Dutch Civil Code

Book 8 Transport law and means of transport

II  MARITIME LAW

Title 8.10 (Commercial) Operation

Section 8.10.1 General provisions

Article 8:880 Application of Articles 8:361 – 8:366
Articles 8:361 up to and including 8:366 apply accordingly to the commercial operation of an inland navigation vessel.

Articles 8:881 – 8:888 [reserved for future legislation]

Section 8.10.2 Contract for the carriage of goods by inland waterways

Articles 8:889 Free choice for the application of the Budapest Convention (CMNI)
Parties may agree that, in derogation from Sections 8.10.1 and 8.10.2 as well as in derogation from Section 8.20.1, the provisions of the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI) shall apply to the carriage.

Article 8:890 Definition of a ‘contract of carriage of goods’
- 1. A contract of carriage of goods in the sense of the present Title (Title 8.10) is a contract of carriage of goods, whether or not being a time or voyage charter, under which one party (the carrier) has engaged himself towards the other party (the consignor*) to transport goods on board of a vessel exclusively by inland waterway.
- 2. Transport of goods by sea and by inland waterway on board of one and the same vessel which navigates both types of waters, is regarded as carriage by inland waterway, provided that the navigation of that vessel over sea apparently is secondary to its navigation over inland waterways.
- 3. Transport of goods by sea and by inland waterway on board of one and the same vessel which is not mechanically propelled of its own and which navigates both types of waters, is regarded as carriage by inland waterway insofar as the navigation of the vessel that is mechanically propelled and that renders its power to move is regarded, with due observance of paragraph 2 of the present Article, as navigation by inland waterway. As far is this is not the case, such transport is regarded as carriage by sea.
- 4. For the purpose of implementing the universal postal service under the Postal Act 2009 or under an international postal agreement, the present Section (Section 8.10.2) shall not apply to contracts of carriage of mail. Except for Article 8:980, the present Section (Section 8.10.2) does not apply to contracts for transporting luggage.

*) In International Conventions and other legislation the consignor is also called ‘the shipper’ or ‘the sender’.

Article 8:891 Present Section does not affect Titles 8.7 and 8.20
The present Section (Section 8.10.2) is without prejudice to Titles 8.7 and 8.20.

Article 8:892 Definition of a ‘time charter’, ‘voyage charter’ and ‘space charter’
- 1. A time or voyage charter in the sense of the present Section (Section 8.10.2) is a contract of carriage of goods under which the carrier has engaged himself to transport goods on board of a vessel, which he, other than by way of bareboat chartering, places in its entirety or in part, and whether or not on a time base (time charter or voyage charter), at the disposal of the consignor (shipper).
- 2. A flat-bottomed boat contract is a time charter intended for the transport of goods within a harbour complex.
- 3. Space chartering is a voyage chartering against a freightage (transport fee) which is determined according to the contents (space) of the vessel.
- 4. In the present Section (Section 8.10.2) the term ‘lessor’ shall mean ‘carrier’ as mentioned in paragraph 1, and the term ‘charterer’ shall mean ‘consignor’ (‘shipper’) as mentioned in paragraph 1.

Article 8:893 (Non) application of legal provisions for lease, safe custody and loan for use
The legal provisions on lease contracts, safe custody contracts and loan for use contracts do not apply where a vessel has been placed at the disposal of someone else other than by way of a bareboat chartering.

Article 8:894 Transfer of ownership of a chartered vessel
- 1. In the event of the transfer of ownership of a chartered registered or not registered vessel to a third person, that third person succeeds to all rights and obligations of the lessor who nevertheless remains bound by the contract next and in addition to the new owner of the vessel.
- 2. Rights and obligations which have become due and demandable prior to the transfer of ownership do not shift over to the third person.

Article 8:895 Main obligations of the carrier
The carrier is obliged to deliver the goods received for carriage at the place of destination in the state (condition) in which he received them.

Article 8:896 Delay
Without prejudice to Article 8:895, the carrier is obliged to transport the goods received for carriage without delay.

Article 8:897 Instructions to the captain (master) in case of a time charter
- 1. In case of a time charter, the lessor is obliged to instruct the captain (master) to follow the orders of the charterer within the boundaries set by the contract. The lessor guarantees that the captain (master) shall comply with the orders given to him.
- 2. The charterer guarantees that the vessel can safely reach, occupy and leave the locations or places to which he orders it, on the basis of paragraph 1, to go for loading, unloading or otherwise. If these locations or places do not appear to meet these requirements, then the charterer shall be liable only insofar as the captain (master), by following the orders given to him, has acted unreasonably.
- 3. Without prejudice to Article 8:943, the charterer is bound as well by and may derive rights from a juridical act which the captain (master) performed pursuant to paragraph 1 of the present Article. For this purpose a juridical act includes the receipt of a declaration.

Article 8:898 Liability of the carrier
- 1. The carrier is not liable for damages resulting from damage, to the extent that this damage was caused by circumstances which could not have been avoided by a diligent (prudent) carrier or by circumstances of which the consequences could not have been prevented by such diligent carrier.
- 2. With regard to the quality and suitability of the vessel and of the material that he uses or that he puts at the disposal of someone else, the carrier has to observe the care of a diligent (prudent) carrier who on board of his own vessel transports goods and makes use of his own material. The carrier is not liable for the bad quality or unsuitability of material put it has disposal by the consignor or recipient to the extent that a diligent (prudent) carrier would have used such material.
- 3. By damage is understood as well the total or partial loss of goods, delay and any other fact causing damage.

Article 8:899 Legal presumptions in favour of the carrier
It is presumed that a diligent (prudent) carrier could not have avoided the following circumstances:
a. fire;
b. explosion;
c. heat;
d. coldness;
e. acts of rodents and vermin;
f. decay (rotting);
g. leakage;
h. melting;
i. inflammation
j. corrosion

Article 8:900 Goods easily susceptible for loss or damage / live animals
Where the transported goods have suffered a damage or loss for which they were easily susceptible in view of their nature, where living animals die or get injured or where goods stowed by the consignor into a container suffer damage or loss although the container itself remains undamaged, it is presumed that the carrier has not been able to avoid the circumstance which caused the damage or loss, nor to prevent the consequences (damage or loss) of that circumstance.

Article 8:901 Damage caused due to a navigational error
- 1. The carrier is not liable for damages resulting from damage as far as that damage is caused, whatever way, by an act, carelessness or negligence of one or more persons on board of the vessel, the tug-boat or the push-boat, committed in the navigation thereof, unless the navigational error would not have been made if the carrier, in choosing these persons, would have acted as could have been expected of a diligent (prudent) carrier. The previous sentence applies also as far as the damage has been caused also by a circumstance arisen after the navigational error, which circumstance could have been avoided by a diligent (prudent) carrier or of which such carrier could have prevented the consequences. Faults made in the composition of the tug-unit or push-unit are navigational errors within the meaning of this paragraph.
- 2. For damage caused by his own navigational error, the carrier is liable only when he made it, either with the intent to cause such damage, or recklessness and with the knowledge that such damage would probably result from it.
- 3. By damage is understood as well the total or partial loss of goods, delay and any other fact causing damage.

Article 8:902 Stipulations reducing the liability or burden of proof of the carrier
- 1. Null and void is any stipulation (clause) through which the liability or burden of proof incumbent upon the carrier by virtue of Article 8:895 is reduced in another way than provided for in the present Section (Section 8.10.2), unless it concerns:
a. damage arisen prior to or resulting from a circumstance which occurred prior to the loading or after the unloading of the vessel;
b. the carriage of goods which due to their nature or condition justify the conclusion of a special contract and of which the carriage must be performed under circumstances or conditions justifying such special contract.
What is provided in the present Article, however, shall only apply when no bill of lading to order or bearer has been issued for the carriage of these goods, but a document which, according to its wording, is nonnegotiable, and it does not concern normal commercial cargo shipped on the
occasion of a normal commercial act.
- 2. In derogation from paragraph 1, parties may freely stipulate in a separate special contract drawn up in writing for the purpose of the intended carriage, which contract may not refer to stipulations appearing in another document, that the carrier is not liable for damages resulting from damage as far as that damage is caused by the way in which the goods are handled as explicitly specified in the separate contract or by the bad quality or unsuitability of the vessel or material. Despite such a stipulation (clause), the carrier shall remain liable for damage that is caused by the specified way in which the goods are to be handled or by the bad quality or unsuitability of the vessel or material, insofar as a diligent (prudent) carrier could have prevented that damage.
- 3. Where a bill of lading or other document is issued for the carriage of goods, then it must explicitly refer to the separate special contract that contains a stipulation (clause) as meant in paragraph 2, on the penalty of nullity of that stipulation.
- 4. By damage is understood as well non-delivery and a total or partial loss of goods.

Article 8:903 Claim of the consignor (shipper) for damages
- 1. To the extent that the carrier is liable due to a non-compliance with (one of) the obligations imposed on him pursuant to Article 8:985 and 8:896, the consignor (shipper) shall have no other right than to claim payment of an amount which is to be calculated with due observance of the value that goods as those received for carriage would have had at the time and at the place where they are delivered or should have been delivered.
- 2. The value mentioned in paragraph 1 is calculated according to the quotation at a commodity exchange or, in the absence of such quotation, to the normal value of goods of the same nature and quality.
- 3. The carrier shall in no event be liable for loss of or damage to goods or with regard to goods, if the nature or value thereof has been deliberately misstated by the consignor and, where a bill of lading has been issued, if the nature or value of the goods have been stated incorrectly therein.
- 4. Null and void is any stipulation (clause) derogating from the present Article to the detriment of the carrier.

Article 8:904 Debts regarded as a decrease in value of the goods
- 1. If a payment for salvage, a contribution in general average or damages are indebted in respect of goods pursuant to Article 8:951, such debt shall be regarded as a decrease in value of these goods.
- 2. Null and void is any stipulation (clause) derogating from the present Article to the detriment of the carrier.

Article 8:905 Maximum liability of the carrier to be set by Order in Council
- 1. To the extent that the carrier is liable due to a non-compliance with (one of) the obligations imposed on him pursuant to Article 8:895 and 8:896, he shall not be liable for more than the amounts to be set by Order in Council.
- 2. Null and void is any stipulation (clause) derogating from the present Article to the detriment of the carrier.

Article 8:906 Intent or conscious recklessness of the carrier
- 1. The carrier cannot invoke any limitation of his liability as far as the damage has arisen from his own act or omission, committed either with the intent to cause such damage or recklessly with the knowledge that such damage probably would result from it.
- 2. Null and void is any stipulation (clause) derogating from the present Article.

Article 8:907 Obligation of the consignor (shipper) to present the goods in time
The consignor (shipper) is required to compensate the carrier for the damage that the latter suffers because the agreed goods are not placed, for whatever reason, at his disposal at the agreed place and time.

Article 8:908 Right of termination of the consignor (shipper) and carrier
- 1. As long as the goods (cargo) are not placed at the disposal of the carrier, the consignor (shipper) is entitled to terminate the contract.
- 2. Where after the end of the period within which the goods should have been placed at the disposal of the carrier, no goods at all have been placed, for whatever reason, at the disposal of the carrier, the carrier is entitled to terminate the contract without any formal notice being required.
- 3. Where after the end of the period meant in paragraph 2, only a part of the agreed goods have been placed, for whatever reason, at the disposal of the carrier, the carrier is entitled either to terminate the contract without any formal notice being required, or to accept the voyage. In case of a termination of the contract, the consignor (shipper) must, if asked for, unload the goods already stowed or, in case when the carrier accepts the voyage and a departure of the vessel is impossible without restowing the goods already stowed, restow the goods.
- 4. The termination shall be notified by a verbal or written announcement or any other message of which the receipt [at the address of the carrier respectively the consignor (shipper)] can be evidenced clearly, and the contract shall end at the moment of receipt of that message, yet not before the goods are unloaded.
- 5. The consignor (shipper) must compensate the carrier for the damage that the latter suffers as a result of the termination of the contract, the (partial) acceptance of the voyage or the unloading or restowing of the goods already stowed.
- 6. The present Article does not apply in case of a time charter.

Article 8:909 Partial loading in case of voyage chartering
- 1. In case of a voyage charter, the lessor is obliged, upon the charterer’s request, to accept the voyage for a part of the agreed goods after the lessor has obtained what he may claim from the charterer. The charterer must pay the freightage (transport fee) before the start of the carriage.
- 2. The lessor is authorized to accept other goods instead of the ones not present in time. In his relation with the charterer, the lessor is in such event not obliged to share or pay off the freightage (transport fee) which he receives for the carriage of these other goods, except insofar as he has collected or claimed freightage from the charterer for goods that have not been placed at his disposal.
- 3. Where a departure is impossible without restowing the goods already stowed, the charterer must, if the lessor asks so, restow the goods. He must also compensate the damage suffered by the lessor because of the restowing of goods already stowed.

Article 8:910 Information duty of the consignor (shipper)
- 1. The consignor (shipper) must provide the carrier in time with all indications about the goods and the handling thereof that he is able or ought to be able to provide and of which he knows or ought to know that these indications are of importance for the carrier, unless he may assume that the carrier already has this information.
- 2. The carrier is not obliged, but nevertheless entitled to check whether the indications given to him are correct and complete.
- 3. If at the end of the period within which the goods should have been placed at the disposal of the carrier, the obligation of the consignor (shipper) meant in paragraph 1 has not or just partially, for whatever reason, been complied with, then Article 8:908, paragraph 2, 3, 4 and 5 and Article 8:911, paragraph 5, shall apply accordingly, except in case of a time charter.

Article 8:911 Provision of required documents and information
- 1. The consignor (shipper) must compensate the carrier for the damage suffered by the latter because documents or information, which had to be provided by the consignor (shipper) because they are required for the transport or for the fulfilment of customs or other formalities which have to be performed prior to the moment that the goods are delivered, are, for whatever reason, not sufficiently present.
- 2. The carrier must exercise due diligence (reasonable care) so that the documents which have been handed to him, shall not get lost or attended incorrectly. Damages due by him in this respect shall not exceed those which, in case of the loss of goods, are due pursuant to Articles 8:903 up to and including 8:906.
- 3. The carrier is not obliged, but nevertheless entitled to check whether the information given to him is correct and complete.
- 4. If at the end of the period within which the documents and information meant in paragraph 1 should have been present, these documents and information are not, for whatever reason, sufficiently present, then Article 8:908, paragraph 2, 3, 4 and 5 shall apply accordingly, except in case of a time charter.
- 5. If, because the documents and information meant in the present Article are not sufficiently present, the carriage of goods of the involved party or of another consignor (shipper) is prolonged during the relevant voyage due to a delay of the start or the progress of that voyage, then the compensation (damages) shall not be less than the amounts of the demurrage charges for the number of hours with which the carriage has been prolonged.

Article 8:912 Right of termination in case of unforeseen circumstances
- 1. When, prior to or at the moment on which the goods (cargo) are presented to be handed over to the carrier, circumstances arise or emerge on the part of one of the parties of which the counterparty not ought to have been aware at the conclusion of the contract, but which, if he would have been aware of them, reasonably would have been a reason for him not to enter into the contract of carriage or to enter into it on different terms and conditions, then that counterparty has the right to terminate that contract.
- 2. The termination shall be notified by a verbal or written announcement or any other message of which the receipt [at the address of the counterparty] can be evidenced clearly, and the contract shall end at the moment of receipt of that message.
- 3. After termination of the contract, parties must, to standards of reasonableness and fairness, compensate the damage that the other suffers as a result of the termination.

Article 8:913 Liability consignor (shipper) for a defect in the material or cargo
- 1. The consignor (shipper) must compensate the carrier for the loss suffered by the latter as a result of damage caused by the material that the consignor (shipper) has placed at the disposal of the carrier, or caused by the goods that the carrier received for carriage or caused by the handling thereof, except as far as this damage is caused on account of a circumstance which a prudent (careful) consignor (shipper) of the goods received for carriage could not have avoided and the consequences of which such a consignor (shipper) could not have prevented to set in.
- 2. The present Article does not affect Article 8:914 nor the provisions concerning general average.

Article 8:914 Transport of dangerous cargo
- 1. Goods received for carriage which a diligent carrier, if he would have known that these goods could constitute a danger after their receipt, would not have wanted to receive for carriage, may at any time and any place be unloaded, destroyed or rendered harmless otherwise by the carrier. The same applies to goods received for carriage of which the carrier knew that they were dangerous, yet now only when these goods actually threaten to become dangerous.
- 2. Where the carrier is entitled on the basis of paragraph 1 to unload or destroy the goods or to render them harmless otherwise, the consignor (shipper) is compelled, if asked for by the carrier and provided that he reasonably is able to do so, to take these measures.
- 3. By taking the measures referred to in paragraph 1 and 2, the contract shall end with regard to the (no longer hazardous) goods meant in those paragraphs, yet if these goods are unloaded still, only after their unloading. If possible, the carrier shall notify the consignor (shipper), the person to whom the goods are to be delivered and the person to whom he has to send a message in regard of the arrival of the vessel under the provisions of a possibly issued waybill (consignment note) or bill of lading. The present paragraph does not apply in respect of (no longer hazardous) goods which the carrier, after the measures meant in paragraph 1 and 2 were taken, still transports to their place of destination.
- 4. After the ending of the contract, parties must, to standards of reasonableness and fairness, compensate the damage that the other suffers as a result of that ending.
- 5. If the (no longer hazardous) goods after the ending of the contract are delivered anyway [to the person entitled to take delivery, yet possibly at another place than their original destination], it is presumed that those goods at the time of the ending of the contract were in a condition in which they are actually delivered; if they are not delivered still [e.g. because they were destroyed at sea], it is presumed that they were lost at the time of the ending of the contract.
- 6. If the consignor (shipper), after the (no longer hazardous) goods are delivered anyway to him [yet at another place than their original destination], does not transport them to their place of destination, then the difference between the value at the place of destination and the value at the place of the actual delivery, both as referred to in Article 8:903, paragraph 2, shall be regarded as a decrease in value of these goods. Where the carrier, after he has actually delivered the (no longer hazardous) goods [to the shipper, yet at another place than their original destination], still transports these goods to their place of destination, then the costs made by him to this end shall be regarded as a decrease in value of these goods.
- 7. An actual delivery over as meant in the previous paragraphs is governed by what parties have agreed upon and by what is specified in the present Section (Section 8.10.2) on the delivery of goods, on the understanding that an actual delivery does not lead to any indebtedness of freightage (transport fee) on the basis of paragraph 1, second sentence, of the present Article or of Article 8:947, paragraph 3. Articles 8:955, 8:956 and 8:957 shall apply accordingly.
- 8. The present Article does not affect the provisions concerning general average.
- 9. Any stipulation (clause) derogating from paragraph 1 or 2 of the present Article is null and void.

Article 8:915 Consignment note (waybill)
- 1. Both, the consignor (shipper) and the carrier, may draw up a document (waybill or consignment note) in regard of the carriage and demand that this document or a possibly by the counterparty drafted document, is signed by their counterparty and handed over to them. Such document cannot be made to order or to bearer. The signature may be printed or replaced by a stamp or another feature of origin.
- 2. The consignment note (waybill) shall mention on the basis of the data provided by the consignor (shipper):
a. the goods received for carriage;
b. the place where the carrier has received the goods for carriage;
c. the place to which the carrier shall transport the goods pursuant to his obligation to do so;
d. the consignee;
e. the freightage (transport fee);
f. all other information that the consignor and carrier jointly deem fit.
The consignor (shipper) vouches that the data provided by him are correct on the moment on which the goods are received for carriage.
- 3. The signature of the consignor (shipper) does in itself not mean that the consignor acknowledges the correctness of the notes which the carrier has put on the document in regard of the goods.

Article 8:916 Issuance of a bill of lading
- 1. When the consignor (shipper) has requested so before the start of the loading of the goods, the carrier is obliged to draw up a bill of lading for the goods received for carriage and to date and sign it and to hand it over to the consignor (shipper) against the withdrawal of a written acknowledgement of receipt or harbour bill as far as such document had been issued by the carrier. The consignor (shipper) must provide the data necessary for the drafting of the bill of lading, and he vouches for the correctness of these data at the moment on which the goods are received for carriage. If the carrier requests so, the consignor (shipper) must co-sign the bill of lading or hand over a signed copy thereof to the carrier.
- 2. When the goods are received by the carrier before they are loaded for carriage, the carrier must, if asked for by the consignor (shipper), draw up a written acknowledgement of receipt or a provisional bill of lading and date and sign it and hand it over to the consignor (shipper). The consignor (shipper) must provide the data necessary to draw up such document, and he vouches for the correctness of these data at the moment on which the goods are received for carriage.
- 3. After the completion of the loading, the carrier must, if asked for by the consignor (shipper), either exchange such provisional bill of lading against a bill of lading as meant in paragraph 1, or make a note on the provisional bill of lading of the name of the vessel or vessels aboard of which the goods were loaded, and of the date or dates of loading, and subsequently sign these data.
- 4. The signature may be printed or replaced by a stamp or another feature of origin.

Article 8:917 Contract of carriage overrides a bill of lading
Where a contract of carriage has been entered into and, in addition, a bill of lading has been issued, the legal relationship between the carrier and the consignor (shipper) shall be governed by the stipulations of the contract and not by those of that bill of lading. Except for the requirement set out in Article 8:940, paragraph 1, with regard to the holdership of the bill of lading, that bill of lading then shall only serve as proof that the goods have been received (taken over) by the carrier.

Article 8:918 Particulars for a bill of lading
As far as the bill of lading is not a harbour bill, it shall mention the goods received for carriage, the place where the carrier received them for carriage, the place to which the carrier must transport them under de contract, the vessel aboard of which the goods are loaded and the consignee.

Article 8:919 Formalities regarding a bill of lading / bill of lading to order or bearer
- 1. The bill of lading is specified, at the discretion of the consignor (shipper), either by the name of a specific person or other particular indication, or as an order of the consignor (shipper) or another person, or as a bearer.
- 2. The mere words "to order" shall be deemed to constitute the order of the consignor (shipper).

Article 8:920 Number of original prints of the bill of lading
The negotiable original prints of the bill of lading, in which is stated how many of such original prints have been issued on the whole, apply all for one and one for all.

Article 8:921 Evidential value of a bill of lading
- 1. The bill of lading proves, except for counterevidence, that the carrier has received the goods and this, where it concerns their nature, as they are generally described in the bill of lading and, furthermore, like mentioned therein with respect to their number, weight and measurement. Evidence contradicting the bill of lading is not admissible when the bill of lading is transferred to a third party acting in good faith.
- 2. If the bill of lading includes the clause: "content, quality, quantity, measurement or weight unknown", or any other clause of such purport, then other similar statements about these particulars of the goods, laid down in the bill of lading, do not bind the carrier, unless it is proved that he knew or ought to have known the content, quality, quantity, measurement or weight of the goods.
- 3. A bill of lading that does not mention the externally visible state or condition of the goods constitutes the legal presumption that the carrier has received those goods, as far as this is externally visible, in a good state or condition, save for counterevidence which may be produced also against third persons.
- 4. The signature of the consignor (shipper) of the bill of lading or of a print thereof in itself does not mean that he acknowledges the correctness of the notes which the carrier has put on that document in regard of the goods.

Article 8:922 Reference in a bill of lading to contractual terms and conditions elsewhere
- 1. References in the bill of lading to stipulations (clauses) elsewhere shall be deemed to insert only those stipulations (clauses) into that bill of lading that are clearly recognizable for the person against whom they are invoked.
- 2. Such stipulations (clauses) may be invoked only by him who, upon a written request of the person against whom these stipulations (clauses) are or may be invoked, has sent those stipulations (clauses) without delay to him.
- 3. Any stipulation (clause) in derogation from paragraph 2 is null and void.

Article 8:923 Way to deliver a bill of laden
A bill of lading to order is delivered in the way as indicated in Section 3.4.2

Article 8:924 Delivery of a bill of lading before the goods are delivered
The delivery of the bill of lading prior to the moment on which the carrier has delivered the goods mentioned therein, is deemed to be the legal delivery (transfer) of those goods.

Article 8:925 Pointing out the place of loading and unloading by the carrier
The carrier must in time point out the location of loading and unloading; however, in case of a time charter, Article 8:897 shall apply, whereas in case of a voyage charter, Article 8:926 shall apply.

Article 8:926 Duty of the voyage charter to point out the place of loading and unloading
- 1. In case of a voyage chartering the charterer must in time point out the location of loading and unloading.
- 2. For that purpose he must point out a spot which can be reached safely by the vessel, and where the vessel can stay safely and be loaded and unloaded safely and from which it can leave safely.
- 3. When the pointed out spot is not available, the time for loading and unloading shall run as it would have run when that spot would have been available.
- 4. If the charterer does not comply with this obligation, then the lessor himself is entitled, without any formal reminder being necessary, to point out a location of loading or unloading.
- 5. If the charterer points out more than one location, then the time required for relocation is regarded as time used for loading or unloading. The costs of relocation are for his account.
- 6. The charterer vouches that the vessel can safely reach the location pointed out by him pursuant to paragraph 1 for loading and unloading, and also that the vessel can safely stay at that location, that it can be loaded and unloaded safely there and that it can safely depart from it. If this location appears not to meet these requirements, then the charterer shall only then be not liable insofar as the captain (master), by following the instructions given to him, has acted unreasonably.

Article 8:927 Right of the voyage charter to point out the port of loading and unloading
Where in case of a voyage chartering the charterer has the right to point out the port for loading and unloading, Article 8:926 shall apply accordingly.

Article 8:928 Costs and unoccupied time in case of a space charter
In case of a space charter all costs and unoccupied time (loss of time) caused in order to achieve that the vessel reaches the spot where it must be placed at the disposal, are borne by the charterer. The compensation for unoccupied time (loss of time) shall not be less than the demurrage charges for the hours involved.

Article 8:929 Obligations to load, stow and unload the goods
- 1. The carrier is obliged to place the vessel at the disposal for loading and unloading.
- 2. The consignor (shipper) is obliged to load and stow the goods on board the vessel, and the recipient is obliged to unload the goods from the vessel. When the carrier gives instruction to them for the safety of navigation or to prevent damage they must follow his instructions.

Article 8:929a Criteria from the Environmental Control Act and the Water Act
- 1. The carrier shall place the vessel at the disposal of the consignor (shipper) in accordance with at least the hand-over standard set out in the Water Act and by Order in Council. As soon as the loading of the vessel has started, the vessel is deemed to meet this requirement.
- 2. The consignor (shipper) and recipient – and in the event that they make use of a transhipment installation, the commercial operator thereof – are towards each other and towards the carrier obliged to take the measures imposed on each of them with regard to the loading and unloading of the vessel by virtue of the Environmental Control Act, the Water Act and by Order in Council. To the extent that it concerns their mutual obligations, the consignor (shipper) and recipient may agree something else than what is provided for in the previous sentence.
- 3. Null and void is any stipulation (clause) derogating from paragraph 1 or 2 in another manner than allowed under these paragraphs.

Article 8:930 Moment that the loading time starts to run
- 1. The loading time starts to run on the day following the one on which the carrier has notified the consignor (shipper) or to a person assigned by him for this purpose, that the vessel is available to be loaded.
- 2. Where the consignor (shipper) knows on the day of the conclusion of the contract that the vessel finds itself at the loading place, the carrier is regarded to have made the notification meant in paragraph 1 on that day.

Article 8:931 Loading time, demurrage time and demurrage charges
- 1. Insofar as the carrier is required to load the goods, he is obliged to do so within the agreed loading time.
- 2. Insofar as the consignor (shipper) is required to load or to stow the goods, he warrants that this will take places within the agreed loading time.
- 3. Where demurrage time has been stipulated (agreed), the consignor (shipper) is entitled, after the expiration of the loading time, to use that demurrage time for loading and stowing.
- 4. Where the contract of carriage provides rules for demurrage charges, yet not for demurrage time, that time is set at four consecutive days and nights or, when another number is reasonable or customary at the berth at the quay (mooring space), at that other number.
- 5. The loading time is shortened with the number of hours that the loading has started earlier or that the carrier upon the request of the consignor (shipper) has made his vessel earlier available for loading than the moment on which the loading time pursuant to Article 8:930, paragraph 1, starts to run. The loading time is lengthened (extended) with the number of hours that the vessel, after the start of the working hours on the day on which the loading time started to run, was not yet available for being loaded.
- 6. As far as the consignor (shipper) is required to load the vessel, the loading time, the stipulated (agreed) demurrage time and the demurrage days meant in paragraph 4 shall be lengthened (extended) with the hours during which it was not possible to load or to stow the goods on board of the vessel due to a fault of the carrier or due to circumstances relating to the vessel or material of which the carrier or consignor (shipper) makes use. These times shall end when the loading and stowing has ended.

Article 8:932 Demurrage charges and damages in case of a delay
- 1. The consignor (shipper) must pay the demurrage charges indebted for demurrage time, with the exception of the hours mentioned in Article 8:931, paragraph 6, first sentence. He also must compensate the damage suffered by the carrier, because, for whatever reason, the carriage of the goods of the involved party or of another consignor (shipper) is lengthened in time during the relevant voyage due to a delay in the start or the progress of that carriage that occurred because the consignor (shipper) had not completed the loading and stowing within the loading time and the stipulated (agreed) or statutory demurrage time. This compensation for damage shall not be less than the demurrage charges for the number of hours with which the carriage is lengthened in time.
- 2. The statutory provisions for penalty payments do not apply to stipulations (clauses) in respect of demurrage charges.
- 3. Debtors of demurrage charges and of a possibly under Article 8:931, paragraph 2, indebted compensation for damage are joint and several liable for the payment thereof.
- 4. Furthermore, the provisions shall apply, if necessary to be set by Order in Council, with regard to the number of loading and unloading days, the calculation of loading, unloading and demurrage time, the amount of demurrage charges, the way in which the weight of the goods carried or to be carried is determined, the duration of the working hours and the moments on which these working hours start or end to the extent that no other hours of commencement or ending have been set by a local public regulation, and the compensation for counting in the nights, Saturdays, Sundays and days that have been fully or partially equated with those days, if at night or on the mentioned days goods are loaded, unloaded or stowed, as well as the start of the loading and unloading time and in respect of the days and hours on which a notification can be made of the availability of the vessel for loading.

Article 8:933 Applicability of some Articles to unloading
Articles 8:930, 8:931 and 8:932 apply accordingly to unloading.

Article 8:934 End of the contract of carriage when the vessel is wrecked or damaged too seriously
- 1. Except in case of a time or voyage charter, when, after the loading of the goods has started, the vessel parishes or appears to be damaged in such a way that its repair, necessary for performing the contract, is not possible without a radical measure, the carrier shall be entitled to end the contract after the goods have been unloaded, provided that he does so as soon as possible,
- 2. It is presumed that the perishing of or the damage to the vessel results from a fact for which the carrier is liable; the carrier is liable for those facts for which he, if these facts would have caused damage to the goods transported by him, would be liable.
- 3. The carrier shall, where possible, notify the consignor (shipper), the person to whom the goods are to be delivered (consignee) and the person to whom he has to send a message that the vessel is ready to be unloaded under the provisions of a possibly issued bill of lading.
- 4. Article 8:914 paragraph 5, 6 and 7 shall be applicable.

Article 8:935 Termination of the chartering contract when the vessel is damaged too seriously
- 1. In case of a time or voyage charter, the charterer is entitled to terminate the contract in whole or with respect to some of the goods, when the vessel, without being perished (wrecked), appears to be damaged in such a way that its repair, necessary for performing the contract, is not worth the value of the vessel or cannot take place within a reasonable period, provided that the termination is done as soon as possible.
- 2. When the carrier, in case of a voyage charter, transports the goods already received on board, yet in another than the chartered vessel, to their destination despite of the ending of the contract, then this carriage is presumed to take place on the basis of the original contract.
- 3. A termination shall end the contract immediately, but with respect to goods already received on board only after the unloading of these goods.
- 4. In respect of goods already received for carriage it is presumed that the damage to the vessel results from a fact for which the lessor is liable; the lessor is liable for those facts for which he, if these facts would have caused damage to the goods transported by him, would be liable.
- 5. The lessor shall notify, as soon as this is possible, the charterer, the person to whom the goods are to be delivered (consignee) and the person to whom he has to send a massage that the vessel is available for loading.
- 6. Article 8:914 paragraph 5, 6 and 7 shall be applicable, on the understanding that, in case of a time charter, freightage (transport fee) remains indebted up until the moment of unloading of the goods.

Article 8:936 End of the chartering contract when the vessel is wrecked
- 1. In case of a time or voyage charter, the contract shall end when the vessel perishes.
- 2. In respect of goods already received for carriage it is presumed that the perishing of the vessel results from a fact for which the lessor is liable; the lessor is liable for those facts for which he, if these facts would have caused damage to the goods transported by him, would be liable.
- 3. Where the lessor, despite of the perishing of the vessel, still transports the goods which already were received on board, to their place of destination, then in case of a time charter this transport is presumed to take place on the basis of the original contract.
- 4. The lessor shall notify, as soon as this is possible, the charterer, the person to whom the goods are to be delivered (consignee) and the person to whom he has to send a message that the vessel is ready to be unloaded.
- 5. Article 8:914 paragraph 5, 6 and 7 shall apply.

Article 8:937 Right of the consignor (shipper) to give instructions
- 1. Unless a bill of lading has been issued, the consignor (shipper) has the right to appoint himself or another person as the one to whom the goods must be delivered (consignee), to change a given indication of the consignee, to give or change an order in regard of the delivery of the goods received for carriage or to demand the delivery of these goods prior to their arrival at the place of destination, all to the extent that the carrier reasonably is able to comply with such instructions, and provided that the consignor (shipper) indemnifies the carrier and the persons with an interest in the other cargo for it. He is obliged to contribute in general average when a general average action occurred in view of a circumstance that had become apparent before the delivery of the goods.
- 2. The consignor (shipping) cannot exercise the right meant in paragraph 1, when the voyage would be delayed if his instructions would be followed.
- 3. Goods delivered pursuant to paragraph 1 are regarded as goods delivered at the place of destination, and the provisions of the present Section (Section 8.10.2) on the delivery of goods as well as those of Articles 8:955, 8:956 and 8:957 are applicable.

Article 8:938 Right of the holder of the bill of lading to demand a premature delivery of the goods
- 1. If a bill of lading has been issued, then only the holder thereof as meant in Article 8:940, and only against the surrender of all negotiable original prints of that bill of lading, has the right to demand prior to the arrival at the place of destination, the delivery of all the goods mentioned in the bill of lading, all as far as the carrier reasonably is able to comply with it and provided that the holder of the bill of lading indemnifies the carrier and all other persons with an interest in the other cargo for it. He must contribute to general average when the general average action took place in view of a circumstance which already had become apparent before the delivery of the goods. When the vessel has sailed to a not earlier agreed place or spot, he must also grant a reasonable compensation to the carrier in respect thereof.
- 2. The holder of the bill of lading meant in paragraph 1 cannot exercise the right mentioned in that paragraph, when the voyage would be delayed as a result of the premature delivery of the goods.
- 3. Goods that have been delivered pursuant to paragraph 1, are regarded as goods delivered at the intended place of destination, and the provisions of the present Section (Section 8.10.2) on the delivery of goods and the provisions of Articles 8:955, 8:956 and 8:957 shall apply in such event.

Article 8:939 Consignment note issued instead of a bill of lading
If no bill of lading has been issued to the consignor (shipper), but a consignment note (waybill) which mentions the person to whom the goods must be delivered (consignee), then that person (consignee) is entitled as well towards the carrier to demand the delivery of the goods in accordance with the obligations incumbent upon the carrier; in that event, the Articles 8:903, 8:905 and 8:906 shall apply accordingly.

Article 8:940 Legal relationship between the carrier and the holder of the bill of lading
- 1. If a bill of lading has been issued, only the regular holder*) thereof is towards the carrier under the bill of lading entitled to demand the delivery of the goods in accordance with the obligations incumbent upon the carrier, unless that holder has not lawfully become the holder of the bill of lading. The Articles 8:903, 8:905 and 8:906 shall apply accordingly.
- 2. Towards the holder of the bill of lading who is not the consignor (shipper), the carrier under the bill of lading is bound by the stipulations of that bill of lading and he may invoke these stipulations against such holder. He may exercise against any holder of the bill of lading the rights to payment that are clearly recognizable from that bill of lading. Against the holder of the bill of lading who is also the consignor (shipper), the carrier may furthermore invoke the stipulations and terms from the contract of carriage and his personal relationship to the consignor (shipper).

*) Regular holder is the person who presents a document including a sequence of consecutive endorsements.

Article 8:941 More carriers under one and the same bill of lading
- 1. If under the application of Article 8:943 several persons have to be considered as carrier under the bill of lading, then those persons are joint and several liable (bound) towards the holder of the bill of lading meant in Article 8:940, paragraph 1.
- 2. In the situation referred to in paragraph 1, each of the carriers is entitled to exercise against the holder of the bill of lading the rights appearing from that bill of lading, and the holder of the bill of lading is towards each carrier discharged up to the due and demandable amount that he has paid on the basis of that bill of lading to one of them. Title 3.7 of the Dutch Civil Code does not apply.

Article 8:942 Rank order of holders
Amongst the holders of different original prints of the same bill of lading, the best right belongs to the holder of the first original print of which, after the common endorser (author) who was holder of all those copies, another person has become holder in good faith under payment of a consideration for obtaining it (non-gratuitous acquirement).

Article 8:943 Definition of a ‘carrier under a bill of lading’
- 1. Without prejudice to the other paragraphs of the present Article, the following persons are regarded as carrier under the bill of lading: he who has signed the bill of lading or in whose name another person has signed it, and also he whose form has been used for the bill of lading.
- 2. If the captain (master) or another person in his name, has signed the bill of lading, then as carrier under that bill of lading is regarded, besides the person mentioned in paragraph 1, also the time or voyage charterer who is the carrier under the last contract in the chain of operating contracts as referred to in Title 8.5.1. If the vessel has been leased under a bareboat charter, then, besides this possible time or voyage charterer, also the last bareboat charterer is regarded as carrier under the bill of lading. If the vessel has not been leased under a bareboat charter, then, besides the possible time or voyage charterer as meant here, also the shipowner is regarded as carrier under the bill of lading.
- 3. In derogation from the previous paragraphs, only the last bareboat charterer, respectively, the shipowner is regarded as carrier under the bill of lading if that bill of lading explicitly designates that bareboat charterer, respectively, that shipowner as such, and, in case of the designation of the bareboat charterer, moreover, if also his identity is clearly recognizable from the bill of lading.
- 4. This Article does not affect Article 8:861.
- 5. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:944 Unauthorised signing of a bill of lading
- 1. Paragraph 1 of Article 8:943 shall not apply if a person who in that paragraph is regarded as carrier under a bill of lading, proves that the one who has signed the bill of lading in his name, crossed the boundaries of his power in doing so, or proves that his form was used without his permission. Nevertheless, a person meant in Article 8:943, paragraph 1, shall still be regarded as carrier under a bill of lading if the holder of the bill of lading proves that, due to a statement or the conduct of the one in whose name the bill of lading was signed or whose form was used, he reasonably could assume, at the moment of issuance of the bill of lading, that the person who signed the bill of lading was authorized to do so or that the form was used with the required permission.
- 2. In derogation from paragraph 1, the shipowner shall be regarded as carrier under the bill of lading if his bookkeeper has crossed the boundaries of his power by signing the bill of lading, but such shipowner shall not be bound towards the first holder of the bill of lading who, at the moment that it was issued, knew that the bookkeeper crossed the boundaries of his power.
- 3. Article 8:943, paragraph 2, may be invoked as well if the captain (master), by signing the bill of lading or by granting another person the power to sign it in his name, has crossed the boundaries of his own power, but such an appeal is not open to the first holder of the bill of lading who, at the moment of issuance of that bill of lading, knew that the captain (master) crossed the boundaries of his power.
- 4. Paragraph 3 applies also if he who has signed the bill of lading in the name of the captain (master), in doing so has crossed the boundaries of his power.

Article 8:945 Lessor’s right of recourse
- 1. Where a lessor on account of Article 8:943 is bound to more than to what he is committed on account of his chartering or where he received less than to what he is entitled on account of his chartering, he may recover the difference from the charterer, provided that the signing of the bill of lading or the supply of the form took place by virtue of what is provided in the charterparty (i.e. the contract of chartering embodied in a standard form) or upon the request of the charterer.
- 2. The same applies to a charterer from whom the difference meant in paragraph 1 has been claimed pursuant to that paragraph, and who, in his turn, is a lessor.

Article 8:946 Discharging the carrier and the handing in of the bill of lading to him
- 1.The holder of the bill of lading who has presented himself to take delivery of the goods, is obliged, before he receives those goods, to put a discharge on the bill of lading and to hand it to the carrier.
- 2. He is, however, entitled to postpone the handing over of the bill of lading until the goods are all delivered to him, provided that he entrust the bill of lading in the meantime to a third party who will keep it in safe custody until the goods are delivered; in case of a dispute about the third person who is to keep the bill of lading in safe custody, any interested party may request the court to appoint such a third person for this purpose.
- 3. Unless the bill of lading is provided with a discharge and handed in to the carrier in accordance with paragraph 1, the recipient is obliged, in proportion as to the delivery of the goods to him, to issue written receipts acknowledging such delivery, yet only to the extent that this does not unreasonably delay the delivery of the goods.

Article 8:947 Freightage (transport fee)
- 1. One-third of the freightage (transport fee), calculated on the basis of the goods received for carriage – or if a stipulation ‘free of freightage against the issuance of a receipt’ has been made, two-thirds of the freightage – is due and demandable at the moment on which the carrier receives the goods for carriage or, when a consignment note (waybill) or a bill of lading has been issued by him, at the moment of the issuance thereof. The remaining freightage (transport fee) is due and demandable after the goods have been delivered at the place of destination or at the spot where the carrier has delivered them with due observance of Article 8:937 or Article 8:938. Where the freightage (transport fee) is determined by the weight or volume of the goods, it shall be calculated according to these data at the moment that the goods are delivered.
- 2. When goods are delivered, but not at the place of destination, a distance freightage is indebted. It is calculated on the basis of the part of the voyage that the goods have actually been transported and the costs made by the carrier. Account is taken of the entire duration and distance of the transport and the total of costs to be made by the carrier therefor.
- 3. Freightage (transport fee) that has been determined in one sum for all goods, is due and demandable in full, even when only a part of the goods are delivered at the place of destination.
- 4. Freightage (transport fee) that is paid or has to be paid in advance, is and remains – except in case of a voyage charter – due and demandable in full, even when the goods are not delivered at the place of destination.
- 5. Goods that have not been delivered, will nevertheless be regarded as goods delivered, yet only to the extent that the fact which caused that (a part of) the goods are not delivered is the result of the nature of or a defect in the goods, or of an act or omission of a proprietor, the consignor (shipper), the person who has to take delivery (consignee) or the recipient of the goods.
- 6. Where the freightage (transport fee) set in the bill of lading is fixed at a lower amount than in the contract of carriage, the difference must be paid in advance to the carrier.
- 7. When the consignor (shipper) has not paid the freightage (transport fee) that is due and demandable prior to the start of the carriage, the carrier may postpone (withhold) the departure of the vessel. With authorization of the court, he is entitled to take the measures mentioned in Article 8:955 and Article 8:957. If he takes those measures, then the before meant two Articles and Article 8:956 shall apply. The consignor (shipper) must compensate the damage suffered by the carrier, when, for whatever reason, the carriage of the goods of the involved party or of another consignor (shipper) is prolonged during the relevant voyage because of the before meant postponement. This compensation shall not be less than the demurrage charges for the number of hours with which the voyage is prolonged.

Article 8:948 Freightage for goods transported in violation with a legal prohibition
If goods are transported by a person for his own account*) on board of the vessel in violation with a legal prohibition, then the highest freightage (transportation fee) which could have been negotiated at the time of loading for those goods shall be due by him. Such freightage shall be due even when the goods are not delivered or are delivered in a worthless state or condition at the place of destination; the recipient is joint and several liable for this freightage, together with the consignor (shipper).

*) That is to say without the consent of the shipowner or charterer.

Article 8:949 Freightage under a time charter when the vessel is not available
In case of a time charter, no freightage (transport fee) shall be due for the period that the charterer did not have the vessel at his disposal in the way as agreed under the terms and conditions of the charterparty (i.e. chartering contract as embodied in a standard form):
a. as result of damage to the vessel, or;
b. because of a failure in de performance of the carrier’s obligations,
provided that the vessel was not at the disposal of the charterer for more than 24 consecutive hours, all without prejudice to the last sentence of paragraph 6 of Article 8:935.

Article 8:950 Costs of operation under a time charter
- 1. In case of a time charter, the fuel for machinery, boiler water, port fees and similar charges and expenses, that become due as a result of performed voyages and transported goods, shall be borne by the charterer. Other expenses of operation and management of the vessel shall be borne by the lessor.
- 2. In case of a flat-bottomed boat contract, the port fees are borne by the lessor, unless the boat moves to another municipality. In that event, the port fees due in that other municipality and also the port fees due after the return to the original municipality are borne by the charterer.

Article 8:951 Costs made en route (benevolently)
Without prejudice to what is provided regarding general average and without prejudice to the provisions of Section 6.4.1, the consignor (shipper), de recipient and, if a bill of lading has been issued, the holder thereof as referred to in Article 8:940, shall be joint and several liable for the obligation to compensate the carrier for the damage he suffers because he has benevolently and by himself (of his own accord) looked after the interests of the proprietor of the goods received for carriage or which he suffers because the captain (master) or boatmaster did not comply with his obligations mentioned in Article 8:261 or 8:860.

Article 8:952 Written stipulation to release the consignor (shipper) from his obligations
The consignor (shipper) shall only be released from his obligations regarding the carriage by a written and unambiguous stipulation of such intention made for this purpose.

Article 8:953 Cash on delivery payments
- 1. At the moment that the goods are delivered to the recipient, the carrier is obliged to collect from the recipient the ‘cash on delivery’ (C.O.D.) payments relating to the to be delivered goods, and, subsequently, he must pay these collected payments to the consignor (shipper). If he does not comply, for whatever reason, with this obligation, he must compensate the cash on delivery payments to the consignor (shipper), but if the consignor (shipper) has not suffered any damage or has suffered less damage than those payments, he must compensate at the most the amount of damage suffered by the consignor (shipper).
- 2. The recipient who, at the moment that the goods are delivered, knows that a ‘cash on delivery’ (C.O.D.) payment is attached to the actual delivery, must pay to the carrier what he owes in this respect to the consignor (shipper).

Article 8:954 Right to refuse the delivery of the goods / right of retention
- 1. The carrier may refuse to deliver the goods which, in connection with the contract of carriage, are under his control; he may exercise this right against any person who, other than on account of the contract of carriage, has a right to claim their delivery, unless these goods have been seized (arrested) and from the pursuance of that seizure (arrest) results an obligation to deliver the goods to the seizor.
- 2. The carrier may exercise his right of retention with regard to goods which, in connection with the contract of carriage, are under his control, and this to the extent for what the recipient is or will be due to him on account of the transport of these goods as well as for what is or will be due to him as contribution in general average in regard of these goods. He may also exercise this right for the ´cash on delivery´ (C.O.D.) payments related to the to be delivered goods, which payments he is obliged to collect. Where a bill of lading has been issued, hay may only exercise this right for what the recipient is or will be due, unless the bill of lading states that the freightage (transport fee) and other debt-claims in regard of the carriage must be paid by the consignor (shipper); in that event he may withhold the goods until the consignor (shipper) has complied with this obligation. The right of retention of the carrier mentioned in the previous sentences ceases to exist as soon as the carrier has received payment of the amount not in dispute and, in addition, sufficient security (collateral) has been provided to him for the payment of the disputed amounts or of amounts of which the total cannot yet be determined. The carrier, however, has not to accept any security (collateral) for the cash on delivery (C.O.D.) payments related to the to be delivered goods.
- 3. The rights granted under the present Article to the carrier cannot be invoked against a third person if the carrier, at the moment on which he received the goods for transport, had reason to doubt whether the consignor (shipper) was authorized (competent) in his relation to that third person to place the goods at the disposal of the carrier.

Article 8:955 Right of the carrier to deposit the goods in safe custody of a third party
- 1. To the extent that the person who towards the carrier is entitled to take delivery of the transported goods, does not, if necessary after the notification as meant in Article 8:933 has been made, show up at all or refuses to take the goods over or does not take over the goods with the required speediness, the carrier is entitled to deposit the goods, at the expense and risk of their proprietor, in safe custody at a storehouse or barge of a third person; the same applies insofar as the goods are seized or if the carrier has well-founded grounds to doubt that a holder of a bill of lading who presents himself as recipient of the goods, is entitled to take delivery of the relevant goods. Upon the request of the carrier, the court may order that the carrier is allowed to keep the goods under his own control, if desired in the vessel itself, or to take other measures to this end. He must inform the consignor (shipper) as soon as possible.
- 2. The third person who keeps the goods in custody (safekeeper) and the recipient are legally bound to each other as if the contract concluded in regard of the deposit of the goods in safe custody has been entered into between them as well. The safekeeper, however, is not authorized to hand over the goods unless he has the written approval to do so of the person who has given the goods to him in safe custody.

Article 8:956 Compensation for delay in the events of Article 8:954 and 8:955
In the events meant in Article 8:954 or 8:955, the carrier remains, as long as he has not stored the goods, entitled to demurrage charges for every hour of delay or, if he suffers more damage, to a full compensation of damage.

Article 8:957 Sale of goods that are deposited in safe custody
- 1. Where Article 8:955 is applicable, the carrier, the safekeeper or the person who towards the carrier is entitled to take delivery of the goods (consignee), may, upon his request, be authorized by court to sell all goods or a part thereof in a way to be determined by the court.
- 2. The safekeeper must inform the carrier as soon as possible of the intended sale; the carrier has the same obligation towards the person who towards him has the right to take delivery of the goods and towards the person to whom he has to send a massage that the vessel is available to be loaded as referred to in Article 8:930.
- 3. The proceeds of the sold goods are deposited with the clerk of the court as far as they are not intended for the payment of the costs of storage and sale, and of other costs made within the limits of reason. Unless the goods have been seized for a monetary debt-claim, the carrier must receive from the amounts to be deposited what is due to him on account of the transport (carriage), of cash on delivery (C.O.D.) payments and also what he may claim in respect of a contribution in general average; insofar as these debt-claims are not yet established, the proceeds or a part thereof shall serve as security (collateral) for those claims, which security (collateral) is to be provided in a way to be determined by the court.
- 4. The proceeds that have been deposited with the clerk of the court shall take the place of the goods (cargo).

Article 8:958 Cooperation in inspection of goods and tallying of packages
If there is certainty or suspicion that the goods are (partially) lost or damaged, the carrier and the recipient mutually shall give all reasonable facilities to each other to make it possible to inspect the goods and to tally the packages.

Article 8:959 Judicial inquiry into the condition of the goods at delivery
- 1. Both, the carrier and the person who towards the carrier is entitled to take delivery of the goods, may request the court, at the delivery of the goods, to order a judicial inquiry into the weight, measurement or any other fact that is of importance for the assessment of the freightage (transport fee), as well as into state and condition of the goods at the time of their delivery; they may also request the court to estimate the loss and damage judicially.
- 2. If this inquiry has taken place in the presence of the counterparty or after he has been called properly to appear, then the issued report is presumed to be accurate.

Article 8:960 Judicial inquiry into the cause of the loss or damage
- 1. Both, the carrier and the person who towards the carrier is entitled to take delivery of the goods, may, when he suspects that the goods are (partially) lost or damaged, request the court before, at or after the delivery of the goods to order a judicial inquiry into the cause of these losses or damages, which inquiry, if desired, may even be held on board of the vessel.
- 2. If this inquiry has taken place in the presence of the counterparty or after he has been called properly to appear, then the issued report is presumed to be accurate.

Article 8:961 Costs of a judicial inquiry
- 1. The costs of a judicial inquiry as referred to in Articles 8:959 and 8:960, must be paid by the applicant.
- 2. The court may order that these costs and the damages suffered as a result of the judicial inquiry have to be borne in full or in part by the counterparty of the applicant, even if the amount mentioned in the Order in Council as referred to in Article 8:905 would be exceeded due to that.

[Articles 8:962 – 8:969 [reserved for future legislation]

Section 8.10.3 Passenger transport contract with respect to inland waterways

Article 8:970 Definition of a ‘passenger transport contract’ and ‘cabin and hand luggage’
- 1. A passenger transport contract in the sense of the present Section (Section 8.10.3) is a contract for the transport of persons, whether or not being a time or voyage charter, under which one of the parties (the carrier) has engaged himself towards the other party to transport one or more persons (passengers), whether or not including their luggage, exclusively by inland waterways on board of a vessel. The transport between the embankment (land) and the vessel as meant in Article 8:502, under (a), is not regarded as transport by inland waterways. No passenger transport contract in the sense of the present Section (Section 8.10.3) is a contract for the transport of passengers aboard a hovercraft or a contract for the transport of passengers as referred to in Article 8:100.
- 2. Cabin luggage in the sense of the present Section (Section 8.10.3) is all luggage (baggage) that the passenger has in his cabin, in his possession, under his supervision or in his power (control), except for live animals, as well as luggage that he has on board of a vehicle or ship that has been accepted for transport, together with him as passenger, as his luggage, yet not that vehicle or ship itself.
- 3. Hand luggage in the sense of the present Section (Section 8.10.3) is all luggage, with the exception of live animals, that the passenger has on or with him and that he can take with him easily as portable or by hand movable things.
- 4. Things that cannot be regarded as cabin or hand luggage may for the purpose of the provisions of the present Section (Section 8.10.3) be designated by Order in Council as cabin or hand luggage, and provisions of the present Section may be declared inapplicable by Order in Council to things which can be regarded as cabin and hand luggage.

Article 8:971 Period of transport
Transport by inland waterways comprises:
a. with regard to persons or their cabin or hand luggage: the time that the passenger or his cabin or hand luggage remains on board of the vessel, and the time of boarding (embarkation) or deboarding (disembarkation), and also the time that the passenger or his cabin or hand luggage is transported by water between the embankment (land) and the vessel or between the vessel and the embankment (land), if the price thereof is included in the freightage (transport fee) or if the carrier has placed the vessel which is used for such auxiliary transport at the disposal of the passenger. Transport of persons by inland waterways, however, does not include the time during which the passenger remains on a pontoon, a pier, a ferry quay or any ship or boat mooring between the embankment (land) and the vessel aboard of which he will be or has been transported, in a terminal (station building), on a quay or at any other port facility;
b. with regard to cabin and hand luggage: also the time that the passenger finds himself on a pontoon, a pier, a ferry quay or any ship or boat mooring between the embankment (land) and the vessel aboard of which he will be or has been transported, in a terminal (station building), on a quay or at any other port facility, if that luggage has been taken over by the carrier and has not been returned to the passenger;
c. with regard to luggage that is no cabin or hand luggage: the time between the moment that the luggage has been taken over by the carrier, either on land or on board, and the return thereof by the carrier.

Article 8:972 Time or voyage charter
- 1. A time or voyage charter in the sense of the present Section (Section 8.10.3.) is a passenger transport contract under which the carrier (the lessor) has engaged himself to transport on board of a vessel, which he has placed to this end, otherwise than by way of a bareboat charter, in its entirety at the disposal of his counterparty (the charterer), whether or not on a time base (time charter or voyage charter).
- 2. The provisions of Section 8.10.2. in particular those for chartering, and Article 8:894 shall apply accordingly to a charter as meant in paragraph 1.

Article 8:973 Non-application of the provisions for lease, safe custody and loan for use
The legal provisions on lease contracts, safe custody contracts and loan for use contracts do not apply where a vessel has been placed at the disposal of someone else otherwise than by way of bareboat chartering.

Article 8:974 Liability of the carrier in case of death or physical injury
- 1. The carrier is liable for damage caused by the death or the physical injury of a passenger if an incident that has led to such death or injury occurred during transport, to the extent that this incident was caused by circumstances which could have been avoided by a diligent (prudent) carrier or by circumstances of which the consequences could have been prevented by such diligent carrier.
- 2. It is presumed that a diligent (prudent) carrier could have avoided the circumstances which have led to shipwreck, collision, stranding, explosion or fire, and also that such a carrier could have prevented that these circumstances would lead to such an incident.
- 3. A defect in or malfunctioning of the vessel or the material which the carrier uses for the transport is regarded as a circumstance that a diligent (prudent) carrier could have avoided and of which he could have prevented its consequences.
- 4. In the application of the present Article the conduct or behaviour of a third person shall be taken into consideration only if the carrier cannot be held accountable for any other circumstance which has also contributed to the incident.

Article 8:975 Liability for cabin and hand luggage
- 1. The carrier is liable for damage caused by total or partial loss of or damage to cabin or hand luggage, with the exception of a thing on board of a boat (ship) or vehicle that is accepted in regard of the carriage as luggage, if an incident that has led to such loss or damage occurred during transport, and to the extent that this incident was caused by circumstances which could have been avoided by a diligent (prudent) carrier or by circumstances of which the consequences could have been prevented by such diligent (prudent) carrier.
- 2. Article 8:974, paragraph 2 and 3, shall apply as well.
- 3. In the application of the present Article the conduct or behaviour of a third person shall be taken into consideration only if the carrier cannot be held accountable for any other circumstance which has also contributed to the incident.
- 4. The present Article does not affect Articles 8:545 and 8:1006.

Article 8:976 Liability for other luggage than cabin luggage
Without prejudice to Article 8:975, the carrier is liable for damage caused by total or partial loss of or damage to luggage, if an incident that has led to such loss or damage occurred during transport, except and to the extent that this incident was caused by circumstances which a diligent (prudent) carrier could not have avoided and of which the consequences could not have been prevented by such a carrier.

Article 8:977 No liability of the carrier for gold, silver and other valuable objects
The carrier is not liable for any loss of or damage to coins, negotiable instruments, gold, silver, gems, jewellery, art objects or other valuables, unless such items have been handed over to him in safe custody and he has agreed to store them safely.

Article 8:978 No liability of the carrier for not wanted things on board
Where it concerns property that is taken on board by the passenger, but that would not have been admitted on board by the carrier if he had known its nature (character) or condition (state) and for which he has not issued a receipt, the carrier shall not have to pay any compensation (indemnity) if the passenger knew or ought to have known that the carrier would not have accepted this property for transport; in such event the passenger shall be liable for all costs and damage which result for the carrier from the presentation (handing over) of that property for transport or from the transport thereof itself.

Article 8:979 Liability of the passenger
Without prejudice to Article 8:978 and Article 6:179, the passenger is obliged to compensate the carrier for the damage caused to him by the passenger or the passenger’s luggage, except to the extent that such damage is caused by a circumstance that a diligent (prudent) passenger could not avoid and of which the consequences could not have been prevented by such a passenger. In order to exempt himself from his liability, the passenger cannot refer to the condition (state) of or a defect in his luggage.

Article 8:980 Provisions applicable to the transport of luggage
- 1. Without prejudice to the provisions of the present Section (Section 8.10.3), the Articles 8:895, 8:903, paragraph 1 and 2, 8:904, paragraph 1, 8:910, paragraph 1 and 2, 8:911, 8:912, 8:914, 8:951 and 8:954 up to and including 8:961 shall apply to the transport of luggage. The rights granted under Article 8:954 and the right granted under Article 8:957 through which the performance of a claim can be realised by receiving payment from the to be deposited amount for costs relating to the carriage, may be exercised for all that the carrier’s counterparty or the passenger is indebted to the carrier.
- 2. Parties are at liberty to derogate from the provisions that in paragraph 1 have been declared applicable to their mutual relationship.

Article 8:981 Applicability of Articles 8:511 – 8:516
Articles 8:511 up to and including 8:516 apply accordingly to a passenger transport contract.

Article 8:982 Navigational error / deviation of the course of the vessel
- 1. Without prejudice to Articles 8:974 up to and including 8:977, the carrier shall not be liable for damage caused by an act, inattention or negligence of the captain (master) or boatmaster, another member of the crew, the pilot or the subordinates of the carrier, committed in the navigation of the vessel.
- 2. Without prejudice to Articles 8:974 up to and including 8:977, no deviation of any kind from the course of the vessel in order to rescue or attempt to rescue human life or property and no reasonable deviation of any kind from the course of the vessel shall be regarded as a breach of any contract of carriage and the carrier shall not be liable for any loss or damage arising therefrom.

Article 8:983 Limitation of the amount of liability of the carrier by Order in Council
- 1. The liability of the carrier in case of death, physical injury or delay of a passenger and in case of loss of, damage to or delay of a passenger’s luggage is limited to an amount or to amounts to be set by or pursuant to Order in Council.
- 2. The present Article does not affect Titles 8.7 and 8.12.

Article 8:984 Intent or conscious recklessness
- 1. The carrier cannot invoke any limitation of his liability where the damage arose from his own act or omission (neglect), committed with the intent to cause damage or committed recklessly and with knowledge that damage would probably result from that act or omission.
- 2. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:985 Mandatory law
Null and void is any stipulation (clause) made prior to the moment that the incident happened to the passenger or prior to the loss of or damage to the luggage, through which the liability or burden of proof of the carrier, incumbent upon him pursuant to Article 8:974 up to and including 8:977, is reduced in another way than as provided for under the present Section (Section 8.10.3).

Article 8:986 Applicability of Articles 8:521 – 8:529
Articles 8:521 up to and including 8:529 apply accordingly to a passenger transport contract for transport by inland waterways.

Articles 8:987 - 8:989 [reserved for future legislation]

Section 8.10.4 Some specific contracts

Article 8:990 Bareboat chartering
- 1. In the event of a contract (bareboat chartering) under which one of the parties (the bareboat lessor) has engaged himself to place a vessel exclusively for use on inland waterways at the disposal of his counterparty (the bareboat charterer), without retaining any power of control over it, the commercial operation (management) of the ship vessel in the hands of the bareboat charterer and shall happen for his account.
- 2. Article 8:894 shall apply accordingly.

Article 8:991 Vessel placed at someone’s disposal for use on inland waterways for other purposes than transporting goods or persons
- 1. The provisions on general average as well as the provisions of the present Title (Title 8.10) and, where it concerns a seagoing ship, the provisions of Article 8:361 up to and including 8:366, apply accordingly to a contract under which one party has engaged himself, otherwise than by way of bareboat chartering, to place a ship exclusively for use on inland waterways at the disposal of the other party for any purpose other than the storage or the transport of goods or the transport of persons.
- 2. Parties are at liberty to derogate from the provisions that in paragraph 1 have been declared applicable to their mutual relationship.

Article 8:992 Contract of berth
- 1. The contract of berth is the contract under which one of the parties (the lessor) engages himself towards the other party (the charterer) to place a vessel exclusively for use on inland waterways at the disposal of someone else, otherwise than by way of bare-boat chartering, in order to load goods on board thereof, to deposit them and to unload them therefrom.
- 2. The contract of berth can be entered into for a specific or an indefinite period of time. If it has been entered into for a specific period of time and is extended at the expiration of that period, it is presumed to be a contract entered into for an indefinite period of time.
- 3. The provisions regarding general average as well as the provisions of the present Title (Title 8.10) and, where it concerns a seagoing ship, Articles 8:361 up to and including 8:366 apply accordingly to a contract of berth, on the understanding that parties are at liberty to derogate from these provisions in their mutual relationship.

Article 8:993 Termination of an indefinite contract of berth
- 1. Where a contract of berth has been entered into for an indefinite period of time, the charterer may terminate the contract immediately without a term of notice being required and the lessor may terminate it with due observance of a term of notice of at least seven days.
- 2. When the lessor terminates the contract of berth, the vessel must be unloaded by the charterer after the end of the term of notice set by the lessor therefore.
- 3. The price for the contract of berth is owed until and including the day on which the unloading has been completed, but in any event until and including the second day following the one of termination by the charterer.
- 3. The termination is notified by a verbal or written notice or any other message of which the receipt [at the address of the lessor] can be evidenced clearly.

Article 8:994 Contract of berth and/or navigation
- 1. The contract of berth and/or navigation is the contract under which one of the parties (the lessor) engages himself towards the other party (the charterer) to place a vessel exclusively for use on inland waterways at the disposal of someone else, otherwise than by way of bare-boat chartering, and whereby the charterer has the choice to only berth the vessel or to let it navigate (sail) after a period of berthing.
- 2. Berthing is governed by the provisions regarding the contract of berth; the provisions regarding general average as well as the provisions of the present Title (Title 8.10) and, if it concerns a seagoing ship, Articles 8:361 up to and including 8:366 apply accordingly to navigation (sailing).

Article 8:995 Right of the charterer to unload and navigate the vessel
The charterer is entitled to unload the vessel in part and to let it navigate (sail) subsequently. In that event, he shall be indebted the freightage (transport fee) which he would by indebted when the vessel would have been navigated with a full load.

Article 8:996 Termination by the lessor/ price for berthing
- 1. If no specific period has been agreed upon for berthing, the lessor may terminate the berthing period with a term of notice of at least seven days by means of a verbal or written notice to the charterer or by means of any other message of which the receipt can be evidenced clearly. Where the charterer does not notify the lessor within 48 hours after he has received such term of notice from the lessor that he wants to navigate (sail) with the vessel, then the unloading time starts to run after expiration of that 48 hours period.
- 2. The price for berthing is due up to and including the day on which the unloading is completed, but in any case up to and including the second day following the one on which the lessor has given the term of notice as meant in paragraph 1.

Article 8:997 Order of the charterer to let the vessel navigate
- 1. If the charterer wishes to let the vessel navigate (sail), the lessor must start the voyage no later than the first working day following the one on which he received a notice to this end. Where he is delayed in the start of the voyage by the charterer, the latter must compensate the lessor on the basis of Article 8:932.
- 2. Where the voyage cannot start or be continued on account of circumstances not attributable to the charterer and which already existed at the moment of the order to navigate (sail), the price for berthing remains indebted for the duration of such impediment.

Article 8:998 Placing a vessel at someone’s disposal for use at sea and on inland waterways
For the purpose of the provisions of the present Section (Section 8.10.4), placing one and the same vessel at the disposal of someone else for use at sea and on inland waterways is regarded as placing it at the disposal of someone else for use on inland waterways, provided that the placement at the disposal of someone else for use at sea is apparently secondary to that on inland waterways.

Article 8:999 [reserved for future legislation]

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