"МЕЖДУНАРОДНАЯ КОНВЕНЦИЯ ДЛЯ УНИФИКАЦИИ НЕКОТОРЫХ ПРАВИЛ, ОТНОСЯЩИХСЯ К ПЕРЕВОЗКЕ БАГАЖА ПАССАЖИРОВ МОРЕМ" [англ.](Заключена в г. Брюсселе 27.05.1967)
FOR THE UNIFICATION OF CERTAIN RULES
TO CARRIAGE OF PASSENGER LUGGAGE BY SEA
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:
In this Convention
the following expressions have the meaning hereby assigned to them:
"carrier" includes the shipowner, charterer or operator who, having concluded a
contract of carriage for a passenger, undertake to carry his luggage;
"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;
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
e) "carriage" covers the following periods:
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;
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
h) "contracting State" means a State whose ratification or
accession to this Convention has become effective and whose denunciation thereof
has not become effective.
This Convention shall apply to any
international carriage if:
a) the ship is registered in a contracting
b) the contract of carriage has been made in a contracting
c) the place of departure according to the contract of
carriage is in a contracting State.
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
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.
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
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.
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.
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.
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
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.
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.
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.
Any claim for damages, however founded, may only be made subject to the
conditions and the limits set out in this Convention.
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
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
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.
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.
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
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
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.
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.
This Convention shall be
applied to commercial carriage within the meaning of Article 1 undertaken by
States or Public Authorities.
This Convention shall not
affect the provisions of any international convention or national law which
governs liability for nuclear damage.
Any Contracting Party
may at the time of signing, ratifying or acceding to this Convention make the
1. not to give effect to this Convention when
the passenger and the carrier are both subjects of the said Contracting
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.
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.
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.
This Convention shall be open for signature by the States
represented at the twelfth session of the diplomatic Conference on Maritime
This Convention shall be ratified and the instruments
of ratification shall be deposited with the Belgian Government.
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.
States, Members of the United Nations or Members of the specialized agencies,
not represented at the twelfth session of the Diplomatic Conference on Maritime
Law, may accede to this Convention.
2. The instruments of accession
shall be deposited with the Belgian Government.
3. The Convention shall
come into force in respect of the acceding State three months after the date of
deposit of the instrument of accession of that State, but not before the date of
entry into force of the Convention as established by Article 21 paragraph
Each Contracting Party shall have the right to
denounce this Convention at any time after the coming into force thereof in
respect of such Contracting Party. Nevertheless, this denunciation shall only
take effect one year after the date on which notification thereof has been
received by the Belgian Government.
1. Any Contracting
Party may at the time of signature, ratification or accession to this Convention
or at any time thereafter declare by written notification to the Belgian
Government which among the territories under its sovereignty or for whose
international relations it is responsible, are those to which the present
The Convention shall three months after the date of
the receipt of such notification by the Belgian Government, extend to the
territories named therein.
2. Any Contracting Party which has made a
declaration under paragraph (1) of this Article may at any time thereafter
declare by notification given to the Belgian Government that the Convention
shall cease to extend to such territories. This denunciation shall take effect
one year after the date on which notification thereof has been received by the
The Belgian Government shall notify the
States represented at the twelfth session of the Diplomatic Conference on
Maritime Law, and the acceding States to this Convention of the following:
1. The signatures, ratifications and accessions received in accordance with
Articles 19, 20 and 22.
2. The date on which the present Convention will
came into force in accordance with Article 21.
3. The notifications with
regard to Articles 18 and 24.
4. The denunciations received in
accordance with Article 23.
Any Contracting Party may three
years after the coming into force of this Convention, in respect of such
Contracting Party, or at any time thereafter request that a Conference be
convened in order to consider amendments of this Convention.
Contracting Party proposing to avail itself of this right shall notify the
Belgian Government which, provided that one third of the Contracting Parties are
in agreement, shall convene the Conference within six months thereafter.
In witness whereof the undersigned plenipotentiaries, duly authorised, have
signed this Convention.
Done at Brussels, this 27th day of May 1967, in the
French and English languages, both texts being equally authentic, in a single
copy, which shall remain deposited in the archives of the Belgian Government,
which shall issue certified copies.
(Follow the signatures)