0.221.222.32 original text Convention of Budapest relating to the contract of carriage of goods by inland waterway (CMNI) concluded in Budapest on 22 June 2001 approved by the Federal Assembly on 19 December 2003, Instrument of ratification deposited by Switzerland on 13 May 2004 entry into force for the Switzerland on 1 April 2005 (State February 21, 2013) the Contracting States to this Convention considering the recommendations of the final act of the Conference on security and Cooperation in Europe on August 1, 1975, with a view to the harmonization of legal regimes in the interest of the development of transport by the Member States of the Central Commission for the Navigation of the Rhine and the Danube Commission in collaboration with the United Nations Economic Commission for Europe conscious of the need and usefulness to set uniform rules for contract of carriage of goods by inland waterway, have decided to conclude a Convention for this purpose and therefore agreed to the following: chapter I provisions general art. 1 definitions within the meaning of this Convention, 1. 'transport contract' means any contract, regardless of its name, whereby a carrier undertakes against payment of freight to transport goods by inland; 2 water channels. "carrier" means any person by or on behalf of which a contract of carriage concluded with a shipper; 3. "substitute carrier" means any person, other than the officer or agent of the carrier, to which enforcement transport or part of the carriage has been entrusted by the carrier; 4. "shipper" means any person by or on whose behalf or for whose behalf a contract of carriage concluded with a carrier; 5. "consignee" means the person entitled to take delivery of the goods; 6. "transport document" means a document showing a contract of carriage and noting the support or implementing on the goods by a carrier established in the form of a bill of lading or letter car or any other document in use in commerce; 7. "goods" does not include towed or pushed vessels or the luggage and vehicles of passengers; When the goods are collected in a container, on a pallet or in or on a similar transportation device or when they are packed, "goods" means also said transport device or the said packaging if it is provided by the sender; 8. the expression 'in writing', unless the persons concerned provide otherwise, understands the situation in which the information is transmitted by electronic, optical means or any other means of similar communications, including but not exclusively, by telegram, telex, fax, electronic mail or by Exchange of electronic data interchange (EDI), as long as the information remains accessible to be used later as a reference; 9. the Act of one State applicable in accordance with this Convention means the rules of law in force in that State other than its rules of private international law.
Art. 2 scope of application (1) this Convention shall apply to any contract of transport according to which the port of loading or rather than support and the port of discharge or the place of delivery are located in two different States of which at least one is a State party to the present Convention. If the contract contains a choice of several ports of discharge or places of delivery, the port of discharge or the place of delivery in which the goods were actually delivered will be decisive.
(2) if the contract of carriage is to transport goods without transshipment both on waterways inland and on waters subject to maritime regulations, this Convention is also applicable to this contract in the conditions referred to the by. (1, unless (a) a maritime Bill of lading has been established in accordance with the applicable maritime law, or sib) the distance on a marine regulatory waters is the longest.
(3) this Convention shall apply regardless of the nationality, place of registration, home port or the ownership of the boat to the sea shipping or inland navigation and regardless of the nationality, domicile, headquarters or place of residence of the carrier, the sender or the recipient.
Chapter II rights and obligations of the contracting parties art. 3 support, transport and delivery of goods (1) the carrier shall carry the goods delivery in time and deliver them to the consignee in the condition in which they have been entrusted.
(2) unless otherwise agreed, the support of goods and their delivery held on board the ship.
(3) the carrier decides the boat to use. He shall, before the trip and at the start of this one, to evidence of due diligence so that, in view of the goods to be carried, the vessel is in State to receive the cargo, airworthy, filled the rig and crew prescribed by the regulations in force and with the national authorities and international necessary for transportation of the goods concerned.
((4) when he agreed to perform the transport with a boat or a specific ship type, the carrier cannot load or transship the goods in whole or in part on to another vessel or type of vessel without the agreement of the shipper: has) in the presence of circumstances such as low waters, collision or other obstacles to navigation which were unforeseeable at the time of the conclusion of the contract of carriage and which require the loading or transhipment of goods for the execution of the contract of carriage, and if the carrier cannot, within an appropriate period, obtain instructions from the shipper, forgotten the source) If this is consistent with the uses of the port in which is located the boat.
(5) subject to the obligations of the shipper, the carrier must ensure that the loading, stowing and securing the goods do not affect the safety of the ship.
(6) the carrier cannot carry the goods on deck or holds open unless this has been agreed with the shipper or is in line with the relevant trade usages or is required by the regulations in force.
Art. 4 carrier (1) the contract meets the definition of art. 1, by. 1, between a carrier and a carrier is a contract of carriage within the meaning of this Convention. Under this contract, all provisions of this agreement to the sender shall apply to the carrier and the carrier to the carrier.
(2) where the carrier has entrusted the performance of transport or a part of the carriage to a substitute carrier, whether or not in the exercise of a right which is recognized in the contract of carriage, the carrier remains responsible for the entire transport, in accordance with the provisions of this Convention. All the provisions of this Convention governing the liability of the carrier also apply to the liability of the carrier for the carriage performed by him.
(3) the carrier shall, in all cases, to inform the sender when it entrusts the transport or part of the transport execution to a carrier.
(4) any agreement with the shipper or the consignee extending the carrier's liability in accordance with the provisions of the present Convention is binding on the carrier insofar as the latter accepted expressly and in writing. The carrier can be argued all the objections that are enforceable by the carrier under the contract of carriage.
(5) where and insofar as the carrier and the substitute carrier meet, they meet jointly and severally. No provision of this article violates the rights of recourse between them.
Art. 5 delivery the carrier shall deliver the goods within the time limit agreed in the contract of carriage or, if it was not agreed period, in the time that it would be reasonable to expect of a diligent carrier, in the circumstances of the trip and unhindered navigation.
Art. 6 obligations of the shipper (1) the sender is required to pay the amounts due under the contract of carriage.
((((((2) the shipper shall provide the carrier, before the goods are handed over and in writing, the following information relating to the goods to be carried: a) dimensions, number or weight and stowage of goods factor; b) marks which are necessary for the identification of the goods; c) nature, characteristics and properties of the goods; d) instructions for customs or administrative goods treatment e) other necessary details to be included in the transport document.
The shipper shall also deliver to the carrier, upon delivery of the goods, all the required accompanying documents.
(3) the sender must, if required by the nature of the goods, taking into account the agreed transport, pack the goods so as to prevent their loss or damage since taking charge until the delivery by the carrier and so that they cannot cause any damage to the vessel or to other goods. The sender must, in addition, in view of the agreed transportation, provide an appropriate marking according to applicable national or international regulations, or in the absence of such regulations, according to the rules and practices generally recognized in inland navigation.
(4) subject to the obligations of the carrier, the shipper must load the goods, stored and stall in accordance with the uses of inland navigation, unless the contract of carriage provides otherwise.
Art. 7 dangerous or polluting (1) If goods of dangerous or polluting goods need to be transported, the sender must, before delivery of the goods, and in addition to the indications provided for in art. 6, by. 2, specify in writing to the carrier, the danger and the risks of pollution inherent in the goods as well as the precautions to be taken.
(2) if the transport of dangerous or polluting goods requires an authorization, the shipper shall hand over the necessary documents by upon delivery of the goods.
(3) when the continuation of transport, unloading or delivery of the dangerous or polluting goods is rendered impossible by the absence of an administrative authorization, the costs of the return of the goods at the port of loading or to a nearest place where they can be discharged and delivered or eliminated, are the responsibility of the sender.
(4) in the event of immediate danger to persons, property or the environment, the carrier has the right to disembark, to render harmless goods or, provided that such a measure is not disproportionate in the light of the danger they represent, to destroy them even if, prior to their support, he was informed or was informed by other means of the nature of the danger or risks of pollution inherent in these goods.
(5) the carrier may claim compensation for damage suffered if it is entitled to take the measures referred to in the by. 3 or 4 above.
Art. 8 responsibility of sender (1) the sender, even if no fault can be imputed to him, is responsible for all damages and expenses caused to the carrier or the actual carrier by the fact that a) indications or information referred to in art. 6, by. 2, or in art. 7, by. 1, are missing, inaccurate or incomplete, b) the dangerous or polluting goods are not marked or labelled in accordance with the international regulations or national or, in the absence of such regulations, according to the rules and practices generally recognized in inland navigation, c) the necessary accompanying documents are missing, inaccurate or incomplete.
The carrier may invoke the responsibility of the sender if it is shown that the fault is due to himself, to his servants or agents. It is the same for the carrier.
(2) the sender responds acts and omissions people that he used to ensure tasks and meet the obligations referred to in art. 6 and 7, as if it were his own acts and omissions provided that these people act in the performance of their duties.
Art. 9 termination of the contract of carriage by the carrier (1) the carrier may terminate the contract of carriage if the sender has breached its obligations referred to in art. 6, by. 2, or in art. 7, by. 1 and 2.
(((2) if the carrier makes use of his right of withdrawal, he can land the goods at the expense of the sender and claim, choice, to the payment of the following amounts: has) one third of the freight agreed, forgotten the source) in addition to any demurrage, compensation equal to the amount of costs incurred and the harm caused, as well as, when the trip started, a proportional freight for the portion of the voyage already performed.
Art. 10 delivery of goods (1) Notwithstanding the obligation of the shipper referred to in art. 6, by. 1, the recipient who, after the arrival of the goods at the place of delivery, in application delivery, respond, in accordance with the contract of carriage, freight and other claims on the goods as well as his contribution in the event of general average. In the absence of a transport document, or if it has not been presented, the recipient answers the freight agreed with the shipper if it corresponds to market practice.
(2) is considered to be delivery, providing goods to the addressee in accordance with the contract of carriage or to the relevant trade usages or the prescriptions in force at the port of discharge. Is also considered delivery delivery imposed an authority or a third party.
Chapter III Art. transport Documents 11 nature and content (1) the carrier shall establish for each transport of goods governed by this Convention a transport document; It must establish a bill of lading if the sender requested and if it has been agreed as well prior to the loading of the goods or their support for transport. The absence of a transport document or the fact that it is incomplete does not affect the validity of the contract of carriage.
(2) the original copy of the transport document must be signed by the carrier, the master of the vessel or a person authorized by the carrier. The carrier may require the shipper to countersign the original or a copy. Affixed signature may be handwritten, printed in facsimile, applied by perforation or buffer, appear as symbols or be reproduced by any other mechanical or electronic means, if this is not prohibited by the law of the State where the transport document is issued.
(3) the transport document is authentic, until proof to the contrary, of the conclusion and content of the contract of carriage as well as management of the goods by the carrier. He founded including the presumption that the goods have been supported for such transport they are described in the transport document.
(4) when the transport document is a bill of lading, only this one's faith in the relations between the carrier and the consignee. The conditions of the contract of carriage are decisive in the relations between the carrier and the shipper.
(((((5) the transport document contains, in addition to its name, the following information: a) the names, domiciles, seats or places of residence of the carrier and the shipper; b) the consignee of the goods; c) the name or the number of the vessel, if the goods are taken on board, or a reference in the transport document that the goods have been taken over by the carrier but not yet loaded on the boat; d) the port of loading instead of taking over and the port of discharge or the place of delivery; e) the common name of the type of goods and their packaging and, for dangerous or polluting goods, their name according to the requirements in force or, failing, their general name; f) the dimensions, number or weight and the identifying marks of the goods taken on board or supported for transport; g) indication ((, where applicable, that the goods may or must be carried on deck or in open holds h) the agreed provisions concerning freight; i) in the case of a bill of lading, the precision that it is an original or a copy; in the case of a bill of lading, the number of copies originals; j) the place and the day of the show.
The legal nature of a document of transport within the meaning of art. 1, by. 6, of this Convention is not affected by the failure of one or more of the indications referred to in this paragraph.
Art. 12 registration of reservations on the transport documents (1) the carrier has the right to enter reservations on the transport document has) on the dimensions, number or weight of the goods, if he has reason to suspect that indications of the shipper are inaccurate or if he had not sufficient means to control these indications, especially because the goods have not been counted ((, measured or weighed in his presence, as well as because that, without agreement on purpose, dimensions or weight were determined by measurement; b) mark identification which have not been attached clearly and permanently on the goods of the same or, if they are packed, on the receptacles or packagings; c) about the apparent condition of the goods.
(2) where the carrier does not mention the apparent condition of the goods or does not concerns about this issue, it is deemed be mentioned in the transport document that the goods were in apparent good condition.
(3) where, in accordance with the indications contained in the transport document, the goods have been placed in a container or in the holds of the vessel sealed by persons other than the carrier, his servants or agents, and when neither the container nor the seals are damaged or broken up to the port of discharge or place of delivery, it is presumed that loss of goods or damage have not been caused during transport.
Art. 13 Bill of lading (1) the original copies of a bill of lading are value securities issued on behalf of the consignee, to order or to bearer.
(2) instead of delivery, the goods are delivered against delivery of the original copy of the Bill of lading this in the first place; Subsequently, the delivery cannot be required against the other original copies.
(3) where the goods are taken over by the carrier, delivery of the Bill of lading to a person entitled under it to receive the goods, the same effect as the delivery of the goods with respect to the acquisition of rights on them.
(4) when the Bill of lading was transmitted to a third party, including the consignee, who has acted in good faith based on the description of the goods contained in the Bill of lading, it can it be contrasted the evidence contrary to the presumption of art. 11, by. 3, and art. 12, by. 2. Chapter IV right to dispose of goods art. 14 holder of the right of disposal (1) the sender is authorized to dispose of the goods; It may require such that the carrier continue not the transport of the goods, to change the place of delivery or delivers the goods to one consignee other than the one indicated in the transport document.
((2) the right of self-determination has the sender turns off as soon as the recipient, after the arrival of the goods instead of expected delivery, has requested delivery of the goods and has) in the case of a transport under cover of a consignment note, once the original has been handed over to the recipient, b) in the case of a transport under cover of a bill of lading, as soon as the sender will be divested of all original in his possession copies putting them to another person.
(3) by a corresponding reference in the consignment note, the sender may, at the time, waive his right to have the benefit of the recipient.
Art. 15 conditions for the exercise of the right to dispose the sender or, in the case of art. 14, by. 2 and 3, the consignee is, if he wants to exercise his right to have: a) in the case of a bill of lading, submit all originals before the arrival of the goods at delivery expected; b) in the case of a document other than a bill of lading transport, present this document in which shall be entered the new instructions given to the carrier; c) repay the carrier all costs and compensate for all the damage caused by the execution of the instructions; d) in the case of unloading of the goods before arrival instead of expected delivery, all of the freight agreed, unless it be been disposed of otherwise in the contract of carriage.
Chapter V liability of the carrier article 16 liability for injury (1) the carrier is responsible for the resulting prejudice to the loss or damage to the goods from their support for transport until their delivery, or resulting from the delivery time exceeded, unless he proves that the damage is the result of circumstances which a diligent carrier could not avoid and the consequences of which he could obviate.
(2) the liability of the carrier for loss due to the loss or damage to the goods caused during the period prior to loading aboard the vessel or after discharge is governed by the law of the State applicable to the contract of carriage.
Art. 17 servants and agents (1) the carrier is responsible for the acts and omissions of his servants and agents to which it resorts during the execution of the contract of carriage, in the same way as for its own acts and omissions, when such persons have acted in the performance of their duties.
(2) when the transport is performed by a carrier as defined in art. 4, the carrier is also the acts and omissions of the carrier substituted and of the servants and agents of the actual carrier, when they acted in the performance of their duties.
(3) where an action is brought against the servants and agents of the carrier or substitute carrier, these people can, if they provide evidence that they have acted in the performance of their duties, take advantage of the same exemptions and the same limitations of liability than those which the carrier or the actual carrier may avail this Convention.
(4) a designated pilot by an authority that can be freely chosen is not considered a servant or agent within the meaning of the by. 1 art. 18 special exemptions from liability (1) the carrier and the substitute carrier are exempt from liability when the loss, damage or delay result from one of the circumstances or risks listed below: a) acts or omissions of the sender, the recipient or the person entitled to dispose; b) handling, loading, stowage or unloading of the goods by the sender or the recipient or a third party acting on behalf of the sender or the addressee; c) transport of goods in bridged or shims open, if this has been agreed with the shipper or is in line with the relevant trade usages or is required by the regulations in force; d) nature of the goods exposed in full or in part to the loss or damage, including by breakage, rust, internal deterioration, desiccation, casting, shrinkage of road normal (in volume or weight) or by action of vermin or rodents; e) absence or defect of the packaging (((when the goods by their nature are exposed to loss or damage in the absence of packaging or in case of defective packaging; f) failure or imperfection of the marks of identification of goods; g) operations or attempted rescue or waterways rescue operation; h) transport of live animals, unless the carrier has not taken measures or observed the instructions agreed in the contract of carriage.
(2) where, in the light of the factual circumstances, damage could be caused by one of the circumstances or one of the risks listed in the by. 1 of the present article, it is presumed to have been caused by that circumstance or risk. This presumption disappears, if the victim proves the damage does not result or not exclusively from one of the circumstances or one of the risks listed in the by. 1 of the present article.
Art. 19 calculation of compensation (1) where the carrier is responsible for the total loss of the goods, the compensation due by him is equal to the value of the goods at the place and on the day of delivery according to the contract of carriage. Delivery to one person other than a person entitled is considered a loss.
(2) in the case of partial loss or damage to the goods, the carrier shall only to the extent of the loss in value.
(3) the value of the goods is determined according to the value in the stock market, failing this, according to the market and prices, failing one and on the other, according to the normal value of goods similarly nature and quality of delivery.
(4) for goods which, by their very nature, are exposed to a shrinkage of road, the carrier is held liable, regardless of the duration of transport, on the part of shrinkage which exceeds the shrinkage of normal (in volume or weight) road as it is set by the parties to the contract of carriage or, failing by the regulations or practices in force at the destination.
(5) the provisions of this section do not affect the right of the carrier concerning the freight as provided by the contract of carriage or, failing specific agreements on this point, by national regulations or practices applicable.
Art. 20 maximum limits of liability (1) subject to art. 21 and by. 4 of this article and regardless of the action brought against him, the carrier shall in no case exceeding amounts 666,67 units of account for each parcel or other unit of loading or 2 units of account for each kilogram of weight mentioned in the transport document, goods lost or damaged, whichever is the higher. If the package or other loading unit is a container and if there is no mention in the document of transportation of another package or unit of loading in the container, the amount of 666,67 units of account is replaced by the amount of 1500 units of account for the container without the goods it contains and, in addition, the amount of 25 000 units of account for the goods are contained.
(2) where a container, a pallet or any similar transportation device is used to collect goods, any package or load unit which it is indicated in the transport document that is located in or on this device is considered to be a package or other loading unit. In other cases, the goods in or on such a device are considered to be a single unit of loading. When itself has been lost or damaged, the device is considered, if it is not the carrier or is not provided by him, as a separate load unit.
(3) in the event of loss due to a delay in delivery, the carrier shall only up to the amount of the freight. However, the cumulation of benefits due by virtue of the by. 1 and the first sentence of this paragraph may not exceed the limit which would be applicable by virtue of the by. 1 in case of total loss of the goods for which liability is engaged.
(4) the maximum limits of liability referred to the by. 1 do not apply: has) when the nature and highest value of the goods or transport devices were expressly mentioned in the transport document and the carrier did not refute these details, forgotten the source) when the parties agreed expressly higher maximum limits of liability.
(5) the total amount of the compensation due for the same loss by the carrier, the carrier substituted and their servants and agents shall not exceed in total the limits of liability provided for in this article.
Art. 21 loss of right to limit liability (1) the carrier or the actual carrier cannot claim exemptions and limits of liability provided for by this Convention or in the contract of carriage if it is proved that he himself caused the damage by an act or omission committed either with the intent to cause such damage , or recklessly and with awareness that such damage would probably result.
(2) Similarly, the servants and agents acting on behalf of the carrier or the actual carrier cannot claim exemptions and limits of liability provided for by this Convention or in the contract of carriage, if it is proved that they caused the damage in the manner described on the by. 1 art. 22 application of the exemptions and limits of liability the exemptions and limits of liability provided for by this Convention or in the contract of carriage shall apply to any action for loss, damage or late delivery of the goods covered by the contract of carriage that action be based on tort or contract liability or any other basis.
Chapter VI time of claim art. 23 notice of damage (1) unqualified acceptance of the goods by the recipient is a presumption that the carrier has delivered the goods in the State and in the amount as they were handed to him for transport.
(2) the carrier and the consignee may require that the condition and quantity of the goods are recognized at the time of delivery in the presence of the two parties.
(3) if the loss or damage to the goods are apparent, any reservation of the recipient must, unless the consignee and the carrier didn't have found contradictory state of the goods, being written by indicating the general nature of the damage, at the latest upon delivery.
(4) if the loss or damage to the goods are not apparent, any reservation of the recipient must be issued in writing indicating the general nature of the damage, at the latest within a period of 7 consecutive days from the time of delivery, the injured person to prove in this case that the damage was caused while the goods were in the custody of the carrier.
(5) no compensation is due for damage caused by delay in delivery, unless the recipient proves having informed them the carrier of the delay within a period of 21 consecutive days following delivery of the goods and that the notice is reached the carrier.
Art. 24 prescription (1) all actions born of a contract governed by the Convention to prescribe within a period of one year from the day where the goods were or should have been delivered to the recipient. The day of departure of the prescription is not included in the period.
(2) the person against whom an action has been submitted may at any time during the limitation period extend that period by a declaration in writing addressed to the aggrieved person. This period may be extended by one or more other declarations.
(3) the suspension and interruption of the limitation period are governed by the law of the State applicable to the contract of carriage. The introduction of an appeal, in a procedure of allocation for the implementation of limited liability for all claims arising from an event resulting in damage, interrupts the limitation period.
(4) a claim of a person held liable under this Convention may be exercised even after the expiry of the limitation period to the by. 1 and 2 of this article, if proceedings are instituted within a period of 90 days from the day the person who exercises the recourse action upheld the claim or has been assigned or if a procedure is initiated within a longer period provided for by the law of the State where the procedure is involved.
(5) the prescribed action cannot be exercised as a counterclaim or exception.
Chapter VII limits of contractual freedom art. 25 stricken invalid clauses (1) any contractual stipulation intended to exclude or to limit or, subject to the provisions of art. 20, by. 4, to increase the liability, within the meaning of the present Convention, of the carrier, the actual carrier or their servants or agents, to reverse the burden of proof or to reduce the claim and prescription periods referred to in art. 23 and 24 is null. There is no also any clause intended to yield the benefit of insurance of goods to the carrier.
(2) Notwithstanding the provisions of the by. 1 of this article, and without prejudice to art. (21, are lawful clauses, stipulating that the carrier or the actual carrier is not liable for the damage caused: has) by an act or omission committed by the master of the vessel, the pilot or any other person in the service of the vessel, pusher or tug during driving boating during the formation or dissolution of a pushed convoy or towed convoy provided that the carrier has met the obligations related to the crew provided for in art. 3, by. 3, unless the Act or omission results from an intention to cause damage or reckless behavior with knowledge that such damage would probably; result b) by fire or an explosion on Board of the boat without it being possible to prove that the fire or explosion resulted from the fault of the carrier, the carrier or their servants and agents or a defect of the vessel; c) by defects of his boat or a rented boat or chartered existing prior to the trip if he can prove that such defects could not be discovered before the start of the voyage despite due diligence.
Chapter VIII provisions additional art. 26 communes the damage this Convention does not affect the application of the provisions of the contract of carriage or of national law relating to the calculation of the amount of damages and mandatory contributions in the case of a general average.
Art. 27. other applicable provisions and nuclear damage (1) this Convention does not affect the rights and obligations of the carrier as a result of international conventions or national law concerning the limitation of liability of owners of ships or vessels.
(2) the carrier is released from the liability under this Convention for damage caused by a nuclear incident if the operator of a nuclear facility or a other authorized person is responsible for that damage under the laws and regulations of a State governing liability in the field of nuclear energy.
Art. 28 unit of account the unit of account referred to in art. 20 of this Convention is set by the international monetary fund special drawing rights. The amounts referred to in art. 20 are to be converted into the national currency of a State according to the value of that currency at the date of judgement or at a date agreed by the parties. The value in special drawing rights, of the national currency of a State party is calculated according to the method of assessment applied effectively by the international monetary Fund on the date in question for its operations and transactions.
Art. 29 national provisions additional (1) in the absence of provisions of the present Convention, the contract of carriage is governed by the law of the State that the parties have chosen.
(2) lack of choice, the applicable law is that of the State with which the contract of carriage has the closest links.
(3) it is presumed that the transport contract has the closest connection with the State in which is located the principal place of business of the carrier at the time of the conclusion of the contract, if rather than support, the port of loading or the port of discharge or the place of delivery or the principal residence of the shipper is also in that State. If the carrier has no place of business on land and he concluded the contract of carriage on board his boat, it is presumed that the contract has the closest connection with the State in which the vessel is registered or whose flag it, if rather than support, the port of loading or the port of discharge or the place of delivery or the principal residence of the shipper is also in that State.
(4) the law of the State in which the goods are located governs the real guarantee enjoyed by the carrier for claims referred to in art. 10, by. 1. Chapter IX Declarations at the scope art. 30 transport on certain waterways (1) any State may, at the time of the signature of this Convention, its ratification, acceptance, approval or accession, declare that it will apply the Convention to contracts for transport which the journey borrows some waterways situated on its territory, not subject to an international regime relative navigation and not constituting not a link between such international waterways. However, such a declaration cannot mention all of the major waterways of that State.
(2) if the contract of carriage has for object the transport of goods without transshipment performed both on waterways not mentioned in the declaration referred to the by. 1 of this article and on the waterways referred to in this declaration, the Convention is also applicable to this contract unless the distance on these recent tracks is the longest.
(3) where a declaration has been made in accordance with the by. 1 of this article, any Contracting State may declare that it will not apply the provisions of this Convention to the contracts referred to in this statement. The declaration made in accordance with this paragraph will be effective at the time of the entry into force of the Convention for the State which has made a declaration in accordance with the by. 1, but at the earliest at the time of the entry into force of the Convention for the State which has made a declaration in accordance with this paragraph.
(4) the statements referred to the by. 1 and 3 of this article may be withdrawn, in whole or in part, at any time, by a notice to this effect to the depositary, stating the date on which the reservation will cease to have effect. The withdrawal of these statements has no effect on contracts already concluded.
Art. 31 national or free transport any State may, at the time of signature of this Convention, of its ratification, acceptance, approval, accession or at any time thereafter, declare that it will also apply this Convention to a) to contracts of carriage according to which the port of loading or rather than support and the port of discharge or the place of delivery are located in its own territory; b) in derogation of art. 1, by. 1, free transport.
Art. 32 regional regulations on the responsibility (1) any State may, at the time of the signature of this agreement, ratification, acceptance, approval, accession or at any time thereafter, declare that for the transport of goods between ports of loading or places of support and the ports of discharge or places of delivery located both on its own territory or its territory and on the territory of a State which has made the same declaration, the carrier is not liable for damage caused by an act or omission committed by the master of the vessel, the pilot or any other person in the service of the vessel or pusher or tug when nautical training or during driving or the dissolution of a convoy pushed or towed provided that the carrier has met the obligations related to the crew provided for in art. 3, by. 3, unless the Act or omission results from an intention to cause damage or reckless behavior with knowledge that such damage would probably result.
(2) regulations on the reporting responsibility to the by. 1 enter into force between two Contracting States at the time of the entry into force of this Convention in the second State which has made the same declaration. If a State made this statement once the Convention entered into force for him, regulations on the reporting responsibility to the by. 1 enter into force the first day of the month following the expiration of a period of three months from the notification of the declaration to the depositary. Liability regulation is applicable only to contracts of carriage signed after its entry into force.
(3) a declaration made in accordance with the by. 1 may be withdrawn at any time by notification to the depositary. In case of withdrawal, concerned liability regulation to the by. 1 will cease to have effect on the first day of the month following the notification or at a later date indicated in the notification. The withdrawal does not apply to contracts of carriage signed before the liability regulation has ceased to have effect.
Chapter X provisions final art. 33 signature, ratification, acceptance, approval, accession (1) this Convention is open for one year for signature by all States at the headquarters of the depositary. The signing period begins on the date on which the depositary notes that all authentic texts of this Convention are available.
((((2) States may become Parties to this Convention, a) by signing it without reservation of ratification, acceptance or approval, b) by signing it subject to ratification, acceptance or approval, and then by her ratifying, accepting or approving, c) by acceding to beyond the date limit of the signature.
(3) the instruments of ratification, acceptance, approval or accession are deposited with the depositary.
Art. 34 entry into force (1) this Convention enters into force the first day of the month following the expiration of a period of three months from the date on which five States have signed this Convention without reservation of ratification, acceptance or approval or else deposited their instruments of ratification, acceptance, approval or accession with the depositary.
(2) for the State who would sign this Convention without reservation of ratification, acceptance or approval or would submit the instruments of ratification, acceptance, approval or accession with the depositary after the entry into force of this Convention, it will enter into force the first day of the month following the expiry of a period of three months of signature without reservation of ratification acceptance or approval or deposit of the instruments of ratification, acceptance, approval or accession.
Art. 35 denunciation (1) this Convention may be denounced by any State party to the expiry of the period of one year from the date on which it entered into force for that State.
(2) notification of denunciation is deposited with the depositary.
(3) the denunciation shall take effect on the first day of the month following the expiration of a period of one year from the date of deposit of the notification of denunciation or after a longer period referred to in the notification of denunciation.
Art. 36 revision and amendment at the request of one third of the Contracting States to this Convention, the depositary shall convene a conference of the Contracting States intended to revise or amend this Convention.
Art. 37 revision of the amounts of the limits and the unit of account (1) Notwithstanding the provisions of art. 36, when a revision of the amounts fixed in art. 20, by. 1, or replacement of the unit defined in art. 28 by another unit are proposed, the depositary at the request of a quarter at least States Parties to this Convention, submitting the proposal to all members of the United Nations Economic Commission for Europe, the Central Commission for the Navigation of the Rhine and of the Danube Commission, as well as to all Contracting States and shall convene a conference with the sole purpose of revising the amounts fixed in art. 20, by. 1, or replace the unit defined in art. 28 by another unit.
(2) the conference shall be convened at the earliest after a period of six months from the date of transmission of the proposal.
(3) all Contracting States to the Convention are entitled to participate in the conference, whether they are members of the organizations mentioned in the by. 1 or not.
(4) the amendments are adopted by a majority of two thirds of the Contracting States to the Convention represented at the conference and participating in the voting, provided that at least half of Contracting States to the Convention are represented during the vote.
(5) for the consultation on the amendment of the amounts fixed in art. 20, by. 1, the conference takes into account the lessons learned from the events causing damage and especially scale damage thus incurred, monetary value and changes the impact of the amendment on insurance costs.
(((6) has) changing the amounts in accordance with this article may intervene at the earliest after a period of five years from the day of the opening of this Convention for signature and at the earliest after a period of five years from the day of entry into force of an amendment occurred previously, in accordance with the present article.b) an amount may be increased to exceed the amount corresponding to the maximum limits of liability laid down by This Convention, increased by 6 percent per year, calculated according to the principle of compound interest from the day of the opening of this Convention to the signature.c) an amount may be increased to exceed the amount corresponding to three times the maximum limits of liability established by this Convention.
(7) the depositary shall notify all Contracting States any amendment adopted in accordance with the by. 4. the amendment shall be deemed accepted after a period of 18 months following the date of notification, unless within that period a quarter less than the States which were Contracting States at the time of the decision on the amendment have informed the depositary that they accept not this amendment; in this case the amendment is rejected and does not come into force.
(8) a deemed amendment accepted according to the by. 7 enter into force eighteen months after its acceptance.
(9) all Contracting States are bound by the amendment at least that they denounce this Convention in accordance with art. 35 at the latest six months before the entry into force of the amendment. The denunciation shall take effect on the entry into force of the amendment.
(10) when an amendment has been adopted but the eighteen-month period for acceptance has not elapsed, a State that becomes a contracting during this period State is bound by the amendment if it enters into force. A State that becomes a Contracting after this State is bound by an amendment accepted according to the by. 7. in the cases mentioned in this paragraph, a State is bound by an amendment as soon as its entry into force or as soon as this Convention comes into force for that State if it comes later.
Art. 38 depositary on 21 February 2013 statements (1) scope this Convention will be deposited with the Government of the Republic of Hungary.
(((2) the depositary a) communicate to all States that participated in the diplomatic Conference for the adoption of the Budapest Convention on the contract of carriage of goods in inland navigation the Convention in the official language version, which was not yet available at the Conference for his audit; b) notify all States referred to in the let. (a) any proposed amendment to the text provided in accordance with the let. ((a); c) will see the date all official language versions of the Convention have been implemented in compliance and are to be considered as authentic; d) communicate to all States referred to in the let. (a) the date determined in accordance with the let. c); e) will be given to all States who have been invited to the diplomatic Conference for the adoption of the Budapest Convention on the contract of carriage of goods by inland navigation and to those having signed this Convention or acceded is, certified copies of the present Convention; f) inform all States which have signed this Convention or acceded ((((, i) of any signature of new notice as well as any statement, with indication of the date of signature, notification or declaration; ii) from the date of entry into force of this Convention; iii) of any denunciation of this Convention with indication of the date on which it takes effect; iv) of any amendment decided in accordance with the art. 36 and 37 of the Convention with indication of the date of entry into force; v) of any communication required under a provision of this agreement.
(3) after the entry into force of this Convention, the depositary shall forward to the Secretariat of the United Nations a certified true copy of this Convention for registration and publication in accordance with art. 102 of the Charter of the United Nations.
In faith, the Plenipotentiaries undersigned, duly authorized for this purpose by their Governments, have signed this Convention.
Made in Budapest on 22 June 2001 in an original copy of which each in German, English, french, Dutch and Russian texts are equally authentic.
RS 0.120 scope on 21 February 2013 States parties Ratification, accession (A) entry into force Germany, July 10, 2007 November 1, 2007 Belgium August 5, 2008 December 1, 2008 Bulgaria March 19, 2006 August 1, 2006 Croatia 7 December 2004 April 1, 2005 France may 11, 2007 September 1 2007 Hungary * may 7, 2002 April 1, 2005 Luxembourg may 25, 2004 April 1, 2005 Moldova April 21, 2008 August 1, 2008 Netherlands 20 June 2006 October 1, 2006 Republic Czech November 14, 2005 March 1, 2006 Romania April 3, 2004 April 1, 2005 Russia April 11, 2007 A 1 August 2007 Slovakia 27 November 2007 1 March 2008 Serbia * July 21, 2010 November 1, 2010 Switzerland * may 13, 2004 April 1, 2005 * reservations and declarations.
Reservations and declarations, with the exception of Switzerland, are not published to the RO. The texts can be obtained at the Directorate of public international law (FDFA), Section of international treaties, 3003 Bern.
Switzerland art Declaration statements. 30 al. 1. the Switzerland does not apply the Convention to its national waterways, boundary waters are included with the exception of the Rhine, from the Swiss border at Rheinfelden.
Declaration on the art. let 31. a the Switzerland also apply the Convention to the transport of goods on the Rhine between the Swiss border and Rheinfelden.
RO 2005 1269; FF 2003 3563 RO 2005 RO 2005 1269 1267, 2007 1179, 2008 4897, 2013-805. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State February 21, 2013