Implementation of the COTIF and European law that has an impact . COTIF UR CIM, Appendix B to. COTIF. General Terms and. The Intergovernmental Organisation for International Carriage by Rail is an intergovernmental COTIF was modified by a Protocol that was signed in Vilnius on 3 June These systems of law have been in existence for decades and are known as the CIV (for passengers) and CIM (for freight/goods) Uniform Rules. Webmaster: Baruno Wironugroho.
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The provisions of Articles 30, 31 and 38 to 41 of the Uniform Rules or those of national law, limiting compensation to a fixed amount, shall not apply if it is proved that the loss or damage resulted from an act or omission, on the part of the railway, done with intent to cause such icm or damage, or recklessly and with knowledge that such loss or damage will probably result.
The revision will concern both the basic convention and its appendices. Rights of action for damages by persons whom the passenger was maintaining without being legally bound to do so shall be governed by national law. In the absence of any particulars in the consignment note, the burden of proof of such absence of packing or defective condition of the packing shall rest upon the railway.
The Arbitration Tribunal’s award in relation to transport undertakings or users becomes enforceable in each of the Member States on completion of the formalities required in the State where enforcement is to take place. The headquarters of the Organisation shall be at Berne.
EUR-Lex – l – EN – EUR-Lex
The following shall not be accepted dotif carriage as registered luggage:. If however such servants and other persons, at the request ctif a passenger, render services which the railway itself is under no obligation to render, they shall be deemed to be acting on behalf of the passenger to whom the services are rendered. Taking of hand luggage and animals into carriages. The consignor may stipulate in the consignment note which tariffs are to be applied.
In that case the General Assembly is also empowered to take decisions on the amendment of such provision or provisions. The railway shall not be obliged to accept goods of cotiff the loading, trans-shipment or unloading requires the use of special facilities unless the stations concerned have such facilities at their disposal. The Committees may appoint working groups to deal with specific questions. The consignment note shall not be replaced by other documents or supplemented by documents other than those prescribed or allowed by the Uniform Rules, the supplementary provisions or the tariffs.
The minutes shall summarise the proceedings. Loss of the right to invoke the limits of liability.
In all cases not coitf for by this Article, and in the absence of agreements between railways, the provisions in force in the State of departure shall apply. If, for the completion of the formalities, the consignor designated a station where the provisions in force do not permit of their completion, or if he has stipulated for the purpose any other procedure which cannot be followed, the railway shall act in the manner which cij to it to be the most favourable to the interests of the person entitled and shall inform the consignor of the measures taken.
For the purposes of this chapter, the railway that is liable shall be that which, according to the list of lines or services provided for in Articles 3 and 10 of the Convention, operates the line on which the accident occurred.
Following the deposit of the instrument of accession, this shall take effect on the first day of the second month following the month during which the Central Office has notified the Member States of the list of lines and services of the new Member State.
The passenger shall, from the start of his journey, be in possession of a valid ticket; he shall retain it throughout the journey and, if required, produce it to railway staff responsible for inspecting tickets and give it up at the end of the journey.
The railway shall in addition refund carriage charges, Customs duties and other sums incurred in respect of carriage of the lost item of luggage. Approaching the Unidroit Principles with Antagonism: When the nature of the goods is such as to require packing, the consignor shall pack them in such a way as to protect them from total or partial loss and from damage in transit and to avoid risk of injury or damage to persons, equipment or other goods.
Help Print this page. The supplementary provisions may provide for other methods of calculating the surcharge, in particular a fixed surcharge for empty private owners’ wagons. The Central Office shall be notified of the supplementary provisions and of their coming into force.
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Intergovernmental Organisation for International Carriage by Rail – Wikipedia
In case of total or partial loss of the vehicle, the compensation payable to the person entitled for the loss or damage proved shall be calculated on the usual value of the vehicle and may not cogif units of account. If the person entitled directs that the excess load be forwarded to the same destination station as the main load or to another destination station, or directs that it be returned to the forwarding station, the excess load shall be treated as a separate consignment. For the application of provisions relating to the liability of the railway in case of death of, or personal injury to, passengers, national law shall be the law of the State on whose territory the accident to the passenger happened, including cofif rules relating dim conflict of laws.
The Secretary General provides the secretariat services. Luggage shall be delivered at the station to which it has been registered.
Each Member State also retains the right to regulate or prohibit, strictly for reasons other than safety, the internal transport of certain dangerous goods by rail. The railway shall, where it is at fault, be liable for any consequences arising from the loss, non-use or misuse of the documents referred to in the consignment note and accompanying it or deposited with the railway; nevertheless any compensation shall not exceed that payable in the event of loss of the goods.
Memberships & Affiliations
The railway shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of acceptance for carriage and the time of delivery as well as from delay in delivery. The court shall give its decision in one and the same judgement on all recourse claims brought before it. Each passenger is entitled only to the space above and below his seat for his hand luggage, or another corresponding space where the carriages are of a special type, in particular, those containing a luggage area.
In case of delay in delivery of registered luggage, the railway shall pay in respect of each whole period of twenty-four hours after delivery has been requested, but subject to a maximum of fourteen days:. The Central Office shall inform the Member States in good time of any vacancy which may occur in those posts; the Swiss Government shall propose candidates for the posts of Director General and Deputy Director General.