"МЕЖДУНАРОДНАЯ КОНВЕНЦИЯ ДЛЯ УНИФИКАЦИИ НЕКОТОРЫХ ПРАВИЛ, ОТНОСЯЩИХСЯ К ПЕРЕВОЗКЕ БАГАЖА ПАССАЖИРОВ МОРЕМ" [англ.](Заключена в г. Брюсселе 27.05.1967)
INTERNATIONAL CONVENTION
FOR THE UNIFICATION OF CERTAIN RULES
RELATING
TO CARRIAGE OF PASSENGER LUGGAGE BY SEA
(Brussels,
27.V.1967)
The Contracting Parties,
Having recognized the
desirability of determining by agreement certain rules relating to carriage of
passenger luggage by sea,
Have decided to conclude a convention for this
purpose, and thereto agreed as follows:
Article 1
In this Convention the
following expressions have the meaning hereby assigned to them:
a)
"carrier" includes the shipowner, charterer or operator who, having concluded a
contract of carriage for a passenger, undertake to carry his luggage;
b)
"passenger" means only a person carried in a ship under contract of
carriage;
c) "ship" means only a sea-going ship;
d) (1) "luggage"
means any article or vehicle carried by the carrier in connection with a
passenger"s contract of carriage, excluding:
1. articles or vehicles
carried under a charter-party or bill of lading;
2. articles or vehicles,
if the carriage is governed by the International Convention concerning the
carriage of passengers and luggage by rail;
3. live animals;
(2)
"cabin luggage" means luggage which the passenger has with him, or in his cabin,
or which is in his custody. Except for the application of Article 6 paragraph
(1), "cabin luggage" includes the luggage which the passenger has in or on his
vehicle;
e) "carriage" covers the following periods:
(1) with
regard to cabin luggage, the period while the luggage is on board the ship or in
the course of embarkation or disembarkation. in addition, "carriage" covers the
period while such luggage is in custody of the carrier or his agent either in a
marine station or on a away or in or on any other port installation, as well as
the period during the transport by water from land to ship or vice-versa, if the
cost is included in the fare, or if the vessel used for this auxiliary transport
has been put at the disposal of the passenger by the carrier;
(2) with
regard to all other luggage, the period from the time of delivery to the carrier
or his servant and agent on shore or on board until the time of re-delivery by
the carrier or his agent;
f) "loss of or damage to luggage" includes
pecuniary loss resulting from the luggage not having been, re-delivered to the
passenger within a reasonable time after the arrival of the ship on which the
luggage has been or should have been carried, but does not include delays
resulting from strikes or lock-outs;
g) "international carriage" means
any carriage in which according to the contract of carriage the place of
departure and the place of destination are situated either in a single State, if
there is an intermediate port of call in another State, or in two different
States;
h) "contracting State" means a State whose ratification or
accession to this Convention has become effective and whose denunciation thereof
has not become effective.
Article 2
This Convention shall apply to any
international carriage if:
a) the ship is registered in a contracting
State or
b) the contract of carriage has been made in a contracting
State, or
c) the place of departure according to the contract of carriage
is in a contracting State.
Article 3
1. Where a carrier is the owner of
the carrying ship, he shall exercise due diligence and shall ensure that his
servants and agents, acting within the scope of their employment, exercise due
diligence to make the ship seaworthy and properly manned, equipped and supplied
at the beginning of the carriage and at any time during the carriage and in all
other respects to secure the safe transportation of the luggage.
2. Where
a carrier is not the owner of the carrying ship, he shall ensure that the
shipowner or operator, as the case may be, and their servants and agents acting
within the scope of their employment, exercise due diligence in the respects set
out in paragraph (1) of this Article.
Article 4
1. The carrier shall be
liable for loss of or damage to luggage if the incident which causes the loss or
damage occurs in the course of carriage and is due to the fault or neglect of
the carrier or his servants or agents acting within the scope of their
employment.
2. Notwithstanding the provisions of Article 3 and of
paragraph (1) of this Article, the carrier shall not be liable for loss or
damage to any vehicle, arising or resulting from any act, neglect, or default of
the master, mariner, pilot or the servants of the carrier in the navigation or
in the management of the ship during the carriage.
3. Unless agreed
expressly and in writing, the carrier shall not be liable for loss of or damage
to monies, bonds and other valuables such as gold and silverware, watches,
jewellery, ornaments or works of art.
4. The burden of proving:
a)
the extent of the loss or damage,
b) that the incident which caused the
loss of damage occured in the course of carriage,
shall lie with the
passenger.
5. a) If luggage has been lost or damaged, the fault or
neglect of the carrier, his servants or agents, shall, subject to paragraph (5)
(b), be presumed unless the contrary is proved.
b) If cabin luggage is
lost or damaged, the burden of proving such fault or neglect shall lie with the
passenger except when the loss or damage arises from, or in connection with,
shipwreck, collision, stranding, explosion or fire.
Article 5
If the
carrier proves that the loss of or damage to the luggage was caused or
contributed to by the fault or neglect of the passenger, the Court may exonerate
the carrier wholly or partly from his liability in accordance with the
provisions of its own law.
Article 6
1. The liability for the loss of or
damage to cabin luggage shall in no case exceed 10000 F per passenger.
2.
The liability for loss of or damage to vehicles including all luggage carried in
or on the vehicle shall in no case exceed 30000 F per vehicle.
3. The
liability for the loss of or damage to all other articles than those mentioned
under (1) or (2) shall in no case exceed 16000 F per passenger.
4. Each
franc mentioned in this Article shall be deemed to refer to a unit consisting of
65,5 milligrams of gold of millesimal fineness 900. The date of conversion of
the sum awarded into national currencies shall be governed by the law of the
Court seized of the case.
5. The carrier and the passenger may agree,
expressly and in writing, to a higher limit of liability.
6. The carrier
and the passenger may agree, expressly and in writing, that the liability of the
carrier shall be subject to a deductible not exceeding 1500 F in the case of
damage to a vehicle and not exceeding 100 F per passenger in the case of loss or
damage to other luggage, such sum to be deducted from the loss or damage.
7. Interest on damages and legal costs awarded and taxed by a Court in an action
for damages shall not be included in the limits of liability prescribed in this
Article.
8. The limits of liability prescribed in this Article shall
apply to the aggregate of the claims put forward by or on behalf of any one
passenger, hit personal representative, heirs or dependents on any distinct
occasion.
Article 7
The carrier shall not be entitled to the benefit of
the limitation or liability provided for in Article 6, if it is proved that the
damage resulted from an act or omission of the carrier done with the intent to
cause damage or recklessly and with knowledge that the damage would probably
result.
Article 8
The provisions of this Convention shall not modify the
rights or duties of the carrier provided for in international conventions
relating to the limitation of liability of owners of sea-going ships or in any
national law relating to such limitation.
Article 9
Any claim for
damages, however founded, may only be made subject to the conditions and the
limits set out in this Convention.
Article 10
1. a) In case of apparent
damage to luggage the claimant shall give written notice to the carrier or his
agent
(i) in the case of cabin luggage, before or at the time of
disembarkation;
(ii) in the case of all other luggage, before or at the
time of its delivery.
b) In the case of loss or of damage which is not
apparent, such notice must be given within fifteen days from the date of
disembarkation or delivery or from the time when such delivery should have taken
place.
c) If the claimant fails to comply with the requirements of this
Article, he shall be presumed, in the absence of proof to the contrary, to have
received the luggage undamaged.
d) The notice in writing need not be
given if the state of the luggage has at the time of its receipt been the
subjects of joint survey or inspection.
2. Actions for damages arising
out of loss of or damage to luggage shall be time barred after a period of two
years from the date of disembarkation, or, if the ship has become a total loss,
from the date when the disembarkation should have taken place.
3. The law
of the Court seized of the case shall govern the grounds of suspension and
interruption of limitation periods in this Article; but in no case shall an
action under this Conventions by through after the exploration of a period of
three years from the date of disembarkation, or, if the ship has become a total
loss, from the date when the disembarkation should have taken place.
Article
11
1. If an action is brought against a servant or agent of the carrier
arising out of damage to which this Convention relates, such servant or agent,
if he proves that he acted within the scope of his employment, shall be entitled
to avail himself of the defences and limits of liability which the carrier
himself is entitled to invoke under this Convention.
2. In that case, the
aggregate of the amounts recoverable from the carrier, his servants and agents
shall not exceed the said limits.
3. Nevertheless, a servant or agent of
the carrier shall not be entitled to avail himself of the provisions of
paragraphs (1) and (2) of this Article if it is proved that the damage resulted
from an act or omission of the servant or agent, done with intent to cause
damage or recklessly and with knowledge that damage would probably
result.
Article 12
Except as provided for in Article 6 (6), any
contractual provision concluded before the occurrence which caused the loss or
damage purporting to relieve the carrier of his liability towards the passenger,
or to prescribe a lower limit than that fixed in this Convention, as well as any
such provision purporting to shift the burden of proof which rests on the
carrier, shall be null and void, but the nullity of that provision shall not
render void the contract which shall remain subject to the provisions of this
Convention.
Article 13
1. Prior to the occurrence of the incident which
causes the loss or damage, the parties to the contract of carriage may agree
that the claimant shall have the right to maintain an action for damages,
according to his preference, only before:
a) the Court of the permanent
residence or principal place of business of the defendant, or
b) the
Court of the place of departure or that of destination according to the contract
of carriage, or
c) the Court of the State of the domicile or permanent
place of residence of the claimant if the defendant has a place of business and
is subject to jurisdiction in that State.
2. Any contractual provision
which restricts the claimant"s choice of jurisdiction beyond that permitted
under paragraph (1) shall be null and void, but the nullity of such provision
shall not render void the contract which shall remain subject to the provisions
of this Convention.
3. After the occurrence of the incident which caused
the loss or damage, the parties may agree that the claim for damages shall be
submitted to any jurisdiction or to arbitration.
Article 14
This
Convention shall be applied to commercial carriage within the meaning of Article
1 undertaken by States or Public Authorities.
Article 15
This Convention
shall not affect the provisions of any international convention or national law
which governs liability for nuclear damage.
Article 16
Any Contracting
Party may at the time of signing, ratifying or acceding to this Convention make
the following reservations:
1. not to give effect to this Convention when
the passenger and the carrier are both subjects of the said Contracting
Party;
2. that in giving effect to this Convention, it may with respect
to contracts of carriage issued within its territorial boundaries, for a voyage
of which the port of embarkation is in such territorial boundaries, provide in
its national laws, for the form and size of any notice of the terms of this
Convention to be inserted in a contract of carriage.
Article 17
Any
dispute between two or more Contracting Parties concerning the interpretation or
application of this Convention which cannot be settled through negotiation,
shall, at the request of one of them, be submitted to arbitration. If within six
months from the date of the request for arbitration, the Parties are unable to
agree on the organization of the arbitration, any one of those Parties may refer
the dispute to the International Court of Justice by request in conformity with
the State of the Court.
Article 18
1. Each Contracting Party may at the
time of signature or ratification of this Convention or accession thereto,
declare that it does not consider itself bound by Article 17 of the Convention.
The other Contracting Parties shall not be bound by this Article with respect to
any Contracting Party having made such a reservation.
2. Any Contracting
Party having made a reservation in accordance with paragraph (1) may at any time
withdraw this reservation by notification to the Belgian Government.
Article
19
This Convention shall be open for signature by the States represented at
the twelfth session of the diplomatic Conference on Maritime Law.
Article
20
This Convention shall be ratified and the instruments of ratification
shall be deposited with the Belgian Government.
Article 21
1. This
Convention shall come into force three months after the date of the deposit of
the fifth instrument of ratification.
2. This Convention shall come into
force in respect of each signatory State which ratifies it after the deposit of
the fifth instrument of ratification, three months after the date of the deposit
of the instrument of ratification.
Article 22
1. States, Members
