Einde inhoudsopgave
Budapest Convention on the Contract for the carriage of goods by inland waterway (CMNI)
Article 18 Special exonerations from 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.
The carrier and the actual carrier shall be exonerated from their liability when the loss, damage or delay are the result of one of the circumstances or risks listed below:
- a)
acts or omissions of the shipper, the consignee or the person entitled to dispose of the goods;
- b)
handling, loading, stowage or discharge of the goods by the shipper, the consignee or third parties acting on behalf of the shipper or the consignee;
- c)
carriage of the goods on deck or in open vessels, where such carriage has been agreed with the shipper or is in accordance with the practice of the particular trade, or if it is required by the regulations in force;
- d)
nature of the goods which exposes them to total or partial loss or damage, especially through breakage, rust, decay, desiccation, leakage, normal wastage (in volume or weight), or the action of vermin or rodents;
- e)
lack of or defective condition of packaging in the case of goods which, by their nature, are exposed to loss or damage when not packed or when the packaging is defective;
- f)
insufficiency or inadequacy of marks identifying the goods;
- g)
rescue or salvage operations or attempted rescue or salvage operations on inland waterways;
- h)
carriage of live animals, unless the carrier has not taken the measures or observed the instructions agreed upon in the contract of carriage.
2.
When, in the circumstances of the case, damage could be attributed to one or more of the circumstances or risks listed in paragraph 1 of the present article, it is presumed to have been caused by such a circumstance or risk. This presumption does not apply if the injured party proves that the loss suffered does not result, or does not result exclusively, from one of the circumstances or risks listed in paragraph 1 of this article.