1132 Boo V TITLE 15 AIR LAW THE AIRCRAFT In this Title: (a) the 'Geneva Convention' is the Convention concluded at Geneva 19 June 1948 in respect of the international recognition of rights in craft (Tractatenblad 1952, 86); (b) 'Contracting State' is a State in respect of which the Geneva Conventio is in force; (c) 'Convention register7 is a register kept outside the Netherlands, as referre to in Article I, paragraph 1 (ii) of the Geneva Convention; (d) 'Public registers7 are the public registers referred to in Section 2 of Title of Book 3. Article 1381 If an aircraft belongs to several persons, to a general partnership, a limite partnership or a legal person, the obligations which this Section imposes upon th owner shall be incumbent upon each co-owner, managing partner or director. Repealed Article 1303 1. Registration is only possible if: (a) the aircraft is a Dutch aircraft in the sense of the Wet Luchtvaart (Aviation Act); and (b) the weight of the aircraft is equal to or exceeds the weight determined by Regulation. 2. It is not possible to register an aircraft which is already entered in the public registers in a Convention register, or in any similar foreign register. 3. In derogation of paragraph 2, registration of an aircraft which is entered in a Convention register or in any similar register is possible, where the owner has acquired the ownership of the aircraft by adjudication following an execution which took place in the Netherlands.
& k e Law of Carriage and Means of Transportation 1133 4. Registration shall be requested by the owner of the aircraft. For that purpose, must submit a declaration signed by him to the effect that, to the best of his knowlge, the aircraft is registrable. This declaration requires the approval of the court. 5. The entry in the public registers has no juridical effect where the requirements of the preceding paragraphs of this article have not been fulfilled. 6. On the occasion of the request for registration, domicile shall be elected in the Netherlands. Such domicile shall be mentioned in the request for registration, and may be replaced by another domicile located in the Netherlands. Article 1304 1. The registration shall only be cancelled: (a) upon the request of the person mentioned as owner in the Public registers; (b) upon the declaration of the owner or ex oficio: (1) if the aircraft has ceased to exist as such; (2) if, during two months from the last departure, no news has been received without this fact being attributable to a general disruption in communications; (3) if the aircraft does not possess or no longer possesses the quality of a Dutch aircraft; (4) if, following an execution in a Convention State outside the Netherlands according to the Geneva Convention, the aircraft is registered in a Convention register. 2. In the cases referred to in paragraph l(b) the owner of the aircraft must ake a declaration within three months from the time the ground for cancellation 3. Where, with respect to the aircraft, there are entries or provisional annotations in favour of third persons, cancellation shall only take place if none of them opposes it, except in the case referred to in paragraph l(b)(4). 4. Cancellation shall only take place after authorization granted by the court pon the request of the most diligent party. The only rights in rem to which an aircraft entered in the register can be subct are the ownership, the mortgage and the rights in rern referred to in Articles I. An aircraft entered in the register is registered property.
1134 BOO^^&$ 2. In applying Article 301 of Book 3 with respect to instruments which, QY: the basis of Article 89, paragraphs 1 and 4 of Book 3 are intended for the deliv+& of such an aircraft, the decision of the Dutch court referred to in the first me&! tioned article cannot be registered until it has become final and binding. )# $4 py!& $8 & Ownership of, and a mortgage on a registered aircraft are acquired by a pas{{ sessor in good faith by an uninterrupted possession of five years. $ $ 44 A right in rem can be established upon a registered aircraft which consists the right of the holder of the aircraft to acquire the ownership thereof, upon p ment of a certain amount or upon fulfilment of any other condition, pursuant t contract of sale which he has already entered into or will enter into. In the not instrument intended for the establishment of such right, the aircraft subject to su right must be clearly mentioned. Article 1309 I. A right in rem can be established upon a registered aircraft, which grants the holder the right of use of the aircraft arising from a contract of lease and hire, which has been entered into for at least six months. In the notarial instrument intended for the establishment of such right, the aircraft subject to such right must be clearly mentioned. 2. The contract of lease and hire is deemed to be the title for the establishment. If the contract of lease and hire has been set out in a notarial instrument complying with the requirements for an instrument of delivery, such instrument is deemed to be the instrument of delivery. 3. Article 226 of Book 7 does not apply to a contract of lease and hire regarding a registered aircraft. Article 1310 Without prejudice to the provisions of Article 260, paragraph 1 of Book 3, the notarial instrument in which a mortgage is granted upon a registered aircraft, shall clearly mention the aircraft subject to the mortgage. Article 1311 The claim covered by mortgage ranks after the claims referred to in Articles 13 15 and 13 17; however, it ranks in priority to all other claims to which this or any other law grants a privilege.
The Law of Carriage and Means of Transportation 1135 *: Article 11312 If the claim carries interest, the mortgage also serves as security for the interest upon the principal sum which has become due during the last three years preceding the commencement of execution and during the course hereof. Article 263 of Book 3 does not apply. Article 177 of Book 3 does not apply to a mortgage on a share in a registered aircraft; after alienation or attribution of the aircraft, the mortgage remains in force. Articles 234,261,264,265,266 and 268-273 of Book 3 and Articles 544-548 of the Code of Civil Procedure do not apply to a mortgage on a registered air- In the case of execution of an aircraft entered in the public registers or in a Convention register, the costs of execution, the costs of custody during such execution, the costs made after the attachment to preserve the aircraft, including the costs of repair, which were indispensable for the preservation of the aircraft, all other costs made during the execution in the interest of the creditors, as well as the costs of judicial ranking and of distribution of the proceeds amongst the creditors, shall be paid from the proceeds of the sale in priority to all other claims to which this or any other law grants a privilege. and Article 60, paragraph 2, first sentence, and para- 4 and Article 299b, paragraphs 3 to 5, inclusive, of the Faillissementswet ly to aircraft which are entered in the Public registers 1. The following claims have a privilege on an aircraft which, at the time of, e creation of the claims hereinafter referred to, is entered in the public registers in a Convention register, in priority to all other claims to which this or any other grants a privilege, except Article 13 15.
Book (a) the claims for payment of remuneration for salvage of the aircraft; (b) the claims for payment of extraordinary expenses, necessary for the preservation of the aircraft. 2. Paragraph 1 only applies if the salvage or the act of preservation has been terminated in the Netherlands or in a Convention State whose legislation grants a privilege with effect as against all other persons to the claims which arose because of these acts. 3. Article 284 of Book 3 does not apply. Ar~ciBe 1318 The privileged claims, referred to in Article 1317, rank amongst themselves in the reverse order of the dates on which the events giving rise to them took place. Article 1319 A privilege pursuant to Article 13 17 in favour of a creditor shall extend to the aircraft irrespective of who controls it. Article 1328 1. The privileges on an aircraft granted pursuant to this Section are extinguished on the expiry of three months, unless, within this period, the privilege has been entered in the public registers or the Convention register in which the aircraft is registered, and unless, in addition, the amount of the claim has been determined amicably or unless recognition of the claim and its size has been claimed judicially. 2. In the case of a sale for execution, the privileges shall also be extinguished at the time the distribution proceedings are closed. 3. The period referred to in paragraph 1 begins with the commencement of the day following the one on which the salvage or the act of preservation, having given rise to the claim, has been terminated. 4. Privileges as referred to in Article 1317 can be entered in the Public registers. Article 24, paragraph 1 of Book 3 does not apply. Article 1321 Without prejudice to the power to issue regulations pursuant to the Kcldastenvet (Land Register Act), where, in the interest of the proper execution of the law, the subjects covered in this Title require further rules, these shall be determined by or pursuant to Regulation.
e Law of Carriage and Means of Transportation $ Resewed TITLE 16 OPERATHONS Article 8340 Without prejudice to Articles 1360, paragraph 1 and 1402, paragraph 1, les 361 to 366, inclusive, apply mutatis mutandis to the operation of an air-, provided that the person whose assistance is used by the carrier in the perrmance of his obligations can also invoke Article 365, provided that such person ted within the scope of the work for which he was used. tiele 1341 An 'aircraft' in this Title, to the extent persons and baggage are concerned, cludes a hovercraft. In this Title 'checked baggage' means baggage handed over prior to under- $, taking a voyage by air to the carrier by or on behalf of the passenger for $ carriage. 0 t $. 1. Any reference in a carriage document is deemed to incorporate only such $terms and conditions to which the awareness of the person against whom the same a are invoked have been clearly drawn. 9 % 2. The terms and conditions may be invoked only by the person who, upon 6% the written request of the person against whom they have been or may be invoked, C Y$ has provided the terms and conditions to such person without delay. >4 3. Any terms or condition which derogates is made from paragraph 2 of this kl article shall be null and void. \>*' Carriage by air to be performed by several successive carriers is deemed, for purposes of this Title, to be one undivided carriage by air if it has been regarded
1138 Book 8."*I by the parties as a single operation, irrespective whether it had been agreed upon under the form of a single contract or of a series of contracts. 8 Article 1343 1. In this Title, save for the provisions in paragraphs 4 and 5 of this article, a carrier is deemed to include the actual carrier, provided that the actual carrier is subject only to the provisions of this Title to the extent of that part of the carriage performed by him. 2. The actual carrier is deemed to be the carrier who, not being a carrier or successive carrier, as referred to in Articles 1350, 1352, 1390, 1392 or 1420, but with the latter's consent, performs all or part of the carriage referred to in this Title. 3. The consent referred to in paragraph 2 is presumed to have been granted. 4. Any act or omission of the carrier or of the persons whose assistance is used by the carrier in the performance of his obligations, provided they acted or refrained from acting within the scope the work for which they were used, cannot result in a liability of the actual carrier in excess of the liability determined in or pursuant to Articles 1359, 1399 and 1400. A term or condition agreed by the carrier which extends his liability beyond this Title or whereby he renounces any right granted to him by or pursuant to this Title or whereby a special interest in the delivery is determined as referred to in Article 1359, paragraph 1 and Article 1400, paragraph 2, shall, if he has consented to such a term or condition, bind the actual carrier exclusively. 5. Instructions as referred to in Article 1373 shall only have effect if these are addressed to the carrier. Article 8346 Section 3 of this Title shall apply only to the extent Council Regulation (EC) No. 2027197 on air carrier liability in the case of accidents, as amended by Regulation (EC) No. 88912002 of the European Parliament and the Council of 13 May 2002 (OJ EC L140) does not apply. The Unit of Account mentioned in this Title is the Special Drawing Right defined by the International Monetary Fund. The amounts mentioned in this title shall be converted into Euro at the rate of exchange on the day of payment or, in the case of judicial proceedings, as of the date of the decision. The value in Euro expressed in Special Drawing Rights shall be calculated in accordance with the
The Law of Carriage and Means of Transportation 1139 valuation method applied by the International Monetary Fund on the date of conversion for its own operations and transactions. Reserved I. A contract for the carriage of goods within the meaning of this Title is a contract for the carriage of goods, whether or not being a time- or voyage-charter, whereby one party (the carrier) undertake to the other party (the consignor) to carry things on board an aircraft exclusively by air. 2. This Section does not apply to contracts for the carriage of mail by or by order of the holder of the concession referred to in the Postwet (Postal Administration Act) or pursuant to an international postal convention. Subject to Article 1395, this Section does not apply to contracts for the carriage of baggage. I. The carriage by air comprises the period during which the things are in the charge of the carrier. 2. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the perfomance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed to have been caused by an occurrence which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage agreed between the parties, such carriage by another mode of transport is deemed to be within the period of the carriage by air. A time- or a voyage-charter within the meaning of this Section is a contract for the carriage of goods whereby the carrier (the shipper) undertakes the carriage on board an aircraft made available to the consignor (the charterer) for such purpose either in full or in part and whether or not on a time basis (time- or voyage-chartering), other than by way of a contract whereby one party undertakes to make an aircraft available to the other party without retaining any control over it.
Artide I353 1. The carrier must deliver the things which he has received for carriage to the destination in the same state in which he received them. 2. The carrier is not liable if and to the extent he proves that the loss was caused exclusively by one or more of the following circumstances: (a) the nature of or a latent defect in the things; (b) defective packaging of the things performed by a person other than the carrier or persons whose assistance was used in the performance of his obligations; (c) an act of war or an armed conflict; (d) an act of a public authority in connection with the import, export or transit of the things. Article 1354 1. The carrier must carry the things received for carriage without delay. 2. The carrier is not liable for loss caused by delay if he and the persons whose assistance was used in the performance of his obligations took all measures reasonably required to avoid the loss or that it was impossible for him or for them to take such measures. Article 1355 1. If the carrier proves that the fault or negligence of the person claiming compensation or from whom he or she derives his or her rights caused or contributed to the loss, the carrier shall be wholly or partially exonerated from liability towards that person to the extent such fault or negligence caused or contributed to the loss. 2. This article applies to all liability provisions in this Section. Article 1356 Any term or condition purporting to relieve the carrier of liability pursuant to this Section or to fix a lower limit than that which is provided for in this Section shall be null and void, but the nullity of any such terms and condition shall not result in the nullity of the contract, which shill remain subject to the provisions of this Title. 1. To the extent that the carrier is liable for non-performance of the obligations to which he is subject pursuant to Article 1353 or Article 1354, the consignor shall have no other right than to claim payment of an amount, calculated on the
The Law of Carriage and Means of Transportation 1141 basis of the value of the things such as those received for carriage would have had at the time when and place where such things were or should have been delivered. 2. The value referred to in paragraph 1 shall be calculated in accordance with the price at the commodity exchange or, if there is no such price, the current market value, or, if there is no such value, in accordance with the normal value of things of the same nature and quality. If compensation is due with respect to a thing pursuant to Article 1377, this is considered as a reduction in the value of that thing. Article 1359 1. In the case of the carriage by air of things, the liability of the carrier for destruction, loss, damage or delay is limited to an amount of seventeen Units of Account per kilogram, unless the passenger, at the time the checked things were handed over to the carrier, made a special declaration of interest in the delivery being made and paid a supplementary sum at a possibly increased rate. In that case \ the carrier will be liable to pay the amount of the declared sum, unless he proves that the sum is greater than the consignor's actual interest in the delivery. 2. In the case of destruction, loss, damage or delay of part of the things, or of any object contained therein, the weight to be taken into account in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, if the destruction, loss, damage or delay of a part of the things or of any object contained therein, affects the value of other packages covered by the same air waybill or the same receipt or, if they were not issued, by the same records preserved by the other means referred to in paragraph 2 of Article 1365, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. 3. Paragraphs 1 and 2 shall not apply to any possible liability of the carrier for the costs of the proceedings with the party against whom he may invoke these provisions, including interest, unless the carrier, either within a period of six months from the date of the occurrence causing the loss, or prior to the comrnencement of the action if this is instituted after such period, has made a written offer to the claimant of an amount equal to or greater than the amount of the damages awarded, excluding the said costs of the litigation. i I. If an action is brought against a person whose assistance was used by the ; carrier in the performance of his obligations arising out of loss to which this b Section relates, such person shall be entitled to invoke the limits of liability which t
1142 Book 8 the carrier himself is entitled to invoke pursuant to Article 1359, if he proves that he acted within the scope of the work for which he was used. 2. The aggregate of the amounts recoverable from the carrier and the persons referred to in paragraph 1, in that case, shall not exceed the limits mentioned in Article 1359. Article 8361 The consignor must compensate the carrier for the loss suffered by the latter if, for whatever reason, the things agreed upon are not made available to him at the agreed time and place. Article 1362 1. The consignor is entitled to cancel the contract until such time as the things have been put at the disposal of the carrier. 2. Upon the expiry of the time when the things must be made available to the carrier and no such things at all are available to the carrier, for whatever reason, the latter may cancel the contract, without notice of default. 3. If, on expiry of the time referred to in the second paragraph, only part of the things agreed upon are at the disposal of the carrier, for whatever reason, the latter may, without notice of default, cancel the contract or commence the voyage. 4. Cancellation shall be made by notice, the receipt of which can be clearly demonstrated, and the contract is terminated at the time of its receipt but if things were made available in part the contract shall not terminate until the expiry of the period for the carriage thereof. 5. The consignor must compensate the carrier for the loss suffered by the latter as a result of the cancellation or commencement of the voyage. 6. This article does not apply in case of time-chartering. Article 11363 1. Where, before or at the time of the delivery of the things to the carrier, circumstances arise or occur on the part of one of the parties which the other party did not need know at the time of entering into the contract, but which, had he known them, would have given him reasonable grounds not to enter into the contract of carriage or to enter into it upon different terms, such other party may cancel the contract. 2. Cancellation takes place by a notice or by any other message the receipt of which can be clearly demonstrated, and the contract is terminated at the time of receipt of the message.
The Law of Carriage and Means of Transportation 1143 3. After cancellation of the contract, the parties must, in accordance with standards of reasonableness and fairness, compensate each other for the loss suffered therefrom. The consignor must compensate the carrier for any extraordinary loss which the latter suffers from equipment that the former makes available to the carrier or from things that the latter received for carriage, or from the handling thereof, except to the extent that such loss was caused by any circumstance for which the carrier bears the risk. The carrier shall bear the risk for those circumstances for which he would bear the risk in the case of damage to things carried by him. I. For carriage of things by air, an air waybill shall be delivered, which must in any case state the weight of the consignment. 2. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a receipt permitting the identification of the consignment and access to the information contained in the record preserved by such other means. 3. If necessary to meet the formalities of customs, police and similar public authorities, the consignor may be required to deliver a document indicating the nature of the things. This provision creates for the carrier no duty, obligation or liability arising therefrom. 4. Paragraph 1 shall not apply between parties to a charter. Article I366 1 1. The air waybill shall be made out by the consignor in three original counterparts. 2. The first counterpart shall be marked 'for the carrier'; it shall be signed by the consignor. The second part shall be marked 'for the consignee'; it shall be : signed by the consignor and by the carrier. The third counterpart shall be signed by the carrier and shall be handed by him to the consignor after acceptance of the things. f 3. The signature of the carrier and that of the consignor may be printed or stamped or placed by electronic means. 4. If, at the request of the consignor, the carrier prepares out the air waybill, the carrier shall be deemed to have done so on behalf of the consignor.
Book 8 5. Article 56, paragraph 2,75, paragraph 1 and 186, paragraph 1 of Book 2 shall not apply. Artide 1367 If there is more than one package: (a) the carrier has the right to require the consignor to make out separate air waybills; (b) the consignor has the right to require the carrier to deliver separate cargo receipts if the other means referred to in paragraph 2 of Article 1365 are used. Article 1368 Non-compliance with the provisions of Articles 1365 to 1367, inclusive, shall not affect the existence or the validity of the contract of carriage, which shall nonetheless be subject to the rules of this Title, including those relating to limitation of liability. I. The consignor shall warrant the accuracy of the particulars and declarations with regard to the things he has declared in the air waybill or which have been provided by or for him to the carrier for inclusion in the receipt or in the information set out by the other means referred to in Article 1365, paragraph 2. The preceding sentence also applies in the event that the person acting for the consignor also acts for the carrier. 2. The consignor shall be liable for any loss, which is suffered by the carrier or by any other person for whom the carrier is liable and which is caused by the inaccuracy, incorrectness or incompleteness of the particulars and declarations which have been provided by or for the consignor. 3. Save for the provisions in paragraphs 1 and 2 of this article, the carrier shall be liable for any loss, which is suffered by the consignor or by any other person towards whom the consignor is liable and which is caused by the inaccuracy, incorrectness or incompleteness of the particulars and declarations which have been included by or for the carrier in the receipt or in the information set out by the other means referred to in Article 1365, paragraph 2. I. The consignor must promptly provide the carrier with all such indications regarding the things as well as the handling thereof, which he is or ought to be able to provide, and of which he is or ought to be aware that they are of importance to the carrier, unless he may assume that the carrier knows of these data.
The Law of Carriage and Means of Transportation 1145 2. The consignor must provide such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the things can be delivered to the consignee. The consignor is liable to the carrier for any loss caused by the absence, incompleteness or the inaccuracy of any such information or documents, unless the loss is due to the fault of the carrier or of the persons of whose assistance he makes use when performing his obligation. 3. The carrier must exercise reasonable care so that the documents which have been handed to him do not get lost or are mishandled. Compensation owed by him in this respect shall not exceed that owed pursuant to Articles 1357, 1358 and 1359 in the event of loss of the things. 4. The carrier is under no obligation to inquire into the correctness or sufficiency of such information or documents. 5. Paragraphs 2, 3,4 and 5 of Article 1362 apply, mutatis mutandis, except in the case of time-chartering, where, on the expiry of the time within which the things must be made available to the carrier, the obligat~ion of the carrier referred to in paragraph 1 has not or only partially been fulfilled or where, on the expiry of the time within which the documents and information referred to in paragraph 2 must be present, these are not properly present for whatever reason. 1. The air waybill or the receipt shall be prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the terms of carriage mentioned therein. 2. Any statements in the air waybill or the receipt relating to the weight, dimensions and packing of the things, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the things do not constitute evidence against the carrier except insofar as they both have been, and are stated in the air waybill or the receipt as having been checked by him in the presence of the consignor, or relate to the apparent condition of the things. Art& 13'72 Axticles 1365, paragraphs 1, 2 and 4, 1366 and 1367 do not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier's airway business. Subject to his liability to perform all his obligations under the contract of carriage, the consignor has the right to dispose of the things by withdrawing them at the airport of departure or destination, or by stopping them in the course of the journey
1146 Book 8 at any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring them to be returned to the airport of departure, to the extent that the exercise of this right shall not prejudice the carrier or other consignors and with the obligation to reimburse any expenses occasioned by the exercise of this right. 2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor immediately. 3. If the carrier carries out the instructions of the consignor for the disposition of the things without requiring the production of the counterpart of the air waybill or the receipt delivered to the latter, the carrier will be liable, without prejudice to his right of recovery from the consignor, for any loss which may be caused thereby to any person lawfully in the possession of the air waybill or the receipt. 4. The right of the consignor lapses at the moment when that of the consignee begins in accordance with Article 1374. Nevertheless, if the consignee declines to accept the things, or cannot be communicated with, the consignor shall again have the right of disposition. Article 1374 I. Except when the consignor has exercised his right under Article 1373, the consignee is entitled, immediately on arrival of the things at the place of destination, to require the carrier to deliver the things to him, on payment of the charges due and on complying with the conditions of carriage. 2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the things arrive. 3. If the carrier admits the loss of the things, or if the things have not arrived on the expiry of seven calender days after the date on which they ought to have arrived, the consignee is entitled to enforce the rights which arise from the contract against the carrier. The consignor and the consignee can respectively enforce all the rights given to them by Articles 1373 and 1374, each in his own name, irrespective whether he is acting in his own interest or in the interest of another, provided that the obligations imposed by the contract are performed. I. Articles 1373, 1374 and 1375 do not affect the relations of the consignor and the consignee towards each other and the relations of third parties whose rights are derived either from the consignor or from the consignee.
The Law of Carriage and Means of Transportation 1 147 2. The provisions of the articles mentioned in paragraph 1 can only be varied by express provision in the air waybill or the receipt. Without prejudice to Section 1 of Title 4 of Book 6, the consignor and the consignee must jointly and severally compensate the carrier for the loss which he has suffered because he has involved himself as intervener in looking after the interests of the person entitled to the things received for carriage. 1. The carrier is entitled to refuse to hand over things under his control in connection with the contract of carriage to any person who has a right to delivery of suck things pursuant to a title other than the contract of carriage, unless the things have been attached and the continuation of such attachment will result in an obligation to deliver them to the attachor. 2. The carrier is not entitled to use the rights granted to him in paragraph 1 with respect to a third person if, at the time when he received the thing for carriage, he had reason to doubt the right of the consignor as regards such third party to make such thing available to him for carriage. I. To the extent that the person who, with respect to the carrier, has the right to delivery of things carried, does appear, refuses to receive them or does not promptly take delivery of them, to the extent that things have been attached and if the carrier has well-founded reasons to assume that the person who claims to have title to the thing is nevertheless not entitled to the delivery, the carrier is entitled to deposit such things with a third person in a place fit for that purpose, for the account and at the risk of the person entitled to the thing. At his request the court may determine that he may keep such things under his control or that he can take other measures for such purpose. 2. The third person-depositary and the recipient are bound towards each other as if the contract entered into with respect to the deposit was also entered into between them. The depositary, however, is not entitled to the delivery until after written permission to do so is obtained from the person who deposited the things. 3. The carrier must notify the consignor and also the recipient, at the expense of the person with title to the thing, as soon as possible and in a manner whereby the receipt is clearly demonstrable, of the deposit and the reason therefor.
1148 Book 8 Article 1380 I. If Article 1379 applies, the carrier, the depositary as well as the person who, towards the carrier, has a right to the delivery may, upon a request thereto, be authorized by the court to sell the things in whole or in part, in the manner to be determined by it. 2. The depositary must notify the carrier as soon as possible of the intended sale; the carrier owes such obligation towards the person who, towards him, has the right to the delivery of the things. Tender and deposit of the proceeds of sale shall be made into the deposit fund to the extent that these are not intended for payment of the cost of the deposit and sale, as well as for the reasonable costs. Unless the things have been attached for a pecuniary claim, the carrier must be paid from the amount to be deposited what is owed to him for the carriage; to the extent that such claims have not yet been determined, the proceeds or part thereof will serve as security for such claims in a manner to be determined by the court. 3. The proceeds paid into the deposit fund shall be in substitution of the things. The cost of sorting the things to the extent necessary for a correct delivery shall be for the carrier's account. Receipt by the person entitled to delivery of things without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in Article 1365, paragraph 2. Articles 1383-1389 Resewed Article I390 A contract of carriage of persons within the meaning of this Title is a contract of carriage of persons, whether or not being time- or voyage-chartering, whereby the one party (the carrier) binds himself towards the other party to carry one or more persons (passengers) on board an aircraft and whether or not their baggage exclusively by air.
The Law of Carriage and Means of Transportation Article 1391 The period of carriage by air of persons and their unchecked baggage shall comprise the time during which the passenger is on board the aircraft, as well as the time of any act connected with embarking or disembarking from the aircraft. Article 31392 A time- or a voyage-charter within the meaning of this Section is a contract of carriage of persons, whereby the carrier (charterer) binds himself to carriage on board of an aircraft which, otherwise than by a contract whereby the one party undertakes to make the aircraft available to the other party without keeping any control thereof, he makes available to the other party (the charterer), in its entirety and whether or not on a time basis (time- or voyage-chartering). The carrier shall liable for loss suffered by death of or bodily injury to a passenger, if the accident which caused the loss took place in the period defined in Article 139 1. I. The carrier shall be liable for loss suffered by destruction, loss of, or of damage to checked baggage upon condition only that the event which caused the loss took place during the period defined in Article 135 1. However, the carrier is not liable if and to the extent that the loss resulted from the nature or an inherent defect of the baggage. 2. The carrier shall be liable for loss caused in the case of destruction or loss of, or of damage to unchecked baggage, including personal possessions, if the loss resulted from his fault or that of persons who assisted him in the performance of his obligation. Article 1395 I. Without prejudice to this Section, Articles 1351, 1357, 1358, 1370, 1377, 1378, 1379 and 1380 apply, mutatis mutandis, to the carriage of checked baggage. 2. Parties are free to derogate from the provisions which paragraph 1 declares applicable to their mutual relationship. Article 1396 1. The carrier shall be liable for loss caused by delay in the carriage by air.
1150 Book 8 2. The carrier shall not be liable for loss caused by delay if he proves that he and the persons who assisted him in performing his obligation took all measures that could reasonably be required to avoid the loss or that it was impossible for him or them to take such measures. 1. If the carrier proves that the loss was caused or contributed to by default or negligence of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from his liability to such person to the extent that such fault or negligence caused or contributed to the loss. 2. If by reason of death of or bodily injury to a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from his liability to the extent that he proves that the loss was caused or contributed to by the fault or negligence of that passenger. 3. This article applies to all the liability provisions in this Section, including paragraph 1 of Article 1399. 1. Any term purporting to exonerate the carrier from liability on account of this Section or to fix a lower limit than that set out in this Section shall be null and void, but the nullity of any such term shall not result in the nullity of the contract, which shall remain subject to the provisions of this Title. 2. This provision shall not affect Article 1395, paragraph 2. 1. The carrier may not limit or exclude his liability for loss referred to in Article 1393 which does not exceed an amount of 100,000 Units of Account for each passenger. 2. The carrier shall not be liable for loss as referred to in Article 1393 to the extent this exceeds an amount of 100,000 Units of Account for each passenger, if he proves that: (a) the loss was not attributable to the fault or negligence of the carrier or of the persons who assisted him in performing his obligation; or (b) the loss was exclusively attributable to the fault or negligence of a third person. 3. Article 1359, paragraph 3 applies mutatis mutandis.
The Law of Carriage and Means of Transportation 1. In the case of loss caused by delay as referred to in Article 1396 in the carriage of persons, liability of the carrier for each passenger is limited to 4,150 Units of Account. 2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Units of Account for each passenger unless the passenger has made, at the time when the checked baggage was delivered to the carrier, a special declaration of interest in delivery at destination and has paid the supplementary sum, if the case so requires. In that case, the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that this is greater than the passenger's actual interest in delivery. 3. Article 1359, paragraph 3 applies mutatis mutandis. The limits of liability mentioned in Article 1400 do not apply if it is proved that the loss resulted from the act or omission of the carrier himself or of any person who assisted him in performing his obligation, done with intent to cause damage or recklessly and with knowledge that such damage would probably result; in the event of such act or omission of a person, it must also be proved that the latter acted within the scope of the activities for which he was used. Article 1402 1. If an action is brought against the person of whose assistance the carrier availed himself in performing his obligation arising out of damage to which this Section relates, such person, if he proves to have acted within the scope of the work for which he was used, shall be entitled to invoke the conditions and limits of liability which the carrier himself is entitled to invoke under Articles 1399 and 1400. 2. The aggregate of the amounts recoverable from the carrier and the persons referred to in paragraph 1, in that event, shall not exceed the limits of liability mentioned in Articles 1399 and 1400. 3. The provisions of paragraphs 1 and 2 do not apply if it is proved that the loss resulted from an act or omission of the person referred to in paragraph 1, done with intent to cause damage or recklessly and with knowledge that such damage would probably result. In the case of bodily injury to the passenger and the death of the passenger, Articles 107 and 108 of Book 6 do not apply to claims which the carrier institutes as co-contracting party of another carrier against the latter.
Book 8 The co-contracting party of the carrier must compensate the latter for the loss which he suffers because, for whatever reason, the passenger is not present in time for carriage. The co-contracting party of the carrier must compensate the latter for the loss which he suffers because, for whatever reason, the documents pertaining to the passenger and required from the co-contracting party for the carriage, are not adequately available. Article I406 I. Without prejudice to Article 179 of Book 6, the passenger must pay compensation for the loss of the carrier caused by the passenger or his baggage and this by the mere fact that the event which caused the loss took place during the period defined in Article 1391 or, where checked baggage is concerned, in the period defined in Article 135 1. 2. The loss is considered to be an amount determined by the carrier in accordance with his reasonable judgment; if, however, the carrier is of the opinion that the loss exceeds 227 Euro, he must prove it. 1. Where, before or during the carriage, circumstances arise or occur on the part of the co-contracting party of the carrier or the passenger which the carrier did not need to know at the time of entry into the contract but which, had he known them would have given him reasonable grounds not to enter into the contract of carriage or to enter into it upon different terms, the carrier is entitled to cancel the contract and to remove the passenger from the aircraft. 2. Cancellation takes place by a verbal or a written notice to the cocontracting party of the carrier or to the passenger and the contract is terminated at the time of first receipt of the notice. 3. After cancellation of the contract, the parties must, in accordance with standards of reasonableness and fairness, compensate each other for the loss suffered as a result thereof. I. Where, before or during the carriage, circumstances arise or occur on the part of the carrier, which his co-contracting party did not need to know at the time of entering into the contract but which, had he known them, would have given him
The Law of Carriage and Means of Transportation 1153 reasonable grounds not to enter into the contract of carriage or to enter into it upon different terms, such co-contracting @rty is entitled to cancel the contract. 2. Cancellation shall take place by notice, and the contract is terminated at the time of receipt of the noice. 3. After cancellation of the contract, the parties must, in accordance with standards of reasonableness and fairness, compensate each other for the loss suffered as a result thereof. If after leaving the aircraft, the passenger does not return on time, the carrier may consider the contract as having been terminated at that time. I. The co-contracting party of the carrier is always entitled to cancel the contract. He must compensate the carrier for the loss which the latter suffers as a result of the cancellation. 2. He may not exercise this right if the journey of the aircraft would thereby be delayed. 3. Cancellation takes place by notice and the contract is terminated at the time of receipt thereof. Article 1411 I. In respect of carriage of passengers, an individual or collective document of carriage shall be delivered. 2. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved. 3. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage. 4. The passenger shall be given written notice to the effect that where this Title is applicable it governs and may limit the liability of carriers in respect of death or bodily injury and for destruction or loss of, or damage to baggage, and for delay. 5. Non-compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the provisions of this Title, including those relating to the limitation of liability.
1154 Book 8 6. Paragraph 1 shall not apply as between the parties to a chartering. 7. Articles 56, paragraph 2,75, paragraph 1, and 186, paragraph 1 of Book 2 shall not apply. 8. This article does not apply to carriage that takes place in extraordinary circumstances outside any normal conduct of the aircraft business. Article 1412 The passenger has the right to claim delivery by the carrier of the baggage to him immediately upon arrival. Without prejudice to Section 1 of Title 4 of Book 6, the co-contracting party of the carrier must compensate the carrier for the loss suffered because the latter did not attend to the interests of the passenger with regard to the latter's baggage when acting as intervener looking after another's affairs. Receipt by the person entitled to delivery of things without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in Article 141 1, paragraph 2. Articles 1415-1489 Reserved Article 1420 1. In the instances that carriage is governed by Article 1344 and this must be effected subsequently by different carriers, each carrier which accepts passengers, baggage or things is subject to the provisions of this Title; he is deemed to be one of the parties to the contract of carriage insofar as the contract deals with that part of the carriage performed under his supervision. 2. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him can take action only against the carrier who performed the carriage during which the accident or the delay arose, save in the case where, by express agreement, the first carrier had assumed liability for the whole journey.
The Law of Carriage and Means of Transportation 1155 3. As regards baggage and other things, the passenger or the consignor, as the case may be, shall have recourse against the first carrier; the passenger or consignee who is entitled to delivery or the passenger shall have recourse against the last carrier, and each may further take action against the carrier who performed the carriage in which the destruction, loss, damage or delay took place. Such carriers will be jointly and severally liable to the passenger or to the consignor or consignee. TITLE 17 Resewed TITLE 18 CONTFWCTS OF CARRIAGE OF GOODS BY FL4L Article 1550 1. A contract of carriage of goods within the meaning of this Title is a contract of carriage of goods whereby one party (the carrier) binds himself towards the other party (the consignor) to carry things exclusively by rail. The parties may stipulate that the present Title shall apply to carriage by road or inland waterway which takes place supplemental to carriage by rail. 2. This Title does not apply to contracts for the carriage of mail by or by order of the holder of the concession referred to in the Postwet (Postal Administration Act) or pursuant to an international postal convention. 3. This Title does not apply to contracts for the carriage of baggage. For the purposes of this Title the following means: (a) the 'carrier': the contractual carrier with whom the consignor has concluded a contract of carriage, or a successive carrier who is liable by virtue of the contract of carriage: (b) 'sub-carrier': a carrier who has not concluded a contract of carriage with the consignor but to whom the carrier referred to in subparagraph (a) entrusted the execution of the carriage by rail, in full or in part; (c) 'intermodal carriage unit': containers, mobile containers, semi-trailers or other similar intermodal loading units used for intermodal carriage;