Dutch Civil Code

Book 7 Particular agreements

Title 7.9 Safe custody agreement

Article 7:600 Definition of 'safe custody agreement'
A safe custody agreement is the agreement under which one of the parties (‘the safekeeper’) engages himself towards the opposite party (‘the depositor’) to keep and return a property which the depositor has entrusted or will entrust to him.

Article 7:601 Custody charges, expenses and damage
- 1. If the safekeeper has entered into the safe custody agreement in the course of his professional practice or business, then the depositor has to pay him a remuneration (custody charges) for his services.
- 2. If a remuneration is due, yet its amount has not been determined by parties, then the depositor has to pay the usual custody charges, to be calculated in the common way or, if such charges are not available, reasonable custody charges.
- 3. The depositor must compensate the safekeeper for the expenditures made with regard to the safekeeping of the property as far as these are not included already in the custody charges and he has to compensate the damage which the safekeeper has suffered as a result of the safekeeping of the property.

Article 7:602 Caring duty
In the performance of the safe custody agreement the safekeeper has to observe the care of a prudent keeper.

Article 7:603 Use of the property and sub-depositary
- 1. The safekeeper may only use the property himself as far as the depositor has given his consent to do so or such use is necessary to keep or restore the property in good condition.
- 2. Without the consent of the depositor the safekeeper may not hand over the property to a sub-depositary for safekeeping, unless this is necessary in the best interest of the depositor.
- 3. The safekeeper is liable for actions of a sub-depositary with regard to the property in the same way as for his own actions, unless the safe custody agreement is not for remuneration (gratuitous) and the safekeeper was forced to deposit the property for safekeeping at a sub-depository as a result of circumstances not attributable to him.

Article 7:604 Handing over of fruits (benefits)
The fruits (benefits) produced by the property during the period between its reception and return must be handed over by the safekeeper to the depositor.

Article 7:605 Return of the kept property
- 1. The depositor may claim the return of the property without delay and the safekeeper may claim that the property is taken back without delay.
- 2. Upon the request of one of the parties, the Subdistrict Court of the territory where the property is located may, for compelling reasons, set another moment for the return or taking back of the property than the moment meant in the previous paragraph or than stipulated in the safe custody agreement. This paragraph does not apply in the event of a judicial deposit.
- 3. The property must be returned at the place where it is kept according to the safe custody agreement, unless this agreement points out another place for its return.
- 4. The safekeeper must return the property in the condition in which he has received it.

Article 7:606 Two or more safekeepers
If two or more persons have jointly taken delivery of a property to keep it in safe custody for someone else, then they are both joint and several responsible (liable) for its return and for damages resulting from a failure in the compliance with an obligation imposed by the safe custody agreement, unless this failure is attributable to neither of them.

Article 7:607 Negotiable warehouse receipt
- 1. If a warrant or another document to order or to bearer has been issued in relation to a safe custody agreement, then its delivery prior to the delivery of the goods, is considered as the delivery of these goods.
- 2. Paragraph 1 does not apply to registered property.

Article 7:608 Effect of the safe custody agreement on liability towards third persons
- 1. If a sub-depository is held liable by the safekeeper on a non-contractual basis for damage related to the property, then he will not be liable towards the safekeeper to a further degree than he would have been as counterparty of the depositor under the safe custody agreement between the safekeeper and the depositor.
- 2. If a safekeeper is held liable by a third person, not being the depositor, on a non-contractual basis for damage related to the property, then he will not be liable, in his relation to the safekeeper and the depositor, to a further degree than he would have been as counterparty of the depositor under the safe custody agreement between the depositor and the safekeeper.
- 3. If a sub-depository is held liable by such a third person, then he will not be liable, in his relation to the safekeeper and the depositor, to a further degree than he would have been as safekeeper pursuant to the previous paragraph.
- 4. The previous paragraphs cannot be invoked by a safekeeper or sub-depository who, when he entered into the agreement under which he received the property, knew or ought to have known that his counterparty to that agreement was not authorised to give the property to him in safe custody under the legal relationship of that counterparty with the person by whom he is held liable.

Article 7:609 Liability of a hotelkeeper
- 1. The hotelkeeper is liable in the same way as a safekeeper for damage to or loss of property that is brought to the hotel by a guest who has settled in there.
- 2. The hotelkeeper is not liable for the behaviour of persons brought to or invited in the hotel by the guest himself, nor for damage caused by property that the guest has brought to the hotel.
- 3. he hotelkeeper has a right of retention over the property referred to in paragraph 1 for all his claims against the guest to the point of accommodation, food, drinks and services performed as hotelkeeper.