COTIF CIM PDF
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 amount of such cash on delivery payment shall be expressed in the currency of the country of departure; the tariffs may provide for exceptions.
Intergovernmental Organisation for International Carriage by Rail
The tariffs and amendments thereto shall come into force on the date specified when they are published. The railway shall enter in the consignment note the results ascertained.
Security for costs shall not be required in proceedings founded on the provisions of the Convention. The proceedings shall be conducted in the working languages. The forwarding railway may require the coti to prepay the charges in the case of goods which in its opinion are liable to undergo rapid deterioration or which, by reason of their low value or their nature, do not provide sufficient cover for such charges. The railway shall be liable for its servants and for any other persons whom it employs to perform the carriage.
The transport of dangerous goods by rail is authorised cotfi to compliance with the conditions imposed in the annexes. Reductions in fares or charges or other concessions may be granted for the purpose of the railway or public services, or for charitable, ccotif or instructional purposes. The consignor shall be liable to the railway for any loss or damage resulting cotit the absence or insufficiency of or any irregularity in such documents, save in the case of fault by the railway.
The person entitled may refuse to accept the goods, even when he has received the consignment note and paid the charges, so long as an examination for which he has asked in cltif to establish alleged loss or damage has not been made.
If within a fortnight the undertaking does not pay the sum fixed by the Vim Office, the latter shall send a further formal notice and draw attention to the consequences of non-compliance.
When the instruments of ratification, acceptance, approval or accession have been deposited by fifteen States, the Depositary Government shall contact the Governments concerned with a view to reaching agreement on the entry into force of the Convention. The consignor shall be liable for all the consequences of defective loading carried out by him and shall, in particular, make good any loss or damage suffered by the railway through this cause.
In specified cases, the tariffs may exclude refunds of carriage charges or make such refunds subject to certain conditions. The tariffs must indicate all the special conditions applicable to the carriage, in particular the information necessary for calculating carriage and supplementary charges and, where appropriate, the conditions governing the conversion of currencies.
In respect of articles placed inside the vehicle, the railway shall be liable only for loss or damage caused by a fault on its part. Therefore, most of the suggestions released by CIT group of experts concern the replacement of the principle of functional equivalence between the electronic consignment note and the paper consignment note by specific provisions for the electronic consignment note.
This summary has been archived and will not be updated, because the summarised document is no longer in force or does not reflect the current situation. That amount shall be placed at the consignor’ as disposal within thirty days of payment by the consignee; interest at five per cent per annum shall be payable from the date of the expiry of that period. Acceptance of the luggage by the person entitled shall extinguish all rights of action against the railway arising from the contract of carriage in case of partial loss, damage or of delay in delivery.
The merits of the case shall not be subject to review. Registered luggage shall be delivered on surrender of the luggage registration voucher and, where appropriate, on payment of the amounts chargeable against the consignment. Please help improve this article if you can. However, in the case of compensation payable under Articles 27 and 28, interest shall accrue only from the day on which the events relevant to the assessment of the amount occurred, if that day is later than that of the claim or the day when legal proceedings were instituted.
The timetables or the tariffs shall indicate restrictions on the use of certain trains or of certain classes of carriage. When the railway accepts for carriage goods showing obvious signs of damage, it may require the condition of such goods to be indicated in the consignment note.
Nevertheless an attendant shall not be required when the international tariffs permit or when the railways participating in the carriage so permit at the consignor’s request; in such cases, unless there is an agreement to the contrary, the railway shall not be liable for any loss or damage resulting from any risk which the attendant was intended to avert. Each Member State may nominate to the panel of arbitrators two of its nationals who are specialists in international transport law.
Claims relating to the liability of the railway in case of death of, or personal injury to, passengers shall be made in writing to one of the following railways:.
EUR-Lex – l – EN – EUR-Lex
Such a passenger shall not be com to collect his registered votif at any station other than the destination station. Organisation intergouvernementale pour les Transports Internationaux Ferroviaires ; OTIFis an intergovernmental organisation that governs international rail transport. The charges arising from the execution of an order, except those arising from any fault by the railway, shall be paid in accordance with Article The competent authorities shall waive any immunity in all cases where retaining it might impede the course of justice and where it can be waived without prejudicing the achievement of the purpose for which it was accorded.
Goods imported or exported by the Organisation and strictly necessary for the exercise of its official activities, shall be exempt from all duties and charges levied on import or export.
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. 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 exceed units of account. Proposals and decisions shall be reproduced in full.
If the railway considers that such instructions cannot be executed, it shall ask for fresh instructions.
The staff members of the Organisation shall, while exercising their functions, enjoy the following privileges and immunities in the territory of each Member State:. The holder of the cohif may require delivery of the luggage at the office of the destination station as soon as sufficient time has elapsed, after the arrival of the train on which it was due to be carried, cotlf it to be put at his disposal and, where appropriate, for the completion of any formalities required by Customs or other administrative authorities.
States or railways may, in the same manner, make the conditions for acceptance laid down in the RID less rigorous. You do not currently have access to this article. For Its official communications and the transmission of all its documents, the Organisation shall enjoy treatment no less favourable than that accorded by each Member State to other comparable international organisations.
With the agreement of a majority of the Member States the Central Office shall invite international organisations concerned with transport matters or with problems which have been placed on the agenda to attend sessions of the General Assembly in an advisory capacity.
In addition the person entitled may, if he proves that loss or damage has been suffered as a result of the delay, claim compensation not exceeding the carriage charges for carriage of the vehicle.
Tell us what you think about the summaries! Neither the consignor, nor the consignee who has the right of disposal, nor the agent of either may take possession of the goods.
A line or service shall become subject to the Convention one month after the date of notification of its inclusion. The fees of the arbitrators shall be determined by the Director-General of the Central Office. Such suspension shall not apply to Member States which notify the Central Office that, without having deposited their instruments of ratification, acceptance or approval, they will apply the amendments decided upon by the General Assembly.
Related articles in Google Scholar. Judgements pronounced by the competent court under the provisions of the Convention after trial or by default shall, when they have become enforceable under the law applied by that court, become enforceable in each of the other Member States on completion of the formalities required in the State where enforcement is to take place.
If, through the death of the passenger, persons whom he had, or would have had in the future, a legal duty to maintain are deprived of their support, such persons shall also be indemnified for their loss. A detailed account of charges drawn up from the particulars in the charges note shall be delivered to the consignor in return for the receipt.
Article 57 shall apply where compensation is paid for delay in delivery. Disputes between Member States arising from the interpretation or application of the Convention, as well as disputes between Member States and the Organisation arising from the interpretation or application of the Protocol on privileges and immunities may, at the request of one of the parties, be referred to an Arbitration Tribunal.