the passenger confined to a by or pursuant to order in Council to determine amount or amounts.

Article 86 the other party of the carrier is obliged to compensate the damage he suffers because the traveller, from any cause whatsoever not timely transport.

Article 87 the other party of the carrier is obliged to compensate the damage he suffers because the documents related to the traveler, who by her side for the transport are required, from any cause whatsoever not to belong.

Article 88 1 When before or during the transport conditions on the part of the other party by the carrier or the traveler or come forward, which the carrier at the time of conclusion of the agreement does not need to know, but which, if it had been him known, reasonably for him had brought the contract of carriage not ground or on other conditions to enter , the carrier shall be entitled to use the agreement and the traveler from the means of transport to remove.
2 denunciation shall be effected by an oral or written notice to the other party by the carrier or to the traveler and the agreement ends at the time of receipt of the first notification received.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 89 1 When before or during the transport conditions on the side of the carrier are gaining or come forward, that his counterpart at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions, the carrier shall be entitled to use the other party of this agreement.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 90 1 the other party of the carrier is becoming empowered the agreement. She is obliged to compensate the damage the carrier, which as a result of the termination.
2 they may not exercise this right, when the means of transport thereby the trip would be delayed.
3 The termination shall be effected by a verbal or written notice and the agreement ends at the time of receipt.

Article 91 Is the carrier, its counterpart, the traveller or a subordinate of outdoor agreement addressed one of them, then articles 361 to 366 shall apply mutatis mutandis.

Article 92 this section applies only in respect of agreements elsewhere in this book not regulated by passenger transport.

Section 5. Agreement to inland public passenger transport Article 99 this section shall apply only in so far as Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) no 2006/2004 (Oj EU L 55) does not apply.

Article 100 1 the contract of carriage within the meaning of this section is the agreement of passenger transport, in which one party (the carrier) opposite the other party connects on board a means of transport, no aircraft or hovercraft being, one or more people (travellers) and whether or not their hand luggage within Netherlands either railways or otherwise and then according to a known schema of travel opportunities for everyone (timetables). Time or travel chartering is not, as far as it concerns transport by railways, no contract of carriage within the meaning of this section.
2 if carrier within the meaning of this section shall also be considered the authority on a ticket may be issued. Any ticket issued than articles 56, 75, first paragraph and second paragraph, 186, paragraph 1 of book 2 does not apply.
3 In this section, hand luggage means the luggage including live animals, which the traveller and easy to carry, portable or hand-mobile business on or near it.
4 by order in Council, which may contain different provisions for each means of transport, Affairs, which no hand luggage are, for the application of provisions of this section are designated as hand luggage, or any provisions of this section do not apply in business, that hand baggage.

Article 101 1 if one or more carriers at one and the same agreement commit to transport themselves or not of nature with various means of transport, apply to every part of the transport rules on that part.
(2) If a vehicle is used for the transport on board a ship is transported, apply to that part of the transport on water transport rules, on the understanding, however, that the carrier cannot rely on physical or mental shortcomings of the driver of the vehicle which in time, when the passenger on Board was , led to damage.
3 to the agreement in which one party is at one and the same agreement towards the other party connects partly to the transport of persons referred to in article 100, partly to other transport, apply to every part of the transport rules on that part.

Article 102 1 transport of persons includes only the time the traveller on board the means of transport is, in it boarding or there get off.
2 carriage of passengers by ship also includes the time the traveller to water is transported between the cracks or between ship and shore, if the price of this is included in the cargo or the ship used by the carrier for this help transport available to the traveler. The training does not time the traveller staying on a pontoon, a jetty, a spring sidewalk or any other ship, which is situated between the shore and the ship on board which he will be transported in a station building, or on a quay or any other port installation.

Article 103 1 transport of hand luggage includes only the time these on board the means of transport is, in it is loaded or unloaded therefrom, as well as the time that they are under the care of the carrier.
2 transport of hand luggage by ship also includes the time to water the hand luggage is transported between the cracks or between ship and shore, if the price of this is included in the cargo or the ship used by the carrier for this help transport available to the traveler. The training does not time that the hand baggage is on a pontoon, a jetty, a spring sidewalk or any other ship, which is situated between the shore and the ship on board which they will be transported in a station building, or on a quay or any other port installation, unless they are under the care of the carrier.

Article 104 [expired per 01-01-1992] article 105 1 the carrier shall be liable for damage caused by death or injury of the passenger as a result of an accident that related to and during the transport to the traveller.
2 by way of derogation from the first paragraph, the carrier shall not be liable, to the extent that the accident is caused by a circumstance that a carrier has not been able to avoid carefully and in so far as such a carrier has not been able to prevent their consequences.
3 physical or mental shortcomings of the driver of the vehicle as well as defectiveness or bad functioning of the means of transport or of the material, which he serves for transport, be classified as a circumstance that a carrier has been able to carefully avoid and the consequences of which such a carrier reasonably prevent. Under material is not understood another means of transport on board which the means of transport is located.

4 in the application of the second paragraph is only then take into account conduct of a third party, if no other circumstance, which partly led to the accident, on behalf of the carrier.
5 In case of transport by railways are the managers of the railway infrastructure on which the carriage is performed, is considered as persons whose services the carrier for the performance of the transport, and that infrastructure is considered as material that the carrier joined the transport.

Article 106 1 the carrier shall be liable for damage caused by partial or complete loss or damage to luggage or hand luggage as a vehicle or ship and adopted the business on board thereof, in so far as this loss or damage is caused during transport and is caused by an accident to happen to the traveller a. that comes on behalf of the carrier , or b. by a circumstance that a carefully can avoid or which carrier has the consequences such a carrier reasonably prevent.
2 physical or mental shortcomings of the driver of the vehicle as well as defectiveness or bad functioning of the means of transport or of the material that he is for the transport, be classified as a circumstance that a carrier has been able to carefully avoid and the consequences of which such a carrier reasonably prevent. Under material is not understood another means of transport on board which the means of transport is located.
3 in the application of the first paragraph is only then take into account conduct of a third party, if no other circumstance that partly led to the incident on behalf of the carrier.
4 In case of transport by railways are the managers of the railway infrastructure on which the carriage is performed, is considered as persons whose services the carrier for the performance of the transport, and that infrastructure is considered material that is the carrier for the carriage.
5 this article shall be without prejudice to the articles 545 and 1006.

Article 107 is in respect of the carrier by the passenger on board the means of transport brought business, which he, if he had known, not by their nature or conditions on board the means of transport would have admitted and for which he has no evidence of receipt issued, no compensation is payable if the traveler knew or should have known, that the carrier would have admitted the business not to transport; the passenger shall be liable for all costs and damages for the carrier resulting from the offering for transport or the transport itself.

Article 108 the carrier shall not be liable for damage caused by delay, by any cause before, during or after the transport has occurred, or is caused by the deviation from the schedule.

Article 109 1 if the carrier proves, that fault or neglect of the passenger caused damage or have contributed, the liability of the carrier for that totally or partially lifted.
(2) if persons of whose assistance the carrier in the implementation of its commitment, on request of the passenger service, to which the carrier is not required, they are deemed to act on behalf of the traveler to whom they prove these services.

Article 110 1 carrier's liability referred to in this section is limited to under or pursuant to order in Council to determine amount or amounts.
2 this article titles 7 and 12 of this book.

Article 111 1 the carrier can not rely on limitation of his liability, to the extent that the damage arose from his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
2 null and void any clause, which is moving away from this article.

Article 112 void any before it to happen to the traveler accident, or before the loss or damage to hand luggage or luggage adopted as vessel or ship and the business on board thereof, created circumstances where the carrier pursuant to articles 105 and 106 on the oppressive liability or burden is reduced otherwise than in this Department.

Article 113 1 In case of loss of or damage to hand baggage, the claim for damages valued to the circumstances.
2 In case of injury to the passenger happened to and of the death of the passenger, articles 107 and 108 of book 6 do not apply to the progress made by the other party of another carrier against carrier as the latter set.

Without prejudice to article 107 article 114 1 and without prejudice to article 179 of book 6, the traveller is liable for damage caused by his act or omission, or by his hand luggage or a vehicle or ship and adopted as baggage on board the Affairs thereof.
2 by way of derogation from the first paragraph, the traveller shall not be liable, to the extent that the damage is caused by a circumstance that a traveler could not avoid carefully and as far as the consequences of such a traveller not reasonably prevent.
3 quality or a lack of his hand luggage, or a vessel or ship and adopted as baggage on board the business thereof, is classed as a circumstance that a traveller is carefully can avoid the consequences which such a traveller reasonably prevent.
4 the damage is deemed to be the by the carrier to its reasonable opinion amount to be determined, but if the carrier believes that the damage amounts to more than € 227 he must prove this.

Article 115 Need this Division in the importance of a good implementation conditions, then this shall be in order in Council.

Article 116 Is the carrier, its counterpart, the traveller or a subordinate of these outdoor agreement addressed, then articles 361 to 366 and 1081 shall apply mutatis mutandis.

Article 116a the administrator of railway infrastructure and another railway undertaking the same railway infrastructure used, may rely on the articles 365 and 366 on the same footing as subordinates referred to this.

Section 6. Agreement of the combined transport of persons Article 120 combined transport of persons agreement is the agreement of carriage with the carrier (combined carrier) is at one and the same agreement directs that it partly by sea, inland waterway, road, railways, by air or by means of any other transport technique will come to pass.

Article 121 to a contract of the combined transport of persons apply to each part of the transport rules on that part.
II. Law of title 3. The sea-going vessel and the business on board section 1 thereof. Shipping company sea-going vessel travel Article 160 1 if a sea-going vessel according to the public records referred to in section 2 of title 1 of book 3 belongs to two or more persons jointly, between them a shipping company. When the owners of the ship under a common name action exists only a shipping company, if expressly agreed and this Act is act in those registers.
2 the shipping company is not a legal person.

Article 161 Every co-owner shall be automatically member of the shipping company. When a member ceases to be owner, ends his membership as of right.

Article 162 members of the shipping company should act towards one another behave according to that which is sought by the reasonableness and fairness.

Article 163 In every company can be appointed an accountant. A company to accountant can be named.

Article 164 The book holder can only with the consent of the members of the company proceed to any extraordinary repair of the ship or the appointment or dismissal of a captain.

Article 165 the accountant gives to each Member of the shipping company on his desire knowledge and opening of all matters concerning the company and inspect any books, letters and documents, on his management-related.

Article 166 the accountant is required, so often a possible existing use this requires, but in any event over a year and at the end of his management, within six months to the members of the company responsible of its management with the presentation of all evidence relevant. He is obliged to pay out to each his due.

Article 167 every Member of the shipping company is obligatory the presentation of accounts by the accountant within three months to record and close.

Article 168 the approval of the accounts presented by the majority of the members of the company binds only them, who have collaborated, except that they also have a member that binds to the accounts has not collaborated, when this member fails to dispute the accounts presented in court within one year after he has been able to take knowledge thereof and after the approval by the majority was notified him in writing.

Article 169


Relation of the book holder ends, if a provisional administrator is appointed over him, he has been placed under guardianship, to the point of insanity in an old people's home was posted, has been declared bankrupt or if the debt restructuring arrangement with regard to him natural persons is explained.

Article 170 1 Is the accountant member of the shipping company, then he has, if the members are related do end up or have given him an urgent reason for its part on the basis of which it makes the relationship does end up, have the right to ask that its share is taken over by the other members against such a price as experts, at the time when he the purchase calls for worth, will see fit. He has this right not, if he has an urgent reason to the members of the company given under which they terminate the relationship.
2 he must of his desire to purchase announced to the members of the company within a month, after his tenure ended. When not within a month to his desire is fulfilled or if not within two weeks after inheriting his share to him the specific price is met, the Court may on a request made by the accountant within two months recommended that the ship is sold. The method of sale is determined by the Court.
3 by all of them belonging to the purchase obligation, the acquired share a portion, obtained proportional to its share of the ship.

Article 171 1 all decisions, the Affairs of the company, be taken by a majority of the members of the shipping company.
2 the smallest share confers one vote; any larger share as many votes as the number of times, that in this share the smallest understood.
3 decide to a. appointment of an accountant who is not a member of the shipping company, b. extending the competence of the book holder outside the boundaries drawn by article 178, paragraph 1 (c). the conclusion, for more than six months, of a bareboat charter, a time chartering or an agreement, as referred to in article 531 or article 991, d. dissolution of the company during the course of an agreement to transport , of a contract to which the ship at the disposal of another, or from an on-site fishing travel undertaken, require unanimity.

Article 171 article 172 On shipping companies seagoing fishing vessels third member (a) is not applicable.

Article 173 If as a result of strike of votes to prevent the operation of the ship, the Court may, within two months, on a request made by a member of the company recommended that the ship is sold. The method of sale is determined by the Court.

Article 174 1 If is decided about any extraordinary repair of the ship, on appointment or dismissal of the master, or about entering into a contract of carriage where the ship at the disposal of another, each Member of the company, that the decision has not collaborated or voted against it, desire that those who voted before the decision , take over its share against such a price, as experts, at the time when he will deem worth the purchase desire,. He must of his desire to purchase announced to the book holder or, in the absence of a book holder is, to them, which voorstemden, within one month after the decision notified in due course. When not within a month to his desire is fulfilled or if not within two weeks after inheriting his share to him the specific price is met, the Court may, within two months, on a request made by the Member of the company recommended that the ship is sold. The method of sale is determined by the Court.
2 by all of them belonging to the purchase obligation, the acquired share a portion, obtained proportional to its share of the ship.

Article 175 [expired per 19-07-2006] article 176 members of the shipping company must in proportion to their share to contribute to the expenses of the shipping company, to which bevoegdelijk is decided.

Article 177 members of the company share in the profits and losses in proportion to their share in the ship.

Article 178 1 Is appointed an accountant, then he is, without prejudice to article 360 first member and to the exclusion of any member of the company, in all the normal operation of the ship shall have jurisdiction for the shipping company to act with third parties and to represent the company.
(2) if the shipping company is registered in the commercial register may be restrictions of the jurisdiction of the accountant to third parties, who were unaware, unless this constraints, no right shall be prejudiced in that registry. The company is not registered in the trade register, then restrictions on the jurisdiction of the accountant shall, when their only to third parties that were known.
3 the accountant has all the obligations, which the law imposes on the owner.

Article 179 if the shipping company is registered in the trade register, the appointment of an accountant or terminating his regard to third parties, who were unaware, not be invoked so long not registration in the trade register has taken place. The company is not registered in the trade register the appointment of an accountant or terminating his right shall be prejudiced in respect to third parties only when this their was known.

Article 180 1 if there is no accountant, as well as in case of the absence or prevented by the accountant, the shipping company represented and can be acted for her by one or more of its members, provided that alone or jointly owners being of more than half of the ship.
2 In the cases referred to in the first paragraph can acts, which no urgent, if necessary by each Member are carried out independently and each Member is responsible for the company's birthday.

Article 181 For the commitments of the company are its members liable, each in proportion to his share in the ship.

Article 182 the shipping company is not dissolved by the death of a its members nor by his bankruptcy, applying explaining the debt restructuring arrangement natural persons, placement in respect of insanity in an old people's home or placement under receivership.

Article 183 the membership of the shipping company can not be terminated; nor can a member of the membership of the shipping company be revoked.

Article 184 If for dissolution of the shipping company is decided, should the ship be sold. If, within two months after the decision the ship has not yet been sold, the Court may, within two months, on a request made by a member of the shipping company, recommend to this sale. The method of sale is determined by the Court. A decision to sale or pursuant to article 170, article 174 article 173 or given order for sale of the ship is equivalent to a decision on dissolution of the shipping company.

Article 185 1 after dissolution the company continues to exist as far as this to her settlement is needed.
2 The book holder, so that there is, is with the settlement charge.

Article 186 void any provision derogating from articles 161-163, 169, 170, 178 paragraph 3, first and second paragraph 180, 182 and 183.

Section 2. Rights on sea-going vessels Article 190 1 In sections 2 to 5 of title 3 are under ships include ships under construction. Under owner is defined as the owner of a sea-going vessel under construction.
(2) If a ship under construction a ship within the meaning of article 1, is not a new ship.

Article 191 In this section the public records means the public registers referred to in section 2 of Title 1 of book 3.

Article 192 obligations imposed to the shipowner in this section rest, if the ship belongs to more people, to a general partnership, a limited partnership or a legal person, also on each co-owner, managing partner or Director.

Article 193 [expired per 01-09-2005] article 194 1 Registration is only possible-of a sea-going vessel under construction being: if its in Netherlands is under construction;
-a completed sea-going vessel: in the case of a Dutch ship within the meaning of article 311 of the commercial code or in the case of a sea-going fishing vessel is: if it has been entered in a register maintained under article 3 of the Fisheries Act 1963.
2 Registration is not possible from a sea-going ship that already teboekstaat in the public registers, either as sea-going vessel or barge, or in any similar foreign registry.
3 by way of derogation from the second paragraph is of a sea-going vessel that registration in a foreign registry teboekstaat possible, when this ship, after the registration in that register is deleted, a Dutch ship within the meaning of article 311 of the commercial code or when this ship as seagoing fishing vessel is registered in a register maintained under article 3 of the Fisheries Act 1963. However, this registry has legal effect within 30 days, when it is followed by annotation in the public records, that the registration in the foreign registry is deleted, or when, in the event that the keeper of a foreign registry despite written request addressed to him deleting refuses, of this request and by the fact that there is no consequence to is given, note in the public records.

4 The registration is requested by the owner of the sea-going vessel. He must submit a declaration signed by him for entry to the best of his that know the ship for registration as sea-going vessel. In the case of a request for registration as sea-going vessel under construction, this statement shall be accompanied by proof that the ship is under construction in Netherlands. In the case of a request for registration as sea-going vessel, not being a sea-going vessel under construction or a sea-going fishing vessel,, this statement accompanied by a by or on behalf of Our Minister of transport issued statement as referred to in article 311a, first paragraph, of the commercial code. In the case of an application for registration as a sea-going fishing vessel, this statement shall be accompanied by proof that the ship is registered in a 1963 held pursuant to article 3 of the fisheries law registry.
5 The registration in the public registers has no legal effect, when the requirements of the preceding paragraphs of this article have not been met.
6 when request for registration is living place chosen in Netherlands. This residence is in the application for registration and residence by another in Netherlands can be replaced.

The registry shall only be struck through (a) article 195 1. at the request of the party, which is listed in public records as owner;
b. at the instance of the owner or on its own initiative 1 °. If the ship is wrecked, scrapped or permanently unfit for driving;
2 °. as of the ship for 6 months after the last exit or the day to which the last received messages, no tidings has arrived, without this to a general failure in the news coverage can be known;
3 °. If the ship by robbers or enemies is taken;
4 °. If the ship, if it is not in the public registers would be a barge to book, within the meaning of article 3 or article 780;
5 °. If the ship is not or no longer has the status of Dutch ship or not or no longer is enrolled in a 1963 held pursuant to article 3 of the fisheries law registry. Ex officio cancellation because of the loss of the capacity of Dutch ship shall take place only after receipt of a communication from the revocation of a declaration as referred to in article 311a, first paragraph, of the commercial code. When the ship has lost the status of Dutch ship by allocation after an execution outside Netherlands, or the registration of the ship in a 1963 held pursuant to article 3 of the fisheries law registry is removed from the register, deleting only place, when either the owner, those of whose right from a tender and the batter fathers have had an opportunity to assert their rights on the yield and the opportunity is given to them in fact either these people their permission to grant or the pull-through their claims are met.
2 In the cases referred to in paragraph (b) is the owner to make registration required within three months of the reason for deletion has occurred.
3 where the ship registration or provisional notes in favour of third parties exist, is deleting only, when neither third parties opposed this.
4 pull-through shall be made only after authorisation given at the request of the most diligent party by the judge.

Article 196 1 as long as the registration in the public registers is not struck out of a sea-going ship registry has in a foreign registry or establishment abroad of rights thereto, for establishment in which Netherlands entry in the public registers would have been required, no legal effect.
2 by way of derogation from the first paragraph, one registration or establishment of rights as there meant recognized, when this came to pass under condition of cancellation of the registration in the public records within 30 days after the registration of the vessel in the foreign registry.

Article 197 the only property rights, of which a sea-going vessel teboekstaand in the public registers the object may be, are the property, the mortgage, the usufruct and article 217 paragraph in article 211 and privileges referred to in point (b).

Article 198 [expired per 01-01-1992] article 199 1 A teboekstaand sea-going vessel in the public registers is a registered property.
2 for the purposes of article 301 of book 3 in respect of acts up on the foot of article 89 members 1 and 4 of book 3 are intended for the supply of such sea-going vessel, the said article referred to in the first ruling of the Dutch court not be registered, as long as they don't force of res judicata.

Article 200 [expired per 01-01-1992] article 201 Property, mortgage and usufruct on a sea-going vessel by a possessor in good faith teboekstaand obtained by a continuous possession of five years.

Without prejudice to the provisions of article 260 article 202, paragraph 1, of book 3 is in the notarial deed which mortgage is granted on a sea-going vessel or teboekstaand on a right to which such a ship is subject to the mortgage, clearly the subject vessel.

Article 203 subject to deviating from public records, sheet, includes the mortgage terms the matters which, by virtue of their destination are connected permanently with the ship and belonging to the owner of the ship. Article 266 of book 3 is not applicable.

Article 204 The mortgage-backed claim takes rank after the claims, 210, 211, referred to in articles 221, 222, 831 and 832 paragraph paragraph 1, but before all other claims, which involves this or any other Act a privilege is granted.

Article 205 if the claim bears interest, the mortgage as security for the interests of fellow principal, expired, during the three years prior to the beginning of the eviction and during the course of this. Article 263 of book 3 is not applicable.

Article 206 On mortgage on a share in a sea-going vessel is 177 article teboekstaand of book 3 are not applicable; the mortgage will remain in place after the disposition or allocation of the ship.

The first two paragraphs of article 264 article 207 1 of book 3 in the event of a mortgage to which a teboekstaand sea-going vessel is subject, also apply to, including chartering.
2 The articles 234 and 261 of book 3 are in such a mortgage does not apply.

Article 208 In case of usufruct on a sea-going vessel, the provisions of article 217 of teboekstaand book 3 also apply to chartering in so far as such provisions do not by their nature only on lease, rental of office space or rental of housing.

Section 3. Privileges on sea-going vessels Article 210 1 In case of recovery of a sea-going vessel, the cost of recovery, the cost of monitoring during this recovery or sales, as well as the costs of judicial rank control and distribution of the proceeds among the creditors from the proceeds of the sale met above all other claims, which involves this or any other Act a privilege is granted.
2 In case of sale of a stranded or sunken vessel, onttakeld, that the Government is in the public interest has to do clean up, the cost of the wreck clearance from the proceeds of the sale met above all other claims, which involves this or any other Act a privilege is granted.
3 The claims referred to in the previous paragraphs are in rank is equivalent and ponds-pondsgewijs paid.

Article 292 Article 210a of book 3 and article 60, paragraph 2, first sentence, third paragraph and paragraph 4, third to fifth and 299b, Member, of the Bankruptcy Act do not apply to sea-going vessels.

Article 211 over any other claim which involves this or any other Act a privilege is granted, subject to article 210, on a sea-going ship privileged: a. in the event of seizure: the progress made in respect of costs after the batter to preserve the ship, including the cost of reparations, which were indispensable for the preservation of the ship;
b. the claims arose from the sea-employment contracts, with the exception that the claims in respect of wages, salaries or rewards are only privileged to an amount owed over a twelve month period;
c. the claims in respect of assistance as well as with regard to the contribution of the ship in avarij-grosse;
d. the claims in respect of port charges and measures in relation to a ship which were necessary to ensure the safety of the port or of third parties, on the understanding that this privilege is void because the ship a new journey begins.

Article 212 where a claim is privileged under article 211, the securities regulation and the cost in order to obtain an enforceable title being equally privileged.

Article 213 1 the privileged claims, referred to in article 211, take rank in the order in which they are ranked.
2 privileged claims under the same letter mentioned, are in rank is equivalent, but the claims referred to in article 211 (c) rank among themselves to take the reverse order of the dates on which they were created.
3 In grade equivalent receivables are ponds-pondsgewijs paid.

Article 214 the privileges referred to in article 211, extend to a. all matters, which, by virtue of their destination are connected permanently with the ship and belonging to the owner of the ship;

(b) the compensation payable for the loss of the ship or for unrepaired damage, including that part of a reward for aid, a reward or a fee for ING in avarij-grosse, opposite such loss or damage. This shall also apply if this damages or claims for reward are transferred or with Lien are loaded. This, however, does not include compensation fees which are due under a contract of insurance of the vessel, which provides cover against the risk of loss or avarij. Article 283 of book 3 is not applicable.

Article 215 1 a for The creditor, who are entitled to on the basis of article 211, continues his right on the ship, in whose hands this also approximate.
2 for rights referred to in article 211 may be entered in the public registers referred to in section 2 of Title 1 of book 3. Article 24, paragraph 1 of book 3 is not applicable.

Article 216 claims referred to in article 211, parts a and c, do a privilege on the ship arise and then it recoverable, even if they were created during the posting of the ship to a freight broker, or during the operation of the ship by a person other than the owner, unless this the actual power over the ship by an unauthorized act was taken away and Moreover, the creditor was not in good faith. The claims referred to in article 211 (b) do a privilege on the ship arise and then it recoverable, regardless of whether the owner is the employer of the seafarer.

Article 217 1 over any other claim, which involves this or any other Act a privilege is granted, but after the privileged claims referred to in article 211, after the mortgage claims, after the claims referred to in articles 222 and 832 and after the claim of the pledgee, are on a sea-going ship, including for the purpose of this article is not to mean a sea-going vessel under construction recoverable, as a matter of priority: a. claims arising from legal transactions, which the shipowner or bareboat charterer bind and directly intended to bring or keep in the company of the ship, as well as the progress made against a under article 462 461 read with article or article article 943 944 as carrier identified person with read can be made applicable. Under Act here is the receipt of a statement;
b. the claims, pursuant to section 1 of title 6 on the shipowner;
c. the claims referred to in article 752 in so far as it resting on the shipowner.
2 The claims referred to in the first paragraph are in rank is equivalent and ponds-pondsgewijs paid.
3 articles 212, 216 214 (a) and on the progress in the first paragraph shall apply. On the progress made in the first paragraph under (b), is also article 215 shall apply.
4. Article 283 of book 3 is not applicable.

After the claims referred to in article 217 article 218 the claims referred to in articles 284 and 285 of book 3, as far as they are not based on any other article of this title, on a sea-going ship priority recoverable.

Rights conferred under this section for The article 219 1 offset by go expiry of one year, unless the creditor has his judicial proceedings to enforce the right. This period starts with the start of the day following that on which the claim is payable. With respect to the claim for help wage starts this term, however, with the start of the day following that on which the assistance is terminated.
2 the privilege is extinguished with the claim.
3 In case of enforceable sales go the privileges fellow reserve from the time at which the minutes of distribution is closed.

Section 4. For rights to business on board seagoing vessels Article 220 this section applies subject to title 15.

Article 221 1 In case of recovery of business on board a sea-going vessel, the cost of recovery, the cost of monitoring during this recovery, as well as the costs of judicial rank control and distribution of the proceeds among the creditors, from the proceeds of the sale met above all other claims, which involves this or any other Act a privilege is granted.
2 The claims are referred to in the first paragraph shall be equal in rank and ponds-pondsgewijs paid.

Article 222 1 On business on board a sea-going ship the claims in respect of assistance and of a contribution of that matters in avarij-grosse privileged. These claims take rank after those which appear in articles 210, 211, 221, 820, 821 and 831, but before all other claims, which involves this or any other Act a privilege is granted.
2 on at transport retrieved cases are privileged the claims arising from a contract of carriage with respect to that business closed or article 488 or article 951 arising, only to the extent to the carrier article by article 489 954 or a right to the business. These claims take rank after those which appear in the first paragraph and in articles 204 and 794, but before all other claims, which involves this or any other Act a privilege is granted.

Article 222 article 223 where an action under privileged, the securities regulation and the cost in order to obtain an enforceable title being equally privileged.

Article 224 1 progress in respect of aid or contribution in avarij-grosse, who privileged on the basis of article 211 article 222, first paragraph, article or article 821 832 first member, take mutual rank to the reverse order of the dates on which they were created.
2 the privileged claims in the second paragraph of article 222 quoted in rank is equivalent.
3 The claim referred to in article 284 of Book 3 takes rank after the claims referred to in the previous paragraphs, regardless of when that right arose.
4 In grade equivalent receivables are ponds-pondsgewijs paid.

Article 225 the privileges referred to in article 222, extend to compensation payable for loss or unrepaired damage, including that part of a reward for aid, a reward or a fee for ING in avarij-grosse, opposite such loss or damage. This shall also apply if this damages or claims for reward are transferred or with Lien are loaded. This, however, does not include compensation fees, which are due under a contract of insurance which provides cover against the risk of loss or avarij. Article 283 of book 3 is not applicable.

Claims referred to in article 222 article 226 do a privilege on the issues listed there and then thereupon at priority recoverable, even though their owner at the time, that the privilege originated, not the debtor of these claims.

Article 227 1 with the delivery of the goods to the owner, except in the case referred to in article 222 article 559, privileges. They will also be extinguished with the advancement and, in case of sale not timely resistance to do against the allocation of the purchase price as well as by judicial order.
2 they continue to exist, as long as the business pursuant to articles 955 or 574 are stored or 490, under article 626 or article 636 of the code of civil procedure is complete.

Article 228 the seller of fuel for the machines, of boiler water, food or supplies it can put it in section 8 of title 1 of book 7 right granted for only 48 hours after the end of the delivery but this also if the goods are situated in the hands of the owner, charterer or a time charterer of the vessel.

Section 5. Final provisions article 230 1 sections 2 to 4 of title 3 do not apply to sea-going vessels, which belong to the Empire or any public body and intended exclusively for the exercise of public power or a. b. non-commercial public service.
2 The decision declaring the destination referred to in the first paragraph is fixed, can be registered in the public records referred to in section 2 of Title 1 of book 3. Article 24, paragraph 1 of book 3 shall not apply;
3 The registration authorizes the Registrar to cancellation of the registration of the ship in the public registers referred to in section 2 of title 1 of book 3.

Article 231, those in sections 2 to 5 of title 3 regular topics in the importance of proper implementation of the law conditions, then it shall do so by or pursuant to order in Council, without prejudice to the possibility to control under the Kadasterwet.

Title 4. Crew of a sea-going ship section 2. Captain Article 260 1 the captain is entitled to perform legal acts, which stretch directly to bring the ship in company or keep. Under Act here is the receipt of a statement understood.
2 the captain is authorized to issue bills of lading for business, which transport have been received and adopted and passage notes for with the ship to transport travelers. He is also responsible on behalf of the shipowner and the rightholders on the business on board the ship to close an agreement on aid as well as to help to collect wages or the special allowance.

Article 261


1 the captain is mandatory for the interests of shippers and of the copyright holders on the on board matters, if possible also after discharge thereof, to guard and the measures, which are necessary for that purpose, to take.
2 if it is necessary to represent these interests without delay to perform legal acts, is the master duly authorised. Under Act here is the receipt of a statement understood.
3 as far as possible he's special for fall immediately gives knowledge to the stakeholders of the goods in question and he acts in consultation with them and according to their orders.

Article 262 1 limitations of the legal power of the captain apply against third parties only when that their known are made.
2 the master directs itself only then, when he exceeds the limits of his jurisdiction.

Title 5. Operation section 1. General provisions article 360 1 The owner is besides a bareboat charterer with this joint and several liability from a binding legal act, the latter directly extends to the keep in company or of the ship. Under Act here is the receipt of a statement understood.
2 the first paragraph shall not apply if the party, with which the legal act is carried out, known listed there was created that the bareboat charterer not is able to bind the shipowner or third knew, or not requiring research needed to know, that the target referred to in the first paragraph was exceeded.
3 the first paragraph shall not apply as regards transport agreements, agreements to work with the crew and agreements as referred to in section 4 of title 5 or section 4 of title 10.
4 the first paragraph shall not apply where the owner the actual power over the ship by an unauthorized act was taken away and Moreover, the creditor was not in good faith.
5 he that pilotage dues, channel or port charges or other shipping rights does for the benefit of the shipowner, charterer, time charterer or the master or any other debtor thereof, shall be legally subrogated in the rights of the creditor of these claims.

Article 361 1 under "operating agreements" means: the chartering of the ship and the contracts for the carriage of goods or persons with the ship.
2 under "chain of exploitation agreements" refers to: the operating agreements arranged: a. with regard to chartering: starting with a possibly contracted bareboat charter and then in the order in which the charterers have their power over the ship to distract from each other.
b. in the field of transport agreements, which no chartering are: starting with the contract of carriage entered into by a carrier, which have all or part of the ship, and ending up with the contract of carriage entered into between a carrier with the ship and its counterparty, which in turn again not carrier with the ship.
3 for the purposes of articles 361 to 366 is a traveler identified as a party to the contract of carriage concluded his respect.
4 be In articles 361 to 366 under damage also include non-delivery, partial or complete loss, impairment and delayed delivery and is under injury include delayed unloading.

Article 362 if a party to an operating agreement by her other party thereby concerning a by operating the ship damage outside agreement is addressed, then that other party they owe no further liability than they would be on the basis of the agreement concluded by them.

Article 363 if a party to an operating agreement in respect of a ship's damage outside in the operation contract is approached by another party to such an agreement, then she is opposite this no further liability than they would be if true they other party to the operating agreement, which is entered into by the party that appeals to her and those in the chain of exploitation agreements between it and the latter is.

Article 364 1 Is an owner or a charterer of a ship, or a carrier with a ship in respect of death or injury of a person or in respect of damage to a case, outdoor agreement addressed by someone who is not a party to an operating agreement, then he is liable to this no further than he would be in agreement.
2 Was related to the person or thing a transport agreement and the damage incurred in the period during which a carrier with the ship as such is liable for that, as agreement referred to in paragraph 1, the last in the chain of exploitation agreements relating to that individual or business.
3 Was the person or thing on board the ship under an agreement with a party to an operating agreement, but the previous paragraph is not applicable, then the agreement referred to as first agreement referred to in paragraph 1.
4 Was the person or thing outside agreement on board, a transport agreement as an agreement referred to in paragraph 1.
5 The liability referred to in paragraph 1, for the purposes of paragraphs 2 and 4 of a carrier, and for the purposes of paragraph 3 of the party.

Article 365 Is a claim as referred to in articles 362 to 364 outdoor set against a subordinate agreement of a party to an operating agreement and that party on the applicability of its liability for the conduct of the subordinate a defence against the plaintiff under the agreement whereby its liability in accordance with those articles is governed, then also the subordinate can invoke this defence , as if by himself in the agreement party.

Article 366 the total of the amounts recoverable from a third party, which is party to an operating agreement, and whether or not his subordinates, together with the amount recoverable from the other party is doing, that the claim referred to in articles 363 or 364 instituted and her subordinates, may, except in the case of damages arising from personal act or omission of the guy he was talking , committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result, not surpass the total, that, on the basis of the agreement relied upon by them is due.

Section 2. Agreement of carriage of goods by sea Article 370 1 the agreement of goods carriage within the meaning of this title is the contract of carriage of goods, whether or not time-or travel chartering, whereby one party (the carrier) in front of the other party (the sender) connects business exclusively on board a ship to transport by sea.
2 maritime and Inland Waterway Transport on board a ship and an equal, that both of these sails, as transport by sea waters considered unless it sail this ship by sea apparently subordinate to sailing on inland waterways, in which case this sail boating on inland waterways is considered.
3 transport by sea and inland waterways on board a ship, which is not self-propelled and these two waters Badri, is considered as transport by sea as far as, taking account also of the second paragraph of this article, sailing of the wave power transmitting ship as sail over sea is considered. As far as this is not the case, it is considered as transport on inland waterways.
4 this section shall not apply to agreements for the transport of postal items for the application of the universal postal service within the meaning of the postal law 2009 or under an international postal agreement. Subject to article 510 is this section not apply to agreements for the transport of luggage.

Amended Treaty article 371 1 Under this article means the Treaty of 25 August 1924 to establish some uniform in the Bill of lading (Trb. 1953, 109) including the provision in part 1 of the accompanying Protocol of signature, as that Treaty was amended by the Protocol signed in Brussels on 23 February 1968 (Trb. 1979 , 26) and as further amended by the Protocol signed in Brussels on 21 december 1979 (Trb. 1985, 122).
2 for the purposes of this article, the State party "means a State which is a party to the amended Treaty.
3 articles 1 to 9 of the amended Treaty be applied to any bill of lading, which relates to carriage of goods between ports in two different States, if: a. the Bill of lading is issued in a State party, or b. the transportation takes place from a port of a State party, or (c). the agreement, which is contained in the Bill of lading or it shows , provides that on that agreement applicable, the provisions of the amended Treaty or of any legislation, which declares that Treaty provisions in force or in other form or wording took over, regardless of the nationality of the ship, the carrier, the consignor, the consignee or any other person concerned.

Article 372 this section let the titles 7 and 12 of this book.

Article 373


1 Time or travel chartering in the meaning of this section is the agreement of goods transport, which the carrier undertakes to transport on board a ship, that he, other than by way of bareboat charter, in whole or in part and whether or not on time base (time chartering or travel chartering) makes available to the sender.
2 under "carrier" is mentioned in the first paragraph in this section the carrier, under "charterer" the sender.

The legal provisions regarding article 374, safekeeping and on loan are on posting of a ship, other than by way of bareboat charter, not applicable.

Article 375 1 At vervracht in advance of a transfer of ownership, whether or not teboekstaand, ship on a third follows this in all rights and obligations of the carrier, which however beside the new owner remains bound to the agreement.
2 rights and obligations, which have become due and payable before the transfer of ownership, going into the third.

Article 376 [expired per 01-01-1992] article 377 In this title is under contract of carriage under Bill of lading means the contract of carriage embodied in a bill of lading or any similar document that a title is for the carriage of goods by sea; Likewise there understand the contract of carriage embodied in a bill of lading or similar document referred to, that is issued pursuant to a charter party, from the moment in which this Bill of lading or similar document the relationship between the carrier and the holder of the Bill of lading governed.

Article 378 the carrier is obliged to receive transport to deliver business at destination in the State, in which he received them.

Without prejudice to article 378 379 article the carrier to transport obligated to transport receive business without delay.

Article 380 1 In case of time chartering is the carrier requires the captain to order within the limits set by the agreement to follow the orders of the charterer. The carrier guarantees, that the master fails to comply with the instructions given to him.
2 the shipper guarantees, that the ship the spots or places, where he in loading, discharge or otherwise on the basis of the first paragraph to go, can safely reach recommends, taking and leaving. If these spots or places do not seem to comply with these requirements, the charterer only so much not liable if the captain, by the given orders to follow him, acted unreasonably.
(3) without prejudice to article 461 is the freight broker Commission connected by and he can derive rights from a legal act, which the captain carried out pursuant to the first paragraph of this article. Under Act here is the receipt of a statement understood.

Article 381 1 under a contract of carriage under Bill of lading, the carrier is required before and at the start of the journey to use reasonable care for: (a) make the ship seaworthy;
b. the Manning, equipping and supplying the ship properly;
c. make and bring in good condition of the holds, refrigerating and freezer rooms and all other parts of the ship, in which cases are loaded, to mountains, to transport these in it and keeping well.
2 under Bill of lading under a contract of carriage the carrier shall, subject to articles 383, 388, 414 fourth member and 423, required the business properly and carefully load, handle, Stow, carry, keep to, to take care of and to fix.

Article 382 1 null and void any clause in a contract of carriage under Bill of lading, whereby the carrier or the ship is released from liability for loss of or damage to or in connection with matters arising out of negligence, fault or shortcoming in fulfilling the obligations in articles 399, 381, 411, 414, 492, 493 or first paragraph in article 1712 or allowing this liability should be reduced otherwise than in this section or in the articles 361 to and with 366. A clause, under which the benefit on the basis of a closed insurance to the carrier or any other clause of such scope, is classed as to have been created in order to exempt the carrier from liability.
2 Notwithstanding paragraph 1, if there is a clause, called valid if it concerns: (a) a lawful obligation regarding avarij-grosse;
(b) live animals;
c. business, which is actually on the deck be transported provided that they are specified in the Bill of lading as deck cargo.

Article 383 1 under a contract of carriage under Bill of lading is neither the carrier nor the ship be liable for any loss or damage, resulting or arising from onzeewaardigheid, unless it is due to lack of reasonable care on the part of the carrier to make the ship seaworthy, it's pretty to man, equip or supply, or bilges , cooling and freezing rooms and all other parts of the ship in which the goods are loaded, power use, and in good condition so that they can serve to the mountains, transport and storage of the business, all in accordance with the first paragraph of article 381. Whenever loss or damage has arisen from onzeewaardigheid, the burden of proof in respect of the employed are of reasonable care on the carrier or any other person that may claim to be relieved of liability pursuant to this article.
2 under a contract of carriage with or without Bill of lading is neither the carrier nor the ship be liable for any loss or damages caused or resulted from: a. an Act, negligence or negligence of the captain, another Member of the crew, the pilot or subordinates of the carrier, committed to the navigation or handling of the ship;
b. fire, unless caused by the personal fault of the carrier;
c. dangers, onheilen and accidents of the sea or other navigable waters;
d. a nature happen;
e. acts of war;
f. an act of enemies of the State;
g. measures from above or judicial detention or attachment;
h. measures taken by quarantine;
i. an act or omission of the shipper or owner of the business or of their agent or representative;
j. strikes or lockouts or stoppage or obstruction of labour, as a result of any cause, either partially or as a whole;
k. riot or civil disturbance;
l. rescue or attempted rescue of human life or property at sea;
m. loss of volume or weight or any other loss, or any other damage, arisen from the latent defect, the specific nature of the case;
n. insufficient packaging;
o. insufficient or defective notice;
p. hidden defects, which despite a reasonable care not to discover;
q. any other cause, not resulted from the fault of the carrier, or from personal negligence or other wrongful act or omission of his agents or subordinates; but the burden of proof on the party, which is the partial exemption claims, and it is for him to show that neither his personal fault, nor the negligence or fault of its agents or subordinates has contributed to the loss or damage.
3 under a contract of carriage under Bill of lading is the shipper is not liable for losses incurred by the carrier or the ship or harm, resulting or arising from any cause whatsoever, without that there is an Act, fault or neglect of him, from his agents or by his subordinates.
4 No deviation from the rate up to rescue or attempted rescue of human life or property at sea and no reasonable deviation from the rate is considered a breach of any contract of carriage and the carrier shall not be liable for any loss or damage as a result.
5 The State to demonstrate the sender smoking liability for loss or damage caused or resulted from the fault of the carrier himself or the fault of his subordinates, not consisting of an Act, negligence or negligence as referred to in paragraph (a).

Article 384 it allows the carrier to renounce in whole or in part, are free from the articles referred to in paragraph 1 of article 382 of 383, 388, 414 fourth from articles 423 rights and exemptions from liability or member or its resulting liabilities and obligations to enhance, provided that in the case of a contract of carriage under this Bill of lading distance or this increase reflected in the Bill of lading issued to the sender.

Article 385 notwithstanding the first paragraph of article 382 is a clause as there meant valid, when it concerns business, which by their nature or conditions justify a special agreement and whose transport must be carried out under circumstances or conditions, which justify a special agreement. However, certain it here but, if no Bill of lading for the carriage of these matters, but it is clear from his wording non-marketable document has been issued and it doesn't concerns a commercial cargo, shipped at the occasion of a commercial operation.

Article 386 notwithstanding the first paragraph of article 382, the carrier and the sender any clause in a contract of carriage free, any condition, any reservation or any exemption with respect to the obligations and liabilities of the carrier or the ship for the loss or damage occurred to the business or the regarding their custody, care or treatment in before loading and after unloading from the sea transporting ship.

Article 387


As far as the carrier is liable due to failure on him under articles 378 and 379, the sender has no obligations other than payment of the right in article 388 or in application of article 384 agreed amounts to be recovered.

Article 388 1 Unless the nature and value of business specified by the sender prior to their loading and this of contents in the Bill of lading has been issued, if this is included, is neither the carrier nor the ship in any way liable for any loss of or damage to the business or regarding this for an amount higher than the value of 666.67 units of account per package or unit , or for 2 units of account per kilogram of gross weight of the lost or damaged cases, where the highest of these amounts should be taken into account.
2 the total amount due is calculated taking into account the value which would have had the ten transport business as got as, at the time when and in the place where, they are delivered or they should have been delivered. The value specified in this paragraph shall be calculated to the rate on the commodity exchange or, when there is no such rate, to the current market value or, if this is missing, the normal value of goods of the same type and capacity.
(3) where a container, pallet or similar transport utensils are used to bring together business, each package or unit, which according to mention in the Bill of lading in that transport utensils are packed, considered as a package or unit as referred to in the first paragraph. Except in the case described above is regarded as a utensils this transport package or unit.
4 the unit of account mentioned in this article is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in the first paragraph are converted into Dutch money to the exchange rate of the day when the payment is made. The value of the Dutch money, expressed in special drawing rights, shall be calculated in accordance with the valuation method used by the International Monetary Fund on the day of conversion being applied for its own operations and transactions.
5 neither the carrier nor the ship may have liability with a job on this article or the fourth paragraph of Article 414 limit, when proven, that the damage arose from an act or omission of the carrier done with the intent to cause damage, or recklessly and with knowledge that damage would probably result.
6 by agreement between the carrier, master or agent of the carrier, on the one hand, and on the other hand, the sender, other maximum amounts than those referred to in the first paragraph, be determined, provided that those amounts in case of a contract of carriage under Bill of lading not be lower than the listed in the first paragraph.
7 neither the carrier nor the ship is in any way liable for any loss or damage of or to business or regarding this, if nature or value is specified by the sender intentionally false and, if a bill of lading is issued, in it wrongly.

Article 389 If relating to a case help wage, a contribution in avarij-grosse or damages under article 488 shall be payable, it is classified as a depreciation of that case.

Article 390 1 time or travel charterer is entitled to cancel the contract, when was notified to him by the carrier that the ship is not at the agreed place or time is or will be at his disposal.
2 he can only exercise this power by within a reasonable, no more than 48-hour, period after receipt of a notice as referred to in paragraph 1, in the fifth paragraph, the message.
3 if in the absence of the receipt of a notice as referred to in paragraph 1, the other the charterer is known, that the ship is not at his disposal at the agreed place or time is or can be, he is, without any notice is required, authorised to cancel the contract, but only within a reasonable, no more than 48-hour , term after him this known; equal power comes to him, if him upon receipt of a notice as referred to in paragraph 1, other known is, that the ship under other conditions than what the carrier brought to his notice, not at his disposal at the agreed place or time is or can be.
4 The time limit referred to in this article shall be suspended on those Saturdays, Sundays and local holidays, which at the offices of the charterer in the whole work is suspended.
5 the denunciation shall be effected by notice by telex or telegram or by any other urgent message, which the receipt clearly detectable and the agreement ends at the time of receipt.

Article 391 The consignor shall the carrier suffers the damage caused this because the agreed services, for any reason whatsoever, not at the agreed place and time at his disposal.

Article 392 1 Before business at the disposal of the carrier, the sender shall be entitled to use the agreement.
2 with the passage of time, within which the goods must be made available to the carrier, extended by the demurrage, for any reason whatsoever, no business at the disposal of the carrier, then this, without any notice is required, enter into the agreement.
3 Are at the expiry of the time referred to in the second paragraph, for any reason whatsoever, the agreed services only partially available to the carrier, then this, without any notice is required, shall be entitled to use the agreement to accept the travel.
(4) the termination shall be effected by notice by telex or telegram or by any other urgent message, which the receipt clearly detectable and the agreement ends at the time of receipt, but not before discharge of the goods.
5 subject to the third paragraph of Article 383 is the sender requires the carrier the damage caused this suffers as a result of the termination or of the acceptance of the trip.
6 this article shall not apply in case of time chartering.

Article 393 1 In case of travel chartering is the carrier by security for what he of the charterer has to be recovered, on his desire to accept the travel required with a portion of the agreed matters. The charterer is obliged to compensate the damage suffered as a result the carrier.
2 the carrier shall have the power in place of the missing business other. He is not kept the cargo, which he receives for the transport of these, with the freight broker to set it off, except in so far as he has for its part of the charterer to compensation for damage suffered by him has collected or advanced.

Article 394 1 The consignor shall the carrier about the business and processing them to do all those tasks in a timely manner, to which he is or ought to be, and which he knows or ought to know, that they are important for the carrier, unless he can assume that the carrier knows this information.
2 the carrier shall be entitled, but not obliged, to examine whether the specifications stated to him are correct and complete.
3 Is at the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever not supported or are only partially fulfilled the obligation referred to in paragraph 1 of this article of the sender, then, except in the case of time chartering, the second, third, fourth and fifth paragraph of article 392 shall apply mutatis mutandis.

Article 395 1 The consignor shall the carrier suffers because the damage caused this, from any cause whatsoever not properly present the documents and information that are required on the part of the sender for the transport or to comply with before the delivery of the goods to fulfill customs and other formalities.
2 the carrier shall be obliged to use reasonable care that the documents, which in his hands are not lost or mishandled. A relevant compensation will payable by him that payable under articles 387, 388 and 389 in case of loss of the goods.
3 the carrier shall not be obliged, but entitled, to examine whether the specifications stated to him are correct and complete.
4 Are at the expiry of the time within which the documents and information referred to in the first paragraph need to be present, this, from any cause whatsoever not present properly, then, except in the case of time chartering, the second, third, fourth and fifth paragraph of article 392 shall apply mutatis mutandis.

Article 396 1 When before or at the offer of the goods to the carrier conditions on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by telegram, message by telex or by any other urgent message, which the receipt clearly detectable and the agreement ends at the time of receipt.

3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 397 1 the sender is obliged to compensate the damage, which the carrier material, which he made available or things received in transport or processing them, harmed the carrier except to the extent such damage is caused by a circumstance that a sender of the ten transport carefully retrieved business has not been able to avoid and the consequences of which could not prevent such a sender.
2 this article shall be without prejudice to the third paragraph 383, 398 and 423 articles, as well as the provisions concerning avarij-grosse.

Article 398 1 In transport business, which received a carefully carrier, if he would have known that they could pose danger after their receipt, to this end, not at the transport would have wanted to receive, by him may at any time and at any place be unloaded, destroyed or otherwise rendered harmless. With regard to the transport business, which the carrier received the dangerousness has known, the same is true but only then when they immediately threatening danger. The carrier is in this respect no compensation and the sender is liable for all costs and damages for the carrier resulting from the offering for transport, transporting or from the action itself.
2 by establishing the measure referred to in the first paragraph ends the contract relating to the items listed there, but if it be unloaded first after this discharge. The carrier must inform the sender, the party to whom the goods are to be delivered and to be the same, to whom he possibly issued in accordance with the provisions of a bill of lading must send notice of arrival of the ship. This paragraph shall not apply in relation to matters that the carrier having taken the measure referred to in the first paragraph to their destination.
3 if business after termination of the agreement will in fact be delivered, is suspected, that they are at the time of termination of the agreement stood in the State, in which they actually have been delivered; they are not delivered, then is suspected, that they are at the time of termination of the agreement have been lost.
4 If the sender after actual delivery conveys a case not to her destination, the difference between the values in destination and on site of the episode, referred to in the second sentence of the second paragraph of article 388, classified as depreciation of that case. The sender conveys a case after the actual episode still to her destination, the cost, which he makes to this end, classified as depreciation of that case.
5 on the actual delivery is agreed upon between the parties as well as in this section concerning the delivery of certain business shall apply, on the understanding that this not actual delivery on the basis of the first sentence of the first indent, or on the basis of the second paragraph of article 484 the freight due does. The 490 and 491 articles shall apply mutatis mutandis.
6 this article shall be without prejudice to article 423, as well as the provisions concerning avarij-grosse.
7 null and void any clause, in which the first paragraph of this article.

Article 399 1 After the business received and to have adopted, the carrier must, the captain or agent of the carrier on desire of the sender to this issue a bill of lading, which shall specify: a. the business necessary for identification of the main brands, such as this one, for the loading of these matters is begun, in writing by the sender specified , provided that these marks are stamped or otherwise clearly are featured on the bulk business or on the boxes or packages, which include the business in such a way, that they are in normal conditions until the end of the journey will remain readable;
b. either the number of packages or the stuktal, or the quantity or weight, depending on circumstances, as this is specified by the sender in writing;
c. the externally visible state and condition of affairs;
provided that no carrier, master or agent of the carrier will be required in the Bill of lading marks, number, quantity or weight, or to call it which he has reasonable grounds to suspect, that they are not accurate in reality show or business he has received to the keys of which he is not a reasonable opportunity. The carrier is suspected to have had no reasonable opportunity the quantity and weight of paid-up or pumped to business keys.
2 if things are loaded, will the Bill of lading, that the carrier, master or agent of the carrier to the sender, if these issues so requires, the entry "loaded", provided that the sender, if he has received any advance on that, this document entitled business against the "loaded"-Bill of lading. The carrier, master or agent of the carrier has the right in the port of shipment on the originally issued document the name of the ship or the ships, on board which the cases were loaded, and the date or dates of shipment, in which case the said document supplemented, provided holding the details referred to in this article shall , as a "loaded"-Bill of lading is considered for the purposes of this article.

Article 410 where a contract of carriage has been concluded and in addition, a bill of lading has been issued, shall, subject to article 441 paragraph 2, second sentence, the legal relationship between the carrier and the shipper by the terms of the contract of carriage and not of this Bill of lading governed. Subject to the first paragraph in article 441 requirement of proprietorship of the Bill of lading, proof of their this then only up to the receipt of the goods by the carrier.

Article 411 the sender shall be deemed for the purposes of the carrier to ensure the accuracy at the time of the receipt of the indicated marks, number, quantity and weight, and the sender will indemnify the carrier for all losses, damages and costs, resulting from inaccuracies in the indication of the specifics. The right of the carrier to such indemnity limited in genes part liability and its commitments, as they result from the transport agreement towards any person other than the sender.

Article 412 1 the Bill of lading shall be dated and signed by the carrier and shall indicate the conditions under which the transport takes place, as well as the place and the person to whom the goods are to be delivered. This is, at the discretion of the sender, indicated either by name or other designation, either as order of the sender or of another, either as bearer.
2 the single words "to order" shall be deemed to indicate the order of the shipper.

Article 413 the Bill of lading is issued, unless the name is, in one or more copies. The negotiable copies, in which is stated how many of these copies have been issued at all, all for one and one for all. Not negotiable copies must be designated as such.

Article 414 1 rebuttal against the Bill of lading is not permitted, when it is transferred to a third party in good faith.
2 If the clause in the Bill of lading: "content, quality, quantity, weight or size unknown", or any other clause of such plans is included in the Bill of lading, bind such a common entries about the business the carrier shall not, unless he is proven, that the content or the nature of the business has known or should know or that things toegeteld him , toegewogen or allotted.
3 A Bill of lading, that externally visible state or condition of the case does not mention, also, provides proof to the contrary that towards a third party is possible, a presumption that the carrier that matter as far as appearance visible in good condition or conditions.
4 in the Bill of lading list referred to in article 388, paragraph 1, creates the absence of proof to the contrary a suspicion, but does not bind the carrier that her can dispute.

Article 415 1 references in the Bill of lading shall be deemed only those terms in it, that for the party, to which a job is done, clear.
2 such a job is only possible for him, that at the written request of the party against whom this job can be done or is being done, to these terms without delay to forward that has.
3 null and void any clause, in which the second paragraph of this article.

Article 416 A Bill of lading to order is delivered in accordance with the rules laid down in section 2 of Title 4 of book 3.

Article 417 delivery of the Bill of lading before delivery of the goods by the carrier shall be deemed to be delivery of that matters.

Article 418 the carrier is obliged to designate place of loading and discharge in a timely manner; in case of time chartering, however, is article 380 of application and in case of travel chartering Article 419.

Article 419 1 In case of travel chartering is the charterer obligates the place of loading and discharge to designate in a timely manner.
2 he must designate a usual place, immediately or within a reasonable time that is available, where the ship can safely come, lie, loading or unloading and from which it can safely leave.

3 when the charterer or charterers do not comply with this obligation, if there is more, not unanimous in the indication, is the carrier without any reminder is required required itself the place of loading or discharge.
4 If the shipper designates more than one place, the time needed for the stories and used loading or unloading times. The cost of stories are for his account.
5 the charterer guarantees, that the ship on the spot, he on the basis of the first paragraph in loading or unloading, loading or unloading, are safe, and from there can safely leave. If this place turns out not to comply with these requirements, the charterer only so much not liable as the master, to follow instructions, given to him by the unreasonable acted.

Article 420 When in case of travel chartering the charterer has the power to designate further loading or unloading port is 419 article shall apply mutatis mutandis.

421 article except in the case of affreightment is the carrier requires the business on board the ship loading and stowage.

Article 422 1 as far as the carrier is required to load, he is held in the agreed loading time doing it.
2 as far as the sender is required to load or stowage, he stands that this in the agreed loading time.
3 was no load time to be fixed, then the loading as fast as on the spot for a ship if the ship concerned usual or reasonable.
4 Defines the contract of carriage, but not demurrage the demurrage, then this time set at eight consecutive days or, if on the mooring place another number of reasonable or customary, on this number.
5 the legal provisions concerning penalty clauses do not apply to contract terms relating to demurrage.
6 debtors of demurrage and possibly compensation payable under paragraph 2 jointly and severally to pay them are connected.

Article 423 1 under a contract of carriage under Bill of lading may Affairs of flammable, explosive or dangerous nature, to the loading of which the carrier, the master or agent of the carrier would have given no permission, if he had known the nature or the condition thereof, at any time before the discharge by the carrier at any point be unloaded or destroyed or rendered harmless without compensation , and the sender of these matters is liable for all damages and expenses resulted, indirectly, or immediately or arising from loading.
(2) if under a contract of carriage under Bill of lading only case, referred to in the first paragraph, loaded with prior knowledge and consent of the carrier, is a danger to the ship or cargo, they should similarly be discharged by the carrier or destroyed or rendered harmless without any liability of the carrier, unless for avarij-grosse, if there are grounds for so doing.

Article 424 1 except in the case of time-travel or chartering the carrier began when, after loading, the ship perishes or is found to be damaged, that the ship recovery, necessary to implement the agreement, not worth it or that this recovery is not possible, within a reasonable time after discharge of the jurisdiction to terminate the agreement , provided that he does this as soon as possible.
2 it is suspected that the sinking or the damage to the ship is due to a circumstance, which shall be borne by the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
3 notify the carrier, if possible, the sender, the party to whom the goods are to be delivered and the party to whom he possibly issued in accordance with the provisions of a bill of lading must send notice of arrival of the ship.
4 the third, fourth and fifth paragraph of article 398 shall apply.

Article 425 1 In case of time or travel chartering, each of the parties, provided that they do this as soon as possible, shall be entitled to use the contract in whole or with respect to a portion of the business on to say, when the ship, without the sinking is found to be damaged in such a way, that the ship recovery, necessary to implement the agreement, not worth it or that this recovery is not possible within a reasonable time.
2 the journey the charterer in the first paragraph of this article granted him jurisdiction with regard to matters not already on Board received, if the carrier, as soon as reasonably possible was him, he has stated that these matters, albeit not in the freight ship, despite the termination of the agreement will be transported to their destination; such transport is suspected on the basis of the original agreement.
3 The termination shall be effected by notice by telex or telegram or by any other urgent message, which the receipt clearly detectable and the agreement ends at the time of receipt, but with regard to receive business already on board, first after discharge of that matters. A such telegram or message contained in a communication, that the carrier still matters, but not in the ship, freight will transport to their destination, holds in respect of the termination of the agreement in those cases.
4 with regard to receive business already at transport is suspected, that the damage to the ship is due to a circumstance, which shall be borne by the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
5 the third, fourth and fifth paragraph of article 398 shall apply provided that in the event of time chartering cargo remains due to at the time of the discharge of the business.

Article 426 1 In case of time or travel chartering terminates the agreement with the sinking of the ship. In the event of long tidings of unemployment is suspected, that the ship is sinking to 2400 hours Universal time of the day when the last message was received.
2 with regard to receive business already at transport is suspected, that the sinking of the ship is due to a circumstance, which shall be borne by the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
3 carries the carrier despite the sinking of the ship business already on board were received to their destination, in case of travel on the basis of this transport affreightment suspect the original agreement.
4 the carrier must inform the shipper as soon as this is possible.
5 the third, fourth and fifth paragraph of article 398 shall apply.

Article 440 1 the sender-or, if a bill of lading is issued, only the holder referred to in article 441 and then only on surrender of all negotiable copies of this Bill of lading-is competent, as far as it can reasonably comply with the carrier, received delivery of at transport business or, if a bill of lading is issued, of all matters contained therein jointly, before the arrival at destination place to desire the carrier, provided that he and the other stakeholders in the relevant load compensation. He is required to contribute in a avarij avarij-grosse-grosse, when the Act took place with a view to a circumstance, which already before the episode is proven.
2 he can not exercise this right, when by the premature episode the trip would be delayed.
3 business, which have been delivered pursuant to the first paragraph, be classified as goods delivered at destination and the provisions of this section concerning the delivery of business, as well as articles 490 and 491 are applicable.

Article 441 1 if a bill of lading is issued, only the regular holder thereof, unless he has become, not the lawful holder against the carrier under the Bill of lading the right delivery of the goods in accordance with the obligations of the carrier; Article 387 is applicable.
2 vis-à-vis the holder of the Bill of lading, which is not the sender was held under Bill of lading, the carrier and can he appeal to the clauses of this Bill of lading. Against any holder of the Bill of lading, he can from the Bill of lading clearly knowable rights to enforce payment. Vis-à-vis the holder of the Bill of lading, which was also the sender, the carrier also within the terms of the contract of carriage and on his personal relationship to the sender.

Article 442 1 Article 461 If several persons are to be regarded as a carrier under the Bill of lading are referred to in article 441 this towards the first Bill of lading holder jointly and severally.
2 In the case referred to in the first paragraph, each of the carriers shall be entitled from the Bill of lading Bill of lading holder to exercise rights vis-à-vis the sheet and this is done up to the carrier to any payable amount under the Bill of lading to one of them. Title 7 of book 3 is not applicable.

Article 460 of the holders of different copies of the same Bill of lading has he does best right, holding the copy, which after the common foreman, who was holder of all those copies, has become the first another holder in good faith and for consideration.

Article 461


(1) without prejudice to the other members of this article shall be regarded as a carrier under the Bill of lading the Bill of lading that he signed or for whom another this signed and he whose form for the Bill of lading.
(2) if the master or another for him the Bill of lading is signed, in addition to the one mentioned in the first paragraph, that time-travel or freight broker, which carrier is at the last agreement in the chain of exploitation agreements referred to in section 1 of title 5, as a carrier under the Bill of lading. If the ship in bareboat charter is published in addition to these any time-travel or freight broker also the last as a carrier under the Bill of lading bareboat charterer. The ship is not in bareboat charter is issued in addition to those listed here any time or travel as a carrier under the Bill of lading shipper also the shipowner.
3 by way of derogation from the preceding paragraphs, only the latest bareboat charterer or the owner, as a carrier under the Bill of lading the Bill of lading only if this bareboat charterer, the shipowner, explicitly designates respectively and, in the case of designation of the bareboat charterer, in addition, his identity from the Bill of lading clearly is.
4 this article is without prejudice to the second paragraph of article 262.
5 null and void any clause, which is moving away from this article.

Article 462 1 the first paragraph of article 461 finds no application if a person identified as a carrier under the Bill of lading there proves that he signed him that the Bill of lading for the limits of his jurisdiction exceeded or that the form without his permission. Nevertheless, a person referred to in paragraph 1 of article 461 as a carrier under the Bill of lading, if the holder of the Bill of lading proves that at the time of issuance of the Bill of lading, on the basis of a statement or conduct of him for who is signed or whose form is used, could be assumed that he was competent to do so signed or that the form was used with permission.
2 by way of derogation from the first paragraph, the shipping company as a carrier under the Bill of lading if her book holder by signing the Bill of lading exceeded the limits of his competence, but not tied to the first holder of the Bill of lading at the time of issue thereof knew that the book exceeded the limits of his power holder.
3 relying on the second paragraph of article 461 is possible even if the captain by signing the Bill of lading or by another the power to refer this to sign on his behalf, the limits of his jurisdiction, but such appeal is not open to the first holder of the Bill of lading at the time of issue thereof knew that the captain the limits of his jurisdiction.
4 the third member finds also apply if he signed the Bill of lading on behalf of the captain in the limits of his jurisdiction.

Article Is a carrier under article 461 to 480 1 more than that arising from his chartering is obligatory or he received less than to which he is entitled for that purpose, then he has-provided that the signing of the Bill of lading or the issuance of the form took place under the in certain, or at the request of the charterer-bear on this last story.
2 the same applies to a charterer pursuant to paragraph addressed, which in turn carrier is.

Article 481 1 the holder of the Bill of lading, which extends to receipt of the goods, is required, before it has received, the Bill of lading discharge and to the carrier.
2 he is entitled der issuing the Bill of lading as security in one, in the event of a dispute at the request of the most diligent party by the right, third bail until things are delivered.

Article 482 1 A by the carrier after the withdrawal of the Bill of lading issued document that entitles the holder thereof listed in that episode of Bill of lading, is related to this business with the Bill of lading. The Bill of lading is suspected of the document referred to here be part of it. He signed this document or for whom another this signed, nor he whose form was used, the bare fact of this signature or use as a carrier under the Bill of lading.
2 unless in documents referred to in the first paragraph provides otherwise, the holders jointly and severally connected for the commitments undertaken under the Bill of lading carried from the transport of the business for the holder of that Bill of lading.

Article 483 1 except in the case of affreightment is the carrier required to resolve the cases from the ship.
2 On the discharge of the 422 business takes article shall apply mutatis mutandis.

Article 484 1 the freight is payable after delivery of the goods at destination or on the spot, where the carrier delivered them with regard to the provisions of article 440. Is determined by weight or volume of the cargo business, then he is calculated for this information on delivery.
2 freight in one sum for all matters at destination is determined, even when only a portion of that matters is delivered, in his due in full.
3 subject to paragraph 5 of this article is for business, sold on the move because their beschadigdheid further transportation is not reasonably permitted, but not more than the freight due to the amount of their revenue.
4 Freight, which is forward to meet or met is, has been and continues to be-except in the case of time-in his due in full, even if the business not be delivered at destination.
5 items delivered In crappy condition be considered not to have been delivered. Business, which are not delivered, or that in crappy condition have been delivered, are nevertheless classified as goods in so far as it does not deliver in crappy condition or the result of the nature or a lack of business, or by an act or omission by a recipient or the sender or receiver of the goods.

Article 485 for cases by a crewman on own account in violation of legal ban be transported is the highest at the time of loading freight payable for similar matters could be stipulated. This freight is payable even if the business is not or in crappy condition at destination are delivered and the receiver is jointly and severally with the shipper for this cargo.

486 article subject to the last sentence of the fifth paragraph of article 425 is in case of time chartering cargo not be payable for the time, that the charterer not in accordance with the terms of the chartering the ship at his disposal has a. as a result of damage relating to its application, or b. by the carrier in the performance of its obligations falls short more than 24 consecutive hours, provided that the vessel is not available to the charterer.

Article 487 1 At time chartering, the fuel for the machinery, boiler water, the port rights and similar rights and expenses, payable as a result of travel and transporting business, carried out at the expense of the charterer. Other expenses of the operation of the ship shall be borne by the carrier.
2 the carrier shall be entitled and obliged itself at the end of the chartering on board fuel still of the charterer to take over at the market price at the time and of the date of delivery of the ship.

Without prejudice to article 488 of avarij-grosse certain and without prejudice to section 1 of Title 4 of book 6 are the sender, receiver and, if a bill of lading is issued, the holder thereof referred to in article 441, jointly and severally to reimburse the carrier connected the damage suffered by itself as agent became involved with the representation of the interests of a recipient to receive transport business or because the master are listed in article or article 261 860 obligations have been met.

Article 489 1 the carrier shall be entitled to issue business, which he linked to the transport agreement, refusing to everyone other than the contract of carriage is entitled to delivery of that matters unless batter is placed on the business and from the persecution of this attachment to the attaching party an obligation to issue results.
2 The carrier may exercise the right of retention on business, which he linked to the contract of carriage, for that which is owed by the recipient him or will be with regard to the transport of that business as well as for what as a contribution in avarij-grosse on that matters is owed or will be. This right of retention shall lapse as soon as the carrier is paid the amount on which no dispute exists and sufficient security has been lodged for the payment of those amounts, which have dispute or whose height cannot yet be determined.
3 The rights conferred in this article to the carrier are not allow him towards a third party, if he at the time that he received the case at transport, had cause to doubt the competence of the transport of the case against the third party sender to make available to him.

Article 490


1 as far as he who is entitled to delivery of the carrier transported towards business comes to mind, not to receive this or refuses this, not with the urgency as far as batter is placed on business, and if the carrier has reasonable grounds to believe, that a holder of a bill of lading which as receiver comes to mind, nevertheless, not to the episode entitled , the carrier may these matters for the account and risk of the owner at a third store in a suitable repository or lighter. At his request, the Court may provide that these matters be he in the ship, can keep itself under or other measures for that.
2 the third-party custodian and receiver are towards each other, as if the about the custody agreement entered into between them closed. The custodian, however, is not entitled to issue then after written consent of him who gave the goods in custody.

Article 491 1 In case of application of article 490, the custodian or the carrier may he who is entitled to the delivery to the carrier at his request, be authorised by the judge Affairs in whole or in part in the manner determined by this to sell.
2 The custodian is obliged the carrier as soon as possible of the proposed sale on; the carrier has to be the same, that this obligation towards towards him is entitled to the delivery of the goods, and to the party, to whom he possibly issued in accordance with the provisions of a bill of lading must send notice of arrival of the ship.
3 the proceeds of the sale is deposited in the consignment Office in so far as they are not intended to pay the costs of storage and sales as well as, within the limits of the reasonableness, of the costs incurred. Unless the herd is laid for a monetary claim, to the carrier from the amount to be determined in custody be met which is due to him in respect of transport, as well as a contribution in avarij-grosse; as far as these claims not yet fixed, the proceeds or portion thereof on the manner determined by right as security for these claims.
4 The revenue deposited in the consignment Office replaces the business.

Article 492 1 unless the carrier or his agent at the port of landing before or at the time of the removal of the business and their overgifte to the person pursuant to the contract of carriage on the episode entitled party written notice is given of losses or damage and the general nature of such loss or damages, creates this, until evidence to the contrary , the presumption that the goods have been delivered by the carrier in the State as defined in the contract of carriage.
2 the losses or damage not visible, then the notification within three days after the episode.
3 Written reservation is unnecessary if the State of the case at the time of the reception was jointly established by both parties.

Article 493 if there are security or suspicion, that there is loss or damage the carrier and the receiver each other over and over again in all reasonable resources to the investigation of the case and the tallying of the packages as possible.

Article 494 1 Both the carrier as he who is entitled to the delivery to the carrier, is responsible for the delivery of business the right to request a judicial inquiry to do towards the State in which they are delivered; they are also empowered to request the judge stood to do the harm or losses judicial budgeting.
2 If this research in the presence or after proper notice by the other party has taken place, report the suspect to be correct.

Article 495 1 Both the carrier as he who vis-à-vis the carrier is entitled to the episode, when he losses or impairing the right to request the competent business suspects, before, at or immediately after the delivery thereof and, if desired, on board the ship a judicial inquiry to do towards the cause.
2 If this research in the presence or after proper notice by the other party has taken place, report the suspect to be correct.

Article 496 1 the cost of judicial examination, as referred to in articles 494 and 495, have to be paid by the applicant.
2 the Court may these costs and damage incurred by the investigation in whole or in part at the expense of the other party of the applicant, even if thereby the amount specified in the first paragraph of article 388 are exceeded.

Section 3. Agreement of carriage Article 500 persons for the purposes of this section, the following definitions shall apply: a. Treaty: the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, as amended by the Protocol of 2002 (Trb. 2011, 110);
b. Regulation: Regulation (EC) 392/2009 of the European Parliament and of the Council of 23 april 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ EU L 131);
c. 2002 Protocol: Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974;
d. IMO guidelines: guidelines of the International Maritime Organisation (IMO) in respect of the implementation of the Athens Convention (IMO Circular letter No. 2 758 of 20 november 2006);
e. Agreement: the contract of passenger transport passenger transport, whether or not time-or travel chartering, whereby one party (the carrier) opposite the other party connects one or more persons on board a ship (passengers) and whether or not their luggage by sea transport. The contract of carriage as defined in article 100 is no contract of carriage within the meaning of this section. Transport by sea and inland waterways on board a ship, that both of these waters and the same Badri, by way of derogation from article 121 as transport by sea;
f. carrier means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually by that person or by a performing carrier is provided;
g. performing carrier: a person other than the carrier, being the owner, charterer or operator of a ship, who actually carried out the transport, in whole or in part;
h. carrier who actually performs the carriage, in whole or in part: the performing carrier, or, in so far as the carrier himself transport, the carrier;
i. Traveler: every person carried on a ship under an agreement of passenger transport and every person carried on a ship who, with the consent of the carrier, is accompanying a vehicle or live animal for which a contract of carriage of goods has been concluded;
j. ship: a seagoing ship, with the exception of air-cushion vessels;
k. baggage means any element or vehicle that passenger transport by the carrier under an agreement, with the exception of: 1 °. goods or vehicles that are transported under an agreement that mainly the transport of goods;
2 °. live animals;
l.
cabin luggage: the baggage in the cabin of the traveler, which is in his possession or under his care or supervision. Except for the purposes of article 504, seventh paragraph, 501 and article includes the cabin luggage the luggage which a traveller in or on his vehicle;
m. loss or damage to baggage: also includes damage resulting from the fact that the baggage does not within a reasonable period of time after the arrival of the ship on which the luggage is transported or had to be carried, to the traveler was delivered, but does not include delays resulting from labour disputes;
n. Our Minister: the Minister of infrastructure and environment.

Article 500a 1 this section shall apply to the contract of carriage in so far as not the regulation applies.
2 by way of derogation from the first paragraph to the contract are passenger transport which the regulation applies, the articles 509 to 512, 510, 514, 515 and 521 to 529k of this section.
3 by way of derogation from the first paragraph are on the contract for international carriage of passengers to which the Treaty nor the regulation applies, the articles 529 to 529k not apply.

Article 500b this section shall not apply to claims for damages resulting from a nuclear accident if the operator of a nuclear installation is liable for such damage: a. pursuant to the Paris Convention of 29 July 1960 on third party liability in the field of nuclear energy (Trb. 1961, 27), such as this Convention was amended by the Paris closed on 28 January 1964 to additional Protocol to this Convention (Trb. 1964 , 178); or (b). under another scheme on the liability for such damage, provided that such arrangement in relation to the persons who may suffer such damage, at least as favourable as the Treaty referred to in point (a).

Article 501 maritime transport includes:

a. as regards persons or their cabin luggage the time the traveler or cabin luggage are on board the ship will stay, the time of embarkation or disembarkation, as well as the time the traveler or his transported between the cracks or between ship and shore, if the price of this is included in the cargo or the ship used by the carrier for this help transport available to the traveler. Carriage of persons training does not time the traveller will stay in a station building, on a quay or any other port installation;
b. with regard to cabin luggage in addition, the time the traveller will stay in a station building, on a quay or any other port installation if that luggage has been taken over by the carrier and does not display to the traveler has been delivered;
c. with respect to baggage that no cabin luggage is the time between taking over by the carrier or on land, either on board and the delivery by the carrier.

Article 502 1 Time or travel chartering in the meaning of this section is the agreement of carriage with the carrier (the carrier) commits to transport on board a ship that he, other than by way of bareboat charter, in its entirety and whether or not on time base (time chartering or travel chartering) makes available to its counterparty (the shipper).
2 in section 2 of title 5, in particular, for the case of affreightment given provisions and article 375 on this Charter shall apply mutatis mutandis.

Article 503 legal provisions about rent, safekeeping and on loan are on provision of a ship transportation, other than by way of bareboat charter, not applicable.

Article 504 1 for the purposes of this article: a. is under shipping incident "means shipwreck, capsizing, collision or: beaches of the ship, explosion or fire in the ship, or defect in the ship;
b. includes fault or neglect of the carrier: the fault or neglect of the carrier's subordinates, acting within the framework of their employment;
c. the term failure of the ship means defective or not functioning or any non-compliance with applicable safety regulations of any part of the ship or its equipment when used for: 1 ° escape, evacuation, embarkation and disembarkation of passengers;
2 ° drive, steering, safe navigation, mooring or anchoring;
3 ° the arriving at or departing from a mooring or anchorage;
4 ° limit the damage after flooding of the ship; or 5 ° launching of the emergency equipment.
2 the liability of the carrier under this article concerns only the damage caused by incidents that have occurred during transport.
(3) if damage caused by death or injury of the passenger caused by a shipping incident, the carrier shall be liable to the in article 3, paragraph 1, of the Treaty amount, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol. However, the carrier shall not be liable if: a. the incident is the result of an act of war, hostilities, civil war, insurrection or a natural phenomenon of exceptional, inevitable and irresistible character, or;
b. whole is caused by an act or omission of a third party with the intent to cause the incident.
4 if and insofar as the damage referred to in the third paragraph the amount referred to in article 3 of the Treaty, the carrier shall further be liable to it in article 7, paragraph 1, of the Treaty amount, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol. The carrier is not liable if he proves that the incident which further the loss has caused not due to his fault or negligence.
5 if damage caused by death or injury of the passenger is not caused by a shipping incident, the carrier shall be liable if the incident which caused the loss to blame or the negligence of the carrier. The liability of the carrier is limited to article 7, paragraph 1, of the Treaty amount, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol.
6 by way of derogation from the third to the fifth paragraph, the carrier for damage caused by death or injury of the passenger as a result of one of the risks mentioned in paragraph 2.2 of the IMO guidelines no further liable than the lowest amount of the following amounts: a. 250 000 units of account per passenger, per incident; or b. 340 million units of account per ship, per incident.
7 The carrier shall be liable for damages resulting from loss of or damage to cabin luggage if the incident which caused the damage to the fault or neglect of the carrier. Fault or neglect of the carrier is adopted in case of a shipping incident. The liability of the carrier is limited to the in article 8, paragraph 1, of the Treaty amount, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol.
8 the carrier shall be liable for damage caused by loss of or damage to luggage other than cabin luggage unless the carrier proves that the incident which caused the damage not due to his fault or negligence. The liability of the carrier is limited to the in article 8, paragraphs 2 and 3, shall, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol.
9 the carrier and the passenger may agree that the liability of the carrier with, at most, the in article 8, paragraph 4, of the Treaty, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol, can be reduced in the case of damage to a vehicle and loss of or damage to other luggage.
10 carrier and traveller can expressly and in writing than higher liability referred to in this article.
11 the legal interest and costs are not included in the limits of liability provided for in this article.
12 this article is without prejudice to any right of recourse of the carrier against a third and any defence based on the negligence of a traveller on the basis of article 513.

Article 504a 1 if transport is carried out wholly or partly by a performing carrier, the carrier shall remain liable for the entire carriage according to the provisions of this section. In addition, the performing carrier shall be subject to the provisions of this section and may be joined as a party to these provisions professions for the portion of the transportation that he himself has done.
2 the carrier shall in relation to the transport carried out by the performing carrier be liable to the passenger for any damage by the acts and the failure of the actual carrier and of its servants, representatives or agents in the performance of their task.
3 each contract to which the carrier assumes obligations arising from this section or where the carrier waives rights arising from this section, it will be against the performing carrier only if agreed expressly and in writing this last there.
4 if and to the extent that both the carrier and the performing carrier are liable, they are jointly and severally.
5 this article shall be without prejudice to any right to story of the carrier and the performing carrier.

Article 1 referred to in article 504 504b liability limits are applied to the total sum of the compensation that can be obtained in the framework of all the liability claims for death or injury of a passenger, or for the loss of or damage to his luggage.
2 in the case of transport by a performing carrier, the total sum of the compensation that can be obtained from the carrier, the performing carrier, and their servants, representatives and agents who act in the performance of their task, not be higher than the highest compensation the carrier or the performing carrier under this section may be imposed. None of the persons mentioned in this paragraph may be liable for an amount that the limit of liability under this section applies, for him.
(3) If a subordinate, representative or agent of the carrier or of the performing carrier pursuant to article itself 504th can invoke the limits of liability provided for in article 504, the sum total of the compensation that can be obtained from the carrier or of the performing carrier and of the subordinate, representative or agent, does not exceed those limits.

Article 504c 1 the carrier can not rely on the limitation of liability referred to in article 504, if proven is that the damage resulted from an act or an omission by the carrier, with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

2 the subordinate, representative or agent of the carrier or of the performing carrier cannot rely on the limitation of liability referred to in the first paragraph if the damage results from an act or omission by those subordinate, representative or agent, with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 504d no claim for compensation for damage referred to in this section may be brought against the carrier or the performing carrier otherwise than in accordance with this section.

Article 504th If a legal claim against a subordinate, representative or agent of the carrier or of the performing carrier is set for compensation for damage to which this section applies, being subordinate, representative or agent, if he proves that he acted in the performance of his duties, call upon the defences and limits of liability which the carrier or the performing carrier under this section itself.

504f article this section let the titles 7 and 12 shall remain unaffected.

Article 505 [expired at 31-12-2012] article 506 [expired at 31-12-2012] article 507 the carrier shall not be liable for loss of or damage to money, negotiable documents, gold, silver, jewelry, jewelry, works of art or other valuables unless this valuable things to the carrier in its possession and he agreed to keep them in is security, in which case liability is limited to the amount referred to in article 504 , eighth paragraph, unless, in accordance with article 504, paragraph 10, by agreement between carrier and passenger a higher limit of liability was determined.

Article 508 [expired at 31-12-2012] without prejudice to article 179 Article 509 of book 6, the traveller is required the carrier to compensate damage that he or his baggage this harmed, except to the extent such damage is caused by a circumstance that a traveler could not avoid carefully and as far as the consequences of such a traveller not reasonably prevent. The traveler can not exempt themselves from its liability to rely on the quality or a lack of his luggage.

Article 510 1 without prejudice to the provisions of this section to the carriage of baggage articles 378, 387, 388, 389, paragraph 394, 395, 396, first and second paragraph 398, 488 to 491 and 493 496 to apply. Referred to in article 396 termination can also be made orally. The rights conferred in article 489 and the right to be granted in article 491 from the amount to be determined in custody of costs in respect of transport, may be exercised for everything the other party by the carrier or the passenger to the carrier owes.
2 parties have the freedom to depart from on their mutual relationship in the first paragraph applicable provisions stated.

Article 511 1 the traveler is obliged to notify the carrier in writing: a. in case of externally visible damage to baggage: (i). with regard to cabin luggage: before or at the time of disembarkation of the passenger;
(ii). as regards all other baggage: before or at the time of delivery;
b. in the case of non appearance visible damage to or loss of luggage: within 15 days after the start of the day following the day of disembarkation or episode or that on which the baggage should have been delivered.
2 If the passenger fails to in the first paragraph of this article defined obligation, is, the absence of proof to the contrary, suspect that he has received the luggage undamaged.
3 written notification is superfluous if the condition of the luggage at the time of delivery joint is fixed or inspected.

Article 512 the carrier shall not be obliged, but entitled to convince the nature or condition of the luggage, if he suspects that he, the nature or condition of the luggage brought by travellers on board, knowing this not on Board would have allowed. The carrier is obliged to do this research shall be carried out in the presence of the traveller or, if this is not possible, in the presence of two persons of whose help he in carrying out its commitment does not use.

Article 513 if the carrier proves that fault or neglect of the passenger caused damage or have contributed, the liability of the carrier for that totally or partially lifted.

Article 514 if persons of whose assistance the carrier in the implementation of its commitment, on request of the passenger service, to which the carrier is not required, they are deemed to act on behalf of the traveler to whom they prove these services.

Article 515 subject to article 516 the carrier who, other than by way of chartering, connected to transport according to a timetable, not liable for damage caused by delay, from any cause whatsoever before, during or after the transport has occurred.

Article 516 [expired at 31-12-2012] article 517 [expired at 31-12-2012] article 518 [expired at 31-12-2012] article 519 [expired at 31-12-2012] 520 1 void any Article before it to happen to the traveller incident or before the loss or damage to luggage created circumstances in which the information required by this Department on the carrier or performing carrier liability or burden is reduced pressure on other than in this section is provided.
2 the invalidity of a clause as referred to in paragraph 1 does not lead to the invalidity of the contract of carriage.

Article 521 1 In case of loss or damage to baggage is the claim for damages valued to the circumstances.
2 In case of injury to the passenger happened to and of the death of the passenger, articles 107 and 108 of book 6 do not apply to the progress made by the other party of another carrier against carrier as the latter set.

The other party article 522 of the carrier is obliged to compensate the damage he suffers because the traveller, from any cause whatsoever not timely transport.

The other party article 523 of the carrier is obliged to compensate the damage he suffers because the documents related to the traveler, who by her side for the transport are required, from any cause whatsoever not to belong.

Article 524 1 When before or during the transport conditions on the part of the other party by the carrier or the traveler or come forward, which the carrier at the time of conclusion of the agreement does not need to know, but which, if it had been him known, reasonably for him had brought the contract of carriage not ground or on other conditions to enter , the carrier shall be entitled to use the agreement and the traveler from the ship to remove.
2 denunciation shall be effected by an oral or written notice to the other party by the carrier or to the traveler and the agreement ends at the time of receipt of the first notification received.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 525 1 When before or during the transport conditions on the side of the carrier are gaining or come forward, that his counterpart at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions, the carrier shall be entitled to use the other party of this agreement.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 526 When the traveler after leaving the ship not timely return the carrier may consider the contract to be terminated at that time.

Article 527 1 the other party of the carrier is becoming empowered the agreement. She is obliged to compensate the damage the carrier, which as a result of the termination.
2 they may not exercise this right, if thereby the voyage of the ship would be delayed.
3 The termination shall be effected by a verbal or written notice and the agreement ends at the time of receipt.

Article 528 1 Is in respect of a transport passage ticket, a receipt for baggage or any similar document issued, then the carrier required in it clear his name and place of residence.
2 null and void any clause, in which the first paragraph of this article.
3 articles 56 paragraph 2, 186 75 first member and first member of Book 2 shall not apply.

Article 529


1 the carrier who, in whole or in part, in fact, passengers on board a ship in Netherlands to book standing that is licensed to carry more than 12 passengers, is a compulsory insurance or other financial security, such as a bank guarantee, in order to keep to cover the liability for damages arising from this section by death or injury of a passenger. The minimum amount of these compulsory insurance or other financial security shall be at least the in Article 4A, paragraph 1, of the Treaty amount, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol, per passenger per incident.
2 the carrier that, in whole or in part, in fact, passengers on board a ship in Netherlands to book standing that is licensed to carry more than 12 passengers, is a compulsory insurance or other financial security, such as a bank guarantee, in order to keep to cover the liability for damages arising from this section by death or injury of a passenger as a result of one of the risks listed in paragraph 2.2 of the IMO guidelines. The minimum amount of these compulsory insurance or other financial security shall be at least the lowest of the following amounts: – 250 000 units of account per passenger on each distinct incident, or – a total of 340 million units of account per ship on each distinct incident.
3 the carrier that, in whole or in part, in fact, passengers on board a ship that is licensed to carry more than 12 passengers and that is outside a Member State other than the Netherlands or Dutch flag, is obliged to, if the ship is a port or loading or unloading point in Netherlands or leaves, or a Dutch inland waters Badri , insurance or other financial security, such as a bank guarantee, in order to keep to cover the liability for damages arising from this section by death or injury of a passenger. The minimum amount of these compulsory insurance or other financial security shall be at least the in Article 4A, paragraph 1, of the Treaty amount, subject to modification by the special amendment procedure foreseen in article 23 of the Protocol, per passenger per incident.
4 the carrier that, in whole or in part, in fact, passengers on board a ship that is licensed to carry more than 12 passengers and that is outside a Member State other than the Netherlands or Dutch flag, is obliged to, if the ship is a port or loading or unloading point in Netherlands or leaves, or a Dutch inland waters Badri , insurance or other financial security, such as a bank guarantee, in order to keep to cover the liability for damages arising from this section by death or injury of a passenger as a result of one of the risks listed in paragraph 2.2 of the IMO guidelines. The minimum amount of these compulsory insurance or other financial security shall be at least the lowest of the following amounts: – 250 000 units of account per passenger on each distinct incident, or – a total of 340 million units of account per ship on each distinct incident.

The contract for the provision of article 529a financial security referred to in article 529, must comply with the following: a. the contract must have been entered into with an insurer, a bank or other financial institution or other person, from whom the Minister, after consultation with our Minister of finance, the financial capacity to provide coverage for liability from this section and the Treaty enough judges;
(b) the funds from the agreement shall, if the provider of financial security is established outside Netherlands Netherlands actually available;
c. from the agreement must show that the victim, in accordance with article 529b and with article 7, paragraph 10, of the Convention, his claim directly against the provider of financial security. If the agreement a clause means that the carrier himself partly in compensation for damage will help prove that under the agreement, the provider of financial security with regard to the injured party in respect of damage taken remains nevertheless to pay also of that part of the compensation;
d. from the agreement must show that the provider of financial security this within the time duration for which the certificate referred to in article 529c is published, not suspend or terminate or amend earlier that he no longer fulfils this article, then within three months of the date of receipt of a notice referred to in article 529f, first paragraph unless the certificate has been surrendered or has been issued before the expiry of the term.

529b 1 article that claims for damages under this section by an insurance or other financial security may be covered, directly against the insurer or other person providing the financial guarantee, be set. In this case, the defendant, even if the carrier is not entitled to limit his liability to, limit its liability to the amount equal to the sum insured or the amount of other financial security referred to in article 529.
2 the defendant all defences which the carrier would have against the claims may argue, but he can not rely on the fact that the carrier has been granted a suspension of payments, the debt restructuring arrangement with regard to the carrier that natural persons, or that the carrier is in bankruptcy or liquidation. Moreover, he can defend himself with a job on the fact that the damage was caused by willful misconduct of the carrier himself, but he would have other defences which may argue against a claim by the carrier against him come not allow him.
3 the defendant may the carrier and the performing carrier ever at stake.

Article 529c 1 the Minister gives to the carrier, at his request, a certificate as defined in Article 4A, paragraph 2, of the Treaty, by the provider of certificate or certifying as a financial security in this form on behalf of the carrier issued document, if it is shown that the obligation referred to in article transporter to 529.
2 to the request, the carrier must submit the following information and documents: a. name and address of the Head Office of the company by the carrier who actually performed the carriage, in whole or in part;
b. an extract from the registration for ships as referred to in article 101, paragraph 1, of the Kadasterwet, saying at least the information referred to in article 85, paragraph 2, point (a), c, d, e, f, g and j of that law, together with an indication of not striked provisional notes, except that in the event that extract more than two days before the day of submission issued , on that excerpt a statement of the keeper of the Curaçao land registry office and public registers must be issued within the said period of two days, which has been operational since issuing the extract mentioned data have undergone no change on that;
c. a copy of the contract for the provision of financial security;
d. the name of the person who provided the financial security and the place where its head office is located, as well as, where appropriate, the Office where the security is provided;
e. the time at which the financial security and the time when such an end.
3 The certificate is located on board the ship and a copy of this is deposited at the Government agency that keeps the registry in which the ship is registered or, if the ship is not listed in a State party to the Convention, at the public authority of the State issuing the certificate or certifying.

Article 529d monetary amounts by the insurer or by the issuer of any other financial security in accordance with article 529a tended to be made available, only for the satisfaction of claims under this section, and any payment of these amounts will cause any liability under this section by an amount up to the amount of the charge is reduced.

Our article 529e Minister designates an application referred to in article 529c if the information or documents submitted insufficient or incorrect, or if the contract for the provision of financial security does not meet the requirements laid down by or pursuant to this section.

529f article 1 the carrier to whom a certificate has been issued, is obliged to immediately inform the Minister in writing of invalidity, suspension or termination of the contract for the provision of financial security within the time duration for which the certificate is issued and of any amendment which during that time exists in the request referred to in article 529c which data have been submitted.

2 the Minister is responsible, that a communication as referred to in paragraph 1 in respect of a contract for the provision of financial security for a ship in Netherlands to book standing is notified in writing to the Office of the service for the Curaçao land registry office and public registers, in which the public registers in which the application for registration of the ship is registered are held, which notified there is kept.
3 the existence and the date of receipt of notifications as referred to in paragraph 2 shall, without delay, be mentioned in the registration for ships, referred to in article 85 of the Kadasterwet. Notifications as referred to in paragraph 2 are public.
4 The communication referred to in the first paragraph can also be done by the carrier by the person who provided the financial security.

Article 529g 1 the Minister may, after consultation with our Minister of finance, to revoke a certificate if by change to the data request referred to in article 529c which are produced or because the data prove to be insufficient, it no longer meets the requirements laid down by or pursuant to this section, or if there are good grounds to believe that the financial capacity of the provider of the financial guarantee was insufficient , or has become or, if this is set, it appears a outdoor Netherlands prevent it really come of those available in Netherlands.
2 In the decision establishes a timetable for the return of the certificate.
3 the operation of the Commission decision shall be suspended until the appeal period has expired or, if an appeal is set up, on the appeal is decided.

Article 529h 1 the carrier shall be obliged to make the certificate as soon as possible after 529f, first paragraph, in accordance with article communication is done by invalidity, suspension or termination of the contract for the provision of financial security, or after the time duration for which it was issued has expired, with our Minister.
2 the carrier shall be obliged to make the certificate in case of irrevocable withdrawal from our Minister to deliver within the time limit referred to in article 529g, second paragraph.

Article 529i 1 the Minister shall send a copy of each certificate issued by him and of any irrevocable decision to withdraw a certificate issued to the Office of the service for the Curaçao land registry office and public registers, which notified there is kept.
2. Article 529f, paragraph 3, shall apply mutatis mutandis.

Article 529j a ministerial order may be made concerning the rules for the issue or certification of a certificate referred to in article 529c relevant fees.

Article 529k by way of derogation from article 8:7 of the General Administrative Law Act is for appeals against decisions under this section the District Court of Rotterdam has jurisdiction.

Section 4. Any special agreements Article 530 1 Under the agreement (bareboat charter), in which one party (the hull carrier) undertakes a ship shall place at the disposal of its other party exclusively at sea (the bareboat charterer) without any control to keep on the subject, the operation of the ship in the hands of the bareboat charterer and they shall be for his account.
2. article 375 shall apply mutatis mutandis.

Article 531 1 On the agreement, in which one party undertakes a ship, other than by way of bareboat charter, only at sea shall place at the disposal of the other party for purposes other than the transport of goods or persons, the provisions concerning avarij-grosse as well as the provisions of this title and, in the case of a barge, 880 article shall apply mutatis mutandis.
2 parties have the freedom to depart from on their mutual relationship in the first paragraph applicable provisions stated.

Article 532 for the application of the provisions of this section, provision of one and the same vessel in the sea and on inland waters considered posting at sea, unless this posting at sea apparently subordinate to that on inland waters, in which case it is regarded as posting on inland waterways.

Title 6. Accidents section 1. Article 540 Collision is the touch of ships colliding with each other.

Subject to Article 541 of the law liability oil tankers and sections 5 and 6 of this title can find it in this section also apply if damage caused by a collision of certain sea-going vessel is caused without a collision.

Article 542 if a sea-going vessel by a collision damage, or to a sea-going ship, its crew or the business on board a ship damage was caused, the liability for such damage be determined by this section.

Article 543 If the collision was caused by coincidence, if it is due to force majeure or in the event of doubt as to the causes of the collision, the damage is borne by those who have suffered her.

Article 544 If the collision was caused by the fault of one ship, is the owner of the ship, that the fault had to reimburse the damage, required.

Article 545 1 if two or more ships jointly by their debt have caused a collision, are the owners thereof without joint and several liability be liable for damages, caused to fellow culprit vessels and to property, which are on board thereof, and severally for all other damage.
2 Is the joint and several liability does not, then the owners of the ships, which have caused the collision, jointly by their debt vis-à-vis the injured parties be liable in proportion to the weight of the debt of their ships; If, however, the circumstances, that that relationship cannot be established or if it appears that the fault of these ships equivalent liability is shared equally.
3 the liability jointly and severally liable, then each of the owners by the second paragraph of this article shall share in the payment to the creditor. Subject to article 364 and article 880, he has paid more than its share, which, for the surplus story on his fellow schuldenaren, which have paid less than their share.

Article 546 there are no presumptions of guilt in relation to the liability for collision; the ship, which comes into contact with another, if necessary to properly lighted, fixed or more capable site fastened case, no ship being, is liable for the damage, unless there is evidence that the touch is not caused by fault of the ship.

Article 547 The existing liability under this section is not raised if the collision was caused by the fault of a shed, even if the use of this is mandatory.

Section 2. Aid Article 550 this section applies only subject to the astronauts agreement (Trb. 1968, 134).

Article 551 of this section, the following definitions shall apply: a. assistance: any act or activity carried out to provide relief to a navigable in water or in any other water therefore endangered ship or other thing;
b. ship: any ship or other vessel, or any construction that can be sailed;
c. goods: all matters not permanently and intentionally attached to the coast and in risk being freight;
d. environmental damage: significant physical damage to human health, to the marine fauna or flora or to resources in coastal or inland waters or adjacent areas, caused by pollution, contamination, fire, explosion or similar major events;
e. payment payable under this section means any reward, remuneration or compensation.

Article 552 for the purposes of this section, the waters referred to in article 21 of the law on the strandvonderij considered to the sea, and the beaches and shores thereof to the beach.

Article 553 this section shall not apply in case of assistance to: a. fixed or floating platforms or movable drilling rigs when those platforms or drilling rigs on a location in company for the exploration, exploitation or extraction of mineral resources of the sea bed;
b. a maritime heritage that prehistoric, archaeological or historical importance is and at least fifty years on the sea floor.

Article 554 this section shall also apply in case of assistance by or to a warship or other non-trading ship, belonging to, or used or freights is referred to by the State or any other State which the International Convention on assistance, 1989 (Trb. 1990, 109), on which ships has declared.

Article 555 the provisions concerning aid shall apply mutatis mutandis in the case of assistance: a. to the fixed beach or the banks of navigable inland waters sunk or washed up matters;
b. by a ship to an aircraft.

An agreement on aid may 556 1 article on desire of one of the parties by the judge totally or partially destroyed or changed when they came about by abuse of circumstances or under the influence of danger and the agreed terms are unfair, the agreed payment or excessively high or low in relation to the services actually provided.
2 void any circumstances where the provisions of the first paragraph.

Article 557


1 help to endangered ships, to itself or to a business on board thereof standing ship sunk, washed up or enthusiastic originating business should not be granted against an express and reasonable prohibition of the shipowner or master of the ship in. Help from other endangered business should not be granted against an express and reasonable prohibition in of the owner on the case.
2 a ban to assistance can always be adopted.

Article 558 1 giving assistance to a ship, to itself or to a business on board thereof standing ship sunk, washed up or enthusiastic derived business is headed by the captain and, when there is no captain is if this does not occur, under the direction of the owner of the ship or the case.
2 At stranding or aanspoeling to fixed or on the beach is based the lead, when captain nor owner occurs, at the beach vonder.
3 if it is necessary to take measures without delay, not in this article, until the captain, the owner or the beach vonder the lead.

Article 559 1 When a ship by the crew is leaving and by aid workers or the beach vonder is retrieved, it allows the captain to return to his ship and becoming quite the authority to begin again, in which case the aid workers or the beach vonder instantly fill in the authority to the captain.
(2) if the captain or the relevant owner assistance or on the spot, where the rescued business are made, nowadays, and this the rescuer or the beach vonder is known, the aid workers or the beach vonder, without prejudice to article 571, that matters at once at his disposal.
3 In the cases, In which the rescued business not on the basis of the previous paragraph, immediately available to the master or the person entitled must be drawn up, they must, in so far as they are during the relief effort itself to or on the outdoor grounds or the fixed Beach, immediately be made available to the beach vonder.

Article 560 1 the rescuer is liable to the owner of the ship or the relevant owner on other endangered cases obligatory: a. the relief effort with the necessary care;
b. in the fulfilment of the obligation referred to in paragraph (a) to exercise due care to prevent or limit environmental damage;
c. in all cases, in which the circumstances reasonably require, the assistance of other aid workers; and d. to accept the intervention of other aid workers, when you reasonably requested by the shipowner or the master of the vessel or the relevant owner on other endangered business, it being understood that the amount of his reward is not reduced, if it should turn out that the request was unreasonable.
2 The owner and the master of the vessel or the relevant owner on other endangered business towards the rescuer must: a. for the help provided to work with him;
b. the necessary care to prevent environmental damage or limit; and c. when the ship or the other issues have been brought to safety, restitution thereof to accept if this is reasonably by the assistance provider is requested.
3 null and void any clause, which by part (b) of paragraph 1 or 2.

Article 561 1 help with is favourably granted gives the right to help wage.
2 subject to article 564, no payment is due under this section, when the help no beneficial.
3 assistance as defined in the first paragraph, even though the right to help pay to help wage owner whether he, who is entitled to claim the establishment of the wage, the person is the same as he who help pay is due.

Article 562 where one party to a contract of assistance by her counterpart in regard to a damage caused outside aid agreement is addressed, that other party is they owe no further liability than they would be on the basis of the agreement concluded by them. The articles 365 and 366 shall apply mutatis mutandis.

Article 563 1 the amount of the wage shall be fixed by agreement between the parties and, failing that, by the Court.
2 the rates shall be calculated with a view to encouraging relief efforts, according to the following criteria regardless of the order in which they are listed below: a. the value of the ship and rescued the other goods;
(b) the skill and efforts of the aid workers, shown in preventing or limiting damage to the environment;
c. the extent of the aid workers obtained favourable results;
d. the nature and severity of the hazard;
(e) the skill and efforts shown by the aid workers in the rescue of the ship, the other Affairs and human life;
f. the time used by the aid workers, costs incurred and losses suffered;
g. the risk of liability and other risks incurred by the aid workers or their equipment;
h. the speed of the services rendered;
i. the availability and use of ships or other equipment intended for aid;
j. the State of readiness as well as the effectiveness and the value of the equipment of the aid workers;
3 for help given to a ship and the business on board is the only wage payable by the owner of the ship, with the understanding that the owner has a right of recourse against the other interested parties for their respective share. For help given to other issues is the wage payable by the owner on that matters.
4 the wage, excluding interest and recoverable legal costs, should the rescued values of the ship and the other goods not surpass.
5 when the wage Commission seeks to reimbursement of costs incurred and damage suffered by the Court which costs incurred and damage suffered in this respect.

Article 564 1 If a rescuer has granted aid to a ship that itself or because of its cargo threatened damage to the environment and he has obtained no help wage according to Article 563 at least equal to fix special allowance in accordance with this article, is entitled to a special allowance on the part of the shipowner , equal to the costs incurred by him as described in this article.
2 If the rescuer in the circumstances referred to in the first paragraph by his rescue work prevented damage to the environment or has limited, assignment by the owner according to the first member to the rescuer to pay special allowance be increased by up to 30% of the costs incurred by the provider. If, however, the judge, taking into account the criteria referred to in the second paragraph of Article 563, this great and just eight, he can further increase that special allowance, but the overall increase may in no case exceed 100% of the costs incurred by the provider.
3 for the purposes of paragraphs 1 and 2 are under cost of the rescuer means the advances that have been made by the assistance provider reasonably assistance and a fair fee for equipment and personnel who actually and reasonably have been deployed during the relief effort, taking into account the criteria referred to in Article 563, paragraph 2, items h, i and j. 4 the total special compensation under this article is paid only if and in so far as this fee higher than the wage that the rescuer can receive under Article 563.
5 If the rescuer was negligent and therefore at fault damage to the environment or limit, the judge special allowance payable under this article in whole or in part.
6 the judge who establishes a wage assistance as referred to in Article 563 and a special allowance defines as referred to in paragraph 1, is not required to pay the amount of the aid to determine the evolution of the maximum value of the ship and the other rescued goods before the amount of the special allowance.
7 nothing in this article shall prejudice any right of recourse of the shipowner of the ship.

Article 565 1 no help wage is payable by persons whose life is saved.
2 Notwithstanding paragraph 1 is for the individual rescue of persons on board a ship help wage payable by the shipowner.
3 the one who has saved human lives and has participated in the work carried out on the occasion of the accident that gave rise to the relief effort, is entitled to a fair share of the payment made to the assistance provider is awarded for the rescue of the ship or other business or to prevent or restrict damage to the environment.

Article 566 1 entitled to help wage are those persons or groups of persons, who have given assistance.
(2) if the aid is granted by persons or groups, which have dependencies on each other, is only one amount to these groups or persons jointly to help wage due.
3 If the aid is granted by a ship can also the members of the crew, which granted, no help to help wage are entitled.

Article 567 away, against anyone, by a member of the crew of his right to a share of the wage earned by a ship to earn or help is void, unless the ship is clear from its construction exclusively or mainly for assistance or towing service is intended or the distance one certain aid.

Article 568


1 they have no right to payment under this section, which aided notwithstanding an express and reasonable prohibition referred to in Article 557, paragraph 1.
2 persons on board can because of aid granted by them to the ship, are on Board of it enthusiastic, washed up or standing business or derived therefrom sunken Affairs, only entitled to payment, when services have been proven by them, which they could not reasonably have been held.
3 no payment is due under this section unless the services provided go beyond what can reasonably be classified as a usual performance of a contract which was closed before the danger arose.
4. If the aid workers need assistance by their debt created or difficult or have been guilty of theft, concealment or other deceptive acts under this section, the Court may deny payment due in whole or in part.

Article 569 1 if the help is provided by individuals or groups of individuals acting independently of each other, each of these persons have jurisdiction to claim fixing the pay or the special allowance that him or the group, of which he was part, deserve.
(2) if the aid is granted by persons acting or groups of persons dependent on each other, each of these persons have jurisdiction to claim fixing the pay or the special allowance provided to these individuals or groups together.
3. If assistance is granted by a ship, is the sole owner or master is competent about the pay or the special allowance to be agreed. The agreement binds all by him to help pay or the special allowance recipients. He is obliged each of them before the payout desverlangd the amount of the wage or the special allowance give written notice that. In the absence of an agreement is only he, not only entitled, but also required judicial determination of the wage or the special compensation and to collect this.
4 In the case referred to in article 561, paragraph 3 each to help pay or special allowance is entitled to claim the adoption by the Court, even if about the pay or the special allowance an agreement are closed.

Article 570 1 the distribution of a wage assistance as referred to in Article 563 between aid workers takes place in accordance with the criteria referred to in that article.
2 the distribution of a special allowance referred to in article 564 between aid workers shall be in consideration of the criteria referred to in Article 563, paragraph 2, items h, i and j. 3 at disputes about the distribution of the wage and the special allowance between the persons entitled to do this at the request of the most diligent party by the Court.

Article 571 1 He, who is entitled to claim the wage fixing, – subject to article 559, first and third paragraphs to every one that lien, a lien on the ships or business, to which aid has been granted, as well as on ships to welker on board business help themselves has been granted, in respect of aid for which pay is due.
2 in respect of the special allowance referred to in article 564 can be exercised this right of retention on the ships, to which aid has been granted.
3 this right of retention shall lapse as soon as the amount has been paid, about which no dispute exists between the parties, and adequate security has been lodged for the payment of those amounts, which have dispute or whose height cannot yet be determined.

Article 572 1 the one that a payment is due under this section, on desire of the rescuer sufficient security for that which he in respect of which payment is due, including interest and costs.
2 the ship and the other matters to which the aid has been granted may not be removed without the consent of the provider of the first port or place where they after termination of aid have arrived, until sufficient security has been lodged for the payment referred to in the first paragraph.

Article 573 1 the Court may, before the pay or the special allowance, recommended that to the person who is entitled to claim, the adoption of a reasonable amount to be determined by way of advance. The Court may to this command conditions that are fair, given the circumstances, including the condition that for the full or partial reimbursement of the advance security.
2 under article 572 Is security, then the amount of the security lodged reduced by the amount of the advance paid.

Article 574 1 if the person entitled resides on the ships or other matters to which aid has been granted, not rises, be he that fixing it may help pay or the special, entitled at the expense and risk of the owner to keep among themselves or with a third party to store in an appropriate repository.
2 the third-party custodian and the rightholder towards each other, as if the about the custody agreement entered into between them closed. The custodian, however, is not entitled to issue then after written consent of him who gave the goods in custody.

Article 574 575 1 In case of application of article he can, entitled determination of the wage or the special compensation, the custodian or the person entitled on the ships or business, on his request under the terms of a court authorized them in whole or in part in the manner determined by this to sell.
2 The custodian is required to be the same, which gave the goods in custody, as soon as possible of the proposed sale on; doing the business in custody gave or among themselves loved, this obligation to the copyright holders known to him on the business.
3 the proceeds of the sale is deposited in the consignment Office, provided that they are not intended to pay the costs of storage and sales as well as, within the limits of the reasonableness, of the costs incurred. Unless the herd is laid for a monetary claim, should be the same, that the goods in custody gave, from the amount to be determined in custody be met which help him in respect of pay or special allowance shall be payable; as far as the pay or the special allowance not yet fixed, the proceeds or portion thereof on the manner determined by right as security for that claim.
4 The revenue deposited in the consignment Office replaces the business.

Article 576 1 He, who is entitled to help pay or special allowance, obtains ownership of the case, to which aid has been granted and for which no rightholder has risen, two years after the termination of the aid, provided that the property is at that time still in his power, and he has done what can be reasonably taken to the rightholder to discover and of the consequence of aid on.
2 the first paragraph does not apply if the right holder within the time limit referred to in that paragraph at him, that fixing the salary or the special may help, signed up and to this the cost of storage and maintenance and to detection of the rightholder has reimbursed. Doing setting the salary or the special may help has the power to suspend the issue until this commitment is implemented. If the person entitled who claims the case, fees due within one month after they him are specified, has met, he considered his right to the thing to have.

Article 577 legal provisions regarding negotiorum gestio found on aid no application.

Section 3. There is a avarij Avarij-grosse Article 610-grosse Act, when-and only when-any extraordinary sacrifice or expense intentionally and reasonably is provided or done for the common security with the goal of the property, involved in a common enterprise, carried out with a sea-going vessel for danger-how or by whose hands they also arise-to protect this.

Article 611 Only such losses, damages or expenses, that the immediate result of a avarij-avarij-grosse grosse Act, as permitted.

Article 612 1 Avarij-grosse is to him, that her suffering, reimbursed by the shipowner, cargo or the person responsible for payment of passage money, the recipient of the cargo and the owners of the other on board standing matters, with the exception of letters, other mail or postal parcels, baggage and personal affairs of persons on Board that no luggage.
2 by way of derogation from the first paragraph carries a motor vehicle or ship, which by a carrier related to a contract of carriage of passengers is transported on board the ship, in the avarij-grosse.

The fees in article 613 avarij-grosse and the carrying values of in the avarij-grosse contributing interests also respects the York-Antwerp Rules, described in order in Council.

Section 4. Dangerous substances on board a sea-going ship Article 620 In this section, the following definitions shall apply: (a) "dangerous substance" means a substance as such when order in Council is appropriate; the indication may be restricted to certain concentrations of the substance, to provisions of the order in Council to describe dangers that are connected to the substance, and certain to describe situations in which the substance is located in it;

b. "ship": sea-going vessel, not being a air-cushion vehicle;
c. "damage": 1 °. damage caused by death or injury of any person caused by a hazardous substance;
2 °. other damage outside the ship on board which the dangerous substance is located, caused by carrying dangerous substance, other than loss of or damage to other ships or barges and related business on board, if those vessels or inland waterway vessels are part of a drag, this ship is a part, or which also attaches with this ship in a unit are linked;
3 °. the costs of preventive measures and loss or damage caused by such measures;
d. "preventive measures" means any reasonable measure to prevent or limit the damage taken by anyone except the person responsible in accordance with this section after an event has occurred;
e. "event": any fact or any series of occurrences with the same origin, which causes damage or creates a grave and imminent threat of damage;
f. "owner" means the person who in a register in which the ship, as the owner of the ship is registered or, in the absence of any registration, the person who owns the ship.

Article 621 1 this section shall not apply if the action brought by the shipowner against the person who is liable under an operating agreement or to this person a job on an operating agreement.
2 this section shall apply to the period in which a hazardous substance on board a ship, including the period from the beginning of the loading of the dangerous substance in the ship until the end of the discharge of that substance from the ship.
3 this section shall not apply to damage caused when the ship is used only in a not for public accessible area and such use is part of a business taking place in that area.
4 On on board in accordance with the second paragraph substances referred to in article 175 of book 6 is that article does not apply, unless the case of the third member.
5 this section shall not apply to bunker oil pollution damage as referred to in section 5 of this title.

Article 622 1 If a hazardous substance is in a means of transport that are on board a ship without the dangerous substance is discharged from this stacked means of transport, the hazardous substance for that period will be considered only on Board that ship. By way of derogation from the provisions in the previous sentence will, for the transactions referred to in paragraph 5 of article 623, parts c, d and e, the dangerous substance are supposed to be stacked only on board the means of transport.
(2) If a hazardous substance is located in a ship that is being towed by another ship or by a barge or is propelled by another ship or by a barge that attaches with this ship in a unit linked, the dangerous substance are supposed only to be located on Board of that ship.

Article 623 1 he who at the time of an event owner is of a ship on board which a hazardous substance, shall be liable for damages caused by that substance as a result of that event. The event from a series of occurrences with the same cause, then rest the liability on the one at the time of the first fact owner was.
2 the shipowner is not liable if: a. the damage is caused by an act of war, hostilities, civil war, insurrection or natural happening of exceptional, inevitable and irresistible character;
b. the only damage is caused by an act or omission by a third party, other than a person mentioned in paragraph (a), committed with the intent to cause damage;
c. the sender or any other person has not complied with its obligation to inform him about the dangerous nature of the substance, and neither the owner nor the mentioned in the fifth paragraph, subparagraph (a), persons knew or had to know that this was dangerous.
3 If the shipowner proves that the damage in whole or in part the result of an act or omission by the person who has suffered the damage, with the intent to cause the damage, or by the fault of that person, he can totally or partially relieved of his liability to that person.
4 the shipowner for damage can only be addressed other than this section in the case of paragraph 2, part c, as well as in case he under contract of employment may be addressed.
5 subject to articles 624 and 625 for damages not liable: a. the subordinates, representatives or agents of the owner or the members of the crew, b. the pilot and any other which, without crew member to be, for the benefit of the ship activities, c. those who other than against an express and reasonable prohibition because of the ship in aid to the ship , the on board thereof standing business or the people on board, d. those who on designation of a competent public authority to provide support for the ship, the on board thereof standing business or the people on board, e. those who take preventive measures with the exception of the shipowner, f. the subordinates, representatives or agents in this paragraph, parts b, c, d and e , persons exempted from liability, unless the damage arose from their own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
6 The owner has, as far as not agreed otherwise, the story on the persons referred to in paragraph 5, but only if these under the lock of this paragraph for the damage can be addressed.

Article 624 1 If the shipowner proves that the dangerous substance during the period referred to in article 621, second paragraph, is loaded or unloaded under the sole responsibility of a designated by him other than the shipowner or his subordinate, representative or agent, such as the sender or receiver, the shipowner is not liable for damage due to an event during the loading or unloading of the dangerous substance and that person is liable for such damage in accordance with this section.
2 However, if the hazardous substance during the period referred to in article 621, second paragraph, is loaded or unloaded under the joint responsibility of the shipowner and a different, unnamed by the shipowner, the shipowner and the other will be jointly and severally liable in accordance with this section for damage due to an event during the loading or unloading of the dangerous substance.
3 if it is loaded or unloaded by a person on behalf or for the benefit of the carrier or another, such as the sender or recipient, is not this person, but the carrier or that person liable.
4 If a person other than the owner on the basis of the first or the second member is liable, that person may not rely on article 623, paragraph 4 and paragraph 5, part b.
5 If a person other than the owner on the basis of the first or the second member is liable, in respect of that other title 7 642a to 642z and articles of the code of civil procedure shall apply mutatis mutandis, it being understood that in the case of joint and several liability: (a) the limitation of liability pursuant to title 7 of the commercial code applies to all of the following from the same event resulting claims directed against both;
b. a fund formed by one of them in accordance with article 642c of the code of civil procedure is considered by both to be formed and this with regard to the claims for which the Fund was.
6 In the relationship between the owner and the other mentioned in the second paragraph of this article is not the shipowner for compensation required than in the case of fault of himself or of his subordinates, representatives or agents.
7 of this article shall not apply if during the period referred to in article 621, second paragraph, is loaded or unloaded under the sole or joint responsibility of a person, referred to in article 623, paragraph 5, part c, d or e.

Article 625 If pursuant to article 623, paragraph 2, part c, the shipowner is not liable, the sender or any other person liable in accordance with this section and can be its relation to title 7 and articles 642a to 642z of the code of civil procedure shall apply mutatis mutandis. The shipper or other person may not rely on article 623, paragraph 4.

Article 626 If damage caused by the hazardous substance cannot reasonably be separated from damage caused the entire damage, will otherwise be classified as damage within the meaning of this section.

Article 627


1 When by an event damage has been caused by dangerous substances on Board of more than one ship, or on board a ship and a barge or a hovercraft, the ship owners and the owner or operator of the ship, the barge or involved the air-cushion vehicle, without prejudice to article 623, paragraphs 2 and 3, and article 624 , section 4 of title 11 and section 1 of title 14 certain, be jointly and severally liable for all damages which cannot reasonably be assumed that it was caused by one or more dangerous substances on board certain ships, barge or hovercraft.
2 the provisions of the first paragraph shall be without prejudice to recourse to limitation of liability of the shipowner, owner or operator pursuant to title 7 or 12, or the articles title 1218 to 1220, each to the applicable amount for him.

Section 5. Liability for bunker oil pollution damage paragraph 1. General provisions and scope Article 639 of this section, the following definitions shall apply: (a) «Convention» means the established in London on 23 March 2001 International Convention on civil liability for bunker oil pollution damage, 2001 (Trb. 2005, 329);
b. «liability»: to London on 27 november 1992 established International Convention on civil liability for oil pollution damage, 1992 (Trb. 1994, 229);
c. «» our Minister: the Minister of transport, public works and Water Management;
d. «ship», «person», «bunker oil», «preventive measures», «pollution incident», «damage», «State», «gross tonnage of the ship's registry», «organization» and «Secretary-General»: which include in article 1 of the Treaty;
e. «» shipowner: the owner of the ship, including the registered owner, bareboat charterer, Manager or the person in whose hands the operation of the ship is laid;
f. «registered owner» means the person or persons who are registered as the owner of the ship or, in the absence of a registration has taken place, the person or persons who owned the ship. If, however, a ship owned by a State and operated by a company which in that State is registered as the operator of a ship, means «registered owner» in such a society.

Article 640 1 this section shall apply to: a. bunker oil pollution damage caused in Netherlands, including the territorial sea;
b. bunker oil pollution damage caused in the exclusive economic Zone (EEZ) of Netherlands;
c. preventive measures, wherever taken, to prevent or minimise such damage.
2 this section shall not apply: a. to pollution damage as defined in the liability, regardless of whether or not damage or in respect of which compensation is payable pursuant to that Treaty; and b. on warships, support vessels of the Navy or other vessels belonging to or operated by a State and that during the period in question be used exclusively in the civil service for non-commercial purposes, except to the extent that that State has decided otherwise and on the foot of article 4, paragraph 3, of the Treaty well executed.

Paragraph 2. liability of the shipowner Article 641 1 The shipowner at the time of the incident, subject to the provisions of the third and fourth member, liable for pollution damage caused by bunker oil on board or originating from the ship, with the understanding that if the incident consists of a series of occurrences having the same origin, the liability rests on the person who at the time of the first fact the shipowner was.
(2) If more than one person is liable on the basis of the first paragraph, they will be jointly and severally liable.
3 The shipowner is not liable if he proves that: (a) the damage resulted from an act of war, hostilities, civil war, insurrection or natural phenomenon of exceptional, inevitable and irresistible character;
(b) the damage was wholly caused by an act or omission by a third party with the intent to cause damage; or (c) the damage was wholly caused by negligence or other wrongful act of any Government or other authority responsible for the maintenance of lighthouses or other tools in navigation, in the exercise of that function.
4 If the shipowner proves that the pollution damage wholly or partly the result of an act or omission by the person who has suffered the damage, with the intent to cause the damage, or by the fault of that person, he may be exempted from all or part of the liability to that person.
5 no claim for compensation for pollution damage may be brought against the shipowner otherwise than in accordance with this section.
6 The shipowner has the right of recourse on third parties for the damage, unlike other contractual, to the injured parties be liable.

Article 642 When an event involving two or more ships occurs and pollution damage is incurred as a result thereof, are the owners of all the ships concerned, unless exonerated under article 641 of liability, will be jointly and severally liable for all damage which is not reasonably separable. On the mutual relationship of the owners of the ships concerned, article 545, third paragraph, last sentence, shall apply mutatis mutandis.

Article 643 The shipowner and the person or persons who ensure or other financial security may limit their liability per incident under Title 7.

Article 644 1 claims for compensation for pollution damage can be directly against the insurer or other person providing financial security to cover the liability of the registered owner for pollution damage. In this case, the defendant, even if the shipowner under section 643 is not entitled to limit his liability to, limit its liability to the amount equal to the sum insured or the amount of other financial security referred to in article 645.
2 the defendant all defences which the shipowner would have may argue against the claims, but he can not rely on the fact that the shipowner suspension of payment is granted, that the shipowner the debt restructuring arrangement natural persons, or that the shipowner is in bankruptcy or liquidation. Moreover, he can defend himself with a job on the fact that the damage was caused by willful misconduct of the shipowner himself, but he would have other defences which may argue against a claim by the shipowner against him come not allow him.
3 the defendant shipowner can always call into question.

Paragraph 3. The registered owner of an Article 645 1 compulsory insurance in Netherlands teboekstaand ship with a gross tonnage of more than 1000 is a compulsory insurance or other financial security, such as a bank guarantee, in order to keep for the amount to which his liability is limited in accordance with title 7, calculated to cover its liability in accordance with the provisions of this section and article 7 of the Treaty.
2 the registered owner of a ship with a gross tonnage of more than 1000 that Netherlands or teboekstaat outside other than the Dutch flag, is obliged to, if the ship is a port or loading or unloading point in Netherlands or leaves, or a Dutch inland waters Badri, an insurance or other financial security, such as a bank guarantee, in order to keep for the amount to which his liability is limited calculated pursuant to title 7 , to cover its liability in accordance with the provisions of this section and article 7 of the Treaty.

Article 646 the Convention on the provision of financial security in respect of a ship that teboekstaat in teboekstaat in Netherlands or that a State which is not party to the Convention, or flying the flag of such a State, must comply with the following: a. the contract must have been entered into with an insurer, a bank or other financial institution or other person , from whom the Minister, after consultation with our Minister of finance, the financial capacity to provide coverage for liability from this section and the Treaty enough judges;
(b) the funds from the agreement shall, if the provider of financial security is established outside Netherlands Netherlands actually available;
c. from the agreement must show that the victim, in accordance with article 644 and article 7, paragraph 10, of the Convention, his claim directly against the provider of financial security. If the agreement a clause means that the shipowner itself partly in compensation for damage will help prove that under the agreement, the provider of financial security with regard to the injured party in respect of damage taken remains nevertheless to pay also of that part of the compensation;

d. from the agreement must show that the provider of financial security this within the time duration for which the certificate was issued, not before Article 647 can suspend or terminate or amend earlier that he no longer fulfils this article, then within three months of the date of receipt of a notice referred to in article 649 , first paragraph, unless the certificate has been surrendered or has been issued before the expiry of the term.

Article 647 1 the Minister gives to the registered owner of a ship or a ship in Netherlands teboekstaand that is not in in a State party, at his request, a certificate as defined in article 7, paragraph 2, of the Treaty, by the provider of certificate or certifying as a financial security in this form on behalf of the registered owner issued document If it is shown that the registered owner to its obligation referred to in article 645.
2 At the request must provide the registered owner and the following information: a. the name and address of the registered owner and the place where his head office is situated;
b. an extract from the registration for ships as referred to in article 101, paragraph 1, of the Kadasterwet, saying at least the information referred to in article 85, paragraph 2, point (a), c, d, e, f, g and j of that law, together with an indication of not striked provisional notes, except that in the event that extract more than two days before the day of submission issued , on that excerpt a statement of the keeper of the Curaçao land registry office and public registers must be issued within the said period of two days, which has been operational since issuing the extract mentioned data have undergone no change on that;
c. a copy of the contract for the provision of financial security;
d. the name of the person who provided the financial security and the place where its head office is located, as well as, where appropriate, the Office where the security is provided;
e. the time at which the financial security and the time when such an end.

Article 648 the Minister designates an application referred to in Article 647 if the information or documents submitted insufficient or incorrect, or if the contract for the provision of financial security does not meet the requirements laid down by or pursuant to this section.

Article 649 1 the registered owner to whom a certificate has been issued, is obliged to immediately inform the Minister in writing of invalidity, suspension or termination of the contract for the provision of financial security within the time duration for which the certificate is issued and of any amendment which during that time exists in the information request referred to in Article 647.
2 the Minister is responsible, that a communication as referred to in paragraph 1 in respect of a contract for the provision of financial security for a teboekstaand ship in Netherlands is notified in writing to the Office of the service for the Curaçao land registry office and public registers, in which the public registers in which the application for registration of the ship is registered are held, which notified there is kept.
3 the existence and the date of receipt of notifications as referred to in paragraph 2 shall, without delay, be mentioned in the registration for ships, referred to in article 85 of the Kadasterwet. Notifications as referred to in paragraph 2 are public.
4 The communication referred to in the first paragraph addition to the registered owner can also be done by the person who provided the financial security.

Article 650 1 the Minister may, after consultation with our Minister of finance, to revoke a certificate if by change to the data which have been submitted to the request referred to in Article 647 or because the data prove to be insufficient, it no longer meets the requirements laid down by or pursuant to this section, or if there are good grounds to believe that the financial capacity of the provider of the financial guarantee was insufficient , or has become or, if this is set, it appears a outdoor Netherlands prevent it really come of those available in Netherlands.
2 In the decision establishes a timetable for the return of the certificate.
3 the operation of the Commission decision shall be suspended until the appeal period has expired or, if an appeal is set up, on the appeal is decided.

Article 651 1 the registered owner is required to the certificate as soon as possible after 649, paragraph 1, in accordance with article communication is done by invalidity, suspension or termination of the contract for the provision of financial security, or after the time duration for which it was issued has expired, with our Minister.
2 the registered owner is required to the certificate in case of irrevocable withdrawal from our Minister to deliver within the time limit referred to in article 650, second paragraph.

Article 652 1 the Minister shall send a copy of each by him in respect of any certificate issued in Netherlands in ship and of any irrevocable decision to withdraw a in respect of a certificate issued in Netherlands in ship, to the Office of the service for the Curaçao land registry office and public registers, which notified there is kept.
649 Article 2, paragraph 3, shall apply mutatis mutandis.

Article 653 by or pursuant to order in Council are made on the rules for the issue or certification of a certificate referred to in Article 647 fees due.

Paragraph 4. job [expired per 01-01-2013] article 654 [expired per 01-01-2013] section 6. Liability for the cost of locating, marking and clearing a wreck Article 655 for the purposes of this section, the following definitions shall apply: (a) «Convention» means the on May 18, 2007 established in Nairobi International Convention on the removal of wrecks, 2007 (Trb. 2008,115);
b. «wreck», «ship», «maritime accident», «danger», «registered owner», «State where the ship is registered»: which include in article 1 of the Treaty;
c. «locating, marking and storage»: which include in the Treaty.

Article 656 1 the registered owner, subject to the provisions of this section, be liable for the cost of locating, marking and clearing the wreckage in accordance with paragraphs 2.3 and 2.4 of Chapter 2, where necessary in conjunction with Chapter 5 of the law combating maritime accidents.
2 the registered owner is not liable under this section if he proves that the maritime accident that led to the wreck has: a. is the result of an act of war, hostilities, civil war, insurrection or a natural phenomenon of exceptional, inevitable and irresistible character;
b. as a whole is caused by an act or omission by a third party with the intent to cause damage; or c. in its entirety is caused by negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that task.
3 nothing in this section affects the right of the registered owner to limit his liability to under Title 7.
4 no claim for reimbursement of the costs referred to in paragraph 1 can be set against the registered owner other than in accordance with the provisions of this section.
5 nothing in this article shall prejudice any right of recourse against third parties.

Article 657 1 the registered owner is not liable under this section for the costs referred to in article 656, first paragraph, if and to the extent that the liability for such costs would be contrary to: a. the International Convention on civil liability for oil pollution damage, 1969, as amended;
b. the International Convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea, 1996, as amended;
c. the Convention on third party liability in the field of nuclear energy, 1960, as amended, or the Vienna Convention on civil liability for nuclear damage, 1963, as amended; or national law that regulates or limitation of liability for nuclear damage; or (d) the International Convention on civil liability for bunker oil pollution damage, 2001, as amended;
provided that the Treaty shall apply and is in effect.
2 as far as measures under the law combating maritime accidents be classified as aid to London on 28 april 1989 in accordance with the established international treaty on aid, is that Treaty shall apply to issues concerning the wages or compensation payable to the provider and to the exclusion of the rules of this section.

Article 658


1 claims for reimbursement of the costs referred to in article 656, first paragraph, can be directly against the insurer or other person providing financial security to cover the liability of the registered owner for costs referred to in article 656, first paragraph. In this case, the defendant, even if the registered owner is not entitled to limit his liability to, limit its liability to the amount equal to the sum insured or the amount of other financial security referred to in article 26 of the law combating maritime accidents.
2 the defendant all defences which the registered owner against the claims would have been able to argue, but he can not rely on the fact that the registered owner has applied for a suspension of payment is granted, that the registered owner the debt restructuring arrangement with regard to natural persons, or that the registered owner being in a State of bankruptcy or liquidation. Moreover, he can defend himself with a job on the fact that the rate is caused by willful misconduct of the registered owner himself, but he would have other defences which may argue against a claim by the registered owner against him come not allow him.
3 the defendant may call into question the registered owner ever.

Title 7. Limitation of liability for maritime claims Article 750 1 the owner of a ship and the rescuer can by asking one or more funds as referred to in article 642c of the code of civil procedure limit their liability for the claims referred to in article 752.
2 under owner in this title include the charterer, the tenant or other user of a ship including the one in whose hands the operation of a ship.
3 under aid worker is in this title everyone means that work done in immediately related to relief efforts, including in this title also means the article 752, paragraph 1 (d), (e) and (f) said activities or measures.
4 under this title ship sea-going vessel. A ship under construction is for the purposes of this title, partly as a ship classified from the moment that the stack walk begins. A hovercraft is for the purposes of this title are not as ship. A platform that is built to exploration or exploitation of the natural resources of the seabed or the subsoil and that can float for the purposes of this title are not regarded as ship during the time that the rest on the sea floor.

Article 751 1 if an action as referred to in article 752 is directed against any person for whose Act, neglect or negligence, the shipowner or the rescuer in principle liable, that person has granted competence in this title to limit its liability.
2 the insurer of liability for claims, limitation of liability under this title is possible, can be in the same extent as assured on that restriction professions.

Article 752 1 subject to the provisions of articles 753 and 754, the power to set the following limitation of liability for claims either on the basis of agreement, or outside agreement and even when the liability arises exclusively from ownership or possession of or a privilege on the ship or from the fact, that this is under guard or surveillance of him that is on the limitation of liability claims : a. claims in respect of death or injury, or in respect of loss of or damage to property (including damage to works of art by ports, to docks, waterways or tools for shipping) occurred on board the ship, or in direct connection with the operation of the ship or with work in relief efforts, as well as for claims in respect of damage caused by one thing or another;
b. claims in respect of damage caused by delay in the carriage by sea of cargo, passengers or their luggage;
c. other claims in respect of damage arising from breach of any agreement based not on property law occurred and in direct connection with the operation of the ship or with work in assistance;
d. claims in respect of the floating, remove, destroy or defusing of a sea or river vessel sailing has sunk, thwarted, stranded or abandoned, including anything on board such a ship is or has been;
e. claims in respect of the removal, destruction or neutralisation of the ship's cargo;
f. claims of a person in respect of measures taken to prevent damage or reduce his liability for any damages the person responsible could limit under this title, as well as for claims in respect of further damage by such measures ago, however, with the exception of some such claims of this person liable itself.
2 liability for the claims referred to in the first paragraph may be limited, even if, whether or not on the basis of an agreement, are set up by way of recourse or indemnification. The liability for the claims referred to in paragraph (d), (e) or (f), however, cannot be limited to the maximum extent these claims relate to compensation payable under an agreement with the liable person.

Article 753 1 this title shall not apply to: a. claims related to relief efforts, including, where appropriate, a claim in respect of a special allowance referred to in article 14 of the on 28 april 1989 in London established international treaty on aid (Trb. 1990, 109) as subsequently amended, or contribution in avarij-grosse;
b. claims for oil pollution damage, as they are designed in the established on 29 november 1969 International Convention on civil liability for oil pollution damage having the force of law or in any amendment of that Treaty or Protocol thereto;
c. claims subject to any International Convention or any law, that the limitation of liability for nuclear damage regulates or prohibits;
d. claims against the operator of a nuclear ship in respect of nuclear damage;
e. employment contract claims against the shipowner or the rescuer brought by his subordinates or their assigns in so far as they relate to work in progress related to the ship or the aid, according to the liability of the shipowner or the rescuer for this to the employment contract claims in respect of the applicable law does not or only to a higher amount than under this title the case true , may be limited.
2 when someone who has authority under this title, is entitled to limit his liability to an action against a creditor, arising from the same incident, the respective claims will be settled with each other and the limitation of liability only then possibly applied to the remaining balance.

Article 754 no one is entitled to limit his liability to, if proven is that the damage has been caused by his own act or omission, committed with the intent to cause such damage or recklessly and with knowledge that such damage would probably result.

Article 755 1 without prejudice to the provisions of the second paragraph, the liability under this title for other claims than those referred to in article 756 that have arisen as a result of one and the same incident be limited as follows: a. for claims that are not claims as referred to in article 752, first paragraph, under (d) or (e), to the amount determined on the basis of article 6 , first paragraph, of the to London on 19 november 1976 Convention on limitation of liability for maritime claims (Trb. 1980, 23) as amended by article 3 of the Protocol of 1996, subject to modification by the special amendment procedure provided for in article 8 of the 1996 Protocol; and b. in respect of claims referred to in article 752, paragraph 1, under d or e (wrecks Fund), to the amount determined on the basis of article 6, paragraph 1, introductory wording and (b) of the to London on 19 november 1976 Convention on limitation of liability for maritime claims (Trb. 1980, 23) as amended by article 3 of the Protocol of 1996 , subject to modification by the special amendment procedure provided for in article 8 of the 1996 Protocol.
2 by order in Council fixes the amount to which the liability under this title may be limited for vessels which according to their construction exclusively or mainly intended for the transport of persons and whose tonnage is not more than 300, with that amount for claims referred to in article 6, first paragraph, introductory words and point (b) to London on 19 november 1976, of the Convention on limitation of liability for maritime claims (Trb. 1980, 23) as amended by the Protocol of 1996, on a lower number of units of account can be made than is provided in article 6, first paragraph, introductory words and point (b), under 1.

3 the amount to which the liability of a rescuer to a ship which is not of a marine or inland waterway vessel from work or who work just done on the ship to which or in respect of which he aid, may be limited, is calculated to a tonnage of 1500 tons.
4 for the purposes of this title under the ship's tonnage means the gross tonnage of the ship calculated in accordance with the rules for measurement contained in annex I to the London on 23 June 1969 to established International Convention on tonnage measurement of ships, 1969.
5 at the request of the owner can by Our Minister of transport issued a statement on the gross tonnage of a ship, calculated in accordance with the rules for measurement contained in annex I to the London on 23 June 1969 to established International Convention on tonnage measurement of ships, 1969.
6 this certified statement shall be issued against payment of the costs according to a submitted by our Minister of transport fix rate.
7 for the purposes of this article and article for the purposes of 756 «» means the 1996 Protocol on 2 May 1996 to London came about Protocol amending the to London on 19 november 1976 Convention on limitation of liability for maritime claims (Trb. 1997, 300).

Article 756 1 as regards claims arise from the same incident in respect of death or injury of passengers of a ship may limit his liability to the owner the amount provided for in article 7 of the to London on 19 november 1976 Convention on limitation of liability for maritime claims (Trb. 1980, 23) as amended by article 4 of the Protocol of 1996 , subject to modification by the special amendment procedure provided for in article 8 of the 1996 Protocol.
2 under claims in respect of death or personal injury to, passengers shall, for the purposes of this article means such claims filed as a result of an occurrence to come across to any person carried on board the vessel a. on the basis of an agreement to the carriage of passengers;
b. that with the consent of the carrier, accompanies a vehicle or live animals which are carried on the basis of an agreement to goods transport.

Article 757 to the amounts specified in articles 755 and 756 is added the statutory interest rate calculated by starting from the day following the day of the occurrence, that gave rise to the claim, until the beginning of the day following the day on which he, who submitted a request for limitation of his liability, met a him under article 642c of the code of civil procedure imposed order.

Article 758 1 the limitation of liability as set out in article 755 applies to all of the following of one and the same incident resulting claims directed against (a) the person or persons named in the second paragraph of article 750 and any person for whose Act, neglect or negligence be liable in principle on this issue, or (b). the owner of a vessel of that ship from assistance , and the rescuer or aid workers from their work or do of that ship and any person for whose Act, neglect or negligence such persons in principle be liable, or c. the rescuer or aid workers to a ship which is not of a marine or inland waterway vessel from work done or do or work done or do just on the ship to which or in respect of which assistance is provided , and any person for whose Act, neglect or negligence such persons are liable in principle.
2 the limitation of liability as set out in article 756 applies to all of the following of one and the same incident resulting claims against the person or persons who in the 750, second paragraph, mentioned in article on the ship, referred to in article 756 and any person for whose Act, neglect or negligence be liable in principle on this issue.

Article 759 the unit of account referred to in articles 755 and 756, is the special drawing right as defined by the International Monetary Fund. The amounts referred to in articles 755 and 756 are converted into Dutch money to the exchange rate of the day on which the debtor meets a pursuant to article 642c of the code of civil procedure given order for deposit or other security interest. The value of the Dutch money, expressed in special drawing rights, shall be calculated in accordance with the valuation method used by the International Monetary Fund on the day of conversion being applied for its own operations and transactions.
III. Inland Navigation law title 8. The barge and the business on board section 1 thereof. Shipping company of the barge Article 770 1 where a barge is clear from the public registers referred to in section 2 of Title 1 of book 3 belongs to two or more persons jointly, between them a shipping company. When the owners of the ship under a common name action exists only a shipping company, if expressly agreed and this Act is act in those registers.
2 the shipping company is not a legal person.

Article 771 section 1 of title 3 is in the company of an inland waterway vessel shall apply mutatis mutandis.

Section 2. Rights on inland waterway vessels Article 780 1 In sections 2 to 6 of title 8 become under ships include ships under construction.
2 under inland waterway vessels are in sections 2 to 6 of title 8 include hydrofoils, ferries, as well as dredgers, floating cranes, elevators and all floating equipment, pontoons or material of a similar nature, which comply with the requirements of articles 1 and 3 with regard to inland waterway vessels stated requirements.
(3) If a ship under construction a ship within the meaning of article 1, is not a new ship.

Article 781 of this section, the following definitions shall apply: a. the Geneva Convention: the agreement concluded on 25 January 1965 in Geneva on registration of inland waterway vessels, with protocols (Trb. 1966, 228);
b. State party means a State for which the Geneva Convention;
c. Treaty registry: Netherlands in a State party held outside a registry referred to in article 2 of the Geneva Convention;
d. the public registers: the public registers referred to in section 2 of Title 1 of book 3.

Article 782 obligations imposed to the owner in this section, if the ship belongs to more people, to a general partnership, a limited partnership or a legal person, also on each co-owner, managing partner or Director.

Article 783 [expired per 01-09-2005] article 784 1 Registration is only possible-a under construction being barge: if its in Netherlands is under construction;
-a completed barge: If at least one of the following conditions are met: a. that the place from which the operation of the ship is led, usually in Netherlands is situated;
b. that, when the owner of the ship is a natural person, this Dutchman is or has his residence in Netherlands;
c. that, when the owner of the ship or a company is a legal person, its seat or the place from which his company mainly, in Netherlands is located, except that in the case of joint-ownership of the barge the conditions (b) and (c) not considered to be fulfilled, when not the ship at least for half in property owned by natural persons , legal persons or companies which meet these conditions.
2 Registration is not possible from a barge that already teboekstaat in the public registers, either as a barge either as sea-going vessel, or in a treaty registry.
3 by way of derogation from the second paragraph is registration of a barge that teboekstaat in a treaty registry possible, when this ship, after the registration in that treaty register is deleted, according to the first paragraph can be in. However, this registry has legal effect, when it is followed by annotation in the public records, that the registry is not being registered in the Convention.
4 by way of derogation from the second paragraph is registration of a barge that teboekstaat in a treaty registry possible, when the keeper of that register under the second paragraph of article 22 of Protocol No. 2 to the Geneva Convention refuses the ownership of the buyer after forced sale.
5 registration is requested by the owner of the barge. He must submit a declaration signed by him for entry to the best of his that know the ship for registration as barge.
6 The registration in the public registers has no legal effect, when the requirements of the preceding paragraphs of this article have not been met.
7 when the application for registration of residence is chosen in Netherlands. This residence is in the application for registration and residence by another in Netherlands can be replaced.

Article 785 1 the owner of a barge is required to request the registration thereof. This obligation must be fulfilled within three months, after which, not being registered according to article 784 is possible.
2 no obligation to registration exists

a. in respect of cargo ships with less than 20 tons of 1000 kilogram payload or other inland waterway vessels with less than 10 cubic meters displacement, being the water displacement expressed in cubic metres between the plane of breakdown of the empty barge into freshwater and admitted the plane of draught;
b. with regard to completed inland waterway vessels, which teboekstaan in the register of a non-State party and meet at least one of in that State in the first paragraph of article 3 of the Geneva Convention conditions;
c. with regard to inland waterway vessels, which come from a non-State party and are on their way to the country where they will have to be in.

Article 786 1 The registration shall only be cancelled on request of the party, which is listed in public records as the owner 1 °. If the registration is not or is no longer required;
2 °. If the ship teboekstaat in a treaty registry under condition of cancellation of the registration in the public registers;
3 °. If the ship in the register of a non-State party to boekgesteld and will be in that State will meet at least one of the in the first paragraph of article 3 of the Geneva Convention conditions. In this case, the deletion only legal effect, when the owner is submitted within 30 days afterwards by a declaration signed by him that the ship in the register of the said teboekstaat and meets at least one of the State in the first paragraph of article 3 of the Geneva Convention conditions.
b. at the instance of the owner or on its own initiative 1 °. If the ship is wrecked, scrapped or permanently unfit for driving;
2 °. If the ship by robbers or enemies is taken;
3 °. If the ship, if it is not in the public registers would be teboek, a sea-going ship within the meaning of article 2 or such a sea-going vessel under construction;
4 °. If the ship is not or no longer meets at least one of the in the first paragraph of article 784 for registration conditions;
5 °. If the ship teboekstaat in a treaty registry without leaving the condition of cancellation of the registration in the public registers.
2 In the cases referred to in paragraph (b) is the owner to make registration required within three months of the reason for deletion has occurred.
3 where the ship registration or provisional notes in favour of third parties exist, is deleting only, when neither third parties opposed this.
4 pull-through shall be made only after authorisation given at the request of the most diligent party by the judge.

Article 787 1 as long as the registration in the public registers is not removed from the register has registration of a barge in a register of a non-State party or establishment in a non-State party of rights thereto, for establishment in Netherlands entry in the public registers of which required would have been no legal effect.
2 by way of derogation from the first paragraph, one registration or establishment of rights as there meant recognized, when this came to pass under condition of cancellation of the registration in the public records within 30 days after the registration of the vessel in the foreign registry.

Article 788 the only property rights, one of which is in the registry may be the subject teboekstaand barge, the property, the mortgage, the usufruct and the first member listed in (b) and article 821 827 privileges.

Article 789 [expired per 01-01-1992] article 790 1 A teboekstaand barge in the public registers is a registered property.
2 for the purposes of article 301 of book 3 in respect of acts up on the foot of article 89 members 1 and 4 of book 3 are intended for the supply of such a barge, the said article referred to in the first ruling of the Dutch court not be registered, as long as they don't force of res judicata.

Article 791 Property, mortgage and usufruct on a barge by a possessor in good faith teboekstaand obtained by a continuous possession of five years.

Article 792 without prejudice to article 260, paragraph 1, of book 3 is in the notarial deed which mortgage is granted on a teboekstaand barge or a right to which such a ship is subject, clearly indicated: a. the ship subject to the mortgage;
b. the conditions for payment, or a reference to a document registered at the Office of registration in which the conditions for payment;
c. the agreed interest rate and the time or times at which this expires.

Article 793 subject to deviating from public records, sheet, includes the mortgage terms the matters which, by virtue of their destination are connected permanently with the ship and belonging to the owner of the ship. Article 266 of book 3 is not applicable.

794 article advancement takes rank after The mortgage-backed the claims, referred to in articles 221, 222, 820, 821, 831 and 832 paragraph paragraph 1, but before all other claims, which involves this or any other Act a privilege is granted.

Article 795 if the claim bears interest, the mortgage as security for the interests of fellow principal, expired, during the three years prior to the beginning of the eviction and during the course of this. Article 263 of book 3 is not applicable.

Article 796 On mortgage on a share in a teboekstaand barge is article 177 of book 3 are not applicable; the mortgage will remain in place after the disposition or allocation of the ship.

The first two paragraphs of article 264 article 797 1 of book 3 in the event of a mortgage to which a teboekstaand barge is subject, also apply to, including chartering.
2 The articles 234 and 261 of book 3 are in such a mortgage does not apply.

798 article In case of usufruct on a barge, the provisions of article 217 of teboekstaand book 3 also apply to chartering in so far as such provisions do not by their nature only on lease, rental of office space or rental of housing.

Section 3. Hire purchase of hire purchase of a Ship Article 800 1 teboekstaande inland waterway vessels in the register referred to in article 783 teboekstaand barge comes about in a notarial deed, whereby the buyer undertakes to pay a price in installments, which two or more terms appear after the seller to the buyer the ship made it available and the seller undertakes to transfer of ownership of the barge after overall payment of what is due by the buyer under the agreement.
2 the agreement is effective only if written permission is obtained from those of whose limited right or batter evidenced by an entry in the public registers, which already existed on the day of the registration of the mortgage referred to in article 805.
3 for the conditions regarding the posting of the ship may be referred to an to the Act and by parties must sign writings.
4 The power of attorney to enter into a hire-purchase should ship in an authentic instrument.

Article 801 1 the contract may be registered in the public records referred to in section 2 of Title 1 of book 3.
2 to transfer of ownership on a third of a ship in respect of which a ship huurkoopovereenkomst was already registered in the public records referred to in section 2 of Title 1 of book 3, follows these third in all rights and obligations of the seller ship rent on, which however in addition to the new owner remains bound to the agreement.
3 rights and obligations which have become due and payable before the transfer of ownership, going into the third.

Article 802 803 to 812 In the articles is huurkoper and under the ship under buyer seller ship rent seller.

Article 803 1 Parties are required in the Act to mention what part of each of the terms is to pay off the price to pay for the sale of the ship ("the purchase price"), which part stretches to pay possibly interest and what part possibly relates to the posting of the ship.
2 null and void any clause, with deviation of the first paragraph of this article provided that, in the absence or lack of clarity of the mention of the Division, referred to this at the request of the most diligent party by the right.

Article 804 void any clause according to which during the part a higher purchase price can be established.

Article 805 1 the seller must (a). the ship at the disposal of the buyer and;
b. to indemnify the buyer the effects of 1 °. a State or property of the ship 2 °. a on the ship laid tips 3 °. its bankruptcy or in respect of him by the debt restructuring arrangement natural persons 4 °. only him personally on circumstance provided that these effects cause the ship to the buyer does not provide that degree of decision may this when entering into the agreement there of is entitled to expect. The seller has no obligation to indemnify the buyer for the consequences of an actual disorder by third parties without claim of right to the ship or of a claim of right to the ship without actual disorder;

c. ensure that the benefit of the buyer on the day of agreement mortgage on the property of the ship is located at the rate of an amount equal to three times the purchase price, in respect of which the seller to the buyer in connection with the ship's hire-purchase or the dissolution thereof is or will be payable;
d. refrain from any transfer of ownership of the ship and when the buyer will have met its obligations laid down in the agreement to pay, the ship unto these in property to transfer free from after the creation of the hire purchase established ship mortgages in favour of third parties and free from above mortgage rangnemende privileges and herds in respect of claims which the seller the debtor.
2 void any clauses, which, to the detriment of the buyer of the in the first paragraph under (a), (c) or (d) certain derogations, provided that the mortgage if there under c is meant, is granted on the conditions to be agreed by the parties or in the absence of agreement in this regard on the conditions still by the Court at the request of the most diligent party if possible in accordance with the use.
3 null and void any clause, which, to the detriment of the buyer of the derogation in paragraph (b) in respect of a certain fact that the seller at the time of entering into the agreement.
4 void any clause, in which the amount of a possibly by the seller to pay damages for non-fulfilment of his obligations resulting from this article shall be determined in advance.

Article 806 to The buyer who are in the Convention has not fulfilled obligations relating to the payment, the ship is obliged to accept, provided that this smoking they owned of mortgages in favour of third parties and free from above mortgage rangnemende privileges and herds in respect of claims, which the seller the debtor.

Article 807 1 subject to Article 808, the buyer is entitled by him specifying the portions of the terms relating to the purchase price and the interest to turn to direct payment of payable interest and repayments to creditors to whose benefit mortgage on the ship is located.
2 if and to the extent that the amount due by the buyer to the seller per term is less than the amount periodically to interest and repayment to the mortgage creditor referred to in the first paragraph shall be payable, this, by way of derogation from article 29 of book 6 kept the hire purchase terms to receive paid in accordance with paragraph 1, without prejudice to the obligation of the debtor to pay the remainder due mortgage. The mortgage creditor is obliged to inform the mortgage debtor which interest and repayments due by the buyer have been paid.
(3) if the buyer to the mortgage creditor referred to in the first paragraph do know, that he has the right granted him in this article wishes to use, is the latter required the buyer to inform about the size of the remaining mortgage debt.
4 payments under this article to a mortgage creditor done, stretching in a deduction from what is owed by the buyer to the seller. The buyer shall inform the seller without delay of these payments.
5 transfer or pledge of the claim, which the seller on the buyer or the buyer shall be paid by the vendor, to the rights, which the buyer to the provisions of this article, without prejudice.
6 at public, arbitrary or sale of the ship on the business of a mortgage creditor or a creditor on the ship, the buyer has the option referred to in article 269 of Book 3. He makes use of this right, then the third paragraph shall apply mutatis mutandis.

Article 808 1 After the expiration of one year after the conclusion of the agreement, the buyer is entitled to the remainder of the purchase price due in whole or in part before the appearance of the time limits laid down in the agreement to conform with recalculation of the interest component in the periods which still owed, on the terms agreed by the parties or, in the absence of understanding to be agreed or thereabouts by the Court at the request of the most diligent party fixed .
2 void any clauses, which, to the detriment of the purchaser of this article.

Article 809 1 In case the buyer does not fulfil his obligation to pay the purchase price or interest rates, or a term thereof, the seller can do this first appeal under a made circumstances possibly returning the ship to be recovered, after putting the buyer in default and this, after a reasonable period of time at which notice of him is still held to its obligations , this fails.
2 null and void any clause, which is moving away from this article.

Article 810 1 if the agreement is dissolved as a result of the failure of the buyer to satisfy his obligation to pay the purchase price or interest rates, or a term thereof and the seller or the buyer would get as a result in a better financial situation than in continue of the agreement, parties are obliged without delay to full settlement.
2 Any clause, where the seller reserves himself the power to determine the value of the ship, shall not affect the competence of the copper this value on request by the Court, will not be affected.
3 null and void any clause, which is moving away from this article.

Article 811 [expired per 01-01-1992] article 812 void any clause, under which the agreement ends automatically.

Section 4. Privileges on inland waterway vessels Article 820 1 In case of recovery of a barge, the cost of recovery, the cost of monitoring during this recovery or sales, as well as the costs of judicial rank control and distribution of the proceeds among the creditors from the proceeds of the sale met above all other claims, which involves this or any other Act a privilege is granted.
2 In case of sale of a stranded or sunken barge, onttakeld, that the Government is in the public interest has to do clean up, the cost of the wreck clearance from the proceeds of the sale met above all other claims, which involves this or any other Act a privilege is granted.
3 The claims referred to in the previous paragraphs are in rank is equivalent and ponds-pondsgewijs paid.

Article 820a Article 292 of book 3 and article 60, paragraph 2, first sentence, third paragraph and paragraph 4, third to fifth and 299b, Member, of the Bankruptcy Act are not applicable on inland waterway vessels.

Article 821 over any other claim which involves this or any other Act a privilege is granted, subject to article 820, on a barge privileged: a. in the event of seizure: the progress made in respect of costs after the batter to preserve the ship, including the cost of reparations, which were indispensable for the preservation of the ship;
b. the claims arise from the employment contracts of the skipper or the other members of the crew, with the exception that the claims in respect of wages, salaries or rewards are only privileged to an amount owed over a period of six months;
c. the claims in respect of assistance as well as with regard to the contribution of the ship in avarij-grosse.

Article 822 where a claim under article 821 is privileged, the securities regulation and the cost in order to obtain an enforceable title being equally privileged.

Article 823 1 the privileged claims, referred to in article 821, take rank in the order in which they are ranked.
2 privileged claims under the same letter mentioned, are in rank is equivalent, but the claims referred to in article 821 (c) rank among themselves to take the reverse order of the dates on which they were created.
3 In grade equivalent receivables are ponds-pondsgewijs paid.

Article 824 821 the privileges listed in article, extend to a. all matters, which, by virtue of their destination are connected permanently with the ship and belonging to the owner of the ship;
(b) the compensation payable for the loss of the ship or for unrepaired damage, including that part of a reward for aid, a reward or a fee for ING in avarij-grosse, opposite such loss or damage. This shall also apply if this damages or claims for reward are transferred or with Lien are loaded. This, however, does not include compensation fees which are due under a contract of insurance of the vessel, which provides cover against the risk of loss or avarij. Article 283 of book 3 is not applicable.

Article 825 1 the creditor, which has a privilege on the basis of article 821, continues his right on the ship, in whose hands this also approximate.
2 for rights referred to in article 821 can be registered in the public records referred to in section 2 of title 1 of book 3. Article 24, paragraph 1 of book 3 is not applicable.

Article 826


The claims referred to in article 821, do a privilege on the ship arise and then it recoverable, even when they are generated during the operation of the ship by a person other than the owner, unless this the actual power over the ship by an unauthorized act was taken away and Moreover, the creditor was not in good faith.

Article 827 1 over any other claim, which involves this or any other Act a privilege is granted, but after the privileged claims referred to in article 821, after the mortgage claims, after the claims referred to in articles 222 and 832 and after the claim of the pledgee, are on a barge, including for the purpose of this article is not to mean a barge under construction recoverable, as a matter of priority: a. claims arising from acts which the owner, the ship's huurkoper or a freight broker and bind directly to bring or keep in company of the ship, as well as the progress made against a under article 462 461 read with article or article article 943 944 as carrier identified person with read can be made applicable. Under Act here is the receipt of a statement;
b. the claims, pursuant to section 1 of title 6 or section 1 of title 11 on the owner;
c. the claims referred to in article 1062 in so far as it resting on the owner.
2 The claims referred to in the first paragraph are in rank is equivalent and ponds-pondsgewijs paid.
3 822 824 826, The articles (a) and on the progress in the first paragraph shall apply. On the progress made in the first paragraph under (b), is also article 825.
4. Article 283 of book 3 is not applicable.

Article 828 827 after the claims referred to in article are the claims referred to in articles 284 and 285 of book 3, as far as they are not based on any other article of this title, on a barge, as a priority, recoverable.

Rights conferred under this section for The article 829 1 go through the course of a year, unless the creditor has his judicial proceedings to enforce the right. This period starts with the start of the day following that on which the claim is payable. With respect to the claim for help wage starts this term, however, with the start of the day following that on which the assistance is terminated.
2 the privilege is extinguished with the claim.
3 In case of enforceable sales go the privileges fellow reserve from the time at which the minutes of distribution is closed.

Section 5. For rights to business on board inland waterway vessels Article 830 this section applies subject to title 15.

831 1 article In case of recovery of business on board a barge, the cost of recovery, the cost of monitoring during this recovery, as well as the costs of judicial rank control and distribution of the proceeds among the creditors, from the proceeds of the sale met above all other claims, which involves this or any other Act a privilege is granted.
2 The claims referred to in the previous paragraph are in rank is equivalent and ponds-pondsgewijs paid.

Article 832 1 On business on board a barge are claims in respect of assistance and of a contribution of that matters in avarij-grosse privileged. These claims take rank after those which appear in articles 210, 211, 221, 820, 821 and 831, but before all other claims, which involves this or any other Act a privilege is granted.
2 on at transport retrieved cases are privileged the claims arising from a contract of carriage with respect to that business closed or article 488 or article 951 arising, only to the extent to the carrier article by article 489 954 or a right to the business. These claims take rank after those which appear in the first paragraph and in articles 204 and 794, but before all other claims, which involves this or any other Act a privilege is granted.

833 article where a claim under article 832 privileged, the securities regulation and the cost in order to obtain an enforceable title being equally privileged.

834 1 The article claims in respect of aid or contribution in avarij-grosse, who privileged on the basis of article 211 article 222, first paragraph, article or article 821 832 first member, take mutual rank to the reverse order of the dates on which they were created.
2 the privileged claims in the second paragraph of article 832 listed in rank is equivalent.
3 The claim referred to in article 284 of Book 3 takes rank after the claims referred to in the previous paragraphs, regardless of when that right arose.
4 In grade equivalent receivables are ponds-pondsgewijs paid.

Article 835 the privileges referred to in article 832, extend to compensation payable for loss or unrepaired damage, including that part of a reward for aid, a reward or a fee for ING in avarij-grosse, opposite such loss or damage. This shall also apply if this damages or claims for reward are transferred or with Lien are loaded. This, however, does not include compensation fees, which are due under a contract of insurance which provides cover against the risk of loss or avarij. Article 283 of book 3 is not applicable.

Claims referred to in article 832 article 836 do a privilege on the issues listed there and then thereupon at priority recoverable, even though their owner at the time, that the privilege originated, not the debtor of these claims.

Article 837 1 with the delivery of the goods to the owner, except in the case of article 559, referred to in article 832 privileges. They will also be extinguished with the advancement and, in case of sale not timely resistance to do against the allocation of the purchase price as well as by judicial order.
2 they continue to exist, as long as the business pursuant to articles 955 or 574 are stored or 490, under article 626 or article 636 of the code of civil procedure is complete.

Article 838 the seller of fuel for the machines, of boiler water, food or supplies it can put it in section 8 of title 1 of book 7 right granted for only 48 hours after the end of the delivery but this also if the goods are situated in the hands of the owner, the ship's huurkoper, a bareboat charterer or a time charterer of the vessel.

Section 6. Final provisions article 840 1 sections 2 to 5 of title 8 do not apply to inland waterway vessels, which belong to the Empire or any public body and intended exclusively for the exercise of public power or a. b. non-commercial public service.
2 The decision declaring the destination referred to in the first paragraph is fixed, can be registered in the public records referred to in section 2 of Title 1 of book 3. Article 24, paragraph 1 of book 3 is not applicable.
3 The registration authorizes the Registrar to cancellation of the registration of the ship in the public registers referred to in section 2 of title 1 of book 3.

Article 841 1 need in sections 2 to 6 of title 8 regular topics in the importance of proper implementation of the law conditions, then it shall do so by or pursuant to order in Council, without prejudice to the possibility to control under the Kadasterwet.
2 referred to in the first paragraph In the order in Council can, by way of derogation from article 786 second member, a detailed arrangements be given as to the period within which the owner of a barge, on which the first paragraph under (b) at fifth of that article applies and whose registration in the foreign registry took place, before the Geneva Convention for the State of that registry goes into effect , required to make declaration of cancellation of the registration.

Title 9. Crew of a barge section 2. SA Article 860 1 the skipper is mandatory for the interests of shippers and of the copyright holders on the on board matters, if possible also after discharge thereof, to guard and the measures that are necessary for that purpose, to take.
2 if it is necessary to represent these interests without delay to perform legal acts, is the skipper duly authorised. Under Act here is the receipt of a statement understood.
3 as far as possible he's special for fall immediately gives knowledge to the stakeholders of the goods in question and he acts in consultation with them and according to their orders.

Article 861 1 limitations of the legal authority of the skipper shall be construed against third parties only when that their known are made.
2 the skipper connects itself only then, when he exceeds the limits of his jurisdiction.

Title 10. Operation section 1. General provision Article 880 On the operation of a barge articles 361 to 366 shall apply mutatis mutandis.

Section 2. Agreement of carriage of goods by inland waterways Article 889


Parties may agree that by way of derogation from sections 1 and 2 and by way of derogation from section 1 of title 20 the provisions of the Budapest Convention on the contract for the carriage of goods by inland waterways (CMNI) on the transport.

Article 890 1 the agreement of goods carriage within the meaning of this title is the contract of carriage of goods, whether or not time-or travel chartering, whereby one party (the carrier) in front of the other party (the sender) connects business exclusively on board a ship to transport on inland waterways.
2 maritime and Inland Waterway Transport on board a ship, that both of these waters and the same Badri, is considered as transport on inland waterways, provided that this sailing ship Sea apparently subordinate to sailing on inland waterways.
3 transport by sea and inland waterways on board a ship, which is not self-propelled and these two waters Badri, is considered as transport on inland waterways as far as, taking account also of the second paragraph of this article, sailing of the wave power transmitting ship as boating on inland waterways is considered. As far as this is not the case, it is considered as transport by sea.
4 this section shall not apply to agreements for the transport of postal items for the application of the universal postal service within the meaning of the postal law 2009 or under an international postal agreement. Subject to article 980 is this section not apply to agreements for the transport of luggage.

Article 891 this section let the titles 7 and 12 of this book.

Article 892 1 Time or travel chartering in the meaning of this section is the agreement of goods transport, which the carrier undertakes to transport on board a ship, that he, other than by way of bareboat charter, in whole or in part and whether or not on time base (time chartering or travel chartering) makes available to the sender.
2 the agreement of hulls is the time chartering to carriage of goods within a port complex.
3 space chartering is the journey of the ship at an affreightment to content certain freight.
4 under "carrier" is mentioned in the first paragraph in this section the carrier, under "charterer" the sender.

Article 893 legal provisions about rent, safekeeping and on loan are on posting of a ship, other than by way of bareboat charter, not applicable.

Article 894 1 At vervracht in advance of a transfer of ownership, whether or not teboekstaand, ship on a third follows this in all rights and obligations of the carrier, which however beside the new owner remains bound to the agreement.
2 rights and obligations, which have become due and payable before the transfer of ownership, going into the third.

Article 895 the carrier is obliged to receive transport to deliver business at destination in the State in which he received them.

Without prejudice to article 895 896 article the carrier to transport obligated to transport receive business without delay.

Article 897 1 In case of time chartering is the carrier required to instruct the skipper within the limits set by the agreement to follow the orders of the charterer. The carrier guarantees, which the instructions given to him.
2 the shipper guarantees, that the ship the spots or places, where he in loading, discharge or otherwise on the basis of the first paragraph to go, can safely reach recommends, taking and leaving. If these spots or places do not seem to comply with these requirements, the charterer only so much not liable if the skipper, to follow orders given by the him, acted unreasonably.
(3) without prejudice to article 943 is the freight broker Commission connected by and he can derive rights from a legal act, which the skipper carried out pursuant to the first paragraph of this article. Under Act here is the receipt of a statement understood.

Article 898 1 the carrier shall not be liable for damage caused by a damage, to the extent that this is caused by a circumstance that a carrier has not been able to avoid carefully and in so far as such a carrier has not been able to prevent their consequences.
2 in respect of reliability and fitness of the ship and of the material, from which he uses or makes available, is of the carrier the care required of a carrier, who carefully carries on board own ship and use your own equipment. For inferiorly or unsuitability of material, which by sender or receiver is at the disposal of the carrier, the carrier shall not be liable, in so far as a carrier of such material would have operated carefully.
3 under damage be include partial or complete loss of business, delay, as well as any other damage causing fact.

Article 899 is suspected that a carrier has not been able to avoid carefully the following conditions: a. brand;
b. blast;
c. heat;
d. cold;
e. action of rodents or vermin;
f. decay;
g. leakage;
h. melt;
i. ignition;
j. corrosion.

Article 900 When transported business damage or suffer a loss, to which they are subject by their nature light, when live animals die or be damaged, or when the sender in a dammed cases to undamaged container container damage or suffer a loss, it is suspected that the carrier nor the circumstance that caused this damage or loss has been able to avoid this nor has been able to prevent this circumstance to this corruption or this loss led.

Article 901 1 the carrier shall not be liable for damage caused by a damage as far as this, anyway, is caused by an Act, negligence or omission of one or more persons on board the ship, the tug or the pusher, committed at the navigation thereof, unless the navigation error would not have been made if the carrier in the selection of these individuals would have acted as a carefully carrier may be expected. The certain in the previous sentence also applies to the extent that the damage was caused by a navigation error occurred after the circumstance, which a carefully can avoid or which carrier has the consequences such a carrier reasonably prevent. Errors committed in putting together a drag or a navigation error if duweenheid are here.
2 for damage caused by its own navigation errors, the carrier shall only be liable, when he committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
3 under damage be include partial or complete loss of business, delay, as well as any other damage causing fact.

Article 902 1 void any clause, in which the printing area on the carrier liability under article 895 or burden is reduced otherwise than for the purposes of this section, unless the subject: a. occurred before or damage resulting from a circumstance lying before loading in or after unloading from the ship;
(b) the carriage of goods which, by their nature or conditions justify a special agreement and whose transport must be carried out under circumstances or conditions, which justify a special agreement. However, certain it here but, if no Bill of lading for the carriage of these cases to order or bearer according to its terms, but a non-marketable document has been issued and it doesn't concerns a commercial cargo, shipped at the occasion of a commercial operation.
2 by way of derogation from paragraph 1, the Parties shall be free at a particularly in relation to the intended transport contracted and in a separate, not in another writings common terms referring to stipulate that the agreement laid down writings, carrier shall not be liable for damage caused by a damage, to the extent that this is caused by a clearly defined method of treatment in that agreement of business or inferiorly or unsuitability of ship or material. Despite such a clause the carrier liable for by the described method of treatment or inferiorly or disability caused damage, to the extent that a carrier could prevent this carefully.
3 Is for a bill of lading or other transport document issued, then, under penalty of nullity of a clause as referred to in paragraph 2, be expressly referred to this individual writings.
4 under damage be include non-delivery and partial or complete loss of business.

Article 903 1 as far as the carrier is liable due to failure on him under articles 895 and 896 the sender has no obligation, law other than to demand payment of an amount, which is calculated taking into account the value which would have had the ten transport business as got as, at the time when and in the place where , they are delivered or they should have been delivered.
2 referred to in the first paragraph value is calculated to the rate on the commodity exchange or, when there is no such rate, to the current market value or, if this is missing, the normal value of goods of the same type and capacity.

3 the carrier shall in no event be liable for any loss or damage of or to business or regarding this, if nature or value is specified by the sender intentionally false and, if a bill of lading is issued, in it wrongly.
4 void any clauses, which this article at the expense of the carrier.

Article 904 1 If in connection with a case help wage, a contribution in avarij-grosse or damages under article 951 shall be payable, it is classified as a depreciation of that case.
2 void any clauses, which this article at the expense of the carrier.

Article 905 1 as far as the carrier is liable due to failure on him under articles 895 and 896 obligations, he is not liable above by or pursuant to order in Council to determine amounts.
2 void any clauses, which this article at the expense of the carrier.

Article 906 1 the carrier can not rely on limitation of his liability, to the extent that the damage arose from his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
2 null and void any clause, which is moving away from this article.

Article 907 The consignor shall the carrier suffers the damage caused this because the agreed services, for any reason whatsoever, not at the agreed place and time at his disposal.

Article 908 1 Before business at the disposal of the carrier, the sender shall be entitled to use the agreement.
2 with the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever in the whole no business at the disposal of the carrier, then this, without any notice is required, enter into the agreement.
3 Are at the expiry of the time referred to in the second paragraph, for any reason whatsoever, the agreed services only partially available to the carrier then this, without any notice is required, shall be entitled to use the agreement to accept the travel. The sender is on desire of the carrier in case of termination of the agreement required to discharge of the already dammed Affairs or, in the case the carrier accepts the trip and the departure of the ship without herstuwing of the already dammed business is not possible, to this herstuwing.
(4) the termination shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable and the agreement ends at the time of receipt, but not before discharge of the goods.
5 The consignor shall the carrier good any damage caused this suffers as a result of the termination, of the acceptance of the trip, or of discharge or herstuwing of already taken matters.
6 this article shall not apply in case of time chartering.

Article 909 1 In case of travel chartering is the carrier after receiving what he of the charterer has to be recovered, on his desire to accept the travel required with a portion of the agreed matters. The charterer is obliged the carrier the Freight about non's disposal before the start of the transport.
2 the carrier shall have the power in place of the missing business other. He is not kept the cargo, which he receives for the transport of these, with the freight broker to set it off, except in so far as he has for its part of the charterer's disposal has not collected on cargo or advanced.
3 departure Is not possible without herstuwing of the already dammed Affairs, then the charterer on desire of the carrier to this herstuwing required. He is also the carrier of this good any damage caused by herstuwing already taken business suffers.

Article 910 1 The consignor shall the carrier about the business and processing them to do all those tasks in a timely manner, to which he is or ought to be, and which he knows or ought to know, that they are important for the carrier, unless he can assume that the carrier knows this information.
2 the carrier shall be entitled, but not obliged, to examine whether the specifications stated to him are correct and complete.
3 Is at the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever not supported or are only partially fulfilled the obligation referred to in paragraph 1 of this article of the sender, then, except in the case of time chartering, the second, third, fourth and fifth paragraph of Article 908 and the fifth paragraph of article 911 shall apply mutatis mutandis.

Article 911 1 The consignor shall the carrier suffers because the damage caused this, from any cause whatsoever not properly present the documents and information, which are required on the part of the sender for the transport or to comply with before the delivery of the goods to fulfill customs and other formalities.
2 the carrier shall be obliged to use reasonable care that the documents, which in his hands are not lost or mishandled. A compensation due by him to the point that, under articles 903 due to 906 in case of loss of the goods.
3 the carrier shall not be obliged, but entitled, to examine whether the specifications stated to him are correct and complete.
4 Are at the expiry of the time within which the documents and information referred to in the first paragraph need to be present, this, from any cause whatsoever not present properly, then, except in the case of time chartering, the second, third, fourth and fifth paragraph of Article 908 shall apply mutatis mutandis.
5 if by not properly present the documents or information referred to in this article of the carriage of goods or another sender on this trip is extended as a result of delay in starting or its progress, the compensation will not be less than the demurrage on the number of hours, with which the transportation is extended.

Article 912 1 When before or at the offer of the goods to the carrier conditions on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 913 1 the sender is obliged to compensate the damage, which the carrier material, which he made available or things received in transport or processing them, harmed the carrier except to the extent such damage is caused by a circumstance that a sender of the ten transport carefully retrieved business has not been able to avoid and the consequences of which could not prevent such a sender.
2 this article article shall be without prejudice to the provisions concerning avarij-914 and grosse.

Article 914 1 In transport business, which received a carefully carrier, if he would have known that they could pose danger after their receipt, to this end, not at the transport would have wanted to receive, by him may at any time and at any place be unloaded, destroyed or otherwise rendered harmless. With regard to the transport business, which the carrier received the dangerousness has known, the same is true but only then when they immediately threatening danger.
2 If the carrier on the basis of the first paragraph shall be entitled to unload, destroy or otherwise neutralizing matters, is the sender on desire of the carrier and when reasonably possible, required him to take this measure.
3 by establishing the measure referred to in the first or second paragraph ends the contract relating to the items listed there, but if it be unloaded first after this discharge. The carrier must inform the sender, the party to whom the goods are to be delivered and to be the same, to whom he possibly issued in accordance with the provisions of a bill of lading or Bill of lading must send notice of arrival of the ship. This paragraph shall not apply in relation to matters that the carrier having taken the measure referred to in paragraph 1 or 2 to their destination.
4 according to the standards of reasonableness and fairness are parties after termination of the agreement to compensate the damage suffered thereby each other.
5 if business after termination of the agreement will in fact be delivered, is suspected, that they are at the time of termination of the agreement stood in the State, in which they actually have been delivered; they are not delivered, then is suspected, that they are at the time of termination of the agreement have been lost.

6 If the sender after actual delivery carries a case not to her destination, the difference between the values in destination and on site of the episode, both referred to in the second paragraph of article 903, classified as depreciation of that case. The sender conveys a case after the actual episode still to her destination, the cost to this end which he classified as depreciation of that case.
7 On the actual delivery is agreed upon between the parties as well as in this section concerning the delivery of certain business shall apply, on the understanding that this not actual delivery on the basis of the second sentence of the first paragraph or on the basis of the third paragraph of article 947 the freight due does. 955, 956 and 957 articles shall apply mutatis mutandis.
8 this article shall be without prejudice to the provisions concerning avarij-grosse.
9 void any clauses, which of the first or the second paragraph of this article.

Article 915 1 both the sender and the carrier can transport a document on the subject (consignment note) format and require that this or any other party may by their formatted document, is drawn to them by their other party and shall be issued. This document is neither order nor to the bearer. The signature can be printed or by a stamp or any other feature of origin be replaced.
2 In the Bill of lading on the basis of information to be provided by the sender indicated: a. receive the ten transport affairs, (b) the place where the carrier has received the affairs at transport, c. the place to which the carrier takes on the business to transport, d. the recipient, e. freight, f. already which is jointly to sender and carrier sees fit.
The sender is responsible for the accuracy, at the time of receipt of the business, of the information provided by him.
3 signed by the sender does not in itself that he recognizes the accuracy of the notes the carrier on the Bill of lading in respect of the business.

Article 916 1 On the sender's desire expressed for commencement of the loading, the carrier required for business, which he received in transport, a bill of lading, date, sign and against withdrawal of a receipt or ligcognossement, that should be issued by him, to the sender. The sender is required, the data needed to format to provide the Bill of lading and is responsible for the accuracy at the time of the reception of the goods. On desire of the carrier the sender is obliged to sign the Bill of lading or a signed copy thereof available to him.
2 when the goods they transport are loaded by the carrier are received, is this required on desire of the sender a receipt or a bill of lading for the time, date, sign and issue. The consignor shall the data, which are necessary for the preparation of this document, and he is responsible for the accuracy at the time of the reception of the goods.
3 after loading is complete, the carrier on the sender's desire for the time being such a bill of lading required either to exchange it against a bill of lading, as in the first paragraph, either on the preliminary bill of lading the name of the ship or the ships, on board which the cases were loaded, and the date or dates of the loading and then this data to sign.
4 the signing can be printed or by a stamp or any other feature of origin be replaced.

Article 917 If a transport contract is concluded and in addition, a bill of lading is issued, subject to article 940, paragraph 2, second sentence, the legal relationship between the carrier and the shipper by the terms of the contract of carriage and not of this Bill of lading governed. Subject to the first paragraph in article 940 requirement of proprietorship of the Bill of lading, proof of their this then only up to the receipt of the goods by the carrier.

Article 918 the Bill of lading as long as ligcognossement is, the received transport affairs, at the place where the carrier has received them to the transport, the place to which the carrier takes to transport them, the vessel on board which cases are loaded, and the recipient.

Article 919 1 In the Bill of lading is at the discretion of the sender, the recipient, identified either by name or other designation, either as order of the sender or of another, either as bearer. On desire of the carrier is listed to whom this knowledge can give that he is ready to solve.
2 the single words "to order" shall be deemed to indicate the order of the shipper.

Article 920 The negotiable bill of lading, in which copies of a is indicated how many of these copies have been issued at all, all for one and one for all.

Article 921 1 the Bill of lading, proof to the contrary, proves that the carrier has received and what their business nature, such as this in it in general are defined and, moreover, such as this contain a reference to number, weight or size. Rebuttal against the Bill of lading is not permitted, when it is transferred to a third party in good faith.
(2) if in the Bill of lading the clause: "nature, number, size or weight unknown" or any other clause of such plans is included in the Bill of lading, bind such a common entries about the business the carrier shall not, unless he is proven, that the nature, number, size or weight of Affairs has known or should know.
3 A Bill of lading, that externally visible state or condition of the case does not mention, also, provides proof to the contrary that towards a third party is possible, a presumption that the carrier that matter as far as appearance visible in good condition or conditions.
4 signed by the sender of the Bill of lading or by a copy thereof does not in itself that he recognizes the accuracy of the notes that the carrier placed on it in respect of the business.

Article 922 1 references in the Bill of lading shall be deemed only those terms in it, that for the party, to which a job is done, clear.
2 such a job is only possible for him, that at the written request of the party against whom this job can be done or is being done, to these terms without delay to forward that has.
3 null and void any clause, in which the second paragraph of this article.

Article 923 A Bill of lading to order is delivered in accordance with the rules laid down in section 2 of Title 4 of book 3.

Article 924 provision of the Bill of lading before the delivery of the goods by the carrier shall be deemed to be delivery of that matters.

925 article the carrier is obliged to designate place of loading and discharge in a timely manner; in case of time chartering, however, is article 897 of application and in case of travel chartering Article 926.

Article 926 1 In case of travel chartering is the charterer obligates the place of loading and discharge to designate in a timely manner.
2 he must designate a place, where the ship can safely come, lie, loading or unloading and from which it can safely leave.
3 If the place is not available, run loading and unloading time as they would have walked when this place though would have been available.
4 when the charterer does not meet these obligations, is the carrier without any reminder is required competent itself the place of loading or discharge.
5 If the shipper designates more than one place, the time needed for the stories and used loading or unloading times. The cost of stories are for his account.
6 the charterer guarantees, that the ship on the spot, he on the basis of the first paragraph in loading or unloading, loading or unloading, are safe, and from there can safely leave. If this place turns out not to comply with these requirements, the charterer only so much not liable if the skipper, to follow instructions, given to him by the unreasonable acted.

In case of travel article 927 When chartering the charterer has the power to designate further loading or port of discharge, Article 926 shall apply mutatis mutandis.

Article 928 In case of space chartering are all costs and time of absence, caused the ship to the place where it should be made available to do so, shall be paid by the charterer. The fee for lost time will not be less than the demurrage for the hours used.

Article 929 1 the carrier is obliged to the ship in loading and discharge.
2 The consignor shall the Affairs on board the ship loading and stowage and the receiver is required to resolve them from the ship. When the carrier in indications for the safety of navigation or to prevent damage they are required to follow.

Article 929a 1 the carrier shall inform the ship available to the sender with at least the information required under the water law and order in Council certain losstandaard. As soon as loading, the ship shall be deemed to comply with this requirement.

2 the sender and the receiver – and in the case of a transhipment installation they use in their place the operator thereof – are towards each other and towards the carrier required for each of them under the environmental management act or the water law and order in Council prescribed measures relating to the loading and unloading of the ship. As far as it concerns their mutual obligations can the sender and the receiver agree otherwise than from the preceding sentence.
3 null and void any clause, in which the first or second paragraph on other divergences than according to those members is permitted.

Article 930 1 load time commences on the day following the day on which the carrier to the sender or to a person designated by it the ship has reported.
2 If the the sender is known, that the ship is on the day of the conclusion of the agreement in the place of loading, the carrier considered on that day the notification referred to in the first paragraph.

Article 931 1 as far as the carrier is required to load, he is held in the agreed loading time doing it.
2 as far as the sender is required to load or stowage, he stands that this in the agreed loading time.
3 when the sender is entitled demurrage is stipulated, this time after the expiry of the loading time for loading and stowage case.
4 Defines the contract of carriage, but not demurrage the demurrage, then this time set at four consecutive days or, if on the mooring place another number of reasonable or customary, on this number.
5 the load time is shortened with the number of hours, that the loading, the carrier or the ship previously started on desire of the sender previously held than the time available before the loading, which pursuant to the first paragraph of article 930 entered load time. He will be extended by the number of hours, that the ship after starting the work time on the day, on which the load time, not yet before the loading was available.
6 loading time, demurrage and the stipulated in paragraph 4 be referred to demurrage days, as far as the sender to loading or stowing is required, extended with the hours, that cannot be loaded or stowed by fault of the carrier or by conditions located in the ship or in the material of the ship which the carrier or the shipper uses. They take a end, when loading and stowage.

Article 932 1 the sender is obliged to pay demurrage for the demurrage with the exception of the hours mentioned in the first sentence of the sixth paragraph of article 931. He is moreover required the carrier to compensate the damage when, from any cause whatsoever of the carriage of goods or another sender on this trip is extended as a result of delay in the initiation or conduct of this transport, arise because the sender had not completed loading and stowage in the load time and the agreed or legal demurrage. These damages will not be less than the demurrage on the number of hours, with which the transportation is extended.
2 the legal provisions concerning penalty clauses do not apply to contract terms relating to demurrage.
3 debtors of demurrage and possibly under the second paragraph of article 931 of them jointly and severally to pay compensation owed are connected.
4 the rules shall also apply, if necessary, established by order in Council, in respect of the number of loading and losdagen, the calculation of the loading, unloading and demurrage, the amount of the demurrage, the way to transport or transported the weight of business is determined, the duration of working hours and the hours, which it begins and ends , as far as not in local regulation other hours of starting and ending are determined, and the fee for or the inclusion of nights, Saturdays, Sundays and thus assimilated days in whole or in part, if in the night-time or loaded, stowed and unloaded on these days is, as well as the beginning of loading and unloading time and the days and hours, on which notifications of loading or losgereedheid can be made.

Article 930, 931 932 933 articles find and apply mutatis mutandis to solve.

Article 934 1 except in the case of time-travel or chartering the carrier began when, after loading, the ship perishes or is found to be damaged, that the recovery, necessary to implement the agreement, not without defense-in-depth measure is possible, after discharge of the jurisdiction to terminate the agreement, provided that he does this as soon as possible; a measure to restore, that discharge of the entire load, is suspected to be a defense-in-depth measure.
2 it is suspected that the sinking or the damage to the ship is due to a circumstance, which shall be borne by the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
3 notify the carrier, if possible, the sender, the recipient, and the party to whom he possibly issued in accordance with the provisions of a bill of lading to send message of readiness to resolve.
4 the fifth, the sixth and the seventh paragraph of article 914 apply.

Article 935 1 In case of time or travel chartering is the carrier, provided that he does this as soon as possible, shall be entitled to use the contract in whole or with respect to a portion of the business to say explicitly whether or not, when the ship, without the sinking is, turns out to be damaged, that, in the opinion of the carrier, the recovery necessary for the implementation of the agreement, not worth is whether this recovery is not possible within a reasonable time.
2 when in case of travel chartering the carrier received business already on board, albeit not in the freight ship, despite the termination of the agreement, transport to their destination, this transport is suspected on the basis of the original agreement.
3 by the termination ends the agreement, but with regard to receive business already on board, first after discharge of that matters.
4 with regard to receive business already at transport is suspected, that the damage to the ship is due to a circumstance, which shall be borne by the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
5 the carrier must inform, as soon as this is possible, the shipper, the consignee and the party to whom he should send message of readiness to resolve.
6 the fifth, the sixth and the seventh paragraph of article 914 apply except that in case of time chartering to freight payable at the time of the discharge of the business.

Article 936 1 In case of time or travel chartering terminates the agreement with the sinking of the ship.
2 with regard to receive business already at transport is suspected, that the sinking of the ship is due to a circumstance, which shall be borne by the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
3 carries the carrier despite the sinking of the ship business already on board were received to their destination, in case of travel on the basis of this transport affreightment suspect the original agreement.
4 the carrier must inform, as soon as this is possible, the shipper, the consignee and the party to whom he should send message of readiness to resolve.
5 the fifth, the sixth and the seventh paragraph of article 914 apply.

Article 937 1 the sender is, unless a bill of lading is issued, empowered themselves or to designate another as the recipient, the recipient's to change a given indication, to view or change orders on the episode or episode of at transport retrieved business before the arrival at destination, as far as the carrier to comply with these instructions can reasonably and as long as his carrier and the other stakeholders in the relevant load compensation. He is required to contribute in a avarij avarij-grosse-grosse, when the Act took place with a view to a circumstance, which already before the episode is proven. When the ship to a previously agreed place or place is dangers, he is obliged to give the carrier a reasonable fee in this respect.
2 he can not exercise these rights, when the following are indications the trip would be delayed.
3 these rights of the sender to the recipient all expire as losplek takes matters in discharge or the recipient of the compensation demands because these matters not carrier delivers them.
4 cases, which have been delivered pursuant to the first paragraph, be classified as goods delivered at destination and the provisions of this section concerning the delivery of business, as well as articles, 955 956 957 and apply.

Article 938


1 if a bill of lading is issued, is the sole officer thereof referred to in article 940 and then only on surrender of all negotiable copies of this Bill of lading shall have jurisdiction, to the extent that the carrier can reasonably meet, this episode of all common contained therein before the arrival at destination, as long as his carrier and the other stakeholders in the relevant load compensation. He is required to contribute in a avarij avarij-grosse-grosse, when the Act took place with a view to a circumstance, which already before the episode is proven. When the ship to a previously agreed place or place is dangers, he is obliged the carrier in this area in addition to a reasonable fee.
2 he can not exercise this right, when by the premature episode the trip would be delayed.
3 business, which have been delivered pursuant to the first paragraph, be classified as goods delivered at destination and the provisions of this section concerning the delivery of business, as well as articles, 955 956 957 and apply.

Article 939 if no Bill of lading but to the sender a bill of lading is issued, mentions a recipient also has this recipient the right delivery of the goods to the carrier in accordance with the obligations of the carrier; 903, 905 and 906 are the articles shall apply mutatis mutandis.

Article 940 1 if a bill of lading is issued, only the regular holder thereof, unless he has become, not the lawful holder against the carrier under the Bill of lading the right delivery of the goods in accordance with the obligations of the carrier; 903, 905 and 906 are the articles apply.
2 vis-à-vis the holder of the Bill of lading, which is not the sender was held under Bill of lading, the carrier and can he appeal to the clauses of this Bill of lading. Against any holder of the Bill of lading the Bill of lading clearly discernible from the rights to enforce payment. Vis-à-vis the holder of the Bill of lading, which was also the sender, the carrier also within the terms of the contract of carriage and on his personal relationship to the sender.

Article 943 article 941 1 If several persons are to be regarded as a carrier under the Bill of lading are referred to in article 940 this towards the first Bill of lading holder jointly and severally.
2 In the case referred to in the first paragraph, each of the carriers shall be entitled from the Bill of lading Bill of lading holder to exercise rights vis-à-vis the sheet and this is done up to the carrier to any payable amount under the Bill of lading to one of them. Title 7 of book 3 is not applicable.

Article 942 of the holders of different copies of the same Bill of lading has he does best right, holding the copy, which after the common foreman, who was holder of all those copies, has become the first another holder in good faith and for consideration.

Article 943 1 without prejudice to the other members of this article shall be regarded as a carrier under the Bill of lading the Bill of lading that he signed or for whom another this signed and he whose form for the Bill of lading. Is the Bill of lading or not signed, then the other party on unreadable manner by the sender as a carrier under the Bill of lading.
(2) if the SA or another for him the Bill of lading is signed, in addition to those mentioned in the first paragraph, that time-travel or freight broker, which carrier is at the last agreement in the chain of exploitation agreements referred to in section 1 of title 5, as a carrier under the Bill of lading. If the ship in bareboat charter is published in addition to these any time-travel or freight broker also the last as a carrier under the Bill of lading bareboat charterer. The ship is not in bareboat charter issued, in addition to the drive types listed here any time or travel as a carrier under the Bill of lading the freight broker owner.
3 by way of derogation from the preceding paragraphs, only the latest bareboat charterer or the owner, as a carrier under the Bill of lading the Bill of lading only if this bareboat charterer or the owner, expressly designates as such and, in the case of designation of the bareboat charterer, in addition, his identity from the Bill of lading clearly is.
4 this article is without prejudice to the second paragraph of article 861.
5 null and void any clause, which is moving away from this article.

Article 944 1 the first paragraph, first sentence of article 943 finds no application if a person identified as a carrier under the Bill of lading there proves that he signed him that the Bill of lading for the limits of his jurisdiction exceeded or that the form without his permission. Nevertheless, one in the first paragraph, first sentence of article person referred to as a carrier under the Bill of lading 943, if the holder of the Bill of lading proves that at the time of issuance of the Bill of lading, on the basis of a statement or conduct of him for who is signed or whose form is used, could be assumed that he was competent to do so signed or that the form was used with permission.
2 by way of derogation from the first paragraph, the shipping company as a carrier under the Bill of lading if her book holder by signing the Bill of lading exceeded the limits of his competence, but not tied to the first holder of the Bill of lading at the time of issue thereof knew that the book exceeded the limits of his power holder.
3 relying on the second paragraph of article 943 is possible also if the skipper by signing the Bill of lading or by another the power to refer this to sign on his behalf, the limits of his jurisdiction, but such appeal is not open to the first holder of the Bill of lading at the time of issue thereof knew the skipper the limits of his jurisdiction.
4 the third member finds also apply if he signed the Bill of lading on behalf of the skipper in the limits of his jurisdiction.

Article 943 to 945 1 Is a carrier under article more than that arising from his chartering is obligatory or he received less than to which he is entitled for that purpose, then he has-provided that the signing of the Bill of lading or the issuance of the form took place under the in certain, or at the request of the charterer-bear on this last story.
2 the same applies to a charterer pursuant to paragraph addressed, which in turn carrier is.

Article 946 1 the holder of the Bill of lading, which extends to receipt of the goods, is required, before it has received, the Bill of lading discharge and to the carrier.
2 he is entitled der issuing the Bill of lading as security in one, in the event of a dispute at the request of the most diligent party by the right, third bail until things are delivered.
3 Unless the Bill of lading in accordance with paragraph 1 of discharge is provided and to the carrier has been issued, the recipient is mandatory as of the delivery of the goods receipts for this issue, as far as at least this the episode not unreasonably slows down.

Article 947 1 A third part of the cargo, calculated over the business, received at transport-or, where a clause as "franco cargo for receipt" is made, two-third portion thereof shall be payable for the time being, that the carrier receives business in transport or, when a bill of lading or Bill of lading is issued by him, upon issuance. The other freight is due after delivery of the goods at destination or on the spot, where the carrier them having regard to the provisions of article 937 938 or article. Is determined by weight or volume of the cargo business, then he is calculated for this information on delivery.
2 when Affairs be delivered, but not in the destination, distance freight due. This is calculated based on the distance covered by the business portion of the transport and the costs incurred by the carrier. This takes into account the entire duration and length of the transport and the total of the costs to be incurred by the carrier.
3 cargo, that in one sum for all matters is provided, even when only a portion of that business at destination is delivered, in his due in full.
4 Freight, which is forward to meet or met is, has been and continues to be-except in the case of time-in his due in full, even if the business not be delivered at destination.
5 Business, which are not delivered, are nevertheless classified as not deliver items delivered as far as the result of the nature or a lack of business, or by an act or omission by a recipient or the sender, recipient or recipient of the business.
6 when the cargo in the Bill of lading at a lower amount is set than in the contract of carriage, the difference to the carrier forward.

7 when the sender not the freight payable before the start of the transport, the carrier shall have the power to suspend the departure of the ship. With the permission of the Court he is entitled to take the measures referred to in articles 955 and 957. Is he going to do about it, then these articles as well as article 956 shall apply. The sender is obliged to compensate the damage the carrier, when, from any cause whatsoever of the carriage of goods or another sender on this trip is extended as a result of this suspension. These damages will not be less than the demurrage on the number of hours, with which the transportation is extended.

Article 948 for cases by a crewman on own account in violation of legal ban be transported is the highest at the time of loading freight payable for similar matters could be stipulated. This freight is payable even when the business not be delivered at destination and the receiver is jointly and severally with the shipper for this cargo.

949 article subject to the last sentence of the sixth paragraph of article 935 is in case of time chartering cargo not be payable for the time, that the charterer not in accordance with the terms of the chartering the ship at his disposal has a. as a result of damage relating to its application, or b. by the carrier in the performance of its obligations is inadequate more than 24 consecutive hours, provided that the vessel is not available to the charterer.

Article 950 1 At time chartering come fuel the propulsion plants and the lubricating oil, the port rights and similar rights and expenses, payable as a result of travel and transporting business, carried out at the expense of the charterer. Other expenses of the operation of the ship shall be borne by the carrier.
2 by hulls come the port dues payable by the carrier, unless the ship move to another municipality. In that case, the port dues payable in that other municipality, as well as the port dues payable after returning to the original municipality, shall be paid by the charterer.

Article avarij without prejudice to about 951-grosse certain and without prejudice to section 1 of Title 4 of book 6 are the sender and the receiver and, if a bill of lading is issued, the holder thereof referred to in article 940, jointly and severally to reimburse the carrier connected the damage suffered by itself as agent became involved with the representation of the interests of a recipient to receive transport business or because the master are in the articles 261 or 860 obligations have been met.

Article 952 Only a written and unambiguous prior circumstances does not relieve the shipper of its obligations in respect of transport.

The carrier is obliged the article 953 1 amounts, which as on delivery on the case, with delivery of the goods by the recipient to collect, and then bear off to the sender. When he to this obligation, by any cause does not conform, he is obliged to reimburse the amount of cash on delivery to the sender, but if this no or less damage suffered, at the most to the amount of the damage suffered.
2 The receiver, which at the time of delivery know a amount as cash on delivery on the case, is obliged by this to the sender to the carrier the amount due.

954 1 the carrier shall be entitled to issue business article, which he related to the transport agreement, refusing to everyone other than the contract of carriage is entitled to delivery of that matters unless batter is placed on the business and from the persecution of this attachment to the attaching party an obligation to issue results.
2 The carrier may exercise the right of retention on business, which he linked to the contract of carriage, for what is due to him or will be relevant to the transport of that matters as well as for what as a contribution in avarij-grosse on that matters is owed or will be. He can also exercise this right by way of cash on delivery on the case. If a bill of lading is issued, he may only exercise this right for what is owed by the recipient him or will be, unless the Bill of lading provides that cargo or other claims in respect of the carriage to be paid by the sender; in that case, he can hold the business, until the sender to comply with its obligations. This right of retention shall lapse as soon as the carrier is paid the amount on which no dispute exists and sufficient security has been lodged for the payment of those amounts, which have dispute or whose height cannot yet be determined. However, the carrier no collateral for what by way of cash on delivery on the case.
3 The rights conferred in this article to the carrier are not allow him towards a third party, if he at the time that he received the case at transport, had cause to doubt the competence of the transport of the case against the third party sender to make available to him.

Article 955 1 as far as, if necessary, referred to in article 933 after notification has been made, he who is entitled to delivery of the carrier transported towards business, not rises, refuses to receive it or not, with the urgency as far as batter is placed on business, and if the carrier has reasonable grounds to believe , that a holder of a bill of lading which as receiver comes to mind, nevertheless, not to the episode is entitled, the carrier may these matters for the account and risk of the owner at a third store in a suitable repository or lighter. At his request, the Court may determine, that he also in these matters, the ship can hold himself or other measures under, this could be. The sender is obliged to notify as soon as possible.
2 the third-party custodian and receiver are towards each other, as if the about the custody agreement entered into between them closed. The custodian, however, is not entitled to issue then after written consent of him who gave the goods in custody.

Article 956 the carrier remains in the case of the 954 955 or articles, as long as he has not saved the business, for every hour delays entitled to demurrage or, if he suffers more damage, to full compensation.

Article 957 1 In case of application of article 955, the custodian or the carrier may he who is entitled to the delivery to the carrier, at his request, be authorised by the judge Affairs in whole or in part in the manner determined by this to sell.
2 The custodian is obliged the carrier as soon as possible of the proposed sale on; the carrier has to be the same, that this obligation towards towards him is entitled to the delivery of the goods, and to the party to whom he should do according to article 933 message.
3 the proceeds of the sale is deposited in the consignment Office in so far as they are not intended to pay the costs of storage and sales as well as, within the limits of the reasonableness, of the costs incurred. Unless the herd is laid for a monetary claim, to the carrier from the amount to be determined in custody be met which is due to him in respect of transport, on the basis of a cash on delivery clauses, as well as a contribution in avarij-grosse; as far as these claims not yet certain to be incurred, the proceeds or portion thereof on the manner determined by right as security for these claims.
4 The revenue deposited in the consignment Office replaces the business.

Article 958 if there are security or suspicion, that there is loss or damage, the carrier and he who is against the carrier is entitled to the episode, each other over and over again in all reasonable resources to the investigation of the case and the tallying of the packages as possible.

Article 959 1 Both the carrier as he who is entitled to the delivery to the carrier is authorised to request the delivery of business the right to a judicial inquiry to do take place the weight, size or any other circumstance, which is important in determining the freight, as well as the condition that exists when the goods are delivered; they are also empowered to request the judge stood to do the harm or losses judicial budgeting.
2 If this research in the presence or after proper notice by the other party has taken place, report the suspect to be correct.

Article 960 1 Both the carrier as he who vis-à-vis the carrier is entitled to the episode, when he losses or impairing the right to request the competent business suspects, at or immediately after the delivery thereof and, if desired, on board the ship, a judicial inquiry to do towards the cause.
2 If this research in the presence or after proper notice by the other party has taken place, report the suspect to be correct.

Article 961 1 the cost of judicial examination, as referred to in articles 959 960, and have to be paid by the applicant.

2 the Court may these costs and damage incurred by the investigation in whole or in part at the expense of the other party of the applicant, even if thereby the amounts mentioned in the order in Council referred to in Article 905 are exceeded.

Section 3. Agreement of carriage by inland waterway passenger transport Article 970 1 the agreement within the meaning of this title is the agreement of carriage of passengers, whether or not time-or travel chartering, whereby one party (the carrier) opposite the other party connects one or more persons on board a ship (passengers) and whether or not their baggage to transport on inland waterways only. Transport between two stools as referred to in Article 501 (a) is not as transport on inland waterways. The agreement of carriage of passengers on board a hovercraft nor the agreement of passenger transport as defined in article 100 is a contract of carriage within the meaning of this section.
2 cabin luggage within the meaning of this section is the luggage, with the exception of live animals which the passenger has in his cabin, which he in his possession, under his control or in its power, as well as luggage which he has on board a vehicle with him adopted as luggage or ship, but not this vehicle or ship itself.
3 Hand baggage within the meaning of this section is the luggage, with the exception of live animals, which the traveller and easy to carry, portable or hand-mobile business on or near it.
4 by order in Council matters that do not can hut-or hand luggage for the application of provisions of this section as hut-or hand luggage are designated, or provisions of this section do not apply in business, that hut or hand baggage.

Article 971 Transport on inland waterways includes a. as regards persons or their cabin hand luggage or the time the traveler or his cabin-or hand baggage on board the ship will stay, the time of embarkation or disembarkation, as well as, subject to article 501, the time the traveler or his cabin-or hand luggage is transported to water between the cracks or between ship and shore If the freight is included in the price or the transport ship used by the carrier for this assistance available to the traveler. Inland waterway transport of persons training does not time the traveller staying on a pontoon, a jetty, a spring sidewalk or any ship that lies between the shore and the ship on board which he will be transported in a station building, or on a quay or any other port installation;
b. with regard to cabin-or hand luggage in addition, the time the traveller staying on a pontoon, a jetty, a spring sidewalk or any ship that lies between the shore and the ship on board which he will be transported in a station building, or on a quay or any other port installation if that luggage has been taken over by the carrier and does not display to the traveler has been delivered;
c. with respect to baggage that is neither hut-nor hand baggage is, the time between taking over thereof by the carrier either on land or on board and the delivery by the carrier.

Article 972 1 Time or travel chartering in the meaning of this section is the agreement of carriage with the carrier (the carrier) commits to transport on board a ship that he, other than by way of bareboat charter, in its entirety and whether or not on time base (time chartering or travel chartering) makes available to its counterparty (the shipper).
2 in section 2 of title 10 in particular for the case of affreightment given provisions and article 894 are on this Charter shall apply mutatis mutandis.

Article 973 legal provisions about rent, safekeeping and on loan are on provision of a ship transportation, other than by way of bareboat charter, not applicable.

Article 974 1 the carrier shall be liable for damage caused by death or injury of the passenger, if an incident that led to this occurred during transport and as far as this incident is caused by a circumstance that a carrier has been able to avoid or carefully by a circumstance which the consequences such a carrier reasonably prevent.
2 it is suspected that a carefully carrier the circumstance that led to shipwreck, collision, stranding, explosion or fire has been able to avoid, and that such a carrier has this circumstance led to such an incident.
3 Defectiveness or malfunctioning of the ship or of the material that he is for the transport, is classed as a circumstance that a carrier has been able to avoid and which he carefully the effects reasonably prevent.
4 for the purposes of this article, only then take into account conduct of a third party, if no other circumstance, which partly led to the incident, on behalf of the carrier.

Article 975 1 the carrier shall be liable for damage caused by partial or complete loss or damage to hand luggage or cabin with the exception of a case which are on board a vehicle or ship adopted if luggage is, if an incident that led to this occurred during transport and as far as this incident is caused by a circumstance that a carefully can avoid or which carrier has the consequences such a carrier reasonably prevent.
2 the second and third paragraphs of article 974 apply.
3 for the purposes of this article, only then take into account conduct of a third party, if no other circumstance, which partly led to the incident, on behalf of the carrier.
4 this article is without prejudice to articles 545 and 1006.

Article 976 subject to article 975, the carrier is liable for damage caused by partial or complete loss or damage to baggage, if an incident that led to this occurred during transport and as far as this incident is caused by a circumstance that a carefully can avoid or which carrier has the consequences such a carrier reasonably prevent.

Article 977 the carrier shall not be liable in case of loss of or damage to come over to coins, negotiable documents, gold, silver, jewelry, jewelry, works of art or other items of value, unless these items of value to the carrier in its possession and he agreed to keep them in is security.

Article 978 the carrier is by the passenger on board brought in respect of matters that he, if he had known, not by their nature or conditions on Board would have admitted and for which he has no evidence of receipt issued, no compensation is payable if the traveler knew or should have known, that the carrier would have admitted the business not to transport; the passenger shall be liable for all costs and damages for the carrier resulting from the offering for transport or the transport itself.

Without prejudice to article 978 979 article and without prejudice to article 179 of book 6, the traveller is required the carrier to compensate damage that he or his baggage this harmed, except to the extent such damage is caused by a circumstance that a traveler could not avoid carefully and as far as the consequences of such a traveller not reasonably prevent. The traveler can not exempt themselves from its liability to rely on the quality or a lack of his luggage.

Article 980 1 without prejudice to the provisions of this section to the carriage of baggage articles 895, 903 904 first paragraph, first and second paragraph, 910, 911, 912, first and second paragraph 914, 951 and 961 954 to apply. The rights conferred in article 954 957 and the right to be granted in article from the amount to be determined in custody of costs in respect of transport, may be exercised for everything the other party by the carrier or the passenger to the carrier owes.
2 parties have the freedom to depart from on their mutual relationship in the first paragraph applicable provisions stated.

To the contract of carriage article 981 articles 511 to 516 shall apply mutatis mutandis.

Article 982 1 subject to articles 974 to 977 is the carrier shall not be liable for damage arising from any act, neglect or negligence of the master or the skipper, another Member of the crew, the pilot or the servants of the carrier, perpetrated in navigation of the ship.
2 subject to articles 974 to 977 is no deviation from the rate up to rescue or attempted rescue of human life or property and no reasonable deviation from the rate considered a violation of any contract of carriage and the carrier shall not be liable for any loss or damage as a result.

Article 983 1 the liability of the carrier in case of death, injury or delay of the traveller and in case of loss, damage or delay of his baggage shall be limited to an under or pursuant to order in Council to determine amount or amounts.
2 this article titles 7 and 12 of this book.

Article 984


1 the carrier can not rely on limitation of his liability to the extent that the damage arose from his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
2 null and void any clause, which is moving away from this article.

Article 985 void any before it to happen to the traveler before the event or loss of or damage to luggage made clause, which under articles 974 to 977 on the carrier liability or burden is reduced pressure on other than in this section is provided.

Article 986 passenger transport on inland waterways to the contract articles 521 to 528 shall apply mutatis mutandis.

Section 4. Any special agreements Article 990 1 Under the agreement (bareboat charter), in which one party (the hull carrier) undertakes a ship shall place at the disposal of its other party solely on inland waterways (the bareboat charterer) without any control to keep on the subject, the operation of the ship in the hands of the bareboat charterer and they shall be for his account.
2. Article 894 shall apply mutatis mutandis.

Article 991 1 On the agreement, in which one party undertakes a ship, other than by way of bareboat charter, exclusively on inland waterways shall place at the disposal of the other party for any purpose other than save them or the carry on Board of business or persons, the provisions concerning avarij-grosse as well as the provisions of this title and, in the case of a sea-going vessel subject 366, articles 361 to apply mutatis mutandis.
2 parties have the freedom to depart from on their mutual relationship in the first paragraph applicable provisions stated.

Article 992 1 The ligovereenkomst is the agreement, in which one party (the carrier) undertakes a ship other than by way of bareboat charter to set exclusively on inland waterways shall place at the disposal of the other party (the charterer), in order to load them on board business, store and there to fix.
2 The ligovereenkomst can be entered into for a specified or indefinite. If it is for a definite period and after the end of that time implied is renewed, they suspect a contract entered into for an indefinite period of time.
3 on the ligovereenkomst the provisions concerning avarij-grosse as well as the provisions of this title and, in the case of a sea-going vessel, the 366 articles 361 to apply mutatis mutandis, provided that the parties have the freedom in their mutual relationship of these provisions.

Article 993 1 if the ligovereenkomst for an indefinite period, it may, by the charterer without term and by the carrier for a period of at least seven days be terminated.
2 by termination by the carrier should ship at the end of the period prescribed by this by the charterer are discharged.
3 The ligprijs is due to the day, on which the discharge is complete, and in any event up to and including the second day following the day of the cancellation by the charterer.
(4) the termination shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable.

Article 994 1 the agreement for and/or boating is the agreement, in which one party (the carrier) undertakes a ship, other than by way of bareboat charter, exclusively on inland waterways at the disposal of the other party (the charterer) and where the charterer has the choice to let the ship only lying or, after a time of are ,.
2 the lying is governed by the about the ligovereenkomst certain; on sailing, the provisions concerning avarij-grosse, as well as the provisions of this title and, in the case of a sea-going vessel, the 366 articles 361 to apply mutatis mutandis.

Article 995 the charterer has the right to resolve the ship partially and then. In that case he is owed, which benefit the freight with the full load would have been due.

Article 996 1 the carrier can, when no particular shall produce agreed, with a period of at least seven days the end by an oral or written notice shall produce to the charterer, or by any other message, which the receipt clearly detectable. Shares the charterer to the carrier within 48 hours of receipt of this notice, that he wishes to abandon the ship, then goes after expiry of the time limit of 48 hours in the emptying time.
2 The ligprijs is due to the day, on which the discharge is complete, and in any event up to and including the second day following the day on which the communication referred to in paragraph 1 the carrier did.

Article 997 1 if the charterer wishes to abandon the ship is the carrier required no later than the first working day following notification thereof, on which he has received, the journey. He is in the acceptance of the trip by the charterer stopped, then this required him to reimburse damage on the foot of article 932.
2 can the trip by circumstances, which the carrier not attributable and which already existed at the time of the order, not be commenced or prosecuted, then, as long as it takes, the foreclosure ligprijs due.

Article 998 for the application of the provisions of this section, provision of one and the same vessel in the sea and on inland waters considered posting on inland waterways, provided that the posting at sea apparently subordinate to that on inland waters.

Title 11. Accidents section 1. In this section are Under 1000 Article collision inland waterway vessels include ferries, hydrofoils, rafts, movable parts of ship bridges, dredgers, floating cranes, elevators and all floating equipment, pontoons or material of a similar nature, which comply with the requirements of articles 1 and 3 with regard to inland waterway vessels stated requirements.

Article 1001 is the touch of ships Colliding with each other.

Article 1002 The in this section about collision is not certain-as far as section 1 of title 6-likewise apply if damage is caused by a barge without a collision took place.

Article 1003 if a barge by a collision caused damage, the liability for such damage be determined by this section, as far as at least not section 1 of title 6.

Article 1004 1 obligation to pay compensation under this section exists only if the damage is caused by debt. There is no legal presumption of guilt in respect of a collision, but the ship, which comes into contact with another, if necessary to properly lighted, fixed or more capable place fastened case, no ship being, is liable for the damage, unless there is evidence that the damage is not caused by fault of the ship.
(2) if the damage is caused by accident, if it was due to force majeure or if its causes cannot be fixed, they are carried by them, that her.
3 In case of drag is any barge, which is part of a drag, only be liable if there is debt to his side.

Article 1005 if the damage is caused by the fault of one barge, is the owner of this ship is obliged to compensate the damage.

Article 1006 1 if two or more inland waterway vessels are jointly by their debt have caused damage to the owners thereof without joint and several liability be liable for damages, caused to fellow culprit vessels and to property, which are on board thereof, and severally for all other damage.
2 Is the joint and several liability does not, then the owners of the ships, which jointly by their debt have caused damage to the front of the injured parties be liable in proportion to the weight of the debt of their ships; If, however, the circumstances, that that relationship cannot be established or if it appears that the fault of these ships is equivalent, the liability shared equally.
3 the liability jointly and severally liable, then each of the owners by the second paragraph of this article shall share in the payment to the creditor. Subject to articles he has 880 and 364, which has paid more than its share for the surplus story on his fellow schuldenaren who have paid less than their share. Loss, caused by the inability of one of the owners of the Commission guilty ships to pay, is about the other owners turned into the by the second paragraph of this article set ratio.

Article 1007 The liability existing under this section is not raised if the damage was caused by the fault of a shed, even if the use of this is mandatory.

Section 2. Aid Article 1010


The help provided by inland waterway vessels and aid to inland waterway vessels, to itself or to a standing business on board thereof barge in navigable water or any other derived water than enthusiastic, also washed up or sunk Affairs are regulated by section 2 of title 6, on the understanding that what in that Department for the shipowner is provided, when a barge involves , applies to the owner thereof and which the captain is provided, in the case of a barge, for the skipper.

Section 3. Avarij-Avarij-grosse grosse Article 1020 1 are the sacrifices and expenses reasonably made or done in the presence of special circumstances with the aim of a barge and the goods on board thereof from a common danger, how or by whose hands they also arise, to save this.
2 loss of passage money is not avarij-grosse.

Article 1021 1 Avarij-grosse is to him, that her suffering, compensated by the owner of the barge, the person responsible for the cargo, the recipient of the cargo and the owners of the other business is on board with the exception of postal items, mouth supplies, luggage, passengers even when registered, and of any personal belongings.
2 by way of derogation from the first paragraph carries a motor vehicle or ship, which by a carrier related to a contract of carriage of passengers is transported on board the barge, in the avarij-grosse.

The fees in article 1022 avarij-grosse and the carrying values of in the avarij-grosse contributing interests also respects the Rhine rules I. V. R, defined by order in Council.

Section 4. Dangerous substances on board a barge Article 1030 for the purposes of this section, the following definitions shall apply: (a) "dangerous substance" means a substance as such when order in Council is appropriate; the indication may be restricted to certain concentrations of the substance, to provisions of the order in Council to describe dangers that are connected to the substance, and certain to describe situations in which the substance is located in it;
b. "ship": barge, not being an air-cushion vehicle;
c. "damage": 1 °. damage caused by death or injury of any person caused by a hazardous substance;
2 °. other damage outside the ship on board which the dangerous substance is located, caused by carrying dangerous substance, other than loss or damage in relation to other ships or sea-going vessels and business on board, where those ships or sea-going vessels are part of a drag, this ship is a part, or which also attaches with this ship in a unit are linked;
3 °. the costs of preventive measures and loss or damage caused by such measures;
d. "preventive measures" means any reasonable measure to prevent or limit the damage taken by anyone except the person responsible in accordance with this section after an event has occurred;
e. "event": any fact or any series of occurrences with the same origin, which causes damage or creates a grave and imminent threat of damage;
f. "owner": he who controls the use of the vessel on board which the dangerous substance is located. The person in a register in which the ship, as the owner of the ship is registered or, in the absence of any registration, the person who owns the ship, is classed as owner, unless he proves that at the time of the event a specifically named by him at other control over the use of the ship had or that at that time another without his permission and without this could reasonably occur control over the use of the ship had.

Article 1031 1 this section shall not apply, if the owner is liable towards the one that the action brought, under an operating agreement or to this person a job on an operating agreement.
2 this section shall apply to the period in which a hazardous substance on board a ship, including the period from the beginning of the loading of the dangerous substance in the ship until the end of the discharge of that substance from the ship.
3 this section shall not apply to damage caused when the ship is used only in a not for public accessible area and such use is part of a business taking place in that area.
4 On on board in accordance with the second paragraph substances referred to in article 175 of book 6 is that article does not apply, unless the case of the third member.

Article 1032 1 If a hazardous substance is in a means of transport that are on board a ship without the dangerous substance is discharged from this stacked means of transport, the hazardous substance will be considered for that period only called on board ship.
(2) If a hazardous substance is located in a ship that is being towed by another ship or a sea-going ship or being propelled by another ship or a sea-going ship that attaches with this ship in a unit linked, the dangerous substance are supposed only on board the latter ship or sea-going vessel.
3 for the transactions referred to in paragraph 5 of article 1033, parts c, d and e, will be regarded as the dangerous substance: (a). by way of derogation from the first paragraph, only on board the means of transport are stacked;
b. by way of derogation from paragraph 2, on Board of that ship only.

Article 1033 1 he who at the time of an event is the owner of a ship on board which a hazardous substance, shall be liable for damages caused by that substance as a result of that event. The event from a series of occurrences with the same cause, then rest the liability on the one at the time of the first fact owned it.
2 the owner is not liable if: a. the damage is caused by an act of war, hostilities, civil war, insurrection or natural happening of exceptional, inevitable and irresistible character;
b. the only damage is caused by an act or omission by a third party, other than a person mentioned in paragraph (a), committed with the intent to cause damage;
c. the sender or any other person has not complied with its obligation to inform him about the dangerous nature of the substance, and neither the owner nor the mentioned in the fifth paragraph, subparagraph (a), persons knew or had to know that this was dangerous.
3 If the owner proves that the damage in whole or in part the result of an act or omission by the person who has suffered the damage, with the intent to cause the damage, or by the fault of that person, he can totally or partially relieved of his liability to that person.
4 the owner can for damage other than this section only in the case of paragraph 2, part c, as well as in case he under contract of employment may be addressed.
5 1034 and 1035 for damages subject to articles not liable: a. the subordinates, representatives or agents of the owner or the members of the crew, b. the pilot and any other which, without crew member to be, for the benefit of the ship activities, c. those who other than against an express and reasonable prohibition because of the ship in aid to the ship , the on board thereof standing business or the people on board, d. those who on designation of a competent public authority to provide support for the ship, the on board thereof standing business or the people on board, e. those who take preventive measures with the exception of the owner, f. the subordinates, representatives or agents in this paragraph, parts b, c, d and e , persons exempted from liability, unless the damage arose from their own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
6 the owner has, as far as not agreed otherwise, the story on the persons referred to in paragraph 5, but only if these under the lock of this paragraph for the damage can be addressed.

Article 1034 1 if the owner proves that the dangerous substance during the period referred to in article 1031, paragraph 2, is loaded or unloaded under the sole responsibility of a named person other than the owner or his subordinate, representative or agent, such as the sender or receiver, the owner is not liable for damage due to an event during the loading or unloading of the dangerous substance and that person is liable for such damage in accordance with this section.
2 However, if the hazardous substance during the period referred to in article 1031, paragraph 2, is loaded or unloaded under the joint responsibility of the owner and the owner named other, are the owner and the other will be jointly and severally liable in accordance with this section for damage due to an event during the loading or unloading of the dangerous substance.
3 if it is loaded or unloaded by a person on behalf or for the benefit of the carrier or another, such as the sender or recipient, is not this person, but the carrier or that person liable.

4 If a person other than the owner on the basis of the first or the second member is liable, that person may not rely on article 1033, fourth paragraph and paragraph 5, part b.
5 If a person other than the owner on the basis of the first or the second member is liable, in respect of that other title 12 642a to 642z and articles of the code of civil procedure shall apply mutatis mutandis, it being understood that in the case of joint and several liability: (a) the limitation of liability pursuant to title 12 applies to all of the following from the same event resulting claims directed against both;
b. a fund formed by one of them in accordance with article 642c of the code of civil procedure is considered by both to be formed and this with regard to the claims for which the Fund was.
6 In the relationship between the owner and the other mentioned in the second paragraph of this article is not to compensate the owner required than in the case of fault of himself or of his subordinates, representatives or agents.
7 of this article shall not apply if during the period referred to in article 1031, paragraph 2, is loaded or unloaded under the sole or joint responsibility of a person referred to in paragraph 5 of article 1033, onderdeelc, (d) or (e).

Article 1033 1035 If pursuant to article, second paragraph, strand c, the owner is not liable, the sender or any other person liable in accordance with this section and can be its relation to title 12 as well as the articles 642a to 642z of the code of civil procedure shall apply mutatis mutandis. The shipper or other person may not rely on article 1033, fourth paragraph.

Article 1036 If damage caused by the hazardous substance cannot reasonably be separated from damage caused the entire damage, will otherwise be classified as damage within the meaning of this section.

Article 1037 1 When by an event damage has been caused by dangerous substances on Board of more than one ship, or on board a ship and a sea-going ship or hovercraft, are the owners and the owner or operator of the ships involved, the sea-going vessel or air-cushion vehicle, without prejudice to article 1033, second and third paragraphs and article 1034, section 4 of title 6 and title 14 section 1 of certain, be jointly and severally liable for all damages which cannot reasonably be assumed that it was caused by dangerous substances on board one or more certain ships, sea-going ship or hovercraft.
2 the provisions of the first paragraph shall be without prejudice to recourse to limitation of liability of the shipowner, owner or operator pursuant to title 7 or 12, or the articles title 1218 to 1220, each to the applicable amount for him.

Title 12. Limitation of liability of owners of inland navigation vessels Article 1060 1 the owner of a barge and the rescuer can by asking one or more funds as referred to in article 642c of the code of civil procedure limit their liability for the claims referred to in article 1062.
2 under owner in this title include the charterer, the tenant and the administrator of a barge including the one in whose hands the operation of a barge.
3 under aid worker is in this title everyone means that work done in immediately related to relief efforts, including in this title also means in article 1062, paragraph 1 (d), (e) and (f) said activities or measures.
4 under inland waterway vessels are in this title include hydrofoils, ferries and small vessels, dredgers, floating cranes, elevators and all other floating and movable tools, pontoons or material of a similar nature, which comply with the requirements of articles 1 and 3 of this book stated requirements in respect of inland waterway vessels.
5 A barge under construction is for the purposes of this title, partly as a barge classified from the moment that the stack walk begins. A hovercraft is for the purposes of this title are not as barge.

Article 1061 1 if an action as referred to in article 1062 is directed against any person for whose Act, neglect or omission the owner or the rescuer in principle liable, that person has granted competence in this title to limit its liability.
2 the insurer of liability for claims, limitation of liability under this title is possible, can be in the same extent as assured on that restriction professions.

Article 1062 1 subject to the provisions of articles 1063 and 1064 has the power to set the following limitation of liability for claims either on the basis of agreement, or outside agreement and even when the liability arises exclusively from ownership or possession of or a privilege on the ship or from the fact, that this is under guard or surveillance of him that is on the limitation of liability claims : a. claims in respect of death or injury, or in respect of loss of or damage to property (including damage to works of art by ports, to docks, waterways, locks, bridges and tools for shipping) occurred on board the barge, or in direct connection with the operation of the barge or with work in relief efforts, as well as for claims in respect of damage caused by one thing or another;
b. claims in respect of damage caused by delay in the carriage of cargo, passengers or their luggage;
c. other claims in respect of damage arising from breach of any agreement based not on property law occurred and in direct connection with the operation of the barge or with work in assistance;
d. claims in respect of the floating, remove, destroy or defusing of a sea or river vessel sailing has sunk, thwarted, stranded or abandoned, including anything on board such a ship is or has been;
e. claims in respect of the removal, destruction or neutralisation of the loading of the barge;
f. claims of a person in respect of measures taken to prevent damage or reduce his liability for any damages the person responsible could limit under this title, as well as for claims in respect of further damage by such measures ago, however, with the exception of some such claims of this person liable itself.
2 liability for the claims referred to in the first paragraph may be limited, even if, whether or not on the basis of an agreement, are set up by way of recourse or indemnification. The liability for the claims referred to in paragraph (d), (e) or (f), however, cannot be limited to the maximum extent these claims relate to compensation payable under an agreement with the liable person.

Article 1063 1 this title shall not apply to: a. claims related to aid or contribution in avarij-grosse;
b. claims subject to any International Convention or any law, that the limitation of liability for nuclear damage regulates or prohibits;
c. claims against the operator of a nuclear barge in respect of nuclear damage;
d. employment contract claims against the owner or the rescuer brought by his subordinates or next-of-kin as far as these claims concern work related to the barge or the aid, according to the liability of the owner or the rescuer for this to the employment contract claims in respect of the applicable law does not or only to a higher amount than under this title the case true , may be limited.
2 when someone who has authority under this title, is entitled to limit his liability to an action against a creditor, arising from the same incident, the respective claims will be settled with each other and the limitation of liability only then possibly applied to the remaining balance.

Article 1064 no one is entitled to limit his liability to, if proven is that the damage has been caused by his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 1065 the amount to which the liability under this title for claims, as a result of one and the same incident arise, can be limited (the amount of the Fund), is calculated at order in Council to fix standards which may be different for different types of ships and for a rescuer. In addition, with regard to the actions referred to in article 1062, first paragraph, various funds.

Article 1066 1 the limitation of liability as fixed in accordance with the order in Council referred to in article 1065 applies to all of the following claims, which are not one and the same incident resulting claims as referred to in paragraph 2, directed against the person or persons mentioned in (a). the second paragraph of article 1060 and any person for whose act in principle, negligence or negligence on this issue be liable, or

b. the owner of a barge which of that ship out of aid, and the rescuer or aid workers from their work or do of that ship and any person for whose Act, neglect or negligence such persons in principle be liable, or c. the rescuer or aid workers to a barge that is not of a marine or inland waterway vessel from work done or do or work done or do just on the barge to which or in respect of which assistance is granted, and any person for whose Act, neglect or negligence such persons are liable in principle.
2 the limitation of liability as fixed in accordance with the order in Council referred to in article 1065 for claims in respect of death or personal injury to, passengers of a barge applies to all of the following of one and the same incident resulting claims against the person or persons who in 1060, second paragraph, mentioned in the article related to this ship , and any person for whose Act, neglect or negligence be liable in principle on this issue.
IV. Wegvervoersrecht title 13. Road Transport Department 1. General provisions article can At 1080 1 order in Council Affairs, which no vehicles are, for the application of provisions of this title as vehicle are designated, or provisions of this title shall not be made to apply to business, which vehicles are.
2 A tow truck is not a vehicle for the purposes of this title.
3 an agreement, in which one party to the other party connects a vehicle to drive him to do so by that other party, that was made available, is not a contract of carriage within the meaning of this title.

Article 1081 On the operation of a vehicle are the 366 articles 361 to apply mutatis mutandis, it being understood that these articles also apply mutatis mutandis when the person who under article 2 first and second paragraph of the law the obligation to take out insurance of Motor vehicle liability insurance, the insurer referred to in article 6 animal law or a subordinate of these outdoor agreement is addressed. The 366 articles 361 to also apply mutatis mutandis, if the guarantee fund Motor traffic, referred to in article 23 of the law, or pop-up, mentioned in paragraph 6 of article 2 of that law, or a subordinate of these outdoor agreement is addressed.

Section 2. Agreement of carriage of goods by road the agreement of goods Article 1090 carriage within the meaning of this title is the contract of carriage of goods, whether or not time-or travel chartering, whereby one party (the carrier) in front of the other party (the sender) connects by means of a vehicle only road and other than about railways to transport.

Article 1091 road transport of matters for the purposes of article 1098, by way of derogation from the second paragraph elsewhere certain, the period during which the vehicle is driven on board by another means of transport and not on the road, but only in matters that are not from that vehicle were unloaded.

1092 article this section shall not apply to contracts to funeral services, agreements for the transport of moving goods or agreements for the transport of mail by or on behalf of a provider of the universal postal service, referred to in the postal Act 2009 or under an international postal agreement, to implement the universal postal service within the meaning of the postal law 2009. Subject to article 1154 is this section not apply to agreements for the transport of luggage.

Article 1093 1 Time or travel chartering in the meaning of this section is the agreement of goods transport, which the carrier undertakes to transport by means of a vehicle, which he as a whole with driver and whether or not at the time base (time chartering or travel chartering) makes available to the sender.
2 under "carrier" is mentioned in the first paragraph in this section the carrier, under "charterer" the sender.

Article The legal provisions about rent, 1094 safekeeping and on loan on supply of a vehicle with driver, in order to transport business by means thereof, do not apply.

The carrier is obliged to receive transport article 1095 business at destination and in the condition in which he received them.

Without prejudice to article 1095 1096 article the carrier to transport obligated to transport receive business without delay.

1097 1 article In case of affreightment is the carrier to order the driver within the limits required by the agreement to follow the orders of the charterer. The carrier guarantees, that the driver fails to comply with the instructions given to him.
2 the charterer is responsible for damage that the carrier suffers through the local condition of the places, where he the driver of the vehicle on the basis of the first paragraph in loading or unloading recommends to go and he is only so much for that damage shall not be liable, if the driver, by the orders given to him to follow, unreasonable acted.

Article 1098 1 the carrier shall not be liable for damage caused by a damage, to the extent that this is caused by a circumstance that a carrier has not been able to avoid carefully and in so far as such a carrier has not been able to prevent their consequences.
2 The carrier may not be able to exempt itself from its liability appeal to the defectiveness of the vehicle or of the material that he uses, unless the latter by the consignor, the consignee or the consignee at his disposal. Under material is not understood a ship, aircraft or rail vehicle, on which the vehicle is located.
3 under damage be include partial or complete loss of business, delay, as well as any other damage causing fact.

Article 1100 and 1101 1099 without prejudice to articles is the carrier, pursuant to articles on him that the 1095 and 1096 promises failed, nevertheless, not be liable for the resulting damage, as far as this failure results from the special risks inherent in one or more of the following conditions: a. the transport of the goods in an outdoor vehicle , when this is expressly agreed and on the Bill of lading is stated;
b. treatment, loading, stowage or discharge of the goods by the sender, the consignee or persons acting on behalf of the shipper or the consignee;
c. the nature of certain matters themselves, which by this very nature-related causes are exposed to whole or partial loss or to damage, particularly by ignition, explosion, melt, fracture, corrosion, decay, desiccation, leakage, normal loss of quality, or action of vermin or rodents;
d. heat, cold, temperature differences or humidity of the air, but only if it has been agreed that the carriage shall be in a vehicle specially equipped for the business to influence tapping;
e. incompleteness or defectiveness of the addressing, numbers, letters, or brands of packages;
f. the fact that transport a living animal.

Article 1100 1 when the carrier proves that, having regard to the circumstances of the case, the failure of the on him under articles 1095 and 1096 obligations may be a result of one or more of the special risks referred to in article 1099, is suspected, that failure to respect therefrom. Theno, who towards the carrier is entitled to the business, may, however, prove, that this failure not in whole or in part by any of these risks.
2 the above presumption does not exist in the case referred to in article 1099 (a), if an unusually large deficit occurs or an unusually large loss of packages.
3 if agreed upon by the parties in accordance with the transport takes place by means of a vehicle, specially equipped to make things to evade the influence of heat, cold, temperature differences or humidity of the air, the carrier may in derogation of his liability as a result of this influence only invoke rule 1099 (c), if he proves , that all measures which he, taking into account the circumstances, was mandatory, are made with respect to the choice, maintenance and use of these devices and that he has addressed to the special instructions referred to in paragraph 5.
4 the carrier can only invoke rule 1099 (f), if he proves that all measures which he normally, taking into account the circumstances, was mandatory, and that he has addressed to the special instructions referred to in paragraph 5.
5 the special instructions, referred to in the third and the fourth paragraph of this article, must meet the carrier prior to the commencement of the carriage have been given, he should have explicitly accepted and they must, if a bill of lading is issued for such carriage, thereupon. The single mention on the Bill of lading to any evidence on these supplies.

Article 1101 when the carrier the on him under articles 1095 and 1096 of the promises, obligations regarding

a. business, which, while they are exposed having regard to their nature or the mode of transport, have packed, or matters that, having regard to their nature or the mode of transport, not enough or not effective are packed;
b. bulk business, which are not covered by the definition given in (a), if the carrier proves that having regard to the circumstances of the case the failure can be a consequence of the particular risk associated with the unpackaged, suspect that the carrier nor the circumstance, which has been able to avoid failure caused, nor the consequences and that reasonably prevent the failure is not caused by one or more of the in the second paragraph of article 1098 for the account of the carrier brought conditions.

Article 1102 1 null and void any clause, whereby the carrier pursuant to article 1095 on the oppressive burden of proof liability or otherwise shall be increased or reduced than in this pool is foreseen, unless this clause explicitly and otherwise than by a reference to other writings in a common contract terms, is contracted at a particularly in relation to the intended transport contracted and laid down in a separate writing agreement.
2 in addition, void any clause, whereby the carrier pursuant to article 1095 on the oppressive burden of proof liability or otherwise shall be increased or reduced than when its conclusion is provided for in this section this clause a. appears in any document, which by a statement it is referred to as transport or b. between the carrier and the receiver is entered into at the delivery of the goods.

Article 1103 1 as far as the carrier is liable due to failure on him under articles 1095 and 1096 the sender has no obligation, law other than to demand payment of an amount, which is calculated taking into account the value which would have had the ten transport business as got as, at the time when and in the place where they are delivered or they should have been delivered.
2 referred to in the first paragraph value is calculated to the rate on the commodity exchange or, when there is no such rate, to the common martkwaarde or, if this is missing, the normal value of goods of the same type and capacity.

Article 1104 If related to a case under article 1129 compensation is payable, it is classified as a depreciation of that case.

Article 1105 as far as the carrier is liable due to failure on him under articles 1095 and 1096 obligations, he is not liable above by or pursuant to order in Council to determine amounts.

Article 1106 1 the sender can, provided that the carrier agrees herein and at an amount to be agreed, on the Bill of lading indicate a value of the business, which is the maximum, listed in the order in Council referred to in article 1105, exceeds. In that case, enter the amount indicated in the place of this maximum.
2 null and void any clause, even if it is entered into in the manner provided for in the first paragraph of article 1102, which thus indicated amount higher than the value mentioned in the first paragraph of article 1103.

Article 1107 1 the sender can, provided that the carrier herein consents and against payment of a negotiable bill of lading by entry on the amount, the amount of a particular interest in the episode in case of loss of or damage to transported Affairs and for that of exceeding an agreed term of delivery thereof.
(2) If a particular interest in the episode, may, if the carrier is liable due to failure on him under articles 1095 and 1096 obligations, independently of the compensation referred to in articles 1103 to 1106 and once for not more than the amount of the indicated interest, be claimed damages equivalent to the proven additional damage.

Article 1108 1 the carrier can not rely on limitation of his liability, to the extent that the damage arose from his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
2 null and void any clause, which is moving away from this article.

Article 1109 1 the sender is authorized to terminate the contract on him by the carrier, when informed that no vehicle at the agreed place or time for the transport present or will.
2 he can only exercise this power immediately after receipt of this communication.
3 if in the absence of the receipt of a notice as referred to in paragraph 1, the other the sender is known, that the vehicle is not at the agreed place or time for the transport present or may have been, he is, without any notice is required, authorised to cancel the contract, but only within a reasonable time after him this was known; equal power comes to him, if him upon receipt of a notice as referred to in paragraph 1, other known is, that the vehicle under other conditions than what the carrier brought to his notice, not at the agreed place or time for the transport is present or can be.
(4) the termination shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable, and the agreement ends at the time of receipt.
5 If the carrier is held the damage, which the sender by the termination to reimburse this fee will suffer, not exceed the freight for the agreed carriage, or, in the case of time chartering, for provision of the vehicle for 24 hours.

Article 1110 The consignor shall the carrier suffers the damage caused this because the agreed services, for any reason whatsoever, not at the agreed place and time at his disposal.

Article 1111 1 made available to the carrier Before business is the sender shall be entitled to use the agreement. He is obligated to the freight carrier, used for the transport of the goods was agreed.
2 denunciation shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable, and the agreement ends at the time of receipt.
3 this article shall not apply in the event of time chartering.

Article 1112 1 Are at the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever in any cases, then the carrier shall, without any notice is required, enter into the agreement. The sender is obliged, used for the transport of the freight business was agreed.
2 denunciation shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable, and the agreement ends at the time of receipt.
3 this article shall not apply in case of time chartering.

Article 1113 1 Are at the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever the agreed services only partially available to the carrier, then this, without any notice is required, shall be entitled to use the agreement to accept, or the travel.
2 the sender is on desire of the carrier in case of termination of the agreement required to discharge of the already dammed Affairs or, in the case the carrier accepts the trip and the departure of the vehicle without herstuwing of the already dammed business is not possible, to this herstuwing. He is obliged the carrier for the carriage of the cargo, which not being available or as a result of cancellation is not transported to meet and this business was agreed, moreover, to compensate the damage, which he suffers as a result of the termination, of the acceptance of the trip, or of discharge or herstuwing of already taken matters.
3 The termination shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable, and the agreement ends at the time of receipt.
4 of this article shall not apply in case of time chartering.

Article 1114 1 The consignor shall the carrier about the business and processing them to do all those tasks in a timely manner, to which he is or ought to be, and which he knows or ought to know, that they are important for the carrier, unless he can assume that the carrier knows this information.
2 The consignor shall the data, which he has to provide to the carrier according to the first paragraph, if possible, or to transport to the business or to make clear their packaging in such a way, that they are in normal conditions until the end of the transport will remain readable.
3 the carrier shall not be obliged, but entitled, to examine whether the specifications stated to him are correct and complete.

4 Is at the expiry of the time within which the business should be put at the disposal of the carrier, from any cause whatsoever not supported or are only partially fulfilled the obligations of paragraph 1 or 2 of this article of the sender, then, except in the case of time chartering, 1112 and 1113 articles shall apply mutatis mutandis.

Article 1115 1 The consignor shall the carrier suffers because the damage caused this, from any cause whatsoever not properly present the documents and information, which are required on the part of the sender for the transport or to comply with before the delivery of the goods to fulfill customs and other formalities.
2 the carrier shall be obliged to use reasonable care, that the documents, which in his hands are not lost or mishandled. A relevant compensation will payable by him that, under articles 1103 due to 1108 in case of loss of the goods.
3 the carrier shall not be obliged, but entitled, to examine whether the specifications stated to him are correct and complete.
4 with the passage of time, within which the documents and information referred to in the first paragraph need to be present, this, from any cause whatsoever not present properly, then, except in the case of time chartering, 1112 and 1113 articles shall apply mutatis mutandis.

Article 1116 1 When before or at the offer of the goods to the carrier conditions on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by a verbal or written notice or any other message, which the receipt clearly detectable, and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after the speech of the agreement required each other on damage suffered thereby.

Article 1117 1 The consignor shall indemnify the carrier the extraordinary damage, which material that he made available or business that they received, or transport processing them, harmed the carrier except to the extent such damage is caused by a circumstance that for the account of the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.
2 this article shall be without prejudice to article 1118.

Article 1118 1 Business in respect of which the sender, from any cause whatsoever with its obligations under the first and second paragraph of Article 1114, the carrier may at any time and at any place be unloaded, destroyed or otherwise rendered harmless, but this only then when they immediately threatening danger. The carrier is in this respect no compensation and the sender is liable for all costs and damages for the carrier resulting from the offering for transport, transporting or from these measures itself.
2 If the carrier on the basis of the first paragraph shall be entitled to unload, destroy or otherwise neutralizing matters, is the sender on desire of the carrier and when reasonably possible, required him to take this measure.
3 by establishing the measure referred to in the first or second paragraph ends the contract relating to the items listed there, but if it be unloaded first after this discharge. The carrier must inform the sender and, if possible, the party to whom the goods are to be delivered. This paragraph shall not apply in relation to business, which the carrier having taken the measure referred to in the first paragraph to their destination.
4 on the actual delivery is agreed upon between the parties as well as the in this section concerning the delivery of certain business shall apply. 1132, 1133, 1137 and 1138 articles shall apply mutatis mutandis.
5 null and void any clause, in which the first or the second paragraph of this article.

Article 1119 1 both the sender and the carrier can transport format in respect of a bill of lading and desire that this or any other party may by their formatted Bill of lading is signed by their other party and shall be issued to them. The signature can be printed or by a stamp or any other feature of origin be replaced.
2 On the Bill of lading may be adopted in accordance with the common indications the following particulars: (a) the sender, if what only one person can be called;
b. receive the ten transport affairs;
c. the place where the carrier has received the goods in transport;
d. the place to which the carrier undertakes to transport business;
e. what the recipient, if only one person can be called;
f. the carrier;
g. what incidentally to sender and carrier joint sees fit.
3 the designations listed in paragraph 2 (a) to (e) are included in the Bill of lading on the basis of information to be provided by the sender. The sender is responsible for the accuracy, at the time of receipt of the goods. The designation of the carrier shall be included in the Bill of lading on the basis of information to be provided by this and the carrier is responsible for the accuracy of this.
4 parties are obliged to compensate the damage each other, that they suffer due to the lack of data referred to in the second paragraph.

Article 1120 the carrier shall not be obliged, but before the issue of the Bill of lading to the sender be entitled to investigate, or the about the business is accurate, precise and complete. He is competent findings on the cases on the Bill of lading.

Article 1121 to transport business must be loaded When the in different vehicles or when the parties have different types of business or individual sender, as well as carrier the right to require, that there is as much cargo manifests are formatted as there vehicles are to be used or if there are types or parties business.

Article 1122 1 Unless between them a chartering is entered into shall, at the desire of sender or carrier, provided that it is given to know before business available to the carrier for these matters, the Bill of lading drawn up in the form of a transportation letter. To the bovenvoorzijde of the Bill of lading is then with clearly readable letters the word "transport".
2 The transportation letter is drawn up in accordance with the requirements referred to in article article 1119 and 1121.
3 References in the transport letter are considered only those terms in it, that for the party, to which a job is done, clear. Such a job is only possible for him, that at the written request of the party against whom this job can be done or is being done, to these terms without delay to forward that has.
4 If both parties so desire, can also in case of chartering a transport. This should then comply with the requirements laid down in this article.
5 null and void any clause, which is moving away from this article.

Article 1123 1 if a letter is issued, transport, subject to the second paragraph of this article, the legal relationship between the carrier and the shipper or the consignee on the other hand, be governed by the terms of this letter.
(2) If a contract of carriage has been concluded and in addition a transportation letter is issued, the legal relationship between the carrier and the shipper by the terms of the contract of carriage and not of this letter. The letter is their only transport, and this subject to article 1124, to proof of the receipt of the goods by the carrier.

Article 1124 1 information contained In the Bill of lading on the ten transport retrieved business supplying no evidence on to the carrier, unless the carrier the accuracy data which can assess a carefully.
2 includes the Bill of lading by the carrier separately signed a statement that he recognizes the accuracy of the information referred to in that statement about the ten transport received business, rebuttal against this not allowed.
3 a bill of lading, which externally visible state or condition of the case does not mention, does not provide any presumption that the carrier that thing, as far as appearance visible, in good condition or conditions.
4 on the Bill of lading by the carrier placed notes, referred to in article 1120, bind the sender is not. However, the Bill of lading contains a declaration signed by the sender separately that he recognizes the accuracy of those notes, rebuttal against this not allowed.

The sender is responsible article 1125 1 themselves or to designate another as the recipient, the recipient's to change a given indication, to view or change orders on the episode or episode before the arrival at destination of business letter without transport at transport receive or, when a transportation letter is issued, of all things, contained therein.

2 the implementation of these instructions should be possible at the moment, that the instructions reach the person who must perform, and they may not prevent the normal operating performance of the carrier, nor damage to the carrier or other stakeholders in the load. Does it do this last however, then the sender is obliged to compensate the damage. When the vehicle is driven to a previously agreed place, he is obliged to give the carrier a reasonable fee in this respect.
3 this sender's rights expire all at the customer's site as the recipient of the carrier or the consignee takes business compensation demands because these matters not.
4 cases, which have been delivered pursuant to the first paragraph, be classified as goods delivered at destination and the provisions of this section concerning the delivery of business, as well as articles 1132, 1133, 1137 and 1138 apply.

Article 1126 If a bill of lading is issued to the sender, which mentions a recipient, also this recipient to the carrier has the right episode of affairs in accordance with the obligations of the carrier; In addition, articles 1103-1108 shall apply mutatis mutandis.

Article 1127 the receiver is required immediately after the delivery of the goods a receipt.

Article 1128 1 freight is-except in the case of time-due at the moment, that the carrier receives business in transport or, when a bill of lading is issued, upon issuance.
2 Cargo, which is forward to meet or met is, has been and continues to be-except in the case of time-in his due in full, even if the business not be delivered at destination.
3 when the sender does not meet his obligations arising from this article, the carrier shall have the power to suspend the transport of the individual case. With the permission of the Court he is entitled to take the measures referred to in articles 1132 and 1133. Is he going to do about it, then these articles apply.

Without prejudice to section 1 of article 1129 Title 4 of book 6 are the sender and recipient jointly and severally to reimburse the carrier connected the damage suffered by itself as agent became involved with the representation of the interests of a recipient to receive transport affairs.

Article 1130 1 the carrier is mandatory the amounts, which as on delivery on the case, with delivery of the goods by the recipient to collect, and then bear off to the sender. When he to this obligation, by any cause does not conform, he is obliged to reimburse the amount of cash on delivery to the sender, but if this no or less damage suffered, at the most to the amount of the damage suffered.
2 The receiver, which at the time of delivery know a amount as cash on delivery on the case, is obliged by this to the sender to the carrier the amount due.

Article 1131 1 the carrier shall be entitled to issue business or documents, which he linked to the transport agreement, refusing to everyone other than the contract of carriage is entitled to delivery thereof, unless it batter is made and from the persecution of this attachment to the attaching party an obligation to issue results.
2 The carrier may exercise the right of retention on business or documents, which he linked to the contract of carriage, for that which is or will be due to him in respect of the carriage of that matters. He can also exercise this right by way of cash on delivery on the case. This right of retention shall lapse as soon as the carrier is paid the amount on which no dispute exists and sufficient security has been lodged for the payment of those amounts, which have dispute or whose height cannot yet be determined. However, the carrier no collateral for what by way of cash on delivery on the case.
3 The rights conferred in this article to the carrier are not allow him towards a third party, if he at the time that he received the case or the document transport, had cause to doubt the competence of the sender against him that case or the third party that document must provide transport.

Article 1132 1 insofar as he that vis-à-vis the carrier is entitled to refuse this episode of transported to receive or not comes to mind, not with the required emergency received, or as far as batter is placed on business, the carrier may these matters for the account and risk of the owner at a third store in an appropriate repository. At his request, the Court may provide that these matters be he in the vehicle, can keep itself under or other measures for that. The sender is obliged to notify as soon as possible.
2 the third-party custodian and receiver are towards each other, as if the about the custody agreement entered into between them closed. The custodian, however, is not entitled to issue then after written consent of him who gave the goods in custody.

Article 1133 1 In case of application of article 1132, the carrier, the custodian or he who is entitled to the delivery to the carrier, at his request, be authorised by the judge Affairs in whole or in part in the manner determined by this to sell.
2 The custodian is obliged the carrier as soon as possible of the proposed sale on; the carrier has to be the same, that this obligation towards towards him is entitled to the delivery of the goods.
3 the proceeds of the sale is deposited in the consignment Office in so far as they are not intended to pay the costs of storage and sales as well as, within the limits of the reasonableness, of the costs incurred. Unless the herd is laid for a monetary claim, to the carrier from the amount to be determined in custody be met which is due to him in respect of the transport, or on the basis of a cash on delivery clause; as far as these claims not yet fixed, the proceeds or portion thereof on the manner determined by right as security for these claims.
4 The revenue deposited in the consignment Office replaces the business.

Article 1134 if there are security or suspicion, that there is loss or damage, the carrier and he who is against the carrier is entitled to the episode, each other over and over again in all reasonable resources to the investigation of the case and the tallying of the packages as possible.

Article 1135 1 Both the carrier as he who is entitled to the delivery to the carrier is authorised to request the delivery of business the right to do take place a judicial investigation to the State in which they are delivered; they are also empowered to request the judge stood to do the harm or losses judicial budgeting.
2 If this research in the presence or after proper notice by the other party has taken place, report the suspect to be correct.

Article 1136 1 the cost of judicial examination, as referred to in article 1135, have to be paid by the applicant.
2 the Court may these costs and damage incurred by the investigation in whole or in part at the expense of the other party of the applicant, even if thereby the amounts mentioned in the order in Council referred to in article 1105 are exceeded.

Article 1137 if within one year after the carrier to be the same, that against him right on episode of business, has paid compensation in respect of not delivering these matters, these matters or any of them turn out to be still under the carrier or to have come, the carrier required that sender or recipient, the desire expressed for that purpose by registered letter , of this circumstance and by registered letter to inform the sender or the recipient has for thirty days after receipt of this notification the right against settlement of the compensation he has received delivery of this business again. The same applies, if the carrier in respect of it has paid no compensation not deliver, it being understood that the time limit of one year begins with the start of the day following that on which the goods should have been delivered.

With regard to article 1138 at the carrier received transport business, which among themselves, but in respect of which he is no longer under the contract of carriage to delivery is required, Article 1133 apply mutatis mutandis on the understanding that from the proceeds of the sale in addition to the carrier must be met, the amount that this possibly did in respect of its liability because of the failure on him pursuant to articles and 1095 obligations of 1096.

Section 3. Agreement of carriage Article 1139 this section shall apply only in so far as Regulation (EU) No 181/2001 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) no 2006/2004 (Oj EU L 55) does not apply.

Article 1140


1 the contract of carriage within the meaning of this title is the agreement of carriage of passengers, whether or not time-or travel chartering, whereby one party (the carrier) opposite the other party connects on board a vehicle one or more people (travellers) and whether or not only their luggage by road and other than about railways to transport.
2 the agreement of passenger transport as defined in article 100 is not a contract of carriage within the meaning of this section.

Article 1141 1 Hand luggage within the meaning of this section is the luggage including live animals, which the traveller and easy to carry, portable or hand-mobile business on or near it.
2 by order in Council can business, which no hand luggage are, for the application of provisions of this section are designated as hand luggage, or any provisions of this section do not apply in business, that hand baggage.

1142 1 transport by road of persons article includes only the time the traveller on Board of the vehicle, while on the road. In addition, it includes the time of its boarding in it or get off there.
2 transport by road of persons includes for the purposes of article 1148, by way of derogation from the second paragraph elsewhere certain, the period during which the vehicle is driven on board by another means of transport and not on the road, but only with regard to the traveller on Board that vehicle or in-or get off.

Article 1143 1 road transport of hand luggage includes only the time these on Board of the vehicle while on the road. In addition, it includes the time of loading and unloading there.
2 for luggage, that no hand baggage is, it includes transport by road the time between taking over by the carrier and the delivery by the carrier.
3 road transport of luggage includes for the purposes of article 1150 second paragraph, notwithstanding the provisions elsewhere, the period during which the vehicle on board which the baggage is located, are on board by another means of transport and not on the road, but only in respect of baggage, which are on Board of that vehicle or which is loaded or there is unloaded.

Article 1144 1 Time or travel chartering in the meaning of this section is the agreement of carriage with the carrier (carrier) commits to transport on board a vehicle, which he as a whole with driver and whether or not at the time base (time chartering or travel chartering) makes available to its other party (freight broker).
2 1093, 1097, The articles 1109, 1112 and 1113 are on this Charter shall apply mutatis mutandis.

The legal provisions of article 1145, safekeeping and on loan on supply of a vehicle with driver, in order to transport persons on board thereof, do not apply.

Article 1146 [expired per 01-01-1992] article 1147 the carrier shall be liable for damage caused by death or injury of the passenger as a result of an accident that related to and during the transport to the traveller.

Article 1148 1 the carrier shall not be liable for damage caused by death or injury of the passenger, if the accident that led to this, is caused by a circumstance that a carrier has not been able to avoid carefully and in so far as such a carrier has not been able to prevent their consequences.
2 physical or mental shortcomings of the driver of the vehicle as well as defectiveness or improper operation of the vehicle or of the material, which he serves for transport, be classified as a circumstance that a carrier has been able to carefully avoid and the consequences of which such a carrier reasonably prevent. Under material is not understood a ship, aircraft or rail vehicle, on Board of which the vehicle is located.
3 for the purposes of this article, only then take into account conduct of a third party, if no other circumstance, which partly led to the accident, on behalf of the carrier.

1149 void any article before it to happen to the traveler accident created circumstances where the carrier pursuant to article 1147 on the oppressive liability or burden is reduced otherwise than in this Department.

Article 1150 1 the carrier shall be liable for damage caused by partial or complete loss or damage to baggage as far as this loss or damage is caused during transport and is caused by a circumstance that a carefully can avoid or which carrier has the consequences such a carrier reasonably prevent. For damage caused by partial or complete loss or damage to hand baggage, he is liable to the extent that this loss or damage is caused by an accident, which happened to the traveller for the account of the carrier.
2 physical or mental shortcomings of the driver of the vehicle as well as defectiveness or improper operation of the vehicle or of the material that he is for the transport, be classified as a circumstance that a carrier has been able to carefully avoid and the consequences of which such a carrier reasonably prevent. Under material is not understood a ship, aircraft or railway wagon, on Board of which the vehicle is located.
3 in the application of the first paragraph shall be taken into account in respect of hand luggage only with conduct of a third party, if no other circumstance, which partly led to the incident, on behalf of the carrier.
4 void any before the loss or damage to luggage created circumstances where the carrier under this article on the oppressive burden of proof liability or otherwise is reduced than in this Department.

Article 1151 the carrier shall not be liable in case of loss of or damage to come over to coins, negotiable documents, gold, silver, jewelry, jewelry, works of art or other items of value, unless these items of value to the carrier in its possession and he agreed to keep them in is security.

The carrier is in respect of article 1152 by the passenger on board the vehicle brought things that he, if he had known their nature or State, not on board the vehicle would have admitted and for which he has no evidence of receipt issued, no compensation is payable if the traveler knew or should have known, that the carrier would have admitted the business not to transport; the passenger shall be liable for all costs and damages for the carrier resulting from the offering for transport or the transport itself.

Without prejudice to article 1152 and 1153 article without prejudice to article 179 of book 6, the traveller is required the carrier to compensate damage that he or his baggage this harmed, except to the extent such damage is caused by a circumstance that a traveler could not avoid carefully and as far as the consequences of such a traveller not reasonably prevent. The traveler can not exempt themselves from its liability to rely on the quality or a lack of his luggage.

Article 1154 1 without prejudice to the provisions of this section to the carriage of baggage, 1103, 1104 articles 1095, 1096, 1115 1114 first, second and third paragraph, first, second and third member, 1116, 1118 1129 to 1131 to 1138 and apply. The rights conferred in article 1131 and 1133 and 1138 granted in article article right to match it from the amount of costs in respect of the consignation transport, may be exercised for everything the other party by the carrier or the passenger to the carrier owes.
2 parties have the freedom to depart from on their mutual relationship in the first paragraph applicable provisions stated.

Article 1155 if the carrier proves that fault or neglect of the passenger caused damage or have contributed, the liability of the carrier for that totally or partially lifted.

Article 1156 if persons of whose assistance the carrier in the implementation of its commitment, on request of the passenger service, to which the carrier is not required, they are deemed to act on behalf of the traveler to whom they prove these services.

Article 1157 the liability of the carrier in case of death, injury or delay of the traveller and in case of loss, damage or delay of his baggage shall be limited to an under or pursuant to order in Council to determine amount or amounts.

Article 1158 1 the carrier can not rely on limitation of his liability, to the extent that the damage arose from his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that damage would probably result.
2 null and void any clause, which is moving away from this article.

1159 1 article In the event of loss or damage to baggage is the claim for damages valued to the circumstances.

2 In case of injury to the passenger happened to or of the death of the passenger, articles 107 and 108 of book 3 do not apply to the other party by another carrier if carrier progress against this set.

The other party of the carrier article 1160 is required this good any damage caused by the traveller, he suffers from any cause whatsoever not timely transport.

The other party article 1161 of the carrier is obliged to compensate the damage he suffers because the documents related to the traveler, who by her side for the transport are required, from any cause whatsoever not to belong.

Article 1162 1 When before or during the transport conditions on the part of the other party by the carrier or the traveler or come forward, which the carrier at the time of conclusion of the agreement does not need to know, but which, if it had been him known, reasonably for him had brought the contract of carriage not ground or on other conditions to enter , the carrier shall be entitled to use the agreement and to remove the passenger from the vehicle.
2 denunciation shall be effected by an oral or written notice to the other party by the carrier or to the traveler and the agreement ends at the time of receipt of the first notification received.
3 according to the standards of reasonableness and fairness are parties after the speech of the agreement required each other on damage suffered thereby.

1163 1 Article When before or during the transport conditions on the side of the carrier are gaining or come forward, that his counterpart at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions, the carrier shall be entitled to use the other party of this agreement.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 1164 When the traveller returns after leaving the vehicle in time, the carrier may consider the contract to be terminated at that time.

1165 1 the other party of the carrier article is becoming empowered the agreement. It is required the carrier to compensate this damage as a result of the termination.
2 they may not exercise this right, when the travel of the vehicle would be delayed.
3 The termination shall be effected by a verbal or written notice and the agreement ends at the time of receipt.

1166 1 Article Is relevant to the transport ticket, a receipt for baggage or any similar document issued, then the carrier required in it clear his name and place of residence.
2 null and void any clause, in which the first paragraph of this article.
3 articles 56 paragraph 2, 186 75 first member and first member of Book 2 shall not apply.

Section 4. Moving Agreement Article 1170 1 the relocation agreement within the meaning of this title is the agreement of goods transport, which the carrier (the mover) across from the sender (the client) connects moving goods to transport, either solely in a building or apartment, either only partly in a building or property and partly by road, either solely by road. Transport by railways is not regarded as road transport.
2 Moving goods within the meaning of this title are matters that are in a covered area and which to the upholstery, furnishings or decor of that room intended and as such have already been used with the exception of those matters which according to traffic view not to the usual content of that space.
3 if parties agree, that the whole of the road will be governed by the whole of the right, who would control it, when it would concern other than moving goods, this Agreement shall be regarded as not moving agreement.

Article 1171 road transport of moving goods includes for the purposes of article 1175, by way of derogation from the second paragraph elsewhere certain, the period during which the vehicle on board which the moving goods are located, are on board by another means of transport and not on the road, but only in respect of moving goods, not from that vehicle were unloaded.

Article 1172 the mover is required moving goods, which having regard to their nature or the mode of transport, should be packed or should be taken apart, to take apart or to pack and unpack at destination, or to put together.

The moving article 1173 1 mover is required to deliver goods at destination in the State, in which they made him under article 1172 packaging or disassembly, or in the State, in which they have been made available to transport him.
2 under this section is in delivery means placing the moving goods at destination on the possibly-designated area and this, in case of application of article 1172, after to have extracted them or put together.

Without prejudice to article 1173 1174 article is the Remover required to complete a move begun without delay.

Article 1175 1 At failure on him under articles 1173 and 1174 obligation is nevertheless, mover for the resulting damage is not liable, as far as this failure is caused by a circumstance that could not avoid a carefully mover and as far as the consequences of such a mover not reasonably prevent.
2 the mover may not itself from its liability under the articles to exempt 1173 or 1174 appeal to: a. the defectiveness of the vehicle before the move is made;
b. the defectiveness of the material, from which he uses, unless this has been put at his disposal by the client; under material is not understood a ship, aircraft or rail vehicle, when the vehicle, which before the move is made, is located;
c. the defectiveness of support points used for the attachment of lifting equipment;
d. any at the hands of third parties, whose actions are not the responsibility of the client, to happen to move the accident.
3 the first paragraph of this article shall also apply in respect of liability other than the mover articles 1173 or 1174.

Article 1177 and 1178 1176 without prejudice to articles is the mover, that on him under articles 1173 and 1174 of the promises failed, nevertheless, for the resulting damage is not liable, as far as this failure results from the special risks inherent in one or more of the following conditions: a. the packing or taken apart or unpack or put it together by moving goods by the client or by any person or on its own initiative to this end by the client any means made available;
b. the choice by the client-although the Remover did him another opportunity on the basis of a method of packaging or performance of the relocation agreement, which is different from what is usual for the agreed move;
c. the presence among the moving goods of matters for which the mover, if he had been informed of their presence and their nature, special measures would have affected;
d. the nature or State of the goods themselves, which by moving with this nature or State-related causes are exposed to partial or complete loss or damage.

Article 1177 When the mover proves that, having regard to the circumstances of the case, the failure of the on him under articles 1173 and 1174 obligations may be a result of one or more of the special risks referred to in article 1176, is suspected, that failure to respect therefrom.

Article 1178 1 When the mover on him under articles 1173 and 1174 of the promises, obligations in respect of: a. live animals;
b. money, geldswaardige paper, jewelry, precious metals or other costly manufactured from kleinodiën suspect that the mover nor the circumstance, which has been able to avoid failure caused, nor the consequences and that reasonably prevent the failure is not caused by one or more of the in the second paragraph of article 1175 for the account of the circumstances brought mover.
2 the Remover can not rely on the first paragraph (b), if the client him the business listed there separately and indicate quantity and value before the beginning of the move handed.

1179 1 void any clause, which the article pursuant to article 1173 on the mover printing liability or burden of proof otherwise is reduced than in this Department.

2 when moving goods, which by their nature or conditions justify a special agreement, the parties by way of derogation from the first paragraph quite the liability or burden of proof on the mover to reduce pressure, but only when this clause expressly and in a other than by a reference to other writings common terms is entered into at a particularly in relation to the proposed agreement laid down in a separate move contracted and writings.

Article 1180 as far as the mover is liable due to failure on him under articles 1173 and 1174 obligations has no law other than the client chooses to claim payment of a reasonable amount for recovery of damaged goods, or payment of an amount, which is calculated taking into account the value which move like those , on which the relocation agreement, would have had, such as, at the time when and in the place where, they are delivered or they should have been delivered.

Article 1181 If relating to a moving good compensation is due under article 1195, it is classified as a depreciation of that moving good.

Article 1182 as far as the mover is liable due to failure on him under articles 1173 and 1174 obligations, he is not liable above by or pursuant to order in Council to determine amounts. By or under this measure can be determined what amount of damages for the risk of the customer.

Article 1183 1 the client may, provided that the mover in this consent and against payment of an amount to be agreed, in writing, that a value of the move indicate the maximum, listed in the order in Council referred to in article 1182, exceeds. In that case, enter the amount indicated in the place of this maximum.
2 null and void any clause which thus indicated amount is higher than the highest amounts referred to in article 1180.

Article 1184 1 the client may, provided that the mover in this consent and against payment of an amount to be agreed, in writing the amount of a particular interest in the episode in case of loss of or damage to transported goods and for that of exceeding an agreed term of the start or end of the move.
(2) If a particular interest in the episode is declared, if the mover is liable because of failure to comply with the obligation incumbent on him under article 1173 or exceeding an agreed term of the start or end of the move, independently of the compensation referred to in articles 1180 to 1183 and once for not more than the amount of the indicated interest , be claimed damages equivalent to the proven additional damage.

1185 1 mover article can not rely on limitation of his liability, to the extent that the damage arose from his own act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
2 null and void any clause, which is moving away from this article.

Article 1186 1 the client is entitled to cancel the contract, when was notified to him by the mover, that he is not at the agreed place and time with the move a starting can or will.
2 he can only exercise this power immediately after receipt of this communication.
3 if in the absence of the receipt of a notice as referred to in paragraph 1, the other is known, the client that the mover not at the agreed place or time with the move makes or can make a start, he is, without any notice is required, authorised to cancel the contract, but only within a reasonable time This, after he or she has become known; equal power comes to him, if him upon receipt of a notice as referred to in paragraph 1, other known is, that the Remover under other circumstances which brought him to his communication not with the move a starting time at the agreed place or makes or can make.
(4) the termination shall be effected by a verbal or written notice and the agreement ends at the time of receipt.
5 If the mover is the damage, which the client held by the cancellation to compensate, suffers this fee, subject to article 1184, will not exceed the agreed moving price.

Article 1187 the client is obliged to compensate the damage the mover, who suffers because the agreed moving goods, by whatever cause, not at the agreed place and time at his disposal.

Article 1188 1 Before moving goods at the disposal of the mover, the client shall be entitled to use the agreement. He is obliged to compensate the damage caused thereby to the mover.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.

1189 1 article in the passage of time, within which the goods must be made available to the mover moving, from any cause whatsoever not moving goods available, then the mover, without any notice is required, enter into the agreement. The client is obliged to reimburse him the damage suffered thereby.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.

1190 1 article with the passage of time, within which the goods must be made available to the mover moving, from any cause whatsoever the agreed move only partially available, then the mover on desire of the client, nevertheless, required to move the goods available.
2 The client shall be obliged to compensate the damage suffered thereby mover.

Article 1191 1 the client is obliged on the mover moving goods and processing them to do all those tasks in a timely manner, to which he is or ought to be, and which he knows or ought to know, that they are important for the mover, unless he can assume that the mover knows this information.
2 the mover is not obliged but is entitled, in order to examine whether the specifications stated to him are correct and complete.

Article 1192 1 the principal shall make good damage the mover who suffers because, from any cause whatsoever not properly present the documents and information, which according to statement by the mover on the part of the customer are required for the move or to comply with before the episode of moving goods to fulfill customs and other formalities.
2 the mover is required to use reasonable care, that the documents, which in his hands are not lost or mishandled. A compensation due by him will owe that, under articles 1180 to 1185 in case of loss of the goods, not moving.
3 the mover is not obliged but is entitled, in order to examine whether the specifications stated to him are correct and complete.
4 with the passage of time, within which the documents and information referred to in the first paragraph need to be present, this, from any cause whatsoever not properly present, 1189 and 1190 articles shall apply mutatis mutandis.

Article 1193 1 When before or at the offer of the goods to the mover moving conditions on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably yielded had the move not agreement or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by a verbal or written notice and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 1194 1 The moving price shall be payable for the time being, that the mover moving goods at destination.
2 If the parties agreed, that the moving price before the departure of the vehicle, in which goods are loaded, the move will be paid and the client does not meet this requirement, the mover authorised the transport of the goods and he is moving with the permission of the judge shall be entitled to take the measures referred to in articles 1197 and 1198. Is he going to do about it, then these articles apply.

1195 without prejudice to section 1 of article Title 4 of book 6 the client is obliged to compensate the damage the mover, ago because this itself as agent became involved with the representation of the interests of a person moving goods.

Article 1196 The mover has no right of retention on moving goods and documents, which he related to the relocation agreement.

Article 1197


1 as far as the client refuses to receive or not comes to mind, move with urgency, or as far as on moving goods batter is placed, is entitled mover moving goods at the expense and risk of the owner at a third store in an appropriate repository. At his request, the Court may determine that he move, if desired, also in the vehicle, used for the move among themselves can hold or other measures for that. The client is obliged to notify as soon as possible.
2 the third-party custodian and the client to each other, as if the about the custody agreement entered into between them closed. The custodian, however, is not entitled to issue then after written consent of him who gave the move goods in custody.

Article 1198 1 In case of application of article 1197 can the mover, the custodian or the client by the judge at his request be authorized the move in whole or in part in the manner determined by this to sell.
2 The custodian is obliged the mover as soon as possible of the proposed sale on; the mover has this obligation to the client.
3 the proceeds of the sale is deposited in the consignment Office, provided that they are not intended to pay the costs of storage and sales, as well as, within the limits of the reasonableness, of the costs incurred. Unless the herd is laid for a monetary claim, the mover from the amount to be determined in custody be met which is due to him in respect of the move; as far as this claim not yet fixed, the proceeds or portion thereof on the manner determined by right as security for that claim.
4 The revenue deposited in the consignment Office replaces the moving goods.

Article 1199 if security or suspicion, that there is loss or damage, the movers and the client each other over and over again in all reasonable resources to the investigation of the move.

Article 1200 if within three years after the mover to the customer has paid compensation in respect of the delivery of moving goods, not this moving goods or any of them turn out to be still under the mover or to have come, is the mover of this circumstance to inform by registered letter and has the principal for thirty days after receipt of this notification the right against settlement of the compensation received by him again episode of This move. The same applies, if the mover in respect of not delivering has paid no compensation, provided that the period of three years beginning with the start of the day following that on which the goods should have been delivered moving.

Article 1201 With respect to moving goods, which the mover, but in respect of which he is no longer under the relocation agreement to delivery is required, article 1198 apply mutatis mutandis on the understanding that from the proceeds of the sale in addition to the mover must be met, the amount that this possibly did in respect of his liability for the breach of the on him under articles 1173 and 1174 obligations.

Title 14. Accidents section 1. Dangerous substances on board a vehicle Article 1210 of this section, the following definitions shall apply: (a) "dangerous substance" means a substance as such when order in Council is appropriate; the indication may be restricted to certain concentrations of the substance, to provisions of the order in Council to describe dangers that are connected to the substance, and certain to describe situations in which the substance is located in it;
b. "damage": 1 °. damage caused by death or injury of any person caused by a hazardous substance;
2 °. other damage outside the vehicle on board which the dangerous substance is located, caused by carrying dangerous substance, other than loss or damage in relation to other vehicles and business on board, where these vehicles are part of a drag, which also this vehicle is part;
3 °. the costs of preventive measures and loss or damage caused by such measures;
c. "preventive measures" means any reasonable measure to prevent or limit the damage taken by anyone except the person responsible in accordance with this section after an event has occurred;
d. "event": any fact or any series of occurrences with the same origin, which causes damage or creates a grave and imminent threat of damage;
e. "operator": he who controls the use of the vehicle on board which the dangerous substance is located. He to whom a registration as referred to in article 36, paragraph 1, of the road traffic Act 1994 is specified, or, failing that, the owner of the vehicle, is classed as operator, unless he proves that at the time of the event a specifically named by him at other control over the use of the vehicle or that at that time had another without his permission and without this could reasonably prevent the control over the use of the vehicle had.

Article 1211 1 this section shall not apply, if the operator is liable towards the one that the action brought, under an operating agreement or to this person a job on an operating agreement.
2 this section shall apply to the period in which a hazardous substance is in a vehicle, including the period from the beginning of the loading of the dangerous substance in the vehicle until the end of the discharge of that substance from the vehicle.
3 this section shall not apply to damage caused when the vehicle is used only on a non-public site and such use is part of a taking place in that area of business.
4 On on board in accordance with the second paragraph substances referred to in article 175 of book 6 is that article does not apply, unless the case of the third member.
5 the third paragraph is without prejudice to the provisions of this section apply mutatis mutandis to vehicles, where also used.

Article 1212 1 If a hazardous substance is in a means of transport that are on Board of a vehicle without the dangerous substance is discharged from this stacked means of transport, the hazardous substance for that period will be considered only on Board of the said vehicle.
(2) If a hazardous substance is in a vehicle that is propelled by another vehicle, the dangerous substance are supposed only on board the latter vehicle.
3 for the transactions referred to in article 1213, paragraph 5, parts c, d and e, will be regarded as the dangerous substance: (a). by way of derogation from the first paragraph, only on board the means of transport are stacked;
b. by way of derogation from paragraph 2, on Board of that vehicle only.

Article 1213 1 he who at the time of an event is of a vehicle operator on board which is a hazardous substance, shall be liable for damages caused by that substance as a result of that event. The event from a series of occurrences with the same cause, then rest the liability on the one at the time of the first fact operator was.
2 the operator shall not be liable if: a. the damage is caused by an act of war, hostilities, civil war, insurrection or natural happening of exceptional, inevitable and irresistible character;
b. the only damage is caused by an act or omission by a third party, other than a person mentioned in paragraph (a), committed with the intent to cause damage;
c. the sender or any other person has not complied with its obligation to inform him about the dangerous nature of the substance, and neither the operator nor the in paragraph 5 (a), persons named knew or had to know that this was dangerous.
3 If the operator proves that the damage in whole or in part the result of an act or omission by the person who has suffered the damage, with the intent to cause the damage, or by the fault of that person, he can totally or partially relieved of his liability to that person.
4 the operator can for damage other than this section only in the case of paragraph 2, part c, as well as in case he under contract of employment may be addressed. In the case of paragraph 2, part c, the operator may limit this liability as if he were liable under this section.
5 subject to articles 1214 and 1215 for damages not liable: a. the subordinates, representatives or agents of the operator, b. every vehicle for the benefit of the work done, c. those who other than against an express and reasonable prohibition because of the vehicle in to provide help to the vehicle, the on board thereof standing business or persons,

d. those who on designation of a competent public authority to provide help to the vehicle, the on board thereof standing business or persons, e. those who take preventive measures with the exception of the operator, f. the subordinates, representatives or agents in this paragraph, parts b, c, d and e, exempt persons from liability, unless the damage arose from their own acts or omissions , committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
6 the operator has, as far as not agreed otherwise, the story on the persons referred to in paragraph 5, but only if these under the lock of this paragraph for the damage can be addressed.

Article 1214 1 if the operator proves that the dangerous substance during the period referred to in article 1211, second paragraph, is loaded or unloaded under the sole responsibility of a designated by him other than the operator or his subordinate, representative or agent, such as the sender or receiver, the operator is not liable for damage due to an event during the loading or unloading of the dangerous substance and that person is liable for such damage in accordance with this section.
2 However, if the hazardous substance during the period referred to in article 1211, second paragraph, is loaded or unloaded under the joint responsibility of the operator and an unnamed other, by the operator are the operator and the other will be jointly and severally liable in accordance with this section for damage due to an event during the loading or unloading of the dangerous substance.
3 if it is loaded or unloaded by a person on behalf or for the benefit of the carrier or another, such as the sender or recipient, is not this person, but the carrier or that person liable.
4 If a person other than the operator on the basis of the first or the second member is liable, that person may not rely on article 1213, paragraph 4 and paragraph 5, part b.
5 If a person other than the operator on the basis of the first or the second member is liable, in respect of those other articles 1218 to 1220 apply mutatis mutandis, it being understood that in the case of joint and several liability: (a) the limitation of liability as provided for under article 1218, paragraph 1, applies to all of the following from the same event resulting claims directed against both;
b. a fund formed by one of them in accordance with article 1219 is classed as both to be formed and this with regard to the claims for which the Fund was.
6 In the relationship between the operator and the other mentioned in the second paragraph of this article is not to compensate the operator required than in the case of fault of himself or of his subordinates, representatives or agents.
7 of this article shall not apply if during the period referred to in article 1211, second paragraph, is loaded or unloaded under the sole or joint responsibility of a person, referred to in article 1213, paragraph 5, part c, d or e.

Article 1213 1215 If pursuant to article, second paragraph, strand c, the operator is not liable, the sender or any other person liable in accordance with this section and to its relation to the articles are 1218 to 1220 shall apply mutatis mutandis. The shipper or other person may not rely on article 1213, paragraph 4.

Article 1216 If damage caused by the hazardous substance cannot reasonably be separated from damage caused the entire damage, will otherwise be classified as damage within the meaning of this section.

Article by an event 1217 1 When damage is caused by dangerous substances on board more than one vehicle, or on board a vehicle or a hovercraft and a sea-going ship, barge or a rail carriage, the operators of the vehicles involved, the owner or the owner of the sea-going vessel or involved the barge and the operator of the railway where the event took place with the involved track vehicle , without prejudice to article 1213, paragraphs 2 and 3, and article 1214, section 4 of title 6, section 4 of title 11 and section 4 of title 19, be jointly and severally liable for all damages which cannot reasonably be assumed that it was caused by dangerous substances on board one or more certain vehicles, hovercraft, sea-going vessel or barge, or railway carriage which was used on a specific railway.
2 the provisions of the first paragraph shall be without prejudice to recourse to limitation of liability of the operator, owner or owner under this section, title 7 or title 12, or the articles 1678 to 1680, each to the applicable amount for him.

Article 1218 1 the operator can limit its liability per event to a by or pursuant to order in Council to determine amount or amounts that may be different for claims in respect of death or injury and other claims.
2 the operator is not entitled to limit his liability to damages arose from his own if the Act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 1219 in order to be able to rely on the limitation of liability referred to in article 1218 the operator shall form a fund or funds in accordance with article 1220.

Article 1220 1 he who wish to use the given power to him in article 1218 limitation of his liability, calls on a court with jurisdiction to hear and determine the claims for compensation for damage, the amount which his liability is limited, to fix and recommended that a procedure for the distribution of this amount will be passed on.
2 On the request and the procedure for the distribution articles 642a, second to fourth member, 642b, 642c, 642e, first paragraph, 642f to 642t, first paragraph, and 642u to 642z of the code of civil procedure shall apply mutatis mutandis.
3 If the certain amount under article 1218, first paragraph, for claims in respect of death or injury is insufficient for full compensation for any such claims, these claims will be reduced in proportion and according to article 1218, first paragraph, certain amount for other claims be divided pro rata among those claims and the claims in respect of death or injury in so far as these would be unfulfilled.
4 the claims of the operator in respect of by him voluntarily and reasonably expenses incurred and brought sacrifices to prevent or limit the damage are in rank is equivalent with other claims on the article 1218, first paragraph, certain amount for other claims than those in respect of death or injury.
V. air right title 15. The aircraft section 1. Rights on 1300 aircraft Article In this title, the following definitions shall apply: a. the Geneva Convention: Geneva on 19 June 1948 to established Treaty on the international recognition of rights in aircraft (Trb. 1952, 86);
b. State party means a State for which the Geneva Convention;
c. Treaty registry: Netherlands held outside a registry referred to in article I, paragraph 1 (ii), of the Geneva Convention;
d. the public registers: the public registers referred to in section 2 of title 1 of book 3.

Article 1301 The obligations imposed by this section to the owner, if the aircraft belongs to more people, to a general partnership, a limited partnership or a legal person, also on each co-owner, managing partner or Director.

Article 1302 [expired per 01-09-2005] article 1303 1 Registration is only possible if a. the aircraft a Dutch aircraft within the meaning of the Aviation Act, and b. the aircraft at least one at order in Council set weight.
2 Registration is not possible from an aircraft already teboekstaat in the public registers, registry in a treaty or in any similar foreign registry.
3 by way of derogation from the second paragraph is registration of a registry in a treaty or in any similar registry teboekstaand aircraft possible, when the owner has the ownership of the aircraft obtained by allocation after an execution, which took place in Netherlands.
4 The registration is requested by the owner of the aircraft. He must submit a declaration signed by him for entry to the best of his that know the aircraft for registration. This statement requires the approval of the judge.
5 The registration in the public registers has no legal effect, when the requirements of the preceding paragraphs of this article have not been met.
6 when request for registration is living place chosen in Netherlands. This residence is in the application for registration and residence by another in Netherlands can be replaced.

The registry shall only be struck through (a) article 1304 1. at the request of the person who is listed in public records as the owner;
b. at the instance of the owner or on its own initiative 1 °. If the aircraft has ceased to exist as such;

2 °. as the aircraft for two months after the last departure no tidings has been received without this to a general failure in the news coverage can be known;
3 °. If the aircraft does not or no longer has the status of Dutch aircraft;
4 °. as the aircraft, after an execution in a State party, which took place outside Netherlands in accordance with the Geneva Convention, a treaty registry in teboekstaat.
2 In the cases referred to in point (b) is the owner of the aircraft to make registration required within three months of the reason for deletion has occurred.
3 where the aircraft registration or provisional notes in favour of third parties exist, shall be made, except in the case referred to in paragraph 1, part b, under 4 °, pull-through these third parties only when no opposes.
4 pull-through shall be made only after authorisation given at the request of the most diligent party by the judge.

The only real rights of which article 1305 a teboekstaand aircraft in the public registers the object may be, are the property, the mortgage and the property rights, referred to in articles 1308 and 1309.

Article 1306 1 A teboekstaand aircraft in the public registers is a registered property.
2 for the purpose of applying Article 301 of book 3 in respect of acts up on the foot of article 89, first and fourth paragraph of book 3 are intended for the supply of such aircraft, the first article in the pronunciation of the Dutch court not be registered, as long as they don't force of res judicata.

Article 1307 property and mortgage on a teboekstaand aircraft by a possessor in good faith, obtained by a continuous possession of five years.

Article 1308 On a teboekstaand aircraft can be located, a right in rem existing in the right of the holder of the aircraft to after payment of a certain amount or after fulfillment of any other condition the property thereof by him under a contract of sale or to be close already closed. In the notarial deed intended for the establishment of this right, it becomes clear the aircraft subject to this law.

Article 1309 1 On a teboekstaand aircraft can be located, a right in rem existing in the right of the holder to use the aircraft from a rental agreement that for at least six months is closed. In the notarial deed intended for the establishment of this right, it becomes clear the aircraft subject to this law.
2 the rental agreement as title for the location. If the lease agreement in a notarial deed is deposited, which meets the requirements for an act of delivery, this Act applies as Act of delivery.
3 On a lease contract for a teboekstaand aircraft article 226 of book 7 is not applicable.

Article 1310 without prejudice to article 260, paragraph 1, of book 3 is in the notarial deed which mortgage is granted on a teboekstaand aircraft, clear aircraft subject to the mortgage.

Article 1311 The mortgage-backed claim takes rank after the claims, 1315 and 1317 referred to in articles, but before all other claims to which this or any other Act a privilege is granted.

Article 1312 if the claim bears interest, the mortgage as security for the interests of fellow principal, expired, during the three years prior to the beginning of the eviction and during the course of this. Article 263 of book 3 is not applicable.

Article 1313 On mortgage on a share in a teboekstaand aircraft article 177 of book 3 are not applicable; the mortgage will remain in place after the disposition or allocation of the aircraft.

Article 1314 on a mortgage on a teboekstaand aircraft articles 234, 261, 264, 265, 266 and 268-273 of book 3 and articles 544-548 of the code of civil procedure shall not apply.

Section 2. Privileges on aircraft Article 1315 In case of recovery of an aircraft teboekstaat in the public registers or in a treaty registry, the cost of recovery, the cost of monitoring during this recovery, the cost after the batter made preservation of the aircraft, including the cost of repairs that were indispensable for the maintenance thereof, all other costs in the interests of the creditors made during the execution as well as the costs of the legal order and distribution of the proceeds among the creditors from the proceeds of the sale met over any other claim which involves this or any other Act a privilege is granted.

Article 292 Article 1316 of book 3 and article 60, paragraph 2, first sentence, third paragraph and paragraph 4, third to fifth and 299b, Member, of the Bankruptcy Act do not apply to aircraft that have teboekstaan in the public registers or in a treaty registry.

Article 1317 1 over any other claim which involves this or any other Act a privilege is granted, subject to article 1315, on an aircraft at the time of the creation of the following teboekstaat progress in public registers or in a treaty registry, privileged: a. the claims for payment of aid to help pay for the aircraft;
b. the claims for payment of extraordinary costs, necessary for the maintenance of the aircraft.
2 the first paragraph shall apply only if the help or the Act of salvation is ended in the Netherlands or in a State party whose legislation to the arising because of these acts, a privilege with grant line.
3. article 284 of book 3 is not applicable.

Article 1318 the privileged claims, referred to in article 1317, take mutual rank to the reverse order of the times when the events took place, by which they were created.

Article 1319 The creditor who has a privilege on the basis of article 1317, continues his right on the aircraft, in whose hands this also approximate.

1320 1 The article under this section on an aircraft for granted rights are extinguished three months unless the privilege is registered in the public records or registry in which the aircraft teboekstaat the Treaty, and in addition, the amount of the claim amicably or by legal way is recognition of the privilege and its size is advanced.
2 In case of enforceable sales go the privileges fellow reserve from the time at which the minutes of distribution is closed.
(3) the time limit referred to in the first paragraph begins with the start of the day following that on which the aid or the Act of salvation which the claim originated, has ended.
4 for rights referred to in article 1317 can be registered in the public records. Article 24, paragraph 1, of book 3 is not applicable.

Section 3. Final provision Article Need in this title settled topics in 1321 the importance of proper implementation of the law conditions, then it shall do so by or pursuant to order in Council, without prejudice to the possibility to control under the Kadasterwet.

Title 16. Operation section 1. General provisions article 1340 On the operation of an aircraft, 1360, paragraph 1, and without prejudice to articles 1402, first paragraph, the 366 articles 361 to apply mutatis mutandis on the understanding that he, too, by whose assistance the carrier in the performance of his commitment made use, provided that it acted in the work for which it was used, a job can do on article 365.

Article 1341 In this title is, as far as it concerns transport of persons and luggage, under an aircraft also a hovercraft.

Article 1342 In this title, checked baggage means baggage provided by or on behalf of the traveller, before becoming an air journey, is handed over to the carrier for transportation.

1343 1 article references in a transport document shall be deemed only those terms in it, that for the party, to which a job is done, clear.
2 such a job is only possible for him, that at the written request of the party against whom this job can be done or is being done, to these terms without delay to forward that has.
3 null and void any clause which of the second paragraph of this article.

Article 1344 air transport, successively by different carriers for the purposes of this title shall be deemed a single air transport to form, when it is considered by the parties as a single operation, whether it in the form of a single contract or in the form of a series of agreements is closed.

1345 1 article of this title, except as provided for in the fourth and fifth paragraph of this article, under the carrier Commission means the performing carrier, the performing carrier only subject to the provisions of this title as regards the part of the transport provided by him.
2 under actual carrier means he who without carrier or sequenced carrier referred to in articles 1350, 1390, 1392, 1420 or 1352, but with his consent, the whole or part of the transport referred to in this title.
3 The permission referred to in the second paragraph is suspected to have been granted.

4 a private act or omission of the carrier or a private act or omission by those by whose help he made use in the implementation of its commitment, provided that committed in the work for which they were used, can not create a liability of the performing carrier larger than the in or established under articles 1359, 1399 and 1400 liability. The carrier entered into a term that extends outside of this title or its liability in which it renounces any right granted to him by or under this title or which have a particular interest in the episode is determined as referred to in article 1359, paragraph 1, and 1400, second paragraph, binds the performing carrier only if he agreed to such a clause.
5 contracts referred to in article 1373 cease if they to the carrier.

Article 1346 section 3 of this title shall apply only in so far as not Council Regulation (EC) no 2027/97 on air carrier liability in the event of accidents, as amended by Regulation (EC) no 889/2002 of the European Parliament and of the Council of 13 May 2002 (OJ L140) applies.

1347 the unit of account mentioned in this article title, is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in this title are translated into euros to the price of the day of payment, or, in case of judicial proceedings, to the day of the verdict. The value in euros, expressed in special drawing rights, shall be calculated in accordance with the valuation method used by the International Monetary Fund on the day of conversion being applied for its own operations and transactions.

Section 2. Agreement of goods air transport Article 1350 1 the agreement of goods carriage within the meaning of this title is the contract of carriage of goods, whether or not time-or travel chartering, whereby one party (the carrier) in front of the other party (the sender) connects on board an aircraft to transport the business exclusively by air.
2 this section shall not apply to agreements for the transport of postal items by or on behalf of the provider of the universal postal service, referred to in the postal Act 2009 or under an international postal agreement. Subject to article 1395 is this section not apply to agreements for the carriage of baggage.

Article 1351 1 air transport includes the time that the property is under the care of the carrier.
2 air transport does not include any transportation on land, at sea or on inland waterways, accomplished outside an airport. However, when such transport has for the application of the air transport agreement concerning the transhipment, loading, delivery, or the damage is suspected to be the result of an incident during air transport. When a carrier, without the permission of the sender, the transport that is agreed between the parties as a partial or complete alternative air transport by another mode of transport, these other mode of transport is considered to be part of the epoch of air transport.

Article 1352 Time or travel chartering in the meaning of this section is the agreement of goods transport, which the carrier (the carrier) commits to transport on board an aircraft, that he, unlike an agreement in which one party undertakes an aircraft available to her to keep some control on this other party without, in whole or in part and whether or not on time base (time chartering or travel chartering) makes available to the sender (the shipper).

The carrier is obliged to receive article 1353 1 transport to deliver business at destination in the State in which it has received.
2 the carrier shall not be liable, to the extent that it proves that the damage was solely the result of one or more of the following conditions: a. the nature of the business;
b. defective packing of the goods by a person other than the carrier or ones, by whose help he made use in the performance of its undertaking;
c. an act of war or an armed conflict;
d. a Government Act in connection with the import, export or transit of the goods.

Article 1354 1 the carrier is required to transport at transport receive business without delay.
2 the carrier shall not be liable for damages resulting from delay, if he and those by whose help he made use in the implementation of its commitment, all measures have taken, which could reasonably be required to avoid the damage or it was impossible that him and their measures.

Article 1355 1 if the carrier proves that negligence or other wrongful act or omission of the person claiming compensation or the person to whom he derives his rights, caused the damage or contributed in whole or in part, the carrier shall be relieved of his liability to that person provided that such fault or neglect caused the damage or contributed.
2 this article applies to all the liability provisions in this section.

Article 1356 Each clause to exempt, tending to the carrier of his liability under this section or to a lower limit of liability than that which is determined under this section, shall be null and void, but the nullity of this clause does not have the nullity as a result of the agreement, which shall remain subject to this title.

Article 1357 1 as far as the carrier is liable for failure to comply with the article on him under article 1353 or 1354 the sender has no obligation, law other than to demand payment of an amount, which is calculated taking into account the value which would have had the ten transport business as got as, at the time when and in the place where , they are delivered or they should have been delivered.
2 referred to in the first paragraph value is calculated to the rate on the commodity exchange or, when there is no such rate, to the current market value or, if this is missing, the normal value of goods of the same type and capacity.

1358 article If in connection with a case under article 1377 compensation is payable, it is classified as a depreciation of that case.

1359 1 article At the air transport of cases, the liability of the carrier in case of destruction, loss, damage or delay is limited to an amount to be determined by order in Council or amounts, except special declaration of interest in delivery, done by the sender when issuing the business to the carrier and at an increased rate possibly. In that case, the carrier is required to pay to the amount of the specified sum, unless he proves that these really interest of the sender in the episode.
2 At destruction, loss, damage or delay of part of the business or of any object contained therein is for determining the limit of liability of the carrier shall be taken into account only the total weight of the package or packages concerned. However, if the destruction, loss, damage or delay of part of the business or of any object contained therein, the value of other packages covered by the same air waybill or the same receipt or if not issued, by the same data as laid down in other means referred to in article 1365, second paragraph, affects, the total weight of the packages shall be taken into consideration in determining the limit of liability.
3 the first and second paragraphs do not apply to any liability of the carrier for the costs of the proceedings, with the party against whom he may rely on these provisions, including interest, unless the carrier or in writing within a period of six months from the date of the incident causing the damage was caused, either prior to the start of the process After that, when this term is brought, an amount to the claimant has offered the same size as or larger than the amount of the compensation allocated to the exclusion of the costs of the proceedings.

Article 1360 1 If proceedings on the basis of damage referred to in this section is brought against a person whose assistance the carrier in the performance of his commitment made, will use this, if he proves that he acted in the work for which it was used, in order to be able to rely on the limit of liability which the carrier itself under article 1359.
2 the total amount of damages, which in that case of the carrier and the person referred to in paragraph 1 may be obtained, should not exceed the limit mentioned in article 1359.

Article 1361 The consignor shall the carrier suffers the damage caused this because the agreed services, for any reason whatsoever, not at the agreed place and time at his disposal.

Article at the disposal of the carrier Before 1362 1 business, the sender shall be entitled to use the agreement.

2 with the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever in the whole no business at the disposal of the carrier, then this, without any notice is required, enter into the agreement.
3 Are at the expiry of the time referred to in the second paragraph, for any reason whatsoever, the agreed services only partially available to the carrier then this, without any notice is required, shall be entitled to use the agreement to accept the travel.
4 the denunciation shall be effected by a notification, for which the receipt clearly detectable and the agreement ends at the time of the receipt but partly concerns not made available before the end of the transport period.
5 The consignor shall the carrier the damage caused this suffers as a result of the termination or of the acceptance of the trip.
6 this article shall not apply in the event of time chartering.

Article 1363 1 When before or at the offer of the goods to the carrier conditions on the side of one of the parties gain itself or come forward, that her other party at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions to enter , this other party shall be entitled to use the agreement.
2 denunciation shall be effected by a notification, for which the receipt clearly detectable and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement to compensate the damage suffered thereby each other.

Article 1364 The consignor shall indemnify the carrier the extraordinary damage, which material that he made available or business that they received, or transport processing them, harmed the carrier except to the extent such damage is caused by a circumstance that for the account of the carrier; on behalf of the carrier that circumstances, which in the event of damage of transported by him matters.

Article 1365 1 when transporting business must have an air waybill are awarded, which in each case an indication of the weight of the shipment should contain.
2 the presentation of an air waybill can be replaced by the use of any other means through which to carry out the data concerning the transport. If such other means are used, the carrier to the sender, at the latter's request, a receipt that allows identification of the consignment and access to the recorded data by those other resources.
3 if necessary for the completion of the formalities of customs, police and other government agencies, the sender may be required to hand out a document that identifies the nature of the business. This provision creates no obligation for the carrier, commitment or resulting liability.
4 the first paragraph does not apply between parties to a chartering.

Article 1366 1 the air waybill by the sender is made out in three original copies.
2 the first instance contains the words «for the carrier "; It is signed by the sender. The second instance contains the words «for the sender»; It is signed by the sender and the carrier. The third copy is signed by the carrier and by him, after receipt of the goods, handed over to the sender.
3 the signature of the carrier and that of the sender can be printed or replaced by a stamp or electronically.
4 If, at the request of the sender, the carrier lays out the air waybill, he is suspected to act on behalf of the sender.
5 articles 56, 75, paragraph 1, and paragraph 2, 186, paragraph 1, of Book 2 shall not apply.

Article 1367 When there are several packages are: a. the carrier has the right to require the sender's format separate air waybills;
b. has the sender the right of the carrier to require he separate receipts, where use is made of the resources referred to in article 1365, paragraph.

1368 non-compliance with articles article 1365 to 1367 does not affect the existence or validity of the contract of carriage, which nevertheless will be subject to the provisions of this title including those on limitation of liability.

Article 1369 1 the sender is responsible for the accuracy of the particulars and statements relating to matters that by him or on his behalf in the air waybill or by him or on his behalf to the carrier for insertion in the receipt or in the data recorded by the other means referred to in article 1365, paragraph 2. The previous sentence shall also apply in the case where the person acting on behalf of the sender also acts on behalf of the carrier.
2 the sender is liable for all damage caused by the carrier or by any other person to whom the carrier is liable, as a result of the inaccuracy, incorrectness or incompleteness of the particulars and statements made by or on behalf of the sender.
3 subject to the provisions of the first and second paragraph of this article, the carrier shall be liable for any damage caused by the sender, or by any other person to whom the sender is liable, is suffered as a result of the inaccuracy, incorrectness or incompleteness of the particulars and statements made by or on behalf of the carrier are included in the receipt or in the data recorded by the other means referred to in article 1365 , second paragraph.

Article 1370 1 The consignor shall the carrier about the business and processing them to do all those tasks in a timely manner, to which he is capable or is suppose to be and which he knows or ought to know that they are important for the carrier, unless he can assume that the carrier knows that data.
2 the sender is obliged to provide the information and the documents before the delivery of the goods to the addressee are necessary to meet the formalities of customs, police or other public authorities. The sender is liable to the carrier liable for all damages resulting from the absence, the incompleteness or inaccuracy of the information or documents, unless the damage was caused by fault of the carrier or of those by whose help he made use in the performance of its commitment.
3 the carrier is required to use reasonable care that the documents, which in his hands are not lost or mishandled. A compensation due by him in this respect will which, due under articles 1357, 1359 1358 and in case of loss of the goods.
4 the carrier shall not be obliged to examine whether the specifications stated to him and the information and documents provided are correct or sufficient.
5 Is at the passage of time, within which the business should be at the disposal of the carrier, from any cause whatsoever not supported or are only partially fulfilled the obligation referred to in the first paragraph of the sender or to the expiry of the time within which the documents and information referred to in the second paragraph should be present , this, from any cause whatsoever not properly present, except in case of time chartering, the second, third, fourth and fifth paragraph of article 1362 shall apply mutatis mutandis.

1371 1 article the air waybill or the receipt, proof to the contrary, proof of the conclusion of the agreement, of the receipt of the goods and of the conditions of carriage which are listed.
2 Statements in the air waybill or the receipt relating to the weight, dimensions and packing of the business, as well as those relating to the number of packages, have power of proof proof to the contrary; those relating to the quantity, size and condition of the business stretch opposite the carrier only to proof, as far as they have been found by this right in the presence of the sender and this right are stated in the air waybill or the receipt or if it concerns declarations about the cosmetic condition of the business.

Article 1365 1372 articles, first, second and fourth member, 1366 and 1367 shall not apply to transport, that in special circumstances beyond any normal exercise of the aviation company.

1373 1 Article Under the condition that he all the obligations arising from the contract of carriage, the sender has the right over the Affairs to have either by this at the airport of departure or of destination to take back, either by this during the trip at a landing to stop, either by this at the place of destination or during the trip to do delivery to a person other than the consignee originally designated , either by returning to ask for the departure airport, as far as the exercise of that right is not damaging to the carrier or to the other senders and with the obligation to compensate the resulting charges.
(2) If execution of the missions of the sender is impossible, the carrier must immediately notify him thereof.

3 If the carrier the commands of the sender on the run without consultation went to claim the business to this copy of the air waybill or issued the receipt, he is, except his right of recourse on the sender, be liable for the damage that could be caused to the regular holder of the air waybill or the receipt.
4 the right of the sender ends at the moment when that of the consignee begins in accordance with article 1374. However, if the recipient refuses the business, or if he cannot be reached, the sender regains his right of disposal.

Article 1374 1 unless the sender the right to come has pursued him pursuant to article 1373, the recipient has the right immediately after arrival of the goods at the place of destination of the carrier to claim delivery of the goods against payment of the amounts due and subject to compliance with the conditions of carriage.
2 unless otherwise stipulated, the carrier must immediately notify the consignee of the arrival of the goods.
3. If the loss of the goods by the carrier is recognized, or if the goods after expiration of a period of seven calendar days, after they had to arrive, not have arrived, the consignee is entitled to the rights deriving from the contract, to the carrier.

Article 1375 the sender and the recipient can all rights that their 1373 and 1374 respectively in articles were granted, each in its own name, whether they act in their own interest or that of another, on condition that they imposed by the contract of carriage obligations.

1373, 1374 and 1375 1376 1 article articles show the relationship between the sender and the recipient and between them and the relationship of third parties, that their derive rights from the shipper or the consignee.
2 of the articles referred to in the first paragraph can only be derogated from by an express provision in the air waybill or in the receipt.

Without prejudice to section 1 of article 1377 Title 4 of book 6 are the sender and the recipient jointly and severally to reimburse the carrier connected the damage suffered by itself as agent became involved with the representation of the interests of a recipient to receive transport affairs.

1378 1 the carrier shall be entitled to issue business article, which he related to the transport agreement, refusing to everyone other than the contract of carriage is entitled to delivery of that matters unless batter is placed on the business and from the persecution of this attachment to the attaching party an obligation to issue results.
2 The right granted to the carrier in the first paragraph he is not his to a third party if he at the time that he received the case at transport, had cause to doubt the competence of the transport of the case against the third party sender to make available to him.

1379 1 article in so far as he that vis-à-vis the carrier is entitled to refuse this episode of transported to receive or not comes to mind, not with the urgency, as far as batter is placed on business, and if the carrier has reasonable grounds to believe that he who as owner comes up Nevertheless, not to the episode entitled , the carrier may these matters for the account and risk of the owner at a third store in an appropriate repository. At his request, the Court may determine that he can keep himself under these matters or other measures for that.
2 the third-party custodian and receiver are towards each other, as if the about the custody agreement entered into between them closed. The custodian, however, is not entitled to issue then after written consent of him who gave the goods in custody.
3 the carrier is mandatory for account of the owner of the sender and the receiver as soon as possible by a notification, for which the receipt clearly detectable, of the storage and the purpose.

1380 1 article In case of application of article 1379, the custodian or the carrier may he who towards the carrier is entitled to the episode, at his request, be authorised by the judge Affairs in whole or in part in the manner determined by this to sell.
2 The custodian is obliged the carrier as soon as possible of the proposed sale on; the carrier has this obligation to the sender and to the one against him is entitled to the delivery of the goods.
3 the proceeds of the sale is deposited in the consignment Office in so far as they are not intended to pay the costs of storage and sales as well as, within the limits of the reasonableness, of the costs incurred. Unless the herd is laid for a monetary claim, to the carrier from the amount to be determined in custody be met which is due to him in respect of the service; as far as these claims not yet certain to be incurred, the proceeds or portion thereof on the manner determined by right as security for these claims.
4 The revenue deposited in the consignment Office replaces the business.

Article 1381 the cost of sorting of the business, to the extent necessary for the proper delivery, shall be borne by the carrier.

Article 1382 In case of adoption by the recipient of the business without protest is suspect these in good condition and in accordance with the transport document or the data is logged by the other means referred to in article 1365, paragraph 2, have been delivered.

Section 3. Agreement of scheduled passenger transportation services by air Article 1390 the agreement of persons carriage within the meaning of this title is the agreement of carriage of passengers, whether or not time-or travel chartering, whereby one party (the carrier) opposite the other party connects on board an aircraft one or more people (travellers) and whether or not their baggage to transport exclusively by air.

Article 1391 the era of air carriage of passengers and their checked baggage not includes the time, that the traveller is on board the aircraft, as well as the time of any act relating to boarding and leaving the aircraft.

Article 1392 Time or travel chartering in the meaning of this section is the agreement of carriage with the carrier (the carrier) commits to transport on board an aircraft that he, unlike an agreement in which one party undertakes an aircraft available to her to keep some control on this other party without, as a whole, and whether or not at the time base (time chartering or travel chartering) makes available to its counterparty (the shipper).

Article 1393 the carrier shall be liable for damage caused by death or injury of the passenger, if the accident which caused the damage, took place during the period defined in article 1391.

Article 1394 1 the carrier shall be liable for damage caused by destruction, loss or damage to checked luggage if the incident which caused the damage, took place during the period defined in article 1351. The carrier shall not be liable to the extent that the damage resulted from the inherent defect or the nature of the baggage.
2 the carrier shall be liable for damage caused by destruction, loss of or damage to checked baggage, including personal effects, not if the damage resulted from its fault or that of those by whose help he made use in the performance of its commitment.

Without prejudice to article 1395 1 this section to the carriage of checked baggage 1351, 1357, 1358 articles, 1370, 1377, 1378, 1379 and 1380 shall apply mutatis mutandis.
2 parties have the freedom to depart from on their mutual relationship in the first paragraph applicable provisions stated.

Article 1396 1 the carrier shall be liable for damages arising from delay in the carriage by air.
2 the carrier shall not be liable for damage arising from delay, if he and those by whose help he made use in the performance of his undertaking all measures have taken, which could reasonably be required to avoid the damage or it was impossible that him and their measures.

Article 1397 1 if the carrier proves that negligence or other wrongful act or omission of the person claiming compensation or the person to whom he derives his rights, caused the damage or contributed in whole or in part, the carrier shall be relieved of his liability to that person provided that such fault or neglect caused the damage or contributed.
(2) if compensation is sought because of death or injury of a passenger by anyone other than that traveller, the carrier also wholly or partly relieved of his liability to the extent that it proves that the negligence or other wrongful act or omission of that passenger caused the damage or contributed.
3 this article applies to all the liability provisions in this Department, including article 1399, paragraph 1.

Article 1398


1 each clause to exempt tending to the carrier of his liability under this section or to a lower limit of liability than those provided for under this section shall be null and void, but the nullity of this clause does not have the nullity as a result of the agreement, which remains subject to this title.
2 this provision shall be without prejudice to article 1395, paragraph 2.

1399 1 article for damage referred to in article 1393 that an amount to be determined by order in Council of amounts not exceeding, the carrier may not limit or exclude its liability.
2 the carrier shall not be liable for damage referred to in article 1393 in so far as such an amount to be determined by order in Council or amounts, if he proves that: (a) the damage was not due to the negligence or other wrongful act or omission by him or of those by whose help he made use in the performance of its undertaking; or (b) the damage was solely due to the negligence or other wrongful act or omission of a third party.
3 article 1359, paragraph 3, shall apply mutatis mutandis.

Article 1400 1 In case of damage caused by delay as specified in article 1396 in the transport of travellers, the liability of the carrier is limited to an amount to be determined by order in Council or amounts.
2 to the carriage of baggage, the liability of the carrier in case of destruction, loss, damage or delay is limited to an amount to be determined by order in Council or amounts except special declaration of interest in the episode done by the traveller when issuing the checked baggage to the carrier and at an increased rate possibly. In that case, the carrier is required to pay to the amount of the specified sum, unless he proves that this it really interests of the traveller at the episode.
3 article 1359, paragraph 3, shall apply mutatis mutandis.

Article 1401 1400 mentioned liability limits in article shall not apply if it is proved that the damage is the result of a private act or omission of the carrier or of any person whose assistance he made use in the implementation of its commitment, which took place with the intent to cause damage, or recklessly and with the knowledge , that damage would probably result; in the case of a private act or omission of a person as referred to above must also be proven that this was acting in the exercise of the work for which it was used.

Article 1402 1 If proceedings on the basis of damage referred to in this section is brought against a person whose assistance the carrier in the performance of his commitment made, will use this, if he proves that he acted in the work for which it was used, in order to be able to invoke the limits of liability which the carrier itself under articles 1399 and 1400.
2 the total amount of damages, which in that case of the carrier and the person referred to in paragraph 1 may be obtained, the 1399 and 1400 mentioned in article article do not exceed limits.
3 the first and second paragraph shall not apply if it is proved that the damage is the result of a private act or omission by the person referred to in the first paragraph, which took place with the intent to cause damage, or recklessly and with knowledge that damage would probably result.

Article happen to injury to the passenger In case of 1403 and of the death of the passenger, articles 107 and 108 of book 6 do not apply to the progress made by the other party of another carrier against carrier as the latter set.

The other party of the carrier Article 1404 is required to compensate the damages that he suffers because the traveller, from any cause whatsoever not timely transport.

Article 1405 the other party of the carrier is obliged to compensate the damage he suffers because the documents related to the traveler, who by her side for the transport are required, from any cause whatsoever not to belong.

Article 1406 1 without prejudice to article 179 of book 6, the traveller is obliged to compensate the damage, the carrier that he or his baggage has harmed and this by the naked fact, that the event, which caused the damage, took place during the period defined in article 1391, or with regard to checked baggage defined in article 1351 period.
2 the damage is deemed to be the by the carrier to its reasonable opinion amount to be determined, but if the carrier believes that the damage more than 227 euro, he must prove this.

Article 1407 1 When before or during the transport conditions on the part of the other party by the carrier or the traveler or come forward, which the carrier at the time of conclusion of the agreement does not need to know, but which, if it had been him known, reasonably for him had brought the contract of carriage not ground or on other conditions to enter , the carrier shall be entitled to use the agreement and to remove the traveler from the aircraft.
2 denunciation shall be effected by a notification to the other party by the carrier or to the traveler and the agreement ends at the time of receipt of the first notification received.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement to compensate the damage suffered thereby each other.

Article 1408 1 When before or during the transport conditions on the side of the carrier are gaining or come forward, that his counterpart at the conclusion of the agreement do not need to know, but which, if it had been, its known for its reasonably resulted in the contract of carriage had not or on other conditions, the carrier shall be entitled to use the other party of this agreement.
2 denunciation shall be effected by a notification and the agreement ends at the time of receipt.
3 according to the standards of reasonableness and fairness are parties after termination of the agreement shall oblige each other to compensate the damage suffered thereby.

Article 1409 When the traveler after leaving the aircraft does not return in time, the carrier may consider the contract to be terminated at that time.

Article 1410 1 the other party of the carrier is becoming empowered the agreement. It is required the carrier to compensate this damage as a result of the termination.
2 they may not exercise this right, when the travel of the aircraft would be delayed.
3 The termination shall be effected by a notification and the agreement ends at the time of receipt.

1411 1 article in the transport of travellers, individually or collectively, a transport document should be awarded.
2 the presentation of the transport document referred to in the first paragraph may be replaced by the use of any other means through which the data concerning the trip. If such other means are used, the carrier offers to the captured data in written form to the traveller to reach out.
3 the carrier reaches out to the traveller an identification tag for each piece of checked baggage.
4 to the passenger is a written communication provided to the effect that when this title is he can limit the liability of carriers and in respect of death or injury and in case of destruction, loss or damage to baggage, and for delay.
5 non-compliance with the provisions of the preceding paragraphs shall not affect the existence or validity of the contract of carriage, which nevertheless will be subject to the provisions of this title including those on limitation of liability.
6 the first paragraph does not apply between parties to a chartering.
7 articles 56, 75, paragraph 1, and paragraph 2, 186, paragraph 1, of Book 2 shall not apply.
8 of this article shall not apply to transport operations in special circumstances beyond any normal exercise of the aviation company.

Article 1412 the traveller has the right immediately upon arrival at its destination of the carrier to deliver the luggage to recover him.

Without prejudice to article 1413 section 1 of Title 4 of book 6 of the carrier the other party is obliged to compensate the damage, the carrier suffered this itself as agent became involved with the representation of the interests of the traveller with regards to his luggage.

Article 1414 In case of adoption by the traveller of the checked baggage without protest is suspect these in good condition and in accordance with the data recorded by the other means referred to in article 1411, second paragraph, is delivered.

Section 4. Sequenced transport Article 1420 1 In cases where the transport is governed by article 1344 and that it should be achieved through different carriers, each carrier who accepts passengers, baggage or other matters subject to the provisions given in this title; He is classed as one of the parties that have concluded the contract of carriage in so far as that agreement relates to the part of the transport, that under his control is achieved.

2 In case of such transport the traveller or any other person who has one of these secondary legislation on compensation single story on the carrier, which has brought about the transportation during which the accident or the delay occurred, save in the case of the first carrier at the liability clause expressly for the entire transport.
3 If the luggage and other matters, the traveller can appeal to the sender respectively the first carrier; the traveller or the recipient who has the right to issue or the traveller has recourse against the last carrier; In addition, they can appeal to the transport the carrier has achieved during which the destruction, loss, damage or delay took place. These carriers are jointly and severally liable towards the traveller, the sender and the recipient.
VI. transport on Rails Title 18. Agreement of carriage of goods by railways Department 1. General provisions article 1550 1 the agreement of goods carriage within the meaning of this title is the agreement of goods transport, in which one party (the carrier) in front of the other party (the sender) connects to the carriage of goods exclusively over railways. Parties may contract terms that this title applies to the transport by road or waterway that in addition to transport by railways.
2 this title shall not apply to agreements for the transport of postal items by or on behalf of the holder of a concession referred to in the postal law or under an international postal agreement.
3 this title shall not apply to agreements for the carriage of baggage.

Article 1551 for the purposes of this title, the following definitions shall apply: a. the carrier: the contractual carrier with whom the sender has concluded the contract of carriage, or a successive carrier who is liable on the basis of the contract of carriage;
b. actual carrier: a carrier that does not have the transport agreement with the sender, but to whom the carrier referred to in (a) the performance of the transport on railways, has entrusted, in whole or in part;
c. intermodal transport unit: containers, swap bodies, trailers or other similar loading units used in intermodal transport.
d. VSG: Control over the railway transport of dangerous substances.

Article The legal provisions about 1552, safekeeping and on loan are not applicable to provision of a rail vehicle in order to transport by means of business so that the one that the rail vehicle, is mandatory for the propulsion thereof.

1553 insist that indirectly or immediately article is different from the in this title and in 1727 certain article is void, unless the contract of carriage not for consideration is closed. The nullity of such clauses has not the invalidity of the other terms of the contract of carriage. Nevertheless, a carrier a heavier and heavier obligations than liability from this title.

Section 2. Conclusion and implementation of the contract of carriage Article 1554 1 on the basis of the contract of carriage, the carrier is required to transport the goods to the place of destination and to deliver them to the addressee.
2 the contract of carriage must be recorded in a bill of lading. The absence, irregularity or loss of the consignment note, however, affects neither the existence, nor the validity of the contract of carriage, which shall remain subject to this title.
3 the Bill of lading is signed by the sender and the carrier. The signature can be replaced by a stamp or any other appropriate method.
4 the carrier must the adoption at traffic on the road letter on the Bill of lading the sender the appropriate confirm and duplicate.
5 the consignment note does not have the meaning of a bill of lading.
6 for each consignment must be laid out a bill of lading. Unless otherwise agreed between the sender and the carrier, a bill of lading can relate only to the load of one rail car.
7 The consignment note, including the duplicate-consignment note, can also be prepared in the form of electronic data registration, which can be converted to readable characters. The for the registration and treatment of data must be equivalent from a functional point of view used procedures, in particular as regards the evidential value of the consignment note, provided by this electronic data is formed.

1555 1 article the Bill of lading must contain the following particulars: (a) the place and date of preparation;
b. the name and address of the sender;
c. the name and address of the carrier that has concluded the contract of carriage;
(d) the name and address of the person to whom the business effective transport were issued, if this is not the carrier is mentioned in (c);
(e) the place and date of the delivery of business were taken;
f. the place of delivery;
g. the name and address of the consignee;
h. the description of the nature of business and the business their way, and packaging for dangerous description in the VSG prescribed for the international carriage of dangerous matters;
i. the number of packages and the identification of general cargo shipments required special marks and numbers;
j. the car number, in case of transport of full wagon load;
k. the number of the railway vehicle on its own wheels to transport case that if transport is offered;
l. Additionally, when the intermodal loading units, the category, the number or other characteristics necessary for their identification;
m. the gross mass or otherwise expressed quantity of matters;
n. a precise list of the prescribed by public authorities documents which are attached to the consignment note or at the disposal of the carrier are lodged with an specified authority or a body referred to in the agreement;
d. on the transport-related costs (freight price, additional costs and other costs incurred from the conclusion of the agreement until the episode Genesis) in so far as they are to be paid by the consignee or any other indication that the fee will become payable by the recipient.
2 the consignment must, where appropriate, in addition, contain the following information: a. In the case of carriage by successive carriers: the to delivery of business mandatory carrier, in so far as such with its assent was placed on the Bill of lading;
(b) the costs incurred by the sender;
c. the amount of the cash on delivery at the delivery of the goods to be collected;
(d) the declared value of the business and the amount of the particular interest in the episode;
e. the agreed delivery term;
f. the list of documents handed to the carrier, not listed in (1) n;
g. the entries by the sender of the number and description of the seals applied by him on the wagon.
3 In the Bill of lading, the parties to the contract of carriage other written record which they consider appropriate.

Article 1556 1 the sender shall be liable for all costs and damages, which the carrier resulting from: a. indications by the sender on the Bill of lading that inaccurate, incorrect or incomplete or other than the prescribed place for them were mentioned or b. failing particulars required by the sender through the VSG.
2 If the carrier indications on the Bill of lading shall indicate on the request of the sender, he is deemed to act on behalf of the sender, the absence of proof to the contrary.

Article 1557 when the sender has failed to mention the particulars required by the VSG, the carrier may at any time, depending on the conditions require, the unload, destroy or defuse business without this giving rise to any compensation, except if conducting the adoption at the transport of the business knowledge of the dangerous nature of the business.

Article 1558 1 unless otherwise agreed between the sender and the carrier the costs (freight price, additional costs and other costs, starting from the conclusion of the agreement to the episode Genesis) be paid by the sender.
2 when, on the basis of a contractual term between the sender and the carrier, the costs borne by the recipient, and when the recipient has received neither the Bill of lading, or his rights from the contract of carriage in accordance with paragraph 3, article 1565 has neither the contract of carriage in accordance with article modified 1566, the costs paid by the sender.

1559 1 article the carrier always has the right to examine whether the conditions are fulfilled and whether the consignment corresponds to the information listed on the Bill of lading by the consignor. When this research is related to the contents of the shipment takes place as far as possible in the presence of the owner; in the event that this is not possible, the carrier job on two independent witnesses.

(2) if the shipment does not correspond to the indications on the Bill of lading or if the rules relating to the conditional to allow transport of the business have not been complied with, the result of the investigation indicated on the plate of the Bill of lading that the goods must accompany, and likewise on the duplicate-bill of lading, if the carrier there still. In that case, the cost of the research at the expense of the case, unless it be paid immediately.
3 when the sender takes care of the loading, it may require that the carrier the State of the business and their packaging, as well as the accuracy of the indications on the road letter mentioned about the number of packages, their marks and numbers as well as the gross mass or otherwise expressed quantity. The carrier is only required when the appropriate resources available to him. The carrier can claim back the cost of the investigation. The result of the researches is listed on the Bill of lading.

1560 1 the consignment note article delivers full proof, the absence of proof to the contrary, of the conclusion and content of the contract of carriage, as well as of the ten transport adopt the business by the carrier.
2 when the carrier care has carried for the loading, the Bill of lading full proof, the absence of proof to the contrary, of the State of affairs and their packaging as stated on the consignment note or, in the absence thereof, the proof of their looks good condition in implementing adopt transport by the carrier and the accuracy of entries on the Bill of lading on the number of packages , their marks and numbers as well as the gross mass or otherwise expressed quantity.
3 when the sender care has carried for the loading, the Bill of lading only full proof, the absence of proof to the contrary, of the State of affairs and their packaging, as stated on the Bill of lading and, in the absence thereof, the proof of their appearance and the accuracy of the entries listed in paragraph 2, in the event that the transporter has examined and the result of his research on the Bill of lading has noted.
4 delivers the Bill of lading shall not full proof on in case they contain a reasoned reservation. A reservation can be especially motivated by the fact that the carrier does not have appropriate resources to investigate whether the consignment corresponds to the data on the Bill of lading.

1561 1 sender and carrier come mutually agreed article which of them should perform the loading and unloading of the business. In the absence of such a clause is for loading and unloading cargo the commitment at the carrier, while for wagon loads the obligation for loading to the sender is and that for unloading after delivery to the recipient.
2 the sender is liable for all consequences of the inadequate load he has carried out and he should, in particular, the damage sustained by the carrier by this fact. The proof of the lack of loading rests on the carrier.

Article 1562 the sender is liable to the carrier liable for all damages and costs caused by the absence or inadequacy of packing, unless the defect was visible appearance or the carrier there knowledge of had in implementing transport adopt the Affairs and he made no reservations.

1563 1 article with a view to complying with the required customs or other requirements of public authorities should the sender prior to delivery of the goods in the Bill of lading or add the necessary documents to the carrier and him all the desired information.
2 the carrier shall not be obliged to verify these documents and information are correct and complete. The sender is liable to the carrier liable for all damage caused by the absence, the incompleteness or the irregularity of the documents and information, except in the case of fault of the carrier.
3 The carrier shall be liable for the consequences of the loss or the irregular use of the listed on the Bill of lading and attached or handed him documents, unless the loss or damage caused by the irregular use of these documents is the result of circumstances which the carrier could not avoid and the consequences of which he could not prevent. Any compensation shall be no more than that in the event of loss of the goods.
4 the sender, by a statement on the Bill of lading, or the consignee, by a contract in accordance with article 1566 paragraph 3, questions: a. that in meeting the required customs or other government regulations he himself is present either by a proxy to represent itself does all the relevant information and make comments;
b. that he complies with the required customs or other government regulations comply with them or by an authorised representative;
c. that, when he himself or his authorised representative to meet the required customs or other government regulations is present or the latter itself, he the Customs and other fees.
In these cases must neither the sender nor the recipient who has the right over the Affairs, business or their authorized representative;
5 If the sender has a place appropriate for compliance with the customs or other government regulations where required under the applicable requirements is not possible or if it for compliance with these rules a different course of action, unenforceable has prescribed, the carrier on the most cost effective way according to him for the rightholder and shall notify the measures taken to the sender.
6 the carrier may, however, act in accordance with the provisions of paragraph 5, if the addressee has received the Bill of lading not within the time limit prescribed by the rules in force at the place of destination.
7 the sender must meet the Government regulations as regards the packaging and the cover of the business. If the sender is not in accordance with these provisions has packaged or covered, the carrier may take care of that; the resulting costs shall be borne by the business.

Article 1564 1 the sender and the carrier, the delivery term match. In the absence of a term the delivery term however can never exceed that resulting from the paragraphs 2 to 4.
2 subject to paragraphs 3 and 4 shall be EUR send the maximum delivery terms: period of 12 hours;
transport period of 24 hours.
3 the carrier can determine terms of certain expensive surcharge: in extraordinary circumstances that an unusual traffic growth or unusual difficulties for the business execution, or in shipments intended for drives that are operated daily only once per day or not.
The duration of the payment terms must be included in the General conditions of carriage.
4 the delivery period starts to run from the adoption at transportation of the business; He will be extended by the duration of a non by the fault of the carrier caused delays. The delivery term is suspended on Saturdays, Sundays and legal holidays.

Article 1565 1 the carrier must issue the Bill of lading and deliver the goods to the addressee for the episode on the proposed place against discharge and payment of the claims arising from the contract of carriage.
2 with the delivery to the consignee, at the place of destination when required in accordance with the prescriptions in force: (a) the issue of the business to the taxing authorities in their customs or shipping or storage rooms, when that is not under the care of the carrier;
b. the storage of the goods to the carrier or the escrow deposits in a shipping agent or in a public customs warehouse.
3 after the arrival of the goods at the place of delivery, the recipient can ask him the Bill of lading to the carrier and to hand over to him the business. If the loss of the goods is established or if the goods within the period referred to in Article 1577 arrived, the recipient in his own name his rights from the contract of carriage against the carrier.
4 the person entitled may refuse the receipt of the goods, even after the reception of the consignment note and paying claims arising out of the contract of carriage, as long as not proceeded to the investigations where he requested for the purpose of establishing the alleged damage.
5 Moreover, the delivery of the goods in accordance with the rules in force at the place of delivery.
6 If the goods have been delivered to the addressee without prior recovery of the cod that rests on the business, the carrier held to reimburse the damage the sender to not more than the amount of the cash on delivery, without prejudice to its recourse on the recipient.

The sender has the right to 1566 1 article about the business and the contract of carriage by further commands. In particular, he can ask the carrier to transport the goods no further a.;
b. the episode;
c. the business to any other than the addressee to deliver on the Bill of lading;
d. the things other than the place mentioned on the consignment note.
2 the right of the sender to change of the contract of carriage is void, even when he is in possession of the duplicate-bill of lading, in cases where the recipient (a). the Bill of lading received;

b. the business has adopted;
c. paragraph 3 has its rights in accordance with article 1565;
d. jurisdiction further commands in accordance with paragraph 3; from that time, the carrier must follow the detailed commands and indications of the recipient.
3 the right to modify the contract of carriage comes to the recipient from the time when the consignment note is drawn up, unless otherwise specified by the shipper on the Bill of lading.
4 the right of the recipient to change of the contract of carriage is void when he: a. has received the Bill of lading;
b. the business;
c. paragraph 3 has its rights in accordance with article 1565;
d. prescribed in accordance with paragraph 5 has to deliver the goods to a third party, and when these are rights in accordance with article 1565 member 3 has.
5 If the consignee has prescribed to deliver the business to a third party, the latter is not entitled to the contract of carriage.

Article 1567 1 When the sender or the recipient in case of article 1566 (3) wants to change the contract of carriage the carrier by later commands, he must offer the duplicate-bill of lading on which the changes were made.
2 the sender or the recipient in case of article 1566 (3) the carrier must reimburse all costs and the damage arising from the execution of the subsequent changes.
3 performing subsequent changes should be possible, lawful and reasonable for the time being that the commands to the party who must perform, achieve and in particular it must neither hinder the usual business practice of the transport enterprise, neither the senders and recipients of other shipments.
4 subsequent amendments should not result in a split of the consignment.
5 when the carrier, taking into account the provisions referred to in paragraph 3, the instructions received can not perform, he must immediately those who inform, calls on the changes.
6 In case of fault of the carrier he is liable for the consequences of non-execution or defective execution of a subsequent amendment. Any compensation shall be no more than that in the event of loss of the goods.
7 the carrier that comply with subsequent amendments to the sender without the production of the duplicate-bill of lading, is liable to the recipient liable for the resulting damage, if the duplicate-freight letter to the latter is handed over. Any compensation shall be no more than that in the event of loss of the goods.

Article 1568 1 In case of an obstacle in the transportation, the carrier or it is preferable to carry matters further or whether it is in the interests of the disposition to request instructions, which he entitled him to any relevant information available to him.
2 If a further transportation is not possible, calls on the carrier the disposition entitled to instructions. If the carrier fails to obtain these instructions, must take measures which seem the most advantageous for him entitled the interests of disposition.

Article 1569 1 In case of an obstacle in the delivery, the carrier must immediately inform the sender and he must ask him for instructions, unless the sender by a statement on the Bill of lading has called for in case of an obstacle in the episode the business returning it.
2 when the obstacle in the episode drops out before the carrier reach the sender's instructions, the business delivered to the recipient. The sender should be informed accordingly without delay.
3 In case the consignee refuses to receive the goods, the sender shall be entitled to give instructions, even if he is not able to submit the duplicate-bill of lading.
4 when the obstacle in the episode occurs, the recipient after the contract of carriage in accordance with paragraphs 3 and 5 amended article 1566, the carrier must inform this recipient.

1570 1 article the carrier is entitled to reimbursement of the costs caused by: a. obtaining instructions, b. running the received instruction, c. not or not timely receiving requested by him instruction, d. taking a decision pursuant to paragraph 1 article 1568, to have asked without instructions, unless these costs are caused by his fault. He may, in particular, the freight charge for the actual transport route and claim the corresponding delivery term.
2 In the cases referred to In paragraph 2 and in article article 1568 1569 paragraph 1 the carrier may the business immediately and at the expense of the owner. After unloading, the transport shall be deemed to be terminated. The carrier then saves the business on behalf of the owner. He may, however, entrust the Affairs to a third party and is only liable for the judicious choice of such third party. The business remain in charge of the claims arising from the contract of carriage and all other costs.
3 In case of application of paragraph 2 shall apply mutatis mutandis Article 1133.
4 If in case of obstacles in transport or in the episode the sender communicates no instructions within a reasonable time and drag in transport or in the episode cannot be resolved in accordance with the provisions of paragraphs 2 and 3, the carrier may return the business at the expense of the sender or, if justified, destroy it.

Section 3. Liability Article 1571 1 the carrier shall be liable for the damages resulting from loss of or damage to the business, in whole or in part from the adoption at transport up to the episode, as well as owing to the delay in delivery.
2 The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery is caused by fault of the owner, by a command from the copyright holder that is not due to the fault of the carrier, by inherent defect of the case (internal decay, weight loss, etc.) or by circumstances which the carrier could not avoid and the consequences of which he could not prevent. Defectiveness or malfunctioning of the material from which the carrier uses, including the railway infrastructure shall not be considered as a circumstance that the carrier could not avoid and the consequences of which he could not prevent.
3 The carrier shall be relieved of this liability to the extent that the loss or damage is a result of the particular risks, connected with one or more of the following facts: a. the transportation in open vehicles, carried out pursuant to a provision included in the contract of carriage applicable general conditions of carriage and expressly agreed and indicated on the Bill of lading; except for the damage caused by weather conditions, the business, the business loaded in intermodal transport units and in closed road vehicles on rail wagons are transported, not considered as transported in open car; If the sender mantles for the carriage of goods in open truck used, the carrier has the same liability as used in the transport in open cars without coverings, even if it matters which, according to the General conditions of carriage not in open vehicles are transported;
b. the absence or defectiveness of the packaging at matters which by their nature are subject to loss or damage when not packed or are defective;
(c) the loading of the goods by the shipper or unloading by the consignee;
d. the nature of certain matters by with this nature-related causes are exposed to loss or damage in whole or in part, such as in particular breakage, rust, decay, desiccation, inner and spontaneous reduction in mass;
e. the incorrect, inaccurate or incomplete name or numbering of packages;
f. the transport of live animals;
g. transport that, pursuant to the relevant provisions or terms listed on the Bill of lading between the sender and the carrier must be carried out under the guidance, if the loss or damage is the result of a danger that the guidance had to avoid.

Article 1572 1 In case of a transport of on its own wheels rolling rail vehicles that are offered as to transport case transport, the carrier shall be liable for the damages resulting from the loss of or damage to the rail vehicles and components thereof from the adoption in transport to the episode as well as for the damage resulting from the crossing of delivery term unless he proves that the damage was not caused by his fault.
2 the carrier shall not be liable for damages resulting from the loss of the individual components of which no mention is made on both sides of the vehicle or which are not included in the inventory which accompanies the vehicle.

Article 1573 1 proof that the loss, damage or delay in delivery by one of the causes mentioned in article 1571 (2), rest on the carrier.
2 when the carrier proves that the loss or damage, having regard to the circumstances of the case, may have originated from one or more of the special risks referred to in article 1571 (3), it is suspected that the loss or damage thereby caused. However, the owner has the right to prove that the damage in whole or in part by any of these risks is not caused.

3 the presumption according to paragraph 2 shall not apply in the case referred to in article 1571 (3) (a) in the case of an unusually large loss or a loss of packages.

Article 1574 when a transport that is the subject of a single contract of carriage is performed by successive carriers, each carrier, you may experience more by taking over the business with the Bill of lading to the contract of carriage in accordance with the provisions of the Bill of lading and take the resulting obligations. In this case each carrier shall be liable for the performance of the transport over the entire route up to delivery.

1575 1 article when the carrier in whole or in part, the performance of the transport has been entrusted to an actual carrier, whether or not on the basis of a power granted to him in the contract of carriage, the carrier shall nevertheless remain liable for the entire carriage.
2 all the provisions of this title relating to the liability of the carrier also apply to the liability of the actual carrier in relation to the transport provided by him. Where a claim is lodged against its servants and other persons whose services the substitute carrier makes use for the performance of the transport, articles 1584 and 1587.
3 a special agreement in which the carrier assumes obligations not under this title, or in which renunciation of rights that have been granted him under this title, is not binding on the actual carrier who not has agreed expressly and in writing. Regardless of whether or not the actual carrier has accepted this agreement, the carrier nevertheless remains bound by the obligations arising from this special agreement or waiver of rights.
4 when and to the extent that the carrier and the actual carrier are liable, they are jointly and severally liable.
5 the total amount of compensation payable by the carrier, the actual carrier and their servants and other persons whose services they make use of for the performance of the transport is not higher than the maximum amounts prescribed in this title.
6 this article shall be without prejudice to the possible recourse rights between the carrier and the actual carrier.

Article 1576 when a shipment, sent in accordance with this title is, likewise has been forwarded in accordance with this title and when after this transmission a partial loss or a damage has been established, it is suspected that the partial loss or damage has occurred during the last transport agreement, if the consignment has remained under the care of the carrier and is forwarded in the same condition in which they arrived at the place of transmission.

1577 1 The beneficiary may without further proof the article things like lost, when they are not within 30 days after the end of the delivery term or have been delivered to the addressee at his disposal.
2 the person entitled may, by receiving the compensation for lost business shall immediately notify in writing ask to be informed in case things are recovered within one year after the payment of compensation. The carrier confirms this request in writing.
3 within 30 days following receipt of the notification referred to in paragraph 2, the right holder may request that the goods be delivered to him against payment of the claims which arise from the Bill of lading and against refund of the compensation received less, where appropriate, of the costs that would have been understood in this compensation. He nevertheless retains its rights referred to in articles 1581 and 1583 to compensation for exceeding the delivery term.
4 in the absence of a request referred to in paragraph 2 or of instructions given within the period referred to in paragraph 3, or if the business more than a year after the payment of the damages recovered, the carrier about that in accordance with the laws and regulations in force at the place where the goods are situated.

1578 1 article In case of partial or complete loss of business, the carrier must, to the exclusion of all other damages, pay compensation calculated according to the stock exchange price, in the absence thereof, in accordance with the market price and, in the absence of both, according to the usual value of goods of the same nature and quality on the day and the place where the business payable.
2 the compensation shall not exceed 17 units of account per kilogram of gross mass missing. The unit of account is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in the first paragraph are converted into Dutch money to the exchange rate of the day when the payment is made. The value of the Dutch money, expressed in special drawing rights, shall be calculated in accordance with the valuation method used by the International Monetary Fund on the day of conversion being applied for its own operations and transactions.
3 In case of loss of a railway vehicle on its own wheels to transport case that if transport is offered or by loss of an intermodal transport unit or by their constituents, is the compensation, to the exclusion of all other damages, limited to the usual value of the vehicle or intermodal rail transport unit or their constituents on the day and the place of the loss. If it is not possible the day or the place of the loss, the compensation is limited to the usual value on the day and the place of the reception.
4 the carrier must in addition the freight and the other in respect of the carriage of the lost business to repay amounts paid, with the exception of the business carried on under suspension of excise duties that excise duties.

1579 1 article on issues, which, under their nature generally undergo a weight loss during transport, the carrier shall, regardless of the length of the journey, is liable only for the portion of the loss that exceed: a. 2% of the mass for liquid or in humid State offered business;
b. 1% of mass for dry matters.
2 on the limitation of liability referred to in paragraph 1 may not be invoked if it is proven, that the loss, having regard to the circumstances of the case, no result of causes, which justify the derogation.
3 In the event that more packages are transported with a single Bill of lading, the weight loss calculated for each package design, when the mass of departure mentioned separately on the Bill of lading is or otherwise can be fixed.
4 In case of total loss of the case or in the event of loss of packages for the calculation of compensation no deduction due to weight loss during transport.
5 this article shall be without prejudice to the articles 1571 and 1573.

1580 1 article In the event of damage of the goods, the carrier must, to the exclusion of all other damages, pay compensation equal to the depreciation of the business. This amount is calculated by subtracting the value of the business in accordance with article 1578 certain the percentage established at the place of destination of the depreciation.
2 the compensation shall not exceed: a. If the whole consignment has been reduced in value by the damage, the amount payable in case of total loss;
b. If only a portion of the shipment by the damage in value is reduced, in the case of loss of the amount to be paid in value reduced part.
3 In case of damaging a railway vehicle on its own wheels to transport case that if transport is offered or to damage of an intermodal transport unit or by their constituents, the liability is limited to the repair costs, to the exclusion of all other damages. The compensation shall not exceed the amount payable in the event of loss.
4 the carrier must in addition, paragraph 4 in article 1578 costs in the cases referred to in paragraph 1 particular ratio.

1581 1 Article If a damage, including damage, arising out of, the exceeding of the delivery term, the carrier must pay compensation not exceeding the four copies of the freight.
2 In case of total loss of the business not on top of the compensation referred to in paragraph 1 shall be those referred to in article 1578.
3 In case of partial loss of the goods, the compensation in paragraph 1 no longer than the four copies of the freight of the not lost part of the shipment.
4 In case of damage of business that is not due to the exceeding of the delivery term, where applicable, the compensation referred to in paragraph 1, in addition to those referred to in article 1580.
5 under no circumstances can the sum of the compensation referred to in paragraph 1 and that of the 1578 and 1580 articles exceed the compensation payable in case of total loss of the goods.

6 when the delivery period in accordance with article 1564 (1) has been established by agreement, can in it in a paragraph 1 derogations for damages. If in this case the article 1564 delivery terms referred to in paragraphs 2 to 4 are exceeded, the person entitled to compensation from the above agreement either the desire or the compensation that in paragraphs 1 to 5.

Article 1582 the sender and the carrier may agree that the consignor in the consignment note a value of business that the maximum amount prescribed in article 1578 (2). In that case, enter the amount indicated in the place of this maximum amount.

Article 1583 the sender and the carrier may agree that the sender specifies a particular interest in the episode by the Bill of lading to mention an amount in numbers in case of loss or damage and the case of exceeding the delivery term. In case of Declaration of a vested interest in the episode may top on 1578, 1580 and 1581 in articles compensation referred to the remuneration of the other proven damage may be required up to a maximum of the amount of the indicated interest.

Article in articles 1563 1584 1567 (6) and (7) paragraph 3, 1578, 1580 to 1583, referred to limitations of liability shall not apply if it is proved that the damage arose from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

1585 article if the person entitled does not within a reasonable time it for the final settlement of the claim to submit the necessary supporting documents to the carrier, the interest on the damages is not between the expiry of the time limit and the actual presentation of the pieces.

Article 1586 The carrier shall be liable for his servants and other persons whose services he makes use for the performance of the transport, when it subordinates or other persons acting in the performance of their duties. The managers of the railway infrastructure on which the carriage is performed shall be considered as persons whose services the carrier makes use for the performance of the transport.

Article 1587 1 In all cases where this title applies, an action for liability against the carrier only, regardless of the legal basis, be set up under the conditions and limitations of this title.
2 the same applies to a claim brought against the servants and other persons for whom the carrier is liable under article 1586.

Section 4. Exercise of rights Article 1588 1 When a partial loss or damage is discovered or presumed by the carrier or alleged by the person entitled, the carrier must without delay, and if possible in the presence of the owner a written report that depending on the nature of the injury, the State of the business and, if possible, the extent, cause and time of occurrence of the damage.
2 a copy of the police report must be provided free of charge to the person entitled.
3 when the owner does not agree with the entries in the official report, article 1135 shall apply mutatis mutandis.

Article 1589 1 claims relating to the contract of carriage must be made in writing to the carrier against whom legal action can be set.
2 claims can be submitted by the persons entitled to take legal action against the carrier.
3 the sender that submits a claim, the duplicate-bill of lading is required. Failing that, he must submit the recipient's permission or prove that the business has refused.
4 The recipient who submits a claim, the Bill of lading, if it is issued to him.
5 The consignment note, the duplicate-bill of lading and other documents which the person entitled to add to his claim would have to be submitted in original, or, where appropriate, at the request of the carrier, in a duly certified copy.
6 at the settlement of the claim, the carrier may the submission of the original of the Bill of lading, Bill of lading or the duplicate-the cod require proof to the scheme.

Article 1590 1 subject to paragraphs 3 and 4, are to establish the legitimate legal actions on the contract of carriage shall be entitled: (a) the sender until the recipient has received the Bill of lading i., ii. the business has adopted or iii. the 1565 1566 him under article 3 paragraph 3 or article Member has rights;
b. the recipient from the time when he has received the cargo letter i., ii. the business has adopted or iii. the 1565 1566 him under article 3 paragraph 3 or article has member rights.
2 the right of the recipient to a legal claim, expires when the person appointed by him in accordance with article 1566 paragraph 5 has received the Bill of lading, the business has answered or the rights due him under article 1565 (3) has.
3 the legal claim for repayment of a sum paid pursuant to the contract of carriage, only to the person making the payment done.
4 the legal claim relating to cash on delivery only comes to the sender.
5 To take legal action should the sender the duplicate bill of lading is required. Failing that, he must submit a permission of the recipient or prove that the business has refused. If necessary, the sender provide evidence of the absence or loss of the consignment note.
6 To take legal action should the recipient, if this Bill of lading is issued to him.

Article 1591 1 subject to paragraphs 3 and 4, on the contract of carriage solely legitimate legal actions brought against the first or last carrier or against the carrier who performed the carriage during which that part of the fact that until the legal action has led, occurred.
2 when in case the carriage is performed by successive carriers, the carrier who must deliver the business with its assent was placed on the Bill of lading, the legal action against him in accordance with paragraph 1 may be set, even if he has not received the business or the Bill of lading.
3 the legal claim for refund of amount paid under the contract of carriage may be brought against the carrier who has collected that sum or against the person for whose benefit this amount is collected.
4 the legal proceedings in respect of cash on delivery can only be brought against the carrier who has adopted at the place of shipment in transport.
5 The judicial procedure can against another than the carriers referred to in paragraphs 1 and 4 be set up as a defence or counterclaim in proceedings about a legitimate claim on the same contract of carriage.
6 to the extent that this title applies to the actual carrier, an action may also be brought against him.
7 if the plaintiff has the choice between more carriers, his right of option shall expire as soon as the legal proceedings against one of them; This shall also apply if the plaintiff has a choice between one or more carriers and a substitute carrier.

Article 1592 1 by the reception of the goods by the person entitled is this suspect the business had received in good condition and on time.
2 this presumption may only be rebutted: a. in the event of partial loss or damage, if i. the loss or damage has been established in accordance with article 1588 before the receipt of the goods by the person entitled;
II. the establishment, should have been made in accordance with article 1588, not only by the fault of the carrier.
b. in case of appearance not observable damage, which was adopted after the reception of the goods by the person entitled, if i. the adoption in accordance with article 1588 immediately after the discovery of the damage and at the latest within seven days from the receipt of the business requires, and ii. In addition, proves that the damage at the transport between the adoption of the business and delivery;
c. in case of exceeding of the delivery term, if the person entitled his rights within 60 days at one of the carriers referred to in article 1591 has;
d if the person entitled proves that the loss arose from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
3 If the goods are forwarded in accordance with article 1576, claims one of the prior contracts of transport in case of partial loss or damage if it concerned a single agreement.

Section 5. Mutual relations between carriers Article 1593 1 Each carrier must share due to the relevant carriers paying the charges or other claims arising from the contract of carriage, which he has collected either on departure or upon arrival or should have. The method of payment is set out in an agreement between the carriers.
2

1560 article shall also apply to the relations between successive carriers.

Article 1594 1 the carrier who has paid compensation pursuant to this title, has the right of recourse against the carriers involved in the carriage in accordance with the following provisions: (a) the carrier who has caused the loss or damage, is only liable;
b. when the damage is caused by more carriers, each of them liable for the damage caused by him; This allocation is not possible, then will the compensation be divided among them according to part c;
c. If it cannot be proved which carrier caused the damage, the compensation under all carriers involved in the transport divided, to the exclusion of those who prove, that the damage was not caused by them; the distribution shall be made in proportion to the share of the freight that each carrier.
2 In case of inability to pay by one of the carriers is the not paid by him and his dependent share under the other transport carriers involved divided in proportion to the share of the freight that belongs to each of them.

Article 1595 1 the validity of the payment made by the carrier pursuant to article 1594 the recourse may not be disputed by the carrier against whom the recourse is exercised, when compensation has been determined by the Court and when the latter carrier, duly summoned, the possibility is offered to intervene in the proceedings. The judge to whom the main proceedings, the time limits for the service of the summons and for the intervention.
2 the carrier that the recourse, should set up his claim in one and the same proceedings against all the carriers with whom he has taken no settlement, under penalty of loss of recourse against the carriers not producing subpoenaed.
3 the Court decides in one judgment on all recourse claims case before it.
4 Recourse claims cannot be brought by setting a legal claim in the proceedings that the rights owner has set to damage compensation on the basis of the contract of carriage.

Article 1596 The carriers may conclude between themselves that are different from the articles 1593 and 1594.

Title 19. Accidents section 1. Liability for rail vehicles and rail infrastructure The liability on the basis of article 173 Article 1661 1 of book 6 in respect of a rail vehicle, that a railway undertaking is in use, rest on those railway company. Is the rail vehicle used by a company of a different nature, such liability on this other company. The rail vehicle used by it for use in the exercise by the company of another, then that liability on the other.
2 The liability on the basis of article 174 of book 6 in respect of the railway infrastructure rests on the administrator.

Section 2. Dangerous substances on Board of a railway carriage Article 1670 for the purposes of this section, the following definitions shall apply: (a) "dangerous substance" means a substance as such when order in Council is appropriate; the indication may be restricted to certain concentrations of the substance, to provisions of the order in Council to describe dangers that are connected to the substance, and certain to describe situations in which the substance is located in it;
b. "railway vehicle" means any vehicle, designed to drive on Rails;
c. "damage": 1 °. damage caused by death or injury of any person caused by a hazardous substance;
2 °. other damage outside the rail vehicle on board which the dangerous substance is located, caused by carrying dangerous substance, other than loss or damage in relation to other rail vehicles and business on board, where that rail vehicles are part of a rail vehicle train, of which this is part;
3 °. the costs of preventive measures and loss or damage caused by such measures;
d. "preventive measures" means any reasonable measure to prevent or limit the damage taken by anyone except the person responsible in accordance with this section after an event has occurred;
e. "event": any fact or any series of occurrences with the same origin, which causes damage or creates a grave and imminent threat of damage.

Article 1671 1 this section shall not apply, if the railway undertaking is liable towards the one that the action brought, under an operating agreement or to this person a job on an operating agreement.
2 this section shall apply to the period in which a hazardous substance in a rail vehicle, including the period from the beginning of the loading of the dangerous substance in the rail vehicle until the end of the discharge of that substance from the rail vehicle.
3 this section shall not apply to damage caused when the rail vehicle is used only on a non-public site and such use is part of a taking place in that area of business.
4 On on board in accordance with the second paragraph substances referred to in article 175 of book 6 is that article does not apply, unless the case of the third member.

Article 1672 If a hazardous substance is in a means of transport that are on Board of a rail vehicle without the dangerous substance is discharged from this stacked means of transport, the hazardous substance for that period will be considered only on board called rail vehicle. During the transactions referred to in paragraph 5 of article 1673, parts c, d and e, will, however, be considered only the hazardous substance on board the means of transport are stacked.

Article 1673 1 the railway undertaking which at the time of an event with a rail vehicle on board which is a hazardous substance, the control over the use of that rail vehicle, is liable for the damage caused by this substance as a result of this event. If the hazardous substance is in a rail vehicle, propelled by means of traction, control over the use of that rail vehicle at the railway company which has control of the traction. The event from a series of occurrences with the same cause, then rest the liability on the railway undertaking which at the time of the first fact the control over the use of the rail vehicle.
2 the railway undertaking is not liable if: a. the damage is caused by an act of war, hostilities, civil war, insurrection or natural happening of exceptional, inevitable and irresistible character;
b. the only damage is caused by an act or omission by a third party, other than a person mentioned in paragraph (a), committed with the intent to cause damage;
c. the sender or any other person has not complied with its obligation to inform him about the dangerous nature of the substance, and neither the company nor the railway in paragraph 5 (a), persons named knew or had to know that this was dangerous.
3 If the railway undertaking proves that the damage in whole or in part the result of an act or omission by the person who has suffered the damage, with the intent to cause the damage, or by the fault of that person, he can totally or partially relieved of his liability to that person.
4 The railway undertaking can for damage other than this section only in the case of paragraph 2, part c, as well as in case he under contract of employment may be addressed. In the case of paragraph 2, part c, can limit this liability as if he were the railway undertaking under this section shall be liable.
5 subject to articles 1674 and 1675 for damages not liable: a. the subordinates, representatives or agents of the railway undertaking, b. every for the rail carriage activities, c. those who other than against an express and reasonable prohibition because of the railway undertaking in aid to the rail carriage, the on board thereof standing business or persons, d. those who on designation of a competent public authority to provide support for the rail carriage , the on board thereof standing business or persons, e. those who take preventive measures with the exception of the railway undertaking, f. the subordinates, representatives or agents in this paragraph, parts b, c, d and e, exempt persons from liability, unless the damage arose from their own act or omission, committed with the intent to cause such damage , or recklessly and with knowledge that such damage would probably result.
6 the railway undertaking has, as far as not agreed otherwise, the story on the persons referred to in paragraph 6, but only if these under the lock of this paragraph for the damage can be addressed.
7 for the purposes of this and the following article is the administrator of the railway infrastructure used by the railway undertaking included the persons referred to in (a) in paragraph 5.

Article 1674


1 if the railway undertaking proves that the dangerous substance during the period referred to in article 1671, second paragraph, is loaded or unloaded under the sole responsibility of a designated by him other than the railway undertaking or his subordinate, representative or agent, such as the sender or receiver, the railway undertaking is not liable for damage due to an event during the loading or unloading of the hazardous substance and the other for this damage is liable in accordance with this Department.
2 However, if the hazardous substance during the period referred to in article 1671, second paragraph, is loaded or unloaded under the joint responsibility of the railway undertaking and other unnamed by the railway undertaking, the railway undertaking and that person will be jointly and severally liable in accordance with this section for damage due to an event during the loading or unloading of the dangerous substance.
3 if it is loaded or unloaded by a person on behalf or for the benefit of the carrier or another, such as the sender or recipient, is not this person, but the carrier or that person liable.
4 If a person other than the railway undertaking on the basis of the first or the second member is liable, that person may not rely on article 1673, paragraph 5 and paragraph 6, part b.
5 If a person other than the railway undertaking on the basis of the first or the second member is liable, in respect of those other articles 1678 to 1680 apply mutatis mutandis, it being understood that in the case of joint and several liability: (a) the limitation of liability as provided for under article 1678, paragraph 1, applies to all of the following from the same event resulting claims directed against both;
b. a fund formed by one of them under article 1679 is considered by both to be formed and this with regard to the claims for which the Fund was.
6 In the relationship between the railway undertaking and the other mentioned in the second paragraph of this article is not to charge than the railway undertaking in case of fault of himself or of his subordinates, representatives or agents.
7 of this article shall not apply if during the period referred to in article 1671, second paragraph, is loaded or unloaded under the sole or joint responsibility of a person, referred to in article 1673, paragraph 6, part c, d or e.

Article 1675 1673 If pursuant to article, paragraph 3, part c, the railway undertaking is not liable, the sender or any other person liable in accordance with this section and can be his respect articles 1678 to 1680 shall apply mutatis mutandis. The shipper or other person may not rely on article 1673, fifth member.

Article 1676 If damage caused by the hazardous substance cannot reasonably be separated from damage caused the entire damage, will otherwise be classified as damage within the meaning of this section.

1677 1 Article When by an event damage has been caused by dangerous substances on board one or more rail vehicles and one or more vehicles or air-cushion vehicles, railway undertakings about using those rail vehicles had the control, and the operators of such vehicles or air-cushion vehicles, without prejudice to article 1673, paragraphs 2 and 3, and article 14 certain 1674 and section 1 of title , will be jointly and severally liable for all damages which cannot reasonably be assumed that it was caused by dangerous substances on Board of a particular rail vehicle or on Board of a particular vehicle or hovercraft.
2 the provisions of the first paragraph shall be without prejudice to recourse to limitation of liability of the railway undertaking or the operator of that vehicle or air-cushion vehicle under this section or 1218 to 1220 articles, each to the applicable amount for him.

Article 1678 1 The railway undertaking can limit its liability per event to a by or pursuant to order in Council to determine amount or amounts that may be different for claims in respect of death or injury and other claims.
2 the railway undertaking is not entitled to limit his liability to damages arose from his own if the Act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 1679 in order to be able to rely on the limitation of liability referred to in article 1678 the railway undertaking must a fund or funds in accordance with article 1680.

Article 1680 1 he who wish to use the given power to him in article 1678 limitation of his liability, calls on a court with jurisdiction to hear and determine the claims for compensation for damage, the amount which his liability is limited, to fix and recommended that a procedure for the distribution of this amount will be passed on.
2 On the request and the procedure for the distribution articles 642a, second to fourth member, 642b, 642c, 642e, first paragraph, 642f to 642t, first paragraph, and 642u to 642z of the code of civil procedure shall apply mutatis mutandis.
3 If the certain amount under article 1678, first paragraph, for claims in respect of death or injury is insufficient for full compensation for any such claims, these claims will be reduced in proportion and 1678, first paragraph, under article certain amount for other claims be divided pro rata among those claims and the claims in respect of death or injury in so far as these would be unfulfilled.
4 the claims of the railway undertaking by him in respect of voluntary and reasonably expenses incurred and brought sacrifices to prevent or limit the damage are in rank is equivalent with other progress in 1678, first paragraph, under article certain amount for other claims than those in respect of death or injury.
VII. Final provisions Title 20. Birthday and expiration section 1. General provisions article 1700 1 a term, in which a legal term of limitation or expiration is changed, is classed as a clause amending the liability of him, to whom a job on this term.
2 subject to article 1701 is any clause void, with the previous paragraph.

Article 1701 a term, at the end of which a legal claim shall become statute-barred or expires, it can be extended by agreement between the parties, closed after the fact, that the legal action has, has taken place. By way of derogation from the first paragraph of article 1700 is such an extension not be considered as a change of liability of him to whom appeal to such a period.

Article 1702 the fact, that a debtor deliberately the existence of the debt to the creditor keeps hidden, does not affect a term of limitation or expiration.

Section 2. Transport of goods Article 1710 1711 and in articles In article 1713 to 1720, the following definitions shall apply: a. contract of carriage means a contract of carriage of goods as referred to in sections 1 of title 2, 2 of title 5, 2 of title 10, 13 or 4 of title 2 of title 13.
b. carrier: a carrier at a contract of carriage.
c. sender: a sender, Bill of lading holder, consignee or receiver in a contract of carriage.
d. day of episode: date on which the contract of carriage to transport or transported under the cases from the means of transport have been delivered, or, if they are not delivered, under the contract of carriage, whether or not execution come should have been delivered. Are Affairs after premature termination of the contract of carriage by the carrier in fact delivered, the day these actual delivery as the day of delivery. Cases are under articles 491, 957, 1133 or 1198 or any clause of such a plan sold, then the day of the sale as the day of delivery.

Article 1711 1712 and 1720 subject to articles shall become statute-barred a legitimate legal claim on a contract of carriage by the expiration of one year.

Under a contract of carriage article 1712 1 the carrier for the Bill of lading, as referred to in article 377, is in any case from all liability whatsoever, in connection with the transported things removed from Office unless a legal proceedings are initiated within one year, which period shall begin with the start of the day following the day of delivery or the day on which the goods should have been delivered.
2 by way of derogation from the first paragraph, for actions for story on a third even after expiration of the time limit referred to in that paragraph be set for a period of three months of the day on the one that such a legal claim for compensation in respect of his own advanced the case has settled or which he in this respect in straight is.
3 The term referred to in paragraph 1 may be extended by agreement between the parties, closed after the event that the legal action has, has taken place.

Article 1713


by way of derogation from article 1 subject to article 1716 and 1717 begins in case of a legal claim against a carrier set up by a sender in respect of not posting of the means of transport or not present, the time limit referred to in article 1711 with the start of the day following the day that the means of transport should have been made available.
2 the first paragraph shall apply mutatis mutandis in the event of a legal claim against a carrier set up by a sender to the point of not beginning of a move.

By way of derogation from article article 1714 In 1717 and 1719 begins in article 1711 mentioned subject to article term with the start of the day following the day of delivery, if the concerns in respect of the legal action a. transport available to or received by certain issues, provision of contents, information or documents concerning these matters, exercise of care in respect of these documents addressing certain issues, or putting data on that business or on their packaging;
b. loading, handling, stowage, herstuwen, transport, unloading, storage, destruction or neutralisation of certain business harm or damage by those business or by or loading and unloading;
c. delivery of certain issues, providing resources to research and count again, paying this expense or extra-or freight fees related to these matters, reimbursement of 1129 in articles 488, 951, or damage referred to 1195 and collect, and pay by cash on delivery;
d. complete, Supplement, dating, sign or issue of a bill of lading, Bill of lading, receipt or similar document.

By way of derogation from article article 1715 In 1717 and 1719 is subject to article on a legal claim by the carrier or the shipper set with regard to material, which on the part of the sender should be made available or is article 1714, apply mutatis mutandis on the understanding that in the event the carrier according to the agreement for the restitution of the material required is under the day of delivery, those means the day on which this material to his disposal.

By way of derogation from articles article 1716 1713 and 1717 starts the time limit referred to in article 1711 in the case of a legal claim in respect of damage suffered by termination or by premature termination of the contract of carriage without notice, with the start of the day following the day that the agreement ends.

Article 1713 to 1717 subject to articles 1716, 1718, 1719 and 1822 begins in case of a legal claim on a time-limit referred to in article 1711 with the start of the day following that on which the implementation of the agreement is terminated; in the case of a legal claim on a trip chartering does this period begin to run with the start of the day following the day on which the journey, following which the claim originated, has ended.

By way of derogation from article 1717 1718 article starts the time limit referred to in article 1711 in the case of a legal claim for damages payable due to an obligation to inform or notify was not met, with the start of the day following the day on which the obligation arose.

Article 1715, 1719 by way of derogation from articles 1714 and 1717 begins in case of a claim by a carrier established right to compensation of damages incurred by loss of or damage to a means of transport the time limit referred to in article 1711 with the start of the day following that on which the loss or damage took place.

Article 1712 1720 1 subject to article starts for a carrier or a shipper, as far as this story are looking for on one party to a operating agreement, referred to in article 361, for what is owed by him to a third, a further period of limitation or expiration, which three months shall be EUR; This period starts with the start of the day following the first of the following days: (a) the day on which he, which seeks, on the claim to him has met or b. the day on which he seeks, in this matter, which is addressed in straight or c. the day on which the limitation period, which he could do, that story are looking for job , is encountered or d. the day of expiry of the limitation period or the expiration of the legal claim for which story is wanted, has expired, without taking into account a possibly by parties agreed extension.
2 the first paragraph can not cause the for legal actions, based on the relevant operating agreement, deadline, limitation or expiration shall expire in respect of the legal claim for earlier story that on that operating agreement is founded.
3 for the purposes of this article, an agreement by one party, with a means of transport other than by way of chartering and otherwise than by way of an agreement as referred to in article 1080 third member, is made available to the other party, as its operating agreement and the parties to that agreement are classified as carrier and sender.

Article 1721 1 If under articles 1710 to 1720 only judicial procedure in different terms shall become statute-barred or expires or to hair on the beginning of the period, within which the legal action shall become statute-barred or expires, differs, that provision that the term of limitation or expiration last does end up.
2 the previous paragraph shall be without prejudice to article 1712.

Article 1710 to 1721 1722 1 articles apply to agreements of combined goods transport, provided that the sender under the holder of a CT document means and under day of delivery, the day of delivery under the agreement of combined goods transport.
(2) if in the case of a contract of combined goods transport to him Ned not known is where the circumstance, which gave birth to the legal action, has risen, is that of eligible provisions, limitation or expiration applied which for him is the most favourable.
3 null and void any clause, in which the second paragraph of this article.

1727 1 an action based on article a contract for the carriage of goods by railways shall become statute-barred by the expiration of one year. The limitation period shall be two years if the legal proceedings: a. stretches to pay a cash-on-delivery by the carrier of the recipient collected;
b. aims to payment of the proceeds of a sale conducted by the carrier;
c. based on a damage arising from an act or omission done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result;
d. based on one of the previous contracts of transport to the transmission, in the case referred to in article 1576.
2 The limitation actions: a. for total loss: on the thirtieth day after expiration of the delivery term;
b. compensation for partial loss, damage or exceeding of the episode: on the day of the delivery;
c. in all other cases, on the day on which the right may be exercised.
The day as beginning of the limitation period mentioned in this term is never understood.
3 Where, in accordance with article 1589 a written claim with the necessary evidence is submitted, the limitation period is suspended until the day that the carrier rejects the claim in writing and returns the documents attached. In the case of partial recognition of the claim, the period of limitation begins to run again for the still disputed portion of the claim. The proof of the receipt of the claim or of the reply and of the return of the pieces rest on the party that is invoking. Later claims with the same content not suspend the limitation period.

Section 3. Special operating agreements Article 1730 1 a legal claim based on an agreement, referred to in section 4 of title 5 or section 4 of title 10, shall become statute-barred by the expiration of one year.
2 The articles 1710, 1713 to 1722 and 1750 to 1754 shall apply mutatis mutandis.

Section 4. Agreement to make transport of goods Article 1740 1 subject to article 1741 shall become statute-barred a on an agreement to make transporting goods are legitimate legal claim by course of nine months.
2 The period referred to in the first paragraph starts to run with the start of the day following the day of delivery. For the adoption of this day article 1710 under d shall apply mutatis mutandis. The legal claim, however, based on article 62 or 63, or on any circumstances on article of similar meaning, then starts this term with the start of the day following that on which the client knew that the forwarder is failing to comply with its obligation to make announcements.
3 Is the legal claim based on article 65 or article 68, the term with the start of the day following the day that the contract for the carriage of goods ends.

Article 1741 1 for the benefit of one party to a contract to make transporting goods, as far as this story are looking at her other party for what by it to a third party is due, begins a new term, limitation or expiration, which three months shall be EUR; This period starts with the start of the day following the first of the following days:

a. the day on which he, which seeks, on the claim to him has met or b. the day on which he seeks, in this matter, which is addressed in straight or c. the day on which the limitation period, where on he who seeks, job could do, is encountered or d. the day of expiry of the limitation period or the expiration of the legal claim for which story is wanted has expired, without taking into account a possibly by parties agreed extension.
2 the first paragraph can not cause the for legal actions, based on the relevant agreement to make transporting goods, deadline, limitation or expiration shall expire in respect of the legal claim for earlier story that on that agreement to the carriage of goods is founded.

Section 5. Transport of persons Article 1751 to 1754 1750 1 subject to articles shall become statute-barred a on an agreement of carriage of passengers, as referred to in sections 4 of title 2, 5 of title 2, 3 of title 10 and 3 of title 13, legitimate legal claim by the expiration of one year, which period shall begin with the start of the day following that on which the traveller has left or had to leave the means of transport.
2 by way of derogation from the first paragraph are on the prescription of an action in respect of the carriage of baggage, no hut or hand baggage as defined in articles 100, 500, 970 or 1141, adopted as luggage nor a vehicle or ship or live animal being 1710 to 1722, the articles shall apply mutatis mutandis.

Article 1750a 1 any legal claim for damages under section 3 of title 5, resulting from death or injury of the passenger, or from loss or damage to luggage, shall become statute-barred after a period of two years.
2 the limitation period starts to run: a. in case of injuries, starting from the date of disembarkation of the passenger;
b. in the event of death during carriage, from the date on which the passenger should have disembarked and, in the case of injuries sustained during transport that the death of the passenger after disembarkation, from the date of the death; the limitation period shall not be longer than 3 years from the date of disembarkation;
c. in the event of loss of or damage to luggage, from the date of disembarkation or the date on which it should have taken place, the latter of those two dates.
3 renewal or interruption of the limitation period does not mean that an action under section 3 of title 5 can be set over one of the following terms: a. a period of five years from the date of disembarkation of the passenger or the date on which that should have taken place, the latter of those two dates is taken into account; or, if earlier b. a period of three years from the date on which the plaintiff was aware of the injury, loss or damage caused by the incident or reasonably should have been aware of this.
4 Notwithstanding the provisions of paragraphs 1, 2 and 3 of this article, the limitation period be extended on the basis of a declaration of the carrier or an agreement that is concluded between the parties after the ground for a claim. This statement or agreement is in writing.

Article 1751 1 a legal claim against the carrier in respect of injury to happen to a traveller shall become statute-barred three years, which term begins with the start of the day following the day of the incident or accident happen to the traveller.
2 a legal claim against the carrier in respect of death of a traveller shall become statute-barred three years, which term begins with the start of the day following the day of death of the passenger, but which no longer runs than five years starting with the start of the day following the day of the incident or accident happen to the traveller.

Article 1752 In case of affreightment to the transport of persons articles 1716 to 1719, first paragraph 1713 and 1721 shall apply mutatis mutandis.

A legal claim against a carrier article 1753 1 in respect of death or injury of the passenger or in respect of hut-or hand baggage within the meaning of article 100, 500, or article 1141 970, or in respect of a vehicle, ship adopted as luggage or living animal is void if the owner does not within three months to the carrier has notified it to the traveler to come across event or accident.
2 The time limit referred to in the first paragraph begins with the start of the day following the day of the incident or accident.
3 the first paragraph of this article shall not apply if (a). the rightholder within the time limit referred to in the first paragraph has submitted a claim in writing to the carrier;
b. the incident or accident is due to fault of the carrier;
c. no knowledge of the incident or accident is given or not within the time limit referred to in the first paragraph, the one or the other by circumstances, which are not on behalf of the owner;
d. the carrier within the time limit referred to in the first paragraph had other knowledge of the incident or accident.
4 for the purposes of this article, a circumstance referred to in paragraph 1 (b), articles 106, 975 and 1150 505 classified as a happen to incident or accident to the passenger.

1754 1 article for a carrier of persons, a counterpart of such a carrier or a traveller, as far as this story are looking for on one party to a operating agreement, referred to in article 361, or on a traveller for what is due by him to a third, begins a new term, limitation or expiration, which three months shall be EUR; This period starts with the start of the day following the first of the following days: (a) the day on which he, which seeks, on the claim to him has met or b. the day on which he seeks, in this matter, which is addressed in straight or c. the day on which the limitation period, which he could do, that story are looking for job , is encountered or d. the day of expiry of the limitation period or the expiration of the legal claim for which story is wanted, has expired, without taking into account a possibly by parties agreed extension.
2 the first paragraph can not cause the for legal actions, based on the relevant operating agreement, deadline, limitation or expiration shall expire in respect of the legal claim for earlier story that on that operating agreement is founded.
3 for the purposes of this article, an agreement by one party, with a means of transport other than by way of chartering and otherwise than by way of an agreement as referred to in article 1080 third member, is made available to the other party, as its operating agreement and the parties to that agreement are classified as carrier and his other party or traveler.

Section 7. Shipping company legal proceedings between the members Article 1770 ener shipping company as such and between those members and the accountant as such shall become statute-barred by lapse of five years.

Section 8. Legal rights against Captain or skipper Article a legal claim against a master or skipper 1780 1 in respect of damage caused by him in the performance of his work shall become statute-barred by two years, which period shall begin with the start of the day following the day on which the injurious incident took place.
2 the first paragraph shall not apply to legal actions of the boss of the master or skipper.

Section 9. 1790 a legal claim for compensation Article collision damage caused by an occurrence, as referred to in section 1 of title 6, shall become statute-barred, if they are not on an agreement is founded, by two years, which period shall begin with the start of the day following the day of this incident.

1791 a legal claim for article story of a surplus, as referred to in the third paragraph of article 545, shall become statute-barred by the expiration of one year, which period shall begin with the start of the day following that on which the payment of the surplus has taken place.

The limitation period referred to in article article 1792 1 1790, is extended with the days, during which the ship could be taken not to complete dear liable within the State, in which the creditor resides or the headquarters of his company is established, it being understood, however, that (a) if the ship within the time limit fixed in article 1790, thus consuming could be taken This term, with no more than three months;
b. If the ship is not within the time limit fixed in article 1790 thus to complete could be taken, this period ends with the start of the day following that on which three months have expired since the first time, on which this attachment was possible and, in any case, with the start of the day, following the day on which five years have expired since the time of the incident referred to in section 1 of title 6.
2 If a judicial procedure referred to in article 1790 is set before the start of the day following that on which five years have expired since the time of the incident, referred to in section 1 of title 6, suspect it is liable not to complete could be taken before ladies and ship within the State, in which the creditor resides or the headquarters of his business is located.

3 in the application of this article does not take into account a possibly by parties agreed extension of the time limit laid down in article 1790.

Article 1793 a legal claim for compensation for damage caused by an occurrence, as referred to in section 1 of title 11, shall become statute-barred, if they are not on an agreement is founded, by two years, which period shall begin with the start of the day following the day of this incident.

Article 1794 1 a legal claim to story of a surplus, as referred to in the third paragraph of article 1006, shall become statute-barred by the expiration of one year.
2 the term of this limitation period begins with the start of the day following that on which the amount of joint and several liability has been established by a final judgment. If such a determination is not done, the term of this limitation period begins with the start of the day following that on which the current payment has been made to the story. If the legal action relates to the distribution of the insolvent debtor's share of a fellow, does the period of this limitation, however, to run with the start of the day following that on which the owner became aware of the inability of his fellow debtor.

Section 10. 1820 1 aid Article a legal claim in respect of payment as referred to in article 551 (e) shall become statute-barred by two years, which period shall begin with the start of the day on which the aid is terminated.
2 without prejudice to article 1701 certain can the term referred to in the first paragraph shall be extended by a statement of him who can invoke the limitation period, done after the fact that the legal action has occurred.
3 by way of derogation from the first paragraph, for actions for story on a third even after expiration of the time limit referred to in that paragraph be set for a period of three months from the day on which the one that such a legal claim for compensation in respect of it by a provision or which he himself advanced in this respect in straight is.

Article 1821 [aging by 10-12-1998] article 1822 [aging by 10-12-1998] article 1823 [aging by 10-12-1998] section 11. Avarij-grosse Article 1830 1 a legal claim to calculation and a folder avarij-grosse, and that the appointment of a dispacheur to this end, shall become statute-barred by the expiration of one year.
2 the term of this limitation period begins with the start of the day following the day of the end of the company.
3 If the avarij-grosse in whole or in part, from help wage exists and the claim for payment of this help wage is set within the time limit laid down in articles 1820 and 1823, but on the expiry of a period of nine months, beginning with the start of the day following that on which the time limit referred to in the first paragraph, shall be barred after the legal actions referred to in the first paragraph by within three months , which begins with the start of the day following that on which the claim for payment of assistance wage is set.

1831 the right article homologation or review of a calculation and a folder avarij-grosse (dispache) requests to be barred by lapse of six years, which period shall begin with the start of the day following that on which the dispache or an extract thereof communicated to stakeholders.

Article 1832 1 a legal claim for payment of a contribution in avarij-grosse shall become statute-barred by the expiration of one year.
2 the term of this limitation period begins with the start of the day following that on which the dispache or an extract thereof or, if an application for a review is done, the result of dispache dispache drawn up or an extract thereof to parties has indicated so or has been notified that this dispache unto these at the registry of the Court is registered but in case of homologation dispache at first on the day that the final decision is approved.

Department 12. Dangerous substances on board a sea-going vessel, a barge, a vehicle and a rail vehicle Article 1833 a legal claim for compensation for damage under the sections 4 of title 6, 4 of title 11, 1 and 4 of title 14 of title 19 shall become statute-barred three years from the start of the day following the day on which the injured party was known or reasonably should have known with the damage and the liable person and in any case, by the lapse of 10 years after the event causing the damage has occurred. If the event consisted of a series of occurrences with the same cause, the period of ten years from the day on which the last of those facts took place.

1833a article a legal claim for damages under section 5 of title 6 shall expire three years from the start of the day when the damage has occurred and, in any case, by course of six years after the event causing the damage has occurred. If the event consisted of a series of occurrences with the same cause, the period of six years from the day on which the first of these facts took place.

Section 12a. Claims in respect of the cost of locating, marking and clearing a wreck Article 1833b the right cost under section 6 of title 6 stories expires when not within three years from the date of the danger is determined in accordance with section 6 of title 6 a proceedings are initiated. However, under no circumstances can claims be set after six years after the date of the maritime accident that has led to the wreck. If the maritime accident consists of a series of facts, the period of six years from the date of the first fact.

Section 13. Air right Article 1834 1 A claim against an air carrier in respect of damage to checked baggage or other matters will expire if the person entitled does not immediately after its discovery and in any case, when the declared baggage, within a period of seven days and, in the case of other matters, within a period of fourteen days to protest the carrier does. This period shall begin on the day following the day of the adoption of the business.
2 A claim against an air carrier in respect of delay in the carriage of baggage or other matter shall be extinguished if the holder not within twenty-one days to the carrier a protest does. This period shall begin on the day following the day the baggage or other things at his disposal.
3 each protest must be entered by means of a on the air transport to set in writing subject to proof or by any other document sent within the time limit laid down for the protest.
4 The first nor the second paragraph of this article shall apply in the case of fraud by the carrier.
5 In this article, «days» not working days but calendar days.

Article a 1835 any claim in respect of air transport agreement be barred by two years, which it count with the day following the day of arrival of the aircraft at destination or the day when the aircraft should have arrived or the interruption of air travel.

Article 1836 1 if an agreement of combined goods transport to him Ned not known is where the circumstance, which gave birth to the legal action, has risen, is that of eligible provisions, limitation or expiration applied which for him is the most favourable.
2 null and void any clause, in which the first paragraph of this article.

General final provision final provision 1 the General extension of time limits Act does not apply to the time limits stated in sections 2 of title 5, 4 of title 5, 10 and 4 of title 2 of title 10.
2 In the in the first paragraph, departments are under day means all calendar days except Sunday, the new year's day, the Christian second Easter and Pentecost, the both Christmas, the Ascension Day and the day on which the King's birthday is celebrated.