(As amended on July 5, 1978).
The Contracting Parties, recognizing the desirability of introducing uniformity in the terms of the contract for the international carriage of goods by road and in particular the conditions relating to the documents required for such transport and the carrier’s liability, Have agreed as follows:
Chapter I. SCOPE OF APPLICATION OF THE CONVENTION
1. This Convention applies to any contract for the carriage of goods by road for remuneration by means of means of transport, where the place of loading of the goods and the place of delivery of the goods specified in the contract are located in the territory of two different countries, of which at least one is a party to the Convention. The application of the Convention does not depend on the residence and nationality of the parties to the agreement.
2. In the application of this Convention, a “vehicle” means cars, semi-trailers, trailers and semi-trailers as defined in article 4 of the Convention on Road Traffic of 19 September 1949.
3. This Convention shall also apply if the transportations falling within its scope are made by States or governmental agencies or organizations.
4. This Convention does not apply:
• a) for transport operations carried out in accordance with international postal conventions;
• b) transport of dead persons;
• c) for transportation of furniture and furniture during the journeys.
5. Contracting Parties shall prohibit the amendment of this Convention through private agreements concluded between two or more Contracting Parties, with the exception of the cancellation of its application to their border traffic or the authorization to use consignment notes establishing the ownership of goods .
1. If the vehicle containing the goods is transported by sea, rail, inland waterway or by air transport without transhipment on part of the carriage, except for the case provided for in Article 14, this Convention applies to the entire carriage as a whole. However, if it is proved that the loss of the cargo, its damage or the delay in delivery occurred during transportation carried out by one of the modes of transport other than road, and were not caused by the action or omission of the road carrier, but were caused by a fact that could only occur during and due to transportation not carried out by road, the responsibility of the road carrier is not determined by this Convention, but by those provisions that would determine the liability of any non-road carrier when concluding enii between it and the sender of the contract for shipping in accordance with the mandatory provisions of the law relating to the carriage of goods by any mode of transport other than road. Nevertheless, in the absence of such provisions, the responsibility of the road carrier is determined by this Convention.
2. In the event that the carrier producing road transport simultaneously performs transportation and other modes of transport, its liability is also determined by paragraph 1, as if its functions as a road carrier and the function of a carrier doing transport by a non-road type of transport would be carried out by two different persons.
Chapter II. PERSONS FOR WHICH THE CARRIER IS RESPONSIBLE
In the application of this Convention, the carrier is responsible both for his own actions and omissions, and for the acts and omissions of his agents and all other persons to whose services he resorts to carry out transportation when these agents or persons act within the framework of their duties.
Chapter III. CONCLUSION AND IMPLEMENTATION OF THE CONTRACT OF CARRIAGE
The contract of carriage is established by waybill. The absence, incorrectness or loss of the waybill does not affect the existence or the validity of the contract of carriage, to which the provisions of this Convention apply in this case.
1. The consignment note shall be drawn up in three originals signed by the sender and the carrier, these signatures may be printed or replaced by stamps of the sender and the carrier, if this is permitted by the law of the country in which the consignment note was prepared. The first copy of the consignment note is sent to the sender, the second accompanies the cargo, and the third remains with the carrier.
2. In the event that the cargo to be shipped has to be loaded onto various vehicles or when it comes to different types of consignments or different consignments of goods, the sender or carrier has the right to demand that the number of consignment notes that corresponds to the number of used vehicles or the number of subjects to be drawn up transportation of different goods or consignments.
1. The consignment note shall contain the following information:
• a) the place and date of its compilation;
B) the name and address of the sender;
• c) the name and address of the transport agent;
D) the place and date of acceptance of the goods for carriage and the place of their delivery;
• e) the recipient’s name and address;
• f) the accepted designation of the nature of the goods and the type of their packaging and, in the case of the carriage of dangerous goods, their commonly recognized designation;
• (g) The number of packages, their special markings and numbers;
• h) the gross weight of goods or the quantity of cargo expressed in other units of measurement;
• i) costs associated with transportation (transportation costs, additional costs, customs duties and fees, as well as other costs from the time the contract is signed to delivery of the goods);
• j) instructions required for customs formalities, and others;
• k) an indication that the carriage is made regardless of any reservation, as required by this Convention.
2. If necessary, the consignment note must also contain the following instructions:
• a) prohibition of cargo overloading;
• b) expenses that the sender takes to his account;
• c) the amount of the payment imposed on the cargo, subject to reimbursement upon delivery of the goods;
D) statement of the value of the cargo and the amount of its additional value upon delivery;
• e) instructions of the sender to the carrier regarding cargo insurance;
• f) an additional period of transportation;
• g) a list of documents handed over to the carrier.
3. The Contracting Parties may enter into the consignment note any other indication that they deem necessary.
1. The sender is responsible for all shipping costs and losses incurred as a result of inaccuracy or insufficiency:
• a) the indications given in article 6, paragraph 1, subparagraphs (b), (d), (e), (f), (g), (h) and (j);
• b) the guidance given in article 6, paragraph 2;
• c) all other instructions or instructions given by the sender for the preparation of a consignment note or for inclusion in it.
2. If, at the request of the sender, the carrier makes the instructions in paragraph 1 of this article to the consignment note, as it has not been proven otherwise, that it was done on behalf of them and at the expense of the sender.
3. If the consignment note does not contain the indications provided for in article 6, paragraph 1 (k), the carrier is liable for all costs and all damages that may be caused to the person liable for the goods due to such omission.
1. Upon acceptance of the goods, the carrier must check:
• a) the accuracy of the entries made in the consignment note regarding the number of packages, as well as their markings and numbers;
• b) the external condition of the goods and their packaging.
2. If the carrier does not have sufficient opportunity to verify the correctness of the records referred to in paragraph 1 (a) of this article, he must enter valid reservations into the consignment note. He must also justify all the reservations he has made regarding the external condition of the goods and their packaging. These reservations are not binding on the sender unless the latter intentionally indicated in the consignment note that he accepts them. 3. The sender has the right to require the carrier to check the gross weight or quantity of cargo expressed in other units of measurement. He may also require a check of the contents of the packages. The carrier may claim reimbursement of costs associated with verification. The results of the checks are entered in the invoice.
1. A consignment note, unless proven otherwise, has the force of a contract regarding its conditions and the satisfaction of the taking of the goods by the carrier.
2. In the absence of reservations in the consignment note, there is a presumption that the goods and their packaging were outwardly in good order at the time of acceptance by the carrier and that the number of packages, as well as their marking and numbers, corresponded to the instructions of the consignment note.
The sender is liable to the carrier for damage and damage caused to persons, equipment and other cargoes, as well as for any expenses that may be caused by damaged cargo packing, unless the carrier has been damaged by the visible or known carrier at the time of taking the goods appropriate reservations.
1. The sender is obliged to attach to the consignment note or provide the carrier with the necessary documents prior to the delivery of the goods and provide all the required information for customs and other formalities.
2. Verification of the correctness and completeness of these documents does not lie with the carrier’s responsibility. The sender is liable to the carrier for any damage that may be caused by the absence, insufficiency or incorrectness of these documents and information, except for the cases of the fault of the carrier.
3. The carrier is liable on the same grounds as the commission agent for the consequences of loss or misuse of the documents mentioned in the consignment note attached to it or handed to him; The amount of compensation due from him should not, however, exceed that which would have been payable in case of loss of the goods.
1. The consignor has the right to dispose of the goods, in particular, to require the carrier to stop transporting, changing the place provided for the delivery of goods, or delivering the goods to the recipient that is indicated in the consignment note.
2. The sender loses this right from the moment when the second copy of the consignment note is transferred to the recipient or when the latter exercises its rights provided for in paragraph 1 of Article 13; from that moment the carrier must follow the instructions of the consignee.
3. However, the right to dispose of the goods belongs to the recipient from the time the invoice is drawn up, if such an instruction was made in the consignment note by the sender.
4. If, in exercising its right to dispose of the goods, the recipient instructs to deliver the goods to another person, the latter has no right to appoint other recipients.
5. The right to dispose of the goods is carried out under the following conditions:
• a) the sender or, in the case specified in clause 3 of this article, the consignee wishing to exercise this right must submit the first copy of the consignment note to which the new instructions given to the carrier must be made and also to reimburse the transportation costs and damages caused by the performance these instructions;
b) the implementation of these instructions should be possible at the time when they are received by the person who must perform them; it should not disrupt the normal operation of the carrier’s business and should not damage the consignors or consignees of other goods;
c) the above instructions should in no case lead to the breakdown of goods.
6. If the carrier is unable to comply with the instructions received by him for the reason stated in paragraph 5 (b) of the provisions, he must immediately notify the person to whom instructions have been given.
7. A carrier who fails to comply with the instructions given to him under the conditions specified in this article or who has complied with such instructions without requiring him to submit the first copy of the consignment note is liable to the person entitled under the contract for the damage suffered in this way.
1. Upon the arrival of the goods to the place provided for its delivery, the consignee shall have the right to demand the transfer of the second copy of the consignment note and the delivery of the consignment to him, and they shall be issued with a corresponding receipt in acceptance. If a loss of cargo is established or if the goods did not arrive after the expiration of the period provided for in Article 19, the recipient may claim satisfaction from the carrier in his own name, referring to the rights secured by the contract of carriage.
2. The recipient exercising the rights granted to him pursuant to clause 1 of this article shall be obliged to pay off the debts incurred on the basis of the bill of lading. In the event of a dispute on this matter, the carrier is obliged to deliver the goods only if the recipient deposits the pledge.
1. If, for any reason, the performance of the contract on the terms specified in the delivery note is or becomes impossible before the goods arrive at the designated place of delivery, the carrier must request instructions from the person entitled to dispose of the goods in accordance with article 12.
2. If circumstances allow the carriage to be effected in conditions other than those stipulated in the consignment note and if the carrier was unable to receive instructions promptly from the person entitled to dispose of the goods in accordance with article 12, the carrier must take measures that seem most suitable to him in the interests of the person, who has the right to dispose of the goods.
1. If, after the arrival of the goods at the place of destination, there are obstacles to its delivery, the carrier must request instructions from the sender. If the consignee refuses to accept the goods, the sender has the right to dispose of the goods without presenting the first copy of the consignment note.
2. The consignee, even if he refused to accept the goods, may at any time demand his surrender until the carrier has received from the sender the opposite instructions.
3. If the obstacle to the delivery of the goods arises after the consignee, pursuant to the provision of paragraph 3 of Article 12, given to him, gave the order to deliver the goods to some other person, in order to fulfill the above provisions of paragraphs 1 and 2, the recipient becomes the sender’s place, and this other person – to the recipient’s place.
1. The carrier is entitled to reimbursement of expenses caused by the request for instructions or the implementation of instructions received, since these expenses are not the result of his own fault.
2. In the conditions specified in paragraph 1 of Article 14 and in Article 15, the carrier may immediately unload the goods at the expense of the person entitled under the contract; after such discharge the carriage is considered complete. In this case, the carrier carries out the storage of the goods. He can, however, entrust the storage of cargo to a third party and in this case is only responsible for the careful choice of these third parties. The cargo remains, at the same time, encumbered with contractual obligations arising from the invoice, and all other expenses.
3. The carrier may sell the goods without waiting for instructions from the person entitled under the contract if the goods are perishable or if its condition requires it, or if the storage of the cargo entails costs too high compared to its value. In other cases, the carrier may also sell the goods if, in due time, they do not receive the opposite instructions from the person eligible under the contract, the performance of which can be fairly justified.
4. In the case of the sale of goods in accordance with the provisions of this article, the proceeds, minus the costs incurred on the freight and the costs to be paid, shall be transferred to the disposal of the person eligible under the contract. If the expenses exceed the revenue, the carrier has the right to receive the difference due to him.
5. The procedure applied at sale is determined by the laws or customs in force at the place of sale.