Convention on the Contract for Inter national transport of goods by road.
 
CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL 
CARRIAGE OF GOODS BY ROAD (CMR) PREAMBLE
 
The Contracting Parties, Having recognized the usefulness of the terms of the contract for the international carriage of goods by road, particularly with regard to the rules in a uniform manner for transport to use documents and the liability of the carrier, his agreed as follows:

CHAPTER I Scope of Application

1. This Convention shall apply to every contract for the carriage of goods by road in vehicles when the place of taking over the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is in the contracting country, regardless of residence and nationality of the parties.

2. For the purposes of this Agreement, the terms ,, vehicles "means motor vehicles, articulated vehicles, trailers and semi-trailers, as defined in Article 4 of the Convention on Road Traffic of 19 September, 1949.

3. This Convention shall apply also where carriage coming within its scope is carried out by States or by governmental institutions or organizations.

4. This Convention shall not apply: a) to carriage performed in accordance with international postal agreements, b) on transfer of corpses, c) on removals.

5. The Contracting Parties agree that this Convention by special agreements between two or more of her will be changed, except to force it inapplicable to their frontier traffic or to transport operations entirely confined to their territory to allow the use of a representative of the goods consignment.

1. When the vehicle in which the goods are located on a part of the journey is transported by sea, rail, inland waterways or air, without the goods subject to the application of the provisions of Article 14 of that vehicle be unloaded, this Convention shall nevertheless apply to the transport. Wherever it is proved that any loss, damage or delay in delivery of the goods which occurs during transportation otherwise than by road, is not caused by an act or omission of the carrier by road and stems from a fact that has only may occur during and due to transport other than road, the liability of the carrier by road is not determined by this Treaty, but the way in which the liability of the non-road transport would be determined, a contract of carriage between the consignor and the non-road transport to transport the goods would only be closed in accordance with the legal provisions of mandatory law on the carriage of goods by that other way. In the absence of such rules, the liability of the road shall be determined by this Convention

2. If the haulier himself the part of the transport not accomplishes takes place on the road, his liability shall also be determined in accordance with the first paragraph, as were his qualities of road transport and non-road transport carried out by two different people.

CHAPTER II Persons for whom the carrier is liable

For the purposes of this Convention the carrier if it were for his own actions and negligence, liable for the acts and omissions of his subordinates and all other persons whom he uses for the performance of the carriage, when these servants or such persons acting in the exercise of their duties.

CHAPTER III Conclusion and Performance of the contract of carriage

The carriage shall be confirmed in a note. The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage which shall remain subject to the provisions of this Convention.

1. The consignment note shall be made out in three original copies signed by the sender and the carrier. These signatures may be printed or replaced by the stamps of the sender and the carrier if the law of the country where the consignment is made out so permits. The first copy shall be handed to the sender, the second shall accompany the goods and the third shall be retained by the carrier.

2. When the goods to be transported must be loaded in different vehicles, or are of different kinds or separate parties concerned, the shipper or the carrier has the right to demand that a separate consignment note shall be made as vehicles should be used or there are types of consignments.

1. The consignment note shall contain the following particulars:

a) the place and date of the preparation thereof;

b) the name and address of the consignor;

c) the name and address of the carrier;

d) the place and date of taking over the goods and the place designated for delivery;

e) the name and address of the consignee;

f) The common use of the nature of the goods and the method of packaging and, for dangerous goods, their generally recognized description;

g) the number of packages and their special marks and numbers;

h) the gross weight or otherwise indicated quantity of the goods;

i) charges relating to the carriage (carriage charges, supplementary charges, customs duties and other from the conclusion of the contract to the time of delivery); j) for the performance of customs and other formalities necessary instructions;

k) a statement that the carriage, notwithstanding any clause is subject to the provisions of this Convention.

2. If the case arises, the consignment note shall also contain the following particulars:

a) the prohibition of transhipment;

b) the charges which the sender undertakes to pay;

c) the amount of the cash on delivery of the goods charges;

d) the declared value of the goods and the amount representing special interest in delivery;

e) the sender's instructions to the carrier regarding insurance of the goods;

f) The agreed time limit within which the carriage is to be carried;

g) the list of the documents handed to the carrier. 3. The parties may enter in the consignment note any other particulars which they may deem useful.

1. The sender shall be liable for all costs and damages sustained by the carrier by reason of the inaccuracy or inadequacy of:

a) The particulars specified in article 6, paragraph under

b), d), e), f), g), h) and j), b) the particulars specified in Article 6, paragraph

c) any other particulars or instructions given by him for the preparation of the bill or to be included. 2. If the carrier at the request of the sender, the particulars referred to in the first paragraph of this article, include in the consignment note, he shall be prima facie evidence that the expense of the sender. 3. If the consignment note does not contain the statement specified in article 6, paragraph under k), the carrier is liable for all expenses, loss and damage suffered by the owner of the property by this omission.

1. On taking over the goods, the carrier is obliged to examine:

a) the accuracy of the statements in the consignment note as to the number of packages and their marks and numbers,

b) the apparent condition of the goods and their packaging.

2. Where the carrier has no reasonable means available to investigate the accuracy of the statements referred to in paragraph a) of this Article, he shall enter in the consignment with the grounds on which they are based. He also gives the grounds for any reservations which he makes with regard to the apparent condition of the goods and their packaging. These reservations bind the sender unless they are not expressly included in the consignment note accepted by him.

3. The sender has the right to demand that the carrier to check the gross weight or the quantity of goods expressed in other ways. He may also require an examination of the contents of packages. The carrier may charge the costs of the research costs. The result of the checks shall be entered in the consignment.

1. The consignment note is prima facie evidence against the terms and conditions of the agreement and the receipt of the goods by the carrier.

2. In the absence of mention is suspected in the consignment note contains no specific reservations by the carrier that the goods and their packaging appeared to be in good condition at the time of receipt by the carrier and that the number of packages and their marks and numbers in line were the statements in the consignment.

The consignor is liable to the carrier for damage to persons, equipment or other goods, and for any expenses due to defective packing of the goods, unless the defect was apparent or known to the carrier at the time of the reception and the carrier in this respect has not reserved.

1. To comply with customs and other formalities which have to be completed before delivery of the goods the sender shall attach the necessary documents to the consignment or disposal of the carrier and furnish him with any information requested.

2. The carrier is not required to examine the accuracy and completeness of these documents and information. The consignor is liable to the carrier for any damage that may result from the absence, inadequacy or irregularity of such documents and information, except in case of fault of the carrier.

3. The carrier is on the same footing as a commission responsible for the consequences of loss or incorrect use of the documents listed in the bill of lading and the guide or be in his hands. However, by the owed compensation which may be payable in case of loss of the goods, do not exceed.

1. The sender has the right to dispose of the goods, in particular by demand from the carrier to stop the transport, distribution changes for the delivery of goods or delivers goods to a consignee other than the consignment indicated.

2. This right shall cease when the second copy of the consignment has been handed over to the addressee or if it uses the right referred to in Article 13, first paragraph; From that moment, the carrier shall obey the orders of the consignee.

3. The disposal, however, is already as from the preparation of the consignment to the consignee, where a reference is made to this effect by the sender on the waybill.

4. If the recipient determines, in the exercise of his right of disposal of the goods must be delivered to another person, that person may not designate another recipient.

5. The exercise of the right of disposal shall be subject to the following conditions: a) the shipper or, in the case referred to in the third paragraph of this article, the consignee who wishes to exercise this right, it must first copy of the consignment which the new instructions to the carrier have been entered and indemnifies the carrier against costs and damages resulting from the implementation of these instructions; b) the implementation of these instructions is possible at the time when the instructions of the person who is to carry them out and does not cause neither harm nor hinder the normal working of the carrier to senders or consignees of other consignments; c) the instructions do not have to divide the consignment.

6. When, by reason of the provisions of paragraph b. of this article, the instructions which he receives, can not perform, he must immediately inform the person from whom these instructions are, its withdrawal.

7. The carrier, which under the terms of this article has given instructions not conducted or such instructions followed without presentation of the first copy of the consignment have demanded, facing the holder is liable for consequential damage.

1. After arrival of the goods at the place designated for delivery, the recipient has the right to demand from the carrier that the second copy of the consignment is handed over to him and the goods are delivered to him, one against a receipt. If the loss of the goods is established or if the goods at the end of the period referred to in Article 19 have not arrived, the consignee is entitled to use his own name against the carrier any rights arising from the contract of carriage.

2. The consignee who makes use of the rights granted to him under the first paragraph of this article, is obliged to pay the amounts due according to the bill of lading. In case of dispute on this matter the carrier shall not be obliged to deliver the goods unless security has been furnished by the consignee.

1. If, for any reason, the implementation of the agreement on the terms of the consignment is or becomes impossible before the goods reach the place designated for delivery arrived, the carrier shall ask for instructions from the person who the right under Article 12 to dispose of the goods.

2. However, if the circumstances of the performance of the transport permit for conditions other than those of the consignment and if the carrier does not have such instructions can obtain from the person who has the right to dispose pursuant to Article 12 of the goods, he takes the measures which it is best avoided in the interest of the person who has the right to dispose of the goods.

1. When the goods arrive at the place of destination circumstances prevent delivery, the carrier requests instructions to the sender. If the consignee refuses the goods the sender shall be entitled to dispose of them without being obliged to produce the first copy of the consignment.

2. The consignee, even if he has refused the goods, at any time delivery so long as the carrier has not received instructions to the contrary from the sender.

3. If circumstances preventing the delivery occurs after the consignee under his right under article 12, paragraph three, has been commissioned to deliver the goods to another person, shall for the purposes of the first and second paragraph of this article, the recipient instead of the sender and that other person in the place of the recipient.

1. The carrier is entitled to reimbursement of the cost of his request for instructions or carry out such instructions poses for him, provided that these costs are not caused by his fault.

2. In the cases referred to in Article 14, first paragraph, and in Article 15, the carrier may immediately unload the goods account of the holder; After this release the carriage shall be deemed to have ended. The carrier then takes custody of the goods themselves. He may, however, entrust the goods to a third party is liable only for a judicious choice of third party. The goods remain responsible under the consignment due and all other costs.

3. The carrier may without waiting for instructions from the person entitled even to proceed sale of the goods, when the perishable nature or the condition of the goods justifies this or when the storage expenses would be disproportionately high in relation to the value of the goods. In other cases he may also proceed to the sale, if he has not received within a reasonable time from the person entitled instructions, the implementation of which may reasonably be required.

4. If the goods are sold pursuant to this article, the proceeds of the sale must be made available to the beneficiary after deduction of costs, pushing the goods. If these charges exceed the proceeds of the sale, the carrier is entitled to the difference.

5. The sale is made in the manner specified by law or custom of the place where the property is located.

CHAPTER IV Liability of the Carrier

1. The carrier is liable for the total or partial loss and damage of the goods, which occur between the time of receipt of the goods and the time of delivery as well as for delay in delivery.

2. The carrier shall be relieved of liability if the loss, damage or delay was caused by the fault of the owner, by an order of these, which are not the result of negligence of the carrier, by an inherent defect of the goods or through circumstances which the carrier could not avoid and which he was unable to prevent.

3. The carrier can not escape liability by relying on deficiencies in the vehicle, which he uses to achieve the transport, or errors of the person from whom he rented the vehicle or its subordinates .

4. Subject to Article 18, paragraph to paragraph, the carrier shall be relieved of liability when the loss or damage arises from the special risks inherent in one or more of the following circumstances:

a) use of open and non unsheeted vehicles, when their use has been expressly agreed and specified in the consignment;

b) the absence or inadequacy of packing in the case of goods which by their nature are subject to deterioration or damage if they are not packaged or bad;

c) handling, loading, stowage or unloading of the goods by the shipper, the consignee or persons acting on behalf of the consignor or consignee;

d) the nature of certain goods which particularly causes related nature exposes them to total or partial loss or to damage, especially through breakage, rust, decay, desiccation, leakage, normal wastage, or the action of vermin and rodents;

e) insufficiency or inadequacy of marks or numbers on the packages;

f) transport of live animals. 5. Where under this article the carrier is not liable for some of the factors that caused the damage, he is only liable in proportion to the extent to which the factors for which he is liable under this article have contributed to the injury.

1. Proof that the loss, damage or delay was caused by one of Article 17, second paragraph, shall rest upon the carrier.

2. When the carrier establishes that, given the circumstances of the case, the loss or damage arises may have one or more of Article 17, fourth paragraph, the said special risks, is thought to inform the its cause. The right holder may prove that the damage was not caused wholly or partly by one of these risks.

3. This presumption shall not apply in the Article 17, fourth paragraph, under a referred case, if there has been an abnormal shortage, or a loss of any package.

4. If the carriage is performed by means of vehicles specially equipped to protect the goods from the effects of heat, cold, temperature or the humidity of the air, the carrier may not invoke the benefit of article 17, paragraph under d, unless he proves that all steps incumbent on him, considering the circumstances, was obliged taken with regard to the choice, maintenance and use of such equipment and that he complied with any special instructions that might have given him.

5. The carrier may not invoke the benefit of article 17, paragraph f, unless he proves that all steps incumbent on him normally, considering the circumstances, was required have been taken and that he complied with special instructions, issued to him given.

There is a delay in delivery, if the goods are not delivered within the stipulated period or, in the absence of such a term when the actual duration of the carriage having into account the circumstances and in particular at partial loads, the time required to obtain a complete load in the normal way, take longer than a good carrier reasonably be allowed.

1. The person entitled may, without any further proof, consider the goods as lost when they have not been delivered within thirty days after the expiry of the stipulated period or, in the absence of such a time limit, within sixty days after receipt of the goods by the carrier.

2. The person entitled may, on receipt of compensation for the lost goods request in writing that he notified immediately should the goods be recovered in the course of the year following the payment of compensation. This request is confirmed to him in writing.

3. Within thirty days after receipt of such notification to the owner, that the goods are delivered to him against payment of the amounts due under the consignment note and against restitution of the compensation he received, net of any expenses were included in this compensation, and retaining all rights to compensation for delay in delivery under Article 23 and, if applicable, pursuant to Article 26.

4. In the absence of the request referred given in the second paragraph or instructions within the thirty-day period referred to in the third paragraph, or even if the goods have previously been more than a year after the payment of the damages recovered , the carrier of the goods in accordance with the law of the place where they are located.

If the goods to the consignee have been delivered without collecting such charge that should have been collected by the carrier under the terms of the contract of carriage, the carrier shall be liable to the sender for compensation not exceeding the amount of such charge without prejudice to his on the addressee.

1. When the sender to the carrier of dangerous goods, he brief him on the exact nature of the danger they present, and indicate if necessary, precautions to be taken. If this information is not mentioned in the consignment note, to prove it to the sender or the addressee, by some other means, that the carrier knew the exact nature of the danger constituted by the transport of the aforesaid goods.

2. The dangerous goods which are not, given the provisions of the first paragraph of this article, as such, were known to the carrier may at any time and at any place be unloaded by the carrier, destroyed or rendered harmless and without any compensation; the sender shall be liable for all costs and damages arising out of their handing over for carriage or of their carriage.

1. When, under the provisions of this Convention will be a compensation for total or partial loss of the goods at the expense of the carrier, such compensation is calculated on the value of the goods at the place and time of the reception.

2. The value of the goods is established in accordance with the market price or, failing that, according to the prevailing market price or, in the absence of the foregoing, according to the usual value of goods of the same kind and quality.

3. Compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight.

4. In addition, the carriage charges, customs duties and the other relating to the carriage of goods costs incurred in case of total loss in full in case of partial loss ratio to be repaid; further damages shall be payable.

5. In case of delay if the claimant proves that damage has resulted therefrom the carrier shall pay for these damages to a fee, which can not exceed the freight rate.

6. Higher compensation may only be claimed in case of declaration of the value of the goods or a special interest in delivery, in accordance with Articles 24 and 26.

7. The unit of account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. In the third paragraph of this Article shall be converted into the national currency of the State of the court in which the action is pending, according to the value of that currency on the date of the judgment or the date agreed by the Parties . The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund shall be calculated in accordance with the valuation applied by the International Monetary Fund on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund shall be calculated in a manner determined by that State.

8. Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the seventh paragraph of this article, at the time of ratification of or accession to the Protocol to the CMR, or at any time thereafter, declare that the limit of liability referred to in the third paragraph of this article, which applies to its territory 25 monetary units. The monetary unit referred to in this paragraph corresponds to 10/31 gram of gold of a fineness of 0.900. The conversion of the amount specified in this paragraph into the national currency shall be made according to the law of the State concerned.

9. in the last sentence of the seventh paragraph of this article calculation and the conversion mentioned in the eighth paragraph of this Article shall be made in such a way that the national currency of the State as much as possible the same real value is reflected for the amount mentioned in the third paragraph of this article, as it expressed in units. When depositing in Article 3 of the Protocol document referred to in the CMR and whenever a change occurs in their method of calculation under the seventh paragraph of this article or the result of the conversion pursuant to the eighth paragraph of this article, share States the Secretary General of the United Nations the manner of calculation or the result of the conversion also.

The sender may, against payment of an agreed fee in the bill of lading indicating a value of the goods, the maximum stated in the third paragraph of Article 23 exceeds. In that case the amount indicated in the place of that limit.

1. In case of damage, the carrier will reimburse the amount of the loss, calculated in accordance with Article 23, first, second and fourth paragraphs set value of the goods.

2. The compensation, however, does not exceed the following amounts: a) if the whole consignment has been damaged in value, the amount that they would have amounted in case of total loss; b) if only part of the consignment has been damaged in value, the amount that they would be payable in case of loss of the part affected.

1. The sender may, against payment of an agreed fee, the amount of a special interest in delivery in the case of loss or damage and for which exceeded the agreed term, identify by entering such amount in the consignment.

2. If a special interest in delivery has been made, may, independently of the compensation provided for in Articles 23, 24 and 25, and up to the amount declared interest, a compensation be claimed equal to the proven additional damage .

1. The person entitled may claim damages on the amount of interest. Such interest, calculated at five per cent per annum, from the day on which the claim is made in writing to the carrier or, if this is not done, from the day it was brought straight in.

2. When the amounts on which to base the calculation of the compensation are not expressed in the currency of the country in which payment is claimed, the conversion shall be at the rate of the day and place of payment of compensation.

1. When the loss, damage or delay arising in the course of carriage under this Convention, in accordance with applicable law can lead to a claim that is not on the contract of carriage is justified, the carrier may avail himself of the provisions of this Convention which exclude his liability or which fix or limit the compensation due.

2. When not on the transport contractual liability for loss, damage or delay of one of the persons for whom the carrier is liable pursuant to Article 3, is at stake, this person may also avail himself of the provisions of this Convention, which the liability of the carrier to exclude or fix or limit the compensation due.

1. The carrier shall not be entitled to invoke the provisions of this chapter which exclude or limit his liability or which shift the burden of proof if the damage was caused by his willful misconduct or negligence on his part, which according to the law of the court where the claim is pending, is deliberately equated.

2. The same applies to willful misconduct or negligence of the servants of the carrier or any other persons whose services he makes use for the performance of the carriage, when these servants or other persons are acting within the scope of their activities. In that case such agents, servants or other persons shall not be entitled, in respect of their personal liability, of the provisions of this chapter, as described in the first paragraph.

CHAPTER V Claims and Actions

1. If the consignee has taken delivery of the goods without having established their state in the face of the carrier or without him, the case of visible loss or damage not later than the time of delivery or, if the invisible concerns losses or damages, within seven days of delivery, Sundays and public holidays excepted, reserved has notified the carrier, in which the general nature of the loss or damage has been specified, it is prima facie evidence that the goods have received in the condition described in the consignment note. The above reserves shall, in case of invisible loss or damage, be made in writing.

2. When the condition of the goods is determined by the consignee and the carrier has no evidence contradicting the result allowed this determination, unless of invisible loss or damage and the recipient written reservations have been notified to the carrier within seven days, Sundays and public holidays excepted, from that finding.

3. In case of delay in delivery damages only if, within a period of 21 days after the goods have been made available to the recipient, has been a written reservation to the attention of the carrier.

4. In determining the limits under this Article shall be the date of delivery or, as the case may be, the date of adoption or in addition to posting.

5. The carrier and the consignee shall give each other every reasonable facility for making the requisite investigations and checks.

1. In legal proceedings arising out of carriage under this Convention may be indicated by the applicant except in the courts of the countries being party to this Convention, by agreement between the parties shall be brought before the courts of the country in whose territory a) the defendant is ordinarily resident, its headquarters or the branch or agency through which the contract of carriage was made, or b) the place of taking over the goods or the place designated for delivery of the goods is located; they may be sold for no other meals.

2. When a claim referred to in the first paragraph of this article an action is pending before a tribunal competent under that paragraph, or when a decision is made in such a case by such a court can not submit a new application on the same subject set between the same parties unless the judgment of the court in which the first action was brought is not enforceable in the country in which the new action is brought.

3. Where a claim referred to in the first paragraph of this article, a judgment entered by a court of a contracting country when, in the country has become enforceable, it shall also become enforceable in any other party to the Convention States, as soon the country concerned have been fulfilled formalities. These formalities shall not permit proceedings.

4. The provisions of the third paragraph of this article shall apply to judgments after trial, judgments by default and settlements confirmed in front of the court, but they do not apply to judgments which are enforceable, nor on convictions for compensation of damages, which are in addition to costs against a plaintiff who wholly or partly fails in his action.

5. from nationals of the contracting countries who have their residence or a company in any of these countries, no security for the payment of costs can be claimed in legal proceedings arising out of carriage under under this Convention.

1. The legal action arising out of carriage under this Convention expire after one year. In case of intent or negligence, which according to the law of the court in which the action is pending, is deliberately equated the limitation period of three years. Prescription shall run: a) in case of partial loss, damage or delay from the day on which the goods have been delivered; b) in the case of total loss, from the thirtieth day after the expiry of the stipulated period or, in the absence of such a term, from the sixtieth day following the receipt of the goods by the carrier; c) In all other cases, after a period of three months after the contract of carriage. The above as the beginning of the limitation specified day is not included in the limitation period.

2. A written claim shall suspend the period of limitation until the day that the carrier rejects the claim in writing and returns the documents attached thereto. In case of partial acceptance of the claim, the limitation period resumes its course only for the part of the claim still in dispute. Proof of receipt of the claim or of the reply and of the return of the documents rests on the party relying upon this fact. Further, on the same subject concerning claims not suspend the limitation period.

3. Subject to the provisions of paragraph, the suspension of the limitation period is governed by the law of the court before which the case is pending. The same applies to the interruption of limitation.

4. A barred claim may also not in the form of a counterclaim or a plea becoming evident.

The contract of carriage may contain a clause conferring jurisdiction on an arbitration tribunal if the clause that the tribunal this Convention shall apply. Explanation: On the initiative of the sVa / Foundation Vervoeradres cooperating business associations EVO, Royal Dutch Transport, Netherlands Binnenvaartbureau and Transport and Logistics Netherlands is a tribunal created under the name Foundation Arbitration for Logistics, based in The Hague, Phone: 070-3066767, fax 070-3512025, email: sal@tmsbv.nl, www.arbitrage-logistiek.nl. If, for settling disputes arising from the contract for the international carriage of goods by road, wishes to make use of this tribunal can insert the following arbitration clause in such an agreement: "All disputes arising in relation between Netherlands-based parties the present transport agreement will, in application of the CMR be settled in accordance with the Rules of the Arbitration Foundation for Logistics, based in The Hague. "

CHAPTER VI Provisions Relating to Carriage Performed by Successive Carriers

If carriage governed by a single contract is performed by successive road, the second and each of these carriers are taking delivery of the goods and the bill of lading party to the agreement on the terms of the consignment note and is held each of them for the performance of the transport.

1. A carrier who receives the goods from a previous carrier shall give the latter a dated and signed receipt. He shall enter his name and address on the second copy of the consignment. Where applicable, he shall enter on the second copy as well as on the receipt reservations of the kind provided for in Article 8, second paragraph.

2. The provisions of Article 9 shall apply to the relations between successive carriers.

Except in the case of a counterclaim or a plea, raised in a lawsuit relating to a claim, which is based on the same contract of carriage, the claim can to liability for loss, damage or delay only be brought against the first carrier, the last carrier or the carrier who was performing that portion of the carriage during which the event causing the loss has caused the damage or delay occurred; The action may also be brought against several of these carriers.

A carrier who has paid compensation under the provisions of this Convention, shall be entitled to recover such principal, interest and costs against the carriers who have taken part in the execution of the contract of carriage in accordance with the following provisions: a) Carrier, who causes the damage was caused, the compensation only wears, whether it was paid by himself or by another carrier; b) if the damage is caused by the action of two or more carriers, each of them to pay an amount proportionate to his share of liability; if the budget share of liability is not possible, each shall be liable in proportion to his share of the payment for the carriage. c) if it can not be ascertained to which carriers must be imputed liability, the amount of compensation will be divided between all the carriers in the ratio determined b.

If one of the carriers is insolvent, the portion owed by him that he has not paid, divided among the other carriers in proportion to their reward.

1. The carrier, on whose story is carried out under Articles 37 and 38, is not entitled to the validity of the payment by the carrier, which carries the story contest, when compensation has been determined by court decision, provided that he duly of The lawsuit has been informed and has had opportunity to join it or to intervene.

2. The carrier wishing to exercise can do so redress in the courts of the country in which one of the carriers concerned is ordinarily resident, has its headquarters or the branch or agency through which the transportation agreement. The story is in the same proceedings are directed against all the carriers involved.

3. The provisions of Article 31, third and fourth paragraph, shall apply to judgments given in respect of the story under Articles 37 and 38.

4. The provisions of Article 32 shall apply to claims between carriers. The limitation, however, to run either on the date of the final judicial decision fixing the provisions of this Convention to pay compensation or, in the absence of such a ruling, from the day the payment is made.

The carriers may conclude one of Articles 37 and 38 stipulate aberrant regulation.

CHAPTER VII Nullity of stipulations contrary to the Treaty

1. Subject to the provisions of Article 40 is void any stipulation which would directly or indirectly derogate from the provisions of this Convention. The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract as a result.

2. In particular, void any stipulation by which the carrier will allow the transfer of rights from the insurance of the goods or any other similar clause, as well as any stipulation which moves the burden of proof.

CHAPTER VIII Final Provisions

1. This Convention is open for signature or accession by countries members of the Economic Commission for Europe and countries admitted under paragraph 8 of the mandate of this Commission in an advisory capacity to the Commission.

2. The countries, in accordance with paragraph 11 of the mandate of this Commission in certain activities of the Economic Commission for Europe to participate may be party to this Convention by acceding thereto after its entry into force.

3. The Convention shall be open for signature until 31 August 1956. After this date it will be open for accession.

4. This Convention shall be ratified.

5. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

1. This Convention shall enter into force on the ninetieth day after five of the countries referred to in the first paragraph of Article 42, their instruments of ratification or accession have been deposited.

2. For any country ratifying or acceding to it after five countries have deposited their instruments of ratification or accession, this Treaty shall enter into force on the ninetieth day after the deposit of the instrument of ratification or accession of the said land .

1. Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.

2. Denunciation shall take effect twelve months after the date on which the Secretary-General has received the notification.

If, after the entry into force of this Convention, the number of Contracting Parties result of denunciations has been reduced to less than five, oversees the operation of this Treaty expire on the date on which the last denunciations takes effect.

1. Any country may, when depositing its instrument of ratification or accession or at any time thereafter, through to the Secretary-General of the United Nations notification addressed that this Convention shall apply to all or part of the territories for the international relations it is responsible. The Convention on the territory or territories named in the notification, shall apply from the ninetieth day after the receipt of such notification by the Secretary General or, if the Treaty has not yet entered into force on that date, with as of the date of execution.

2. Any country which has made a declaration under the preceding paragraph extending this Convention shall apply to any territory for whose international relations it is responsible, in accordance with Article 44 the Convention in respect of that area, denounce.

Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention, the Parties have not by negotiation or have been able to arrange other means, can be submitted for decision at the request of one of the Contracting Parties involved in the International Court.

1. Any Contracting Party may at the time of their signature or ratifying or acceding to it, declare that it is not bound by Article 47 of the Treaty eight. Other Contracting Parties shall not be bound by article 47 in respect of a Contracting Party which has made such a reservation.

2. Any Contracting Party having entered a reservation in accordance with paragraph made, may at any time withdraw such reservation by the Secretary-General of the United Nations.

3. No other reservation to this Convention shall be permitted.

1. After this Convention has been in force for three years, any Contracting Party may, by a notification addressed to the Secretary General of the United Nations to convene a conference to revise the Convention. The Secretary-General presents this request, notify all Contracting Parties and shall convene a review conference if, within a period of four months following the notification by the Secretary at least one-fourth of the Contracting Parties of their concurrence with the request to him have notified.

2. If a conference is convened in accordance with the preceding paragraph, the Secretary General shall notify all Contracting Parties thereof and invite them to submit within a period of three months such proposals as they wish the conference studied to see. The Secretary-General shares the provisional agenda for the conference together with the texts of such proposals at least three months before the opening date of the conference to all Contracting Parties.

3. The Secretary-General shall invite to any conference convened in accordance with this article all countries, which are referred to in the first paragraph of Article 42, as well as the countries party to the Convention have become the application of the second paragraph of Article 42 .

In addition to the notification under article 49, the Secretary General of the United Nations gives to the countries referred to in the first paragraph of Article 42, and the countries which are parties to the Convention have become the application of the second paragraph of Article 42 knowledge of: a) ratifications and accessions under article 42; b) the dates on which the Convention enters into force in accordance with Article 43; c) denunciations under Article 44; d) in accordance with article 45 of this Convention in; e) notifications received under Article 46; f) according to the first and second paragraph of Article 48 declarations and notifications received.

After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, to each of the first and second paragraph of Article 42 referred to countries certified true copies. IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this Convention. Done at Geneva, this nineteenth day of May nineteen fifty-six, in a single copy in the English and French languages, both texts being equally authentic.