CMR CONVENTION

Chapter I. Scope of application

Article 1.

1.This Convention shall apply to any contract for the carriage of goods by road by vehicle, irrespective of the place of residence and nationality of the parties, if the place of acceptance of the shipment and the places intended for its delivery, as indicated in the contract, are located in two different countries of which at least one is a contracting country.

2. For the purposes of applying this Convention, the term "vehicles" means cars, articulated vehicles, trailers and semi-trailers as defined in Article 4 of the Convention on Road Traffic of 19 September 1949.

3. This Convention shall also apply when the transport services covered by it are performed by States or government institutions or organizations.

4.This Convention shall not apply:

a) for carriage performed under the terms of any international postal convention;

b) delay for transportation

c) for the transportation of items of resettlement.

5. The Contracting Parties agree not to make any amendment to this Convention by special agreements concluded between two or more of them, except for agreements concluded to exclude their frontier traffic from its operation or to authorize use in restricted transport. to their territories only, the consignment note constituting the title to the goods.

Article 2.

1. Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterway or air, without transhipment, except where the provisions of article 14 are applicable, this Convention shall nevertheless apply to the entire carriage. However, as far as it is proved that the loss, damage or delay in delivery of the goods, which happened during transport by means of transport other than road, was not caused by an act or omission on the part of the road carrier, but that it results from a fact that could have happened only in during and as a result of carriage other than by road, the liability of the carrier by road is determined not by this Convention, but in the manner according to which the liability of the carrier other than by road would be determined if the contract of carriage was concluded between the sender and that carrier for the carriage of goods itself, in accordance with the applicable provisions of law relating to the carriage of goods by means of transport other than road. However, in the absence of such provisions, the liability of the carrier by road shall be determined by this Convention.

2. If the carrier by road is also a carrier other than road, his liability also specifies paragraph. 1, as if his function of road carrier and his function of carrier other than road were performed by two different people.

Chapter II. Persons for whom the carrier is responsible

Article 3.

In the application of this Convention, the carrier shall be liable as for its own acts and omissions, for the acts and omissions of its employees and of any other persons whose services it relies on for the performance of the carriage, when these employees or these persons are acting in the performance of their functions.

Chapter III. Conclusion and performance of the contract of carriage

Section 4.

The proof of the contract of carriage is the bill of lading. The absence, irregularity or loss of the consignment note does not affect the existence or validity of the contract of carriage, which nevertheless falls under the provisions of this Convention.

Section 5.

1. The consignment note shall be issued in three original copies, signed by the sender and the carrier, and these signatures may be printed or replaced by the sender's and carrier's stamps, if permitted by the legislation of the country in which the consignment note was issued. The first copy is handed over to the sender, the second one accompanies the shipment, and the third one is kept by the carrier.

2. If the goods to be transported are to be loaded onto different vehicles or if there are different kinds of goods or separate lots, the consignor or the carrier has the right to require that as many consignment notes be issued as there are vehicles to be used or as many types or lots of goods.

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Section 6.

1. The consignment note should contain the following information:

a) the place and date of issue;

b) name and address of the sender;

c) name and address of the carrier;

d) place and date of acceptance of the goods for transport and the intended place of delivery;

e) name and address of the recipient;

(f) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognized description;

g) the number of items, their marks and numbers;

h) gross weight or quantity otherwise expressed;

i) costs related to transport (freight, additional costs, customs duties and other costs arising from the conclusion of the contract until delivery);

(j) instructions needed to complete customs and other formalities;

k) a statement that the carriage, notwithstanding any clause to the contrary, is subject to the provisions of this Convention.

2. If necessary, the consignment note should also contain the following information:

(a) a transhipment prohibition;

b) costs that the sender assumes;

c) the amount of the cash on delivery payment upon the release of the goods;

d) the declared value of the goods and the amount representing a special interest in its delivery;

e) the sender's instructions to the carrier regarding insurance of the shipment;

f) the agreed date on which the transport is to be performed;

g) list of documents handed over to the carrier.

3. The parties may add to the consignment note any other information they deem necessary.

Art.7.

1. The sender is responsible for all costs and damages that could be incurred by the carrier as a result of inaccuracies or insufficiencies:

a) the data listed in Article 6, paragraph 1, b), d), e), f), g), h) and j);

b) data listed in article 6, paragraph 2;

(c) any other particulars or instructions which he gives for the purpose of issuing the consignment note or for carrying them with it.

2. If, at the sender's request, the carrier enters the particulars provided for in paragraph 1 of this article in the consignment note, in the absence of proof to the contrary, he shall be deemed to have acted on behalf of the sender.

3. If the consignment note does not contain the statement provided for in Article 6, paragraph 1, k), the carrier shall be liable for all costs and damages that could be incurred as a result of such negligence by the person entitled to the goods.

Art.8.

1. On accepting the goods, the carrier is obliged to check:

(a) the accuracy of the particulars in the consignment note as to the number of packages as well as their marks and numbers;

b) the visible condition of the goods and their packaging.

2. If the carrier is unable to sufficiently verify the accuracy of the data provided for in paragraph 1 a) of this article, he shall enter a reservation in the consignment note, which should be justified. He should also justify any reservations he makes regarding the visible condition of the goods and its packaging. These reservations do not bind the sender, if he did not accept them clearly in the consignment note.

3. The sender has the right to demand that the carrier check the gross weight or the quantity of goods otherwise expressed. He may also require that the contents of the packages be checked. The carrier may demand payment of the costs of the inspection. The result of the check is entered in the bill of lading.

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Art.9.

1. In the absence of evidence to the contrary, the bill of lading is the proof of the contract, terms of the contract and acceptance of the goods by the carrier.

2. In the absence of justified objections from the carrier, entered in the consignment note, there is a presumption that the goods and their packaging were visibly in good condition at the time of acceptance by the carrier and that the number of packages, as well as their features and numbers, were consistent with the statements in the consignment note.

Art.10.

The sender is liable to the carrier for damage caused to persons, equipment or other goods, as well as for costs caused by defective packaging of the goods, unless the defect was visible or known to the carrier at the time of its acceptance, and the carrier did not raise any objections in this regard.

Art.11.

1. In order to complete customs or other formalities to be completed prior to the release of the goods, the sender should attach to the consignment note or provide the carrier with the necessary documents and provide him with all the required information.

2. The carrier is not obliged to check whether these documents and information are accurate and sufficient. The sender is liable to the carrier for any damage that could result from the lack, insufficiency or incorrectness of these documents and information, unless there is a fault on the part of the carrier.

3. The carrier is liable as a commission agent for the loss or misuse of the documents listed in the consignment note and attached to him or handed over to the carrier; however, the compensation which is owed to him may not exceed that which would have been payable in the event of the goods being lost.

Art.12.

1. The sender has the right to dispose of the goods, and in particular to require the carrier to suspend transport, change the place for delivery of the goods or deliver it to a recipient other than the one indicated in the consignment note.

2. This right shall expire when the second copy of the consignment note has been delivered to the consignee or the latter has exercised the right provided for in article 13, paragraph 1; from then on, the carrier should comply with the recipient's orders.

3. The right to dispose of the goods, however, belongs to the recipient from the moment of issuing the bill of lading, if the sender made a mention of it in the bill of lading.

4. If the recipient, exercising his right to dispose, orders delivery of the item to another person, the latter may not designate other recipients.

5. The exercise of the right to dispose of goods is subject to the following conditions:

a) the sender or, in the case provided for in paragraph 3 of this article, the consignee who wishes to exercise this right, shall produce the first copy of the consignment note, on which the new instructions to the carrier must be entered, and indemnify the carrier for all costs and damages involved in the performance these instructions;

(b) it should be possible to exercise that right as soon as the instructions reach the person who should carry them out and should not interfere with the normal operation of the carrier's undertaking or be harmful to senders or recipients of other parcels;

(c) the instructions must never split the consignment.

6. If, as a result of the provisions of paragraph 5 (b) of this article, the carrier is unable to carry out the instructions he receives, he shall immediately notify the person who gave these instructions.

7. The carrier who fails to follow the instructions given in the conditions provided for in this article or who complies with such instructions without requesting the first copy of the consignment note, shall be liable to the person entitled for the resulting damage.

Art.13.

1. After the goods arrive at the place designated for their delivery, the recipient has the right to require the carrier to deliver, against a receipt, a second copy of the consignment note and the goods. If the goods are found to be lost or if the goods have not arrived after the expiry of the period provided for in Article 19, the consignee may, on his own behalf, assert the rights arising from the contract of carriage against the carrier.

2. The consignee who exercises the rights conferred on him by paragraph 1 of this article shall be obliged to pay the amount due in accordance with the consignment note. In the event of a dispute on this subject, the carrier is obliged to deliver the goods only if the recipient provides him with security.

Art.14.

1. If, for any reason whatsoever, it is or becomes impossible to perform the contract of carriage under the conditions set out in the consignment note before the goods arrive at the place designated for delivery, the carrier shall ask for instructions from the person entitled to dispose of the goods in accordance with article 12.

2.However, if the circumstances allow carriage to be performed under conditions different to those provided for in the consignment note and if the carrier fails to obtain instructions within a sufficiently short time from the person entitled to dispose of the goods in accordance with article 12, he shall take whatever measures seem to him best. in the interest of the person authorized to dispose of the goods.

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Art.15.

1. If, after the arrival of the goods at the destination, there are obstacles to their delivery, the carrier should request instructions from the sender. If the consignee refuses to accept the goods, the sender has the right to dispose of them without the obligation to present the first copy of the consignment note.

2. The consignee, even if he has previously refused to accept the goods, may always request delivery until the carrier has received instructions to the contrary from the sender.

3.If the obstacle to the delivery of the goods arises after the recipient, acting in accordance with the law which he has under article 12, paragraph 3, has instructed the goods to be delivered to another person, the consignee shall replace the goods under the provisions of paragraphs 1 and 2 above. the sender and that other person instead of the recipient.

Art.16.

1. The carrier is entitled to reimbursement of costs incurred in requesting or carrying out instructions, insofar as these costs are not due to his fault.

2. In the cases mentioned in article 14, paragraph 1 and in article 15, the carrier may immediately unload the goods for the account of the person entitled; after this unloading, the transport is considered complete. The carrier then takes over the supervision of the goods. However, he may entrust the goods to a third party and then is only responsible for a reasonable choice of that person. The goods are charged with the charges resulting from the bill of lading and all other costs.

3. The carrier may sell the goods without awaiting instructions from the person entitled, if it is justified by their perishable nature or the condition of the goods, or if the costs of storing the goods are disproportionately high in relation to their value. In other cases, he may also proceed with the sale, if he does not receive, within a reasonable time, instructions against the person entitled, the execution of which might justifiably be required.

4. If the goods have been sold pursuant to this article, the amount obtained from the sale shall be made available to the person entitled, after deduction of the costs of the goods. If these costs are higher than the amount obtained from the sale, the carrier is entitled to the difference.

5. The procedure in the case of sale is determined by the law or customs in force in the place where the goods are located.

Chapter IV. Carrier's liability

Art.17.

1. The carrier is liable for the total or partial loss of the goods or for their damage that occurred between the receipt of the goods and their delivery, as well as for delay in delivery.

2. The carrier shall be relieved of this liability if the loss, damage or delay was caused by the fault of the person entitled, by his order not attributable to the carrier, the defect of the goods or by circumstances which the carrier could not avoid and the consequences of which could not be prevented.

3. The carrier may not invoke, for the exemption from liability, the defects of the vehicle which it is using for the performance of the transport, or the fault of the person or employees of the person to whom the vehicle has been rented.

4. Subject to the provisions of article 18, paragraphs 2 to 5, the carrier shall be relieved of his liability if the loss of or damage to the goods arises from a special risk arising from one or more of the following reasons:

a) the use of open and unseated vehicles, if this use has been expressly agreed and indicated on the consignment note;

b) missing or defective packaging, if the goods, due to their natural properties, in the absence or defective packaging, are prone to loss or damage;

c) manipulation, loading, arrangement or unloading of goods by the consignor or by the consignee or by persons acting on behalf of the consignor or consignee;

(d) the natural characteristics of certain goods which may result in their loss or damage, in particular by breakage, rust, intrinsic internal deterioration, drying out, leakage, normal wear and tear or the action of vermin and rodents;

(e) insufficient or defective marks or numbers on packages;

f) the transport of live animals.

5. If, under this article, the carrier is not liable for certain factors which caused the damage, his liability is only involved in so far as the factors for which he is responsible under this article contributed to the damage.

Art.18.

1. Proof that the loss, damage or delay was caused by one of the causes mentioned in article 17, paragraph 2, shall rest with the carrier.

2. If the carrier determines that, in view of the facts, the loss or damage could have resulted from one or more of the reasons mentioned in article 17, paragraph 4, there is a presumption that this is due to them. However, the person entitled may prove that the damage was not caused wholly or in part by one of these causes.

3. The above presumption shall not apply in the case provided for in Article 17 para. 4, (a), in the event of an abnormal shortage or loss of any item.

4.If the carriage is carried out by means of a vehicle specially equipped to protect the goods against the effects of heat, cold, changes in temperature or air humidity, the carrier may invoke the benefits of article 17, paragraph 4, (d) only if he proves that he has undertaken all measures applicable to him under the circumstances as to the selection, maintenance and use of these devices, and that he complied with the special instructions given to him.

5. The carrier may claim the benefit of article 17, paragraph 4 (f) only if he proves that he took all measures which were binding to him in the given circumstances and that he complied with any special instructions issued to him.

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Art.19.

A delay in the delivery date takes place when the goods have not been delivered on the agreed date or, unless the date has been agreed, if the actual duration of the transport, taking into account the circumstances, especially in the case of small shipments, the time necessary to complete the full load under normal conditions exceeds the time can rightly be credited with diligent carriers.

Art.20.

1. An authorized person may, without further evidence, consider the goods as lost, if they have not been delivered within thirty days after the expiry of the agreed date, and if the deadline has not been agreed, within sixty days after the goods were received by the carrier.

2. The entitled person, receiving compensation for the lost goods, may request in writing that, if the goods are found within one year after the payment of the compensation, they should be notified immediately. You must confirm this request in writing.

3. Within thirty days after receiving this notification, the entitled person may demand that the goods be delivered to him for payment of the charges resulting from the consignment note and for the reimbursement of the received compensation, after possible deduction of costs that would be covered by this compensation and subject to any rights to compensation for the delay in delivery as provided for in article 23 and possibly in article 26.

4.If the request referred to in paragraph 2 has not been made, or no instructions have been given within the period of thirty days provided for in paragraph 3, or if the goods are found more than one year after the payment of compensation, the carrier shall dispose of the goods in accordance with the provisions in force in the place where it is located. get the goods.

Art.21.

If the goods have been delivered to the recipient without cash on delivery, which the carrier should have collected in accordance with the provisions of the contract of carriage, the carrier is obliged to pay the sender compensation up to the amount of the credit, keeping the recourse to the recipient.

Art.22.

1. If the sender entrusts the carrier with dangerous goods, he should describe to him exactly what the danger is, and indicate to him, if necessary, what precautions should be taken. Where this information was not entered on the consignment note, it is for the sender or the consignee to prove by any other means that the carrier knew the danger posed by the carriage of the said goods.

2. Dangerous goods which the carrier would not know as such, under the conditions specified in paragraph 1 of this article, may at any time or place be unloaded, destroyed or rendered harmless by the carrier without compensation; The sender is also responsible for all costs and damages resulting from their entrustment for transport or from their transport.

Art.23.

1. If, under the provisions of this Convention, the carrier is required to pay compensation for the total or partial loss of the goods, such compensation shall be calculated according to the value of the goods at the place and at the time when they are accepted for carriage.

2. The value of the commodity shall be determined at the stock exchange price, or, failing that, at the current market price, and failing that, at the normal value of goods of the same type and quality.

3. However, the compensation may not exceed 8.33 units of account per kilogram of gross weight missing.

4. In addition, freight, duty and other expenses incurred in connection with the transport of goods are reimbursed in full in the event of total loss and proportionally in the event of partial loss; no other compensation is due.

5. In the event of delay in delivery, if the authorized person proves that the damage resulted from it, the carrier is obliged to pay compensation, which may not exceed the amount of the freight.

6. Higher compensation may be demanded only in the case of declaring the value of the goods or declaring a special interest in its delivery, in accordance with Articles 24 and 26.

7. The "unit of account" referred to in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amount referred to in paragraph 1. 3 of this Article shall be converted into the national currency of the State of the Court seized of the case on the basis of the value of the said currency on the date of the judgment or the date specified by the Parties. The value of the national currency, in the context of the special drawing right, of a member state of the International Monetary Fund will be calculated in accordance with the valuation method used by the International Monetary Fund and valid on the date specified for its operations and transactions. The value of the national currency of a country which is not a member of the International Monetary Fund with regard to the special drawing right will be calculated in the manner determined by that country.

8.However, a State which is not a member of the International Monetary Fund and whose law does not permit the application of paragraph 7 of this article may, at the time of ratification or accession to this Protocol or at any later date, declare that the limitation of liability provided for in paragraph 3 of this article for use in the territory of the said State shall be 25 monetary units. The monetary unit specified in this paragraph corresponds to 10/31 grams of fine 0.900 gold. The conversion of the said amount into the national currency should be made in accordance with the laws of the country concerned.

9. The calculation referred to in the last sentence of paragraph 7 of this article and the conversion referred to in paragraph 8 of this article shall be made in such a way that the national currency of the state concerned expresses the same real value as far as possible of the amount specified in this article. paragraph 3 of this article, as expressed in units of account. The State concerned shall inform the Secretary-General of the United Nations of the method of calculation pursuant to paragraph 7 of this article or, as the case may be, of the result of the conversion referred to in paragraph 8 of this article, when depositing the document referred to in article 3 of the Protocol to the CMR Convention, and also each time there are any subsequent changes in the aforementioned method of calculation or the result of the conversion.

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Art.24.

The sender may declare in the consignment note for the agreed additional charge, the value of the goods exceeding the limit referred to in paragraph 3 of article 23, in which case the declared amount replaces this limit.

Art.25.

1. In the event of damage to the shipment, the carrier shall pay the amount by which the value of the goods has decreased, calculated on the basis of the value of the goods determined in accordance with article 23, paragraphs 1, 2 and 4.

2. The compensation may not, however, exceed:

a) if the entire shipment has lost value through damage - the amount that would be payable in the event of loss of the entire shipment;

b) if only part of the consignment has lost value through damage, the amount that would have been payable in the event of the loss of the affected part.

Art.26.

1. The sender may determine by entering the amount of special interest in the delivery of the shipment in the event of its loss or damage, as well as in the event of exceeding the agreed delivery date, in the consignment note for an agreed additional fee.

2. If a declaration of special interest in delivery has been made, compensation may be demanded, irrespective of the compensation provided for in Articles 23, 24 and 25, equal to the proven additional damage, up to the amount declared.

Art.27.

1. The entitled person may claim interest on the amount of compensation. This interest, in the amount of 5% per annum, is calculated from the date of submitting a written complaint to the carrier, and if there was no such complaint, from the date of bringing a court action.

2. If the data used as the basis for calculating the compensation are not expressed in the currency of the country where the payment is requested, the conversion shall be made at the rate of the day and place of payment of compensation.

Art.28.

1.If, under the applicable law, the loss, damage or delay of delivery, arising in the course of carriage under this Convention, gives rise to a non-contractual claim, the carrier may avail itself of the provisions of this Convention which exclude its liability or which determine or limit the amount due. compensation.

2. As regards the non-contractual liability of one of the persons for whom the carrier is responsible under Article 3 for loss, damage or delay, that person may also avail himself of the provisions of this Convention, which exclude the carrier's liability or which determine or limit the compensation due.

Art.29.

1.The carrier has no right to benefit from the provisions of this Chapter, which exclude or limit his liability or which transfer to the other party the burden of proof, if the damage was caused by the carrier's malicious intent or negligence, which under the law in force in the place of the court proceedings is considered to be tantamount to evil intention.

2. The same provision shall apply if the carrier's employees or any other persons whose services he relies on for the performance of the carriage are guilty of malicious intent or negligence, if these employees or such other persons act in the performance of their functions. In such a case, these employees and these other persons shall not be entitled to exercise, in terms of their personal liability, the provisions of this chapter referred to in paragraph 1.

Chapter V. Complaints and claims

Art.30.

1.If the recipient has accepted the goods, without checking the condition of the goods with the carrier or not reporting to the carrier any reservations indicating the general nature of the lack or damage, at the latest at the time of delivery, in terms of visible deficiencies or damage, or within seven days from the date of delivery, not including Sundays and days holidays, when it comes to invisible defects or damage - it is presumed, if there is no evidence to the contrary, that the goods have been received in the condition described in the consignment note. The reservations envisaged above should be made in writing as regards invisible defects or damages.

2.If the condition of the goods has been checked jointly by the consignee and the carrier, proof against the result of this check may not be taken, unless it concerns invisible deficiencies or damages and if the consignee has submitted a written objection to the carrier within seven days from the date of such check, not including Sundays. and public holidays.

3. A delay in delivery may constitute the basis for compensation only if the objection was submitted in writing within 21 days from the date of placing the goods at the disposal of the recipient.

4. The day of delivery or - as the case may be - the day the goods are checked or the day they are made available shall not be included in the time limits provided for in this article.

5. The carrier and the recipient should grant each other all possible facilities in making the necessary checks and arrangements.

Art.31.

1.In all disputes arising out of carriage under this Convention, the plaintiff may bring an action in the courts of the contracting countries determined by the parties by mutual agreement and, in addition, in the courts of the country in whose territory:

a) the defendant has his domicile, headquarters or the branch or agency through which the contract of carriage was concluded, or

b) the place where the goods are accepted for transport or the place of their delivery is located,

and cannot bring the case to other courts.

2.When, in a dispute under paragraph 1 of this article, the case is pending before a court having jurisdiction under that paragraph, or when in such dispute a judgment has been pronounced by such court, no new case may be instituted between the same parties for the same reason, unless that the decision of the court first opened would be unenforceable in the country where the new case was opened.

3. When, in a dispute under paragraph 1 of this article, a judgment given by a court of a contracting country has become enforceable in that country, it shall also become enforceable in any of the other contracting countries as soon as the formalities required in the country concerned have been completed. These formalities may not include a review of the case.

4.The provisions of paragraph 3 of this article shall apply to judgments rendered in the presence of the parties, to default judgments and court settlements, but not to judgments only provisional enforceability, nor to judgments which, in addition to the costs of the trial, award the claimant damages as a result of dismiss his action in full or in part.

5. The nationals of the contracting countries who have their place of residence or establishment in one of these countries may not be required to secure the costs of legal proceedings arising from carriage under this Convention.

Art.32.

1. Claims which may arise out of carriage under this Convention shall be time-barred after one year. However, in the event of malicious intent or negligence, which the law of the court sees the case as tantamount to malicious intent, the limitation period is three years. The statute of limitations runs:

a) in cases of partial loss, damage or delay in delivery - from the date of issue;

b) in cases of total loss - starting from the thirtieth day after the expiry of the agreed delivery date, or, if the date has not been agreed - starting from the sixtieth day after receipt of the goods by the carrier;

c) in all other cases - starting from the expiry of the three-month period from the date of the contract of carriage.

The date indicated above as the starting date for the limitation period is not included in the limitation period.

2. A written complaint shall suspend the limitation period until the day on which the carrier rejects the complaint in writing and returns the documents attached to it. If the complaint is partially accepted, the limitation period will resume only for the part of the complaint that remains in dispute. Proof of receipt of the complaint or response to it and the return of its attachments shall be borne by the party that refers to this fact. Later complaints on the same subject do not suspend the limitation period.

3. Subject to the provisions of paragraph 2 above, the suspension of the limitation period shall be governed by the provisions of law applicable to the court hearing the case. The same applies to the interruption of the limitation period.

4. A claim that is time-barred may not be raised any more, not even in the form of a mutual claim or plea.

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Art.33.

The contract of carriage may contain a clause giving jurisdiction to the arbitral tribunal provided that the clause provides that the arbitral tribunal shall apply this Convention.

Chapter VI. Provisions relating to carriage performed by successive carriers

Art.34.

If the transport is performed under one contract by several successive road carriers, each of them assumes responsibility for the performance of the entire carriage, with the other carrier and each of the following carriers becoming, by accepting the goods and the consignment note, a party to the contract under the conditions specified in the letter. shipping.

Art.35.

1. The carrier who accepts the goods from the previous carrier shall provide him with a dated and signed acknowledgment of receipt. He should write his name and address on the second copy of the consignment note. If necessary, he shall enter on this copy as well as on the acknowledgment of receipt reservations similar to those provided for in article 8, paragraph 2.

2. The provisions of article 9 apply to relations between successive carriers.

Art.36.

Unless it is a counterclaim or an objection raised in an action based on the same contract of carriage, an action in respect of loss, damage or delay in delivery may only be brought against the first carrier, the last carrier or carrier that performed this part transportation where an event occurred that caused the loss, damage or delay in delivery; an action may be brought against several of these carriers at the same time.

Art.37.

The carrier, which under the provisions of this Convention, has paid compensation, shall be entitled to recourse for the sum of compensation, interest and costs to the carriers who participated in the performance of the contract of carriage, in accordance with the following provisions:

(a) the carrier who caused the damage should bear the burden of compensation paid by himself or by another carrier;

b) if the damage is caused by two or more carriers, each of them shall pay an amount proportional to his share of liability; if it is impossible to apportion liability, each of them is liable in proportion to the share of the carriage fee due to him;

c) if it cannot be determined which of the carriers are to be held liable, the burden of the compensation due shall be shared between all carriers in the proportion established under point (a). b).

Art.38.

If one of the carriers is insolvent, the part of the compensation due to him and not paid shall be divided among the other carriers in proportion to their remuneration.

Art.39.

1.The carrier against whom one of the recourse referred to in Articles 37 and 38 is made may not contest the basis of the payment made by the recourse carrier, if the compensation has been determined by a court order, as long as he was duly informed about the process and he had the opportunity to intervene there.

2. The carrier who wishes to make a recourse may bring the case before the competent court of the country where one of the carriers concerned has his permanent address, principal place of business, branch or agency through which the contract of carriage was concluded. A recourse may be directed in one and the same case against all interested carriers.