Einde inhoudsopgave
Budapest Convention on the Contract for the carriage of goods by inland waterway (CMNI)
Article 32 Regional provisions concerning liability
Geldend
Geldend vanaf 01-04-2005
- Bronpublicatie:
22-06-2001, Trb. 2001, 124 (uitgifte: 26-07-2001, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-04-2005
- Bronpublicatie inwerkingtreding:
11-08-2006, Trb. 2006, 176 (uitgifte: 01-01-2006, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Vrij verkeer
Vervoersrecht / Binnenvaart
1.
Each State may, at the time of signature of this Convention, or of its ratification, its approval, its acceptance, its accession thereto or at any time thereafter, declare that in respect of the carriage of goods between ports of loading or places where goods are taken over and ports of discharge or places of delivery, of which either both are situated on its own territory or one is situated on its own territory and the other on the territory of a State which has made the same declaration, the carrier shall not be liable for damage caused by an act or omission by the master of the vessel, pilot or any other person in the service of the vessel, pusher or tower during navigation or during the formation of a pushed or towed convoy, provided that the carrier complied with the obligations set out for the crew in article 3, paragraph 3, unless the act or omission results from an intention to cause damage or from reckless conduct with the knowledge that such damage would probably result.
2.
The provision concerning liability referred to in paragraph 1 shall enter into force between two Contracting States when this Convention enters into force in the second State which has made the same declaration. If a State has made this declaration following the entry into force of the Convention for that State, the provision concerning liability referred to in paragraph 1 shall enter into force on the first day of the month following a period of three months as from the notification of the declaration to the depositary. The provision concerning liability shall be applicable only to contracts of carriage signed after its entry into force.
3.
A declaration made in accordance with paragraph 1 may be withdrawn at any time by notification to the depositary. In the event of withdrawal, the provisions concerning liability referred to in paragraph 1 shall cease to have effect on the first day of the month following the notification or at a subsequent time indicated in the notification. The withdrawal shall not apply to contracts of carriage signed before the provisions concerning liability have ceased to have effect.