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  • МЕЖДУНАРОДНАЯ КОНВЕНЦИЯ ДЛЯ УНИФИКАЦИИ НЕКОТОРЫХ ПРАВИЛ, ОТНОСЯЩИХСЯ К ПЕРЕВОЗКЕ БАГАЖА ПАССАЖИРОВ МОРЕМ (АНГЛ.) (ЗАКЛЮЧЕНА В Г. БРЮССЕЛЕ 27.05.67)
    По состоянию на ноябрь 2007 года
         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 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 (1).
    
                                   Article 23
    
           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.
    
                                   Article 24
    
           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 Convention applies.
           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 Belgian Government.
    
                                   Article 25
    
           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.
    
                                   Article 26
    
           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.
           Any 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)
        

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