What Is Contract of Carriage by Rail
1. The burden of proof that the loss, damage or exceeding of the transit time is due to one of the causes referred to in Article 36(2) shall lie with the railways. 9. Through no fault of Deutsche Bahn, Deutsche Bahn may charge mooring or stand fees if circumstances prevent transport. (a) where two railways have been involved in the transport: actions under the uniform rules may be brought only before the competent court of the State having jurisdiction in respect of the railway complained of, unless otherwise provided for in agreements between States or in acts of concession. Where a railway operates independent railway systems in different States, each system shall be considered a separate railway for the purposes of this Article. If the loss, damage or exceeding of transit time or the non-performance or non-performance of the additional railway services provided for in the Uniform Law is due to intent or gross negligence on the part of the railway, the compensation to which the railway is entitled shall be paid in full to the proven loss or damage. However, in cases of gross negligence, liability shall be limited to twice the maximum amounts referred to in Articles 25, 26, 30, 32, 33, 40, 42, 43, 45 and 46. 10. Article 32 shall apply to the transport operations referred to in Article 33. 3. The railway shall be bound only to accept without delay the goods which may be transported; The rules in force at the freight forwarder`s station determine the circumstances in which goods that do not comply with this condition must be stored temporarily.
6. Unless otherwise stated above, the railway responsible for delivery acts in accordance with the provisions in force at the place of delivery. If the goods have been sold, the consignor disposes of the proceeds of the sale less any costs to be charged to the goods. If these revenues are less than these costs, the sender pays the difference. 2. If the consignee has not taken possession of the consignment note, the consignor shall be obliged to pay the railways the overcharged amounts. Where the consignee has accepted the consignment note or amended the contract of carriage in accordance with Article 31, the consignor shall be obliged to pay any under-invoicing only to the extent that it relates to the costs which he has undertaken to pay by means of an entry on the consignment note. The remaining amount of the under-invoicing must be paid by the beneficiary.
1. The validity of the payment by the railway exercising one of the claims for appeal referred to in Articles 60 and 61 may not be contested by the railway against which the right of appeal is claimed if compensation has been determined by a court and the latter railway has been duly notified and has had the opportunity to intervene in the proceedings. The court seised in the main proceedings determines the time limit to be observed for that communication and for intervention in the proceedings. (ii) between the tariff of the declared mass and that of the declared mass, if the declared mass is less than the actual mass. A contract of carriage is a contract between a carrier of goods or passengers and the consignor, consignee or passenger. Contracts of carriage generally define the rights, obligations and responsibilities of the contracting parties, deal with matters such as force majeure and contain clauses such as force majeure. On large airlines, they are usually justified by standard conditions printed on the back of a ticket or transport document. Notification of the arrival of a consignment is usually sent to the “notifying party” whose address is indicated on the shipping document.
This party is usually either the buyer or the importer. 1. The railway shall always have the right to verify that the consignment complies with the consignor`s information on the consignment note and that the rules on the carriage of goods accepted under certain conditions have been complied with. (c) in the case of actions for payment or reimbursement of transport costs, additional charges, other charges or surcharges, or correction of charges in the event of incorrect application of a tariff or error in calculation or collection: (2) consignments between stations of two neighbouring States and between stations of two States in transit through the territory of a third State; where the routes on which the consignments are carried are operated exclusively by a railway of one of these three States, shall be subject to the internal traffic rules applicable to that railway, if the consignor so wishes using the corresponding consignment note and unless otherwise specified in the laws and regulations of one of the States concerned. 1. The railway which has accepted goods for carriage on the consignment note shall be responsible for the carriage throughout the route until delivery. (4) The railway may set additional transit times of a certain duration in the following cases: (3) Other actions arising from the contract of carriage may be brought against the freight forwarding railway, the railway of destination or the railway on which the event giving rise to the proceeding occurred. Such actions may be brought against the railway of destination, even if it has not received either the goods or the consignment note. 3. In the field of express carriage of parcels, railways may, by means of tariff clauses, agree on specific provisions in accordance with the Rules on the International Carriage of Express Parcels by Rail (RIEx), Annex IV to the Uniform Rules. (a) the railway that caused the loss or damage is solely liable; (6) The transit period begins at midnight after the goods have been accepted for transport.
However, in the case of transport sent at high speed, the period begins twenty-four hours later if the day following the day of receipt of the transport is a Sunday or a public holiday and if the shipping station is not open to high-speed traffic on that Sunday or public holiday. 1. The courts of the country in which the railway against which the application for appeal has its registered office shall have exclusive jurisdiction over all applications for appeal. 2. Two or more States may, by agreement, or two or more railways, jointly determine, by means of tariff clauses, the conditions under which certain substances or articles which are not authorised for carriage under RID must be fulfilled in order for them to nevertheless be approved. States or railways may, in the same way, make the conditions for approval laid down in RID less stringent. Such agreements and tariff clauses must be published and notified to the Central Office, which shall bring them to the attention of the States. In all cases to which the uniform rules apply, any action for damages for any reason whatsoever may be brought against the railway only under the conditions and limitations laid down in the rules. The same applies to all actions brought against staff and other persons for whom the railway is responsible in accordance with Article 50. 2. Persons entitled to bring an action against the railways in accordance with Article 54 may lodge an application.
The railway is responsible for its agents and all other persons it uses to carry out the transportation. However, where such agents and other persons, at the request of a Party concerned, issue consignment notes, carry out translations or provide other services which the railway itself is not required to provide, this shall be deemed to act on behalf of the person to whom the services are provided. (c) in cases where the transit period has been exceeded, where the beneficiary has asserted his rights against one of the railways referred to in Article 55(3) within sixty days; 3. Where an application is submitted to a railway in accordance with Article 53 with the necessary supporting documents, the limitation period shall be suspended until the date on which the railway rejects the application by written notification and returns the documents. If part of the claim is admitted, the limitation period for the still disputed part of the claim begins to run again. .