Dutch Civil Code

Book 8 Transport law and means of transport

IV ROAD TRANSPORT LAW

Title 8.13 Carriage by road

Section 8.13.1. General provisions

Article 8:1080 Further specification of definitions by Order in Council
- 1. By Order in Council, things that are no vehicles may be designated for the purpose of the provisions of the present Title (Title 8.13) as vehicles, and provisions of the present Title may be declared inapplicable to things which are vehicles.
- 2. A tow truck is not a vehicle within the meaning of the present Title (Title 8.13).
- 3. A contract under which one of the parties (driver) engages himself towards the other party to drive a vehicle which has been placed at the driver’s disposal to this end by the other party, is not a contract of carriage within the meaning of the present Title (Title 8.13).

Articles 8:1081 Liability on a non-contractual basis
Articles 8:361 up to and including 8:366 apply accordingly to the (commercial) operation of a vehicle, on the understanding that these Articles apply accordingly as well when the person who pursuant to Article 2, first and second paragraph, of the Motor Vehicles Liability Insurance Act has the obligation to take an insurance, or the insurer meant in Article 6 of that Act or a subordinate of one of them is sued on a non-contractual basis. Furthermore, Articles 8:361 up to and including 8:366 shall apply accordingly when the Guarantee Fund for Motorised Traffic mentioned in Article 23 of the before meant Act or the office meant in Article 2, the sixth paragraph, of that Act, or a subordinate of one of them is sued on a non-contractual basis.

Articles 8:1082 – 1089 [reserved for future legislation]

Section 8.13.2 Contract of carriage of goods by road*)

*) Title 8.12.3 of the Civil Code encloses many rules of mandatory law, especially where it concerns the liability of the carrier for damages and the possibility to limit or extent his liability. It is, however, allowed to derogate from these mandatory statutory provisions, provided that this is done in agreement with the requirements of Article 8:1102, paragraph 1. As such, one could speak of semi-mandatory provisions. The requirements for derogating contractual stipulations are that they have to be entered into explicitly and otherwise than by reference to stipulations in another document, and that they have to be agreed upon with respect to an intended transport of goods and, additionally, that the contract of carriage, related to that transport, has to be laid down in a written contract (in which the derogating stipulations are usually included). If these requirements are met, it is even allowed for parties to choose for the application of the CMR on contracts of carriage of goods by road without any international aspect, for instance between a Dutch consignor (sender) and a Dutch carrier in relation to the transport of goods between two places within the Netherlands. By making such choice, parties are able to set aside the Dutch Civil Code entirely, including all its mandatory and semi-mandatory provisions, like those to be found in Title 8.13.2. This can be done also by means of a general agreement regulating al possible future contracts of carriage of goods by road between the same parties, provided that that agreement meets the requirements of Article 8:1102, paragraph 1 (Dutch Supreme Court 5 January 2001, NJ 2001, 391).

Article 8:1090 Definition of a contract of carriage of goods by road
The contract of carriage of goods within the meaning of the present Title (Title 8.13) is the contract of carriage of goods, whether or not being a time or voyage chartering, under which one of the parties (the carrier) engages himself towards the other party (the consignor) to carry goods (cargo) in a vehicle exclusively by road, and otherwise than by rail.

Article 8:1091 Period of stack transportation
For the purpose of Article 8:1098, paragraph 2, the transport of goods by road encloses, in derogation from what is provided elsewhere, the period that the vehicle finds itself on board of another means of transport and not on the road, yet only in regard of the goods in the vehicle that are not unloaded in such event.

Article 8:1092 Non-application of Section 8.13.2 to some contracts of carriage of goods
The present Section (Section 8.13.2) does not apply to contracts for the transport of dead bodies (funeral consignments), contracts for the transport of furniture and goods within the scope of a home removal (furniture removals)*) or contracts for the transport of postal items where the transport is performed by or on instruction of a provider of universal postal services for the implementation of the universal postal service as meant in the Postal Act 2009. Subject to Article 8:1154, the present Section (Section 8.13.2) does not apply to contracts for the transport of luggage (baggage).

*) See for moving service contracts: Section 8.13.4.

Article 8:1093 Time or voyage chartering
- 1. A time or a voyage chartering within the meaning of the present Section (Section 8.13.2) is the contract of carriage of goods under which the carrier engages himself to transport goods (cargo) in a vehicle, which he places for this purpose in its entirety at the disposal of the consignor, together with the driver of that vehicle, whether or not on a time basis (time or voyage chartering).
- 2. In the present Section (Section 8.13.2), ‘lessor’ means the carrier as referred to in the first paragraph and ‘charterer’ means the consignor as referred to in the first paragraph.

Article 8:1094 Non-applicability of legal rules for lease, safe custody or loan for use
The statutory provisions for lease contracts, safe custody contracts and loan for use contracts do not apply where a vehicle with driver is placed at the disposal of someone else in order to transport goods with that vehicle.

Article 8:1095 Main obligation of the carrier
The carrier is obliged to deliver the goods received for transport at the place of destination in the state (condition) in which he received them.

Article 8:1096 Delay
Without prejudice to article 8:1095, the carrier is obliged to transport the goods received for transport without delay.

Article 8:1097 Instructions to the driver in case of chartering
- 1. In case of chartering, the lessor is obliged to instruct the driver to follow the orders of the charterer within the boundaries set by the contract. The lessor vouches that the driver shall comply with the orders given to him.
- 2. The charterer is liable for the damage suffered by the lessor caused by the local conditions at the places to which he orders the driver on the basis of paragraph 1 to go for loading and unloading, and the charterer shall only be not liable for such damage to the extent that the driver has acted unreasonably by following the orders given to him.

Article 8:1098 Force majeure (Act of God)
- 1. The carrier is not liable for damage to the extent that the damage is caused by a circumstance which a diligent (prudent) carrier could not have avoided and to the extent that the consequences of such circumstance could not have been prevented by such a diligent
carrier.
- 2. In order to release himself from liability, the carrier cannot invoke the imperfection (defect) of the vehicle or of the material which he uses, unless, where it concerns the material, it has been placed at his disposal by the consignor, the consignee or the recipient. Material does not include a ship (vessel), aircraft or railway car on which the vehicle finds itself.
- 3. Damage includes also total or partial loss of goods (things), delay, as well as any other circumstance causing damage.

Article 8:1099 Special risks
Without prejudice to Articles 8:1100 and 8:1101, the carrier who did not comply with the obligations imposed on him pursuant to Articles 8:1095 and 8:1096, shall nevertheless not be liable for damage arising therefrom to the extent that his non-compliance is the consequence of special risks connected with one or more of the following circumstances:
a. the transport of goods in an open (uncovered) vehicle, when this has been explicitly agreed and is mentioned in the waybill;
b. handling, loading, stowing or unloading of the goods by the consignor, the consignee or persons acting for account of the consignor or consignee;
c. the nature of certain goods themselves which, through a cause related to that nature, are exposed to the risk of total or partial loss, or to the risk of being damaged, in particular by inflammation, explosion, melting, breaking, corrosion, deterioration, dehydration, leakage, normal loss of quality, or the presence of rodents or vermin;
d. heat, cold, variations in temperature or humidity of the air, but only if it has not been agreed that the transport will take place in a vehicle especially equipped to withdraw the goods from the influence thereof;
e. incompleteness of or imperfection (defect) in the manner of addressing, numbers, reading characters or marks of the packaging;
f. the fact that the transport concerns a live animal.

Article 8:1100 Legal presumptions in regard to the occurrence of special risks
- 1. Where the carrier proves that, taking into account all circumstances of the case, the non-compliance with the obligations imposed on him pursuant to Articles 8:1095 and 8:1096, may have been the result of one or more of the special risks mentioned in Article 8:1099, it is presumed that the non-compliance results therefrom. The person who, in his relation to the carrier, is entitled to the goods, may, however, prove that the non-compliance has not been caused in full or in part by one of these risks.
- 2. The presumption mentioned above does not exist in the situation mentioned in Article 8:1099, under (a), if there is an unusually large shortage, or an unusually large loss of packaging.
- 3. When, in conformity with what is agreed between the parties, the transport is performed by means of a vehicle especially equipped to withdraw the goods from the influence of heat, cold, variations in temperature or humidity of the air, then the carrier may only invoke Article 8:1099, under (c), in order to release himself from his liability resulting from such influence, if he proves that all measures have been taken which he, taking into account the given circumstances, was obliged to take with regard to the choice, the maintenance and the use of this equipment and that he has conformed to the special instructions as meant in paragraph 5.
- 4. The carrier may only invoke Article 8:1099, under (f), if he proves that all measures have been taken, which he normally, taking into account all given circumstances, was obliged to take, and that he has conformed to the special instructions as meant in paragraph 5.
- 5. The special instructions, meant in paragraph 3 and 4 of the present Article, must have been given to the carrier prior to the start of the transport, and the carrier must have accepted them explicitly and, where a waybill has been issued for the transport, they must be mentioned thereon. The fact that the special instructions are mentioned on the waybill provides in itself no evidence that all requirements of the previous sentence have been met.

Article 8:1101 Unpackaged or insufficiently packaged goods
Where the carrier has not complied with the obligations imposed on him pursuant to Articles 8:1095 and 8:1096, then with respect to:
a. unpackaged goods which, in view of their nature or the manner of transport, should have been packaged, or goods which, in view or their nature or the manner of transport, have not been packaged sufficiently or efficiently, and;
b. unpackaged goods not falling within the scope of the definition provided under (a), if the carrier proves that, in view of the circumstances of the case, his non-compliance may have resulted from the special risk connected with the fact that the goods were unpackaged;
it is presumed that the carrier could not have avoided the circumstance that caused the non-compliance, nor that the consequences of that circumstance could have been prevented by him, and that the non-compliance has not arisen due to one or more of the circumstances which, according to Article 8:1098, paragraph 2, are for account of the carrier.

Article 8:1102 Semi-mandatory law
- 1. Null and void is any stipulation (clause) through which the liability or burden of proof, incumbent upon the carrier pursuant to Article 8:1095, is increased or reduced in another way than provided for in the present Section (Section 8.13.2), unless such stipulation is entered into explicitly and in another manner than by reference to stipulations in another document and it has been made in connection with a separate written contract which has been entered into especially with regard to the intended transport of goods.
- 2. Null and void is, furthermore, any stipulation (clause) through which the liability or burden of proof, incumbent upon the carrier pursuant to Article 8:1095, is increased or reduced in another way than provided for in the present Section (Section 8.13.2), when such stipulation:
a. appears in any document that, because of a message on it, is indicated as a waybill, or;
b. has been entered into between the carrier and recipient upon the delivery of the goods.

Article 8:1103 Valuation of damage
- 1. To the extent that the carrier is liable for non-compliance with the obligations imposed on him pursuant to Articles 8:1095 and 8:1096, the consignor has no other right than to claim payment of the amount due, which amount is to be calculated with due observance of the value that goods like the ones received for transport would have had at the time when and the place where they are delivered or should have been delivered.
- 2. The value referred to paragraph 1 is calculated according to the quotation at the commodity exchange or, in the absence of such quotation, according to the current market value or, in the absence of such value either, according to the normal value of goods of the same nature and quality.

Article 8:1104 Decrease in value
If damages are due pursuant to Article 8:1129 in respect of goods, then such debt is regarded as a decrease in value of those goods.

Article 8:1105 Limitation of liability by Order in Council
As far as the carrier is liable for non-compliance with the obligations imposed on him pursuant to Articles 8:1095 and 8:1096, he shall not be liable for more than the amounts set by or pursuant to Order in Council.

Article 8:1106 Declared higher value of the goods
- 1. The consignor may specify on the waybill a value of the goods that exceeds the maximum amount mentioned in the Order in Council referred to in Article 8:1105, provided that the carrier consents with this, and against payment of an amount to be agreed upon. In such event the declared value takes the place of that maximum.
- 2. Null and void is any stipulation (clause), even when it is entered into in the way as provided for in Article 8:1102, paragraph 1, through which the thus declared value is set at a higher amount than the value referred to in Article 8:1103.

Article 8:1107 Declared special interest in delivery
- 1. The consigner may specify the amount of a special interest in delivery in the case of loss of or damage to the goods transported and in case of exceeding the agreed period for delivery thereof, by mentioning that amount in the waybill, provided that the carrier consents with this, and against payment of an amount to be agreed upon.
- 2. If it has been declared that there is a special interest in the delivery and the carrier is liable for non-compliance of the obligations imposed on him pursuant to Articles 8:1095 and 8:1096, then it is possible to claim, independent of the damages to be claimed on the basis of Articles 8:1103 up to and including 8:1106, extra damages equal to the proven additional damage, yet at the most to once the amount of the declared interest.

Article 8:1108 Intent or conscious recklessness of the carrier
- 1. The carrier may not invoke any limitation of his liability to the extent that the damage has arisen from his own act or omission (neglect), committed either with the intent to cause such damage or committed recklessly and with the knowledge that such damage would probably result from it.
- 2. Any stipulation (clause) derogating from the present Article is null and void.

Article 8:1109 Right of termination when vehicle is not present in time
- 1. The consignor has the right to terminate the contract when the carrier has notified him that no vehicle is present or will be able to be present for the transport at the agreed place or time.
- 2. He may only exercise this right immediately after the receipt of such notification.
- 3. If, in the absence of a receipt of a notification as meant in paragraph 1, the consigner knows through another source that the vehicle is or cannot be present at the agreed place or time, then he has the right to terminate the contract without any formal notice of default being required, but only within a reasonable period after he has become aware of the aforementioned; he has the same right if, after the receipt of a notification as meant in paragraph 1, he has come to know through another source that the vehicle, due to other circumstances than the ones which made the carrier send his notification, is or cannot be present for the transport at the agreed place or time.
- 4. The termination shall be effectuated by a verbal or written notice or any other message of which the receipt can be evidenced clearly, and the contract shall end at the moment of receipt of that notice or message.
- 5. Where the carrier has to compensate the damage which the consignor suffers as a result of the termination, then this compensation (damages) shall not be higher than the freightage (transport fee) for the agreed transport or, in case of time chartering, for the placement at disposal of the vehicle for 24 hours.

Article 8:1110 Liability of the consignor when the goods are not presented in time
The consignor must compensate the carrier for the damage which the carrier suffers, because the agreed goods are not, for whatever reason, at the carrier’s disposal at the agreed place and time.

Article 8:1111 Right of termination of the consignor
- 1. As long as the goods (cargo) are not placed at the disposal of the carrier, the consignor is entitled to terminate the contract. He remains, however, obliged to pay the carrier the freightage (transport fee) which was agreed upon for the transport of the goods.
- 2. The termination shall be effectuated by a verbal or written notice or any other message of which the receipt can be evidenced clearly, and the contract shall end at the moment of the receipt of that notice or message.
- 3. The present Article does not apply in case of time chartering.

Article 8:1112 Right of termination when no goods available for transport
- 1. Where upon the expiration of the period within which the goods have to be placed at the disposal of the carrier, no goods at all have been placed, for whatever reason, at his disposal, then the carrier has the right, without any formal notice of default being required, to terminate the contract. The consignor remains obliged to pay to the carrier the freightage (transport fee) which was agreed upon for the transport of the goods.
- 2. The termination shall be effectuated by a verbal or written notice or any other message of which the receipt can be evidenced clearly, and the contract shall end at the moment of the receipt of that notice or message.
- 3. The present Article does not apply in case of time chartering.

Article 8:1113 Not all goods are available for transport: right of termination or acceptance of the voyage
- 1. Where upon the expiration of the period within which the goods have to be placed at the disposal of the carrier, only a part of these goods have been placed, for whatever reason, at his disposal, then the carrier has the right, without any formal notice of default being required, either to terminate the contract or to accept the voyage.
- 2. In the case of a termination of the contract, the consignor must, if asked for by the carrier, unload the goods already stowed or, in the case when the carrier accepts the voyage and a departure of the vehicle is impossible without restowing the goods already stowed, restow the goods. The consignor must pay the carrier the freightage (transport fee) which was agreed upon for the transport of the goods that have not been placed at the carrier’s disposal or that have not been transported due to the termination of the contract, and furthermore he must compensate the damage suffered by the carrier due to the termination, the acceptance of the voyage or the unloading or restowing of the goods which were taken over already.
- 3. The termination shall be effectuated by a verbal or written notice or any other message of which the receipt can be evidenced clearly, and the contract shall end at the moment of the receipt of that notice or message.
- 4. The present Article does not apply in case of time chartering.

Article 8:1114 Provision of required documents and information
- 1. The consignor 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 indications which the consignor pursuant to paragraph 1 has to provide to the carrier, must, where possible, be put on or attached to the goods to be transported or the packaging thereof.
- 3. The carrier is not required, but nevertheless entitled to check whether the indications provided to him about the goods are correct and complete.
- 3. If, upon the expiration of the period within which the goods have to be placed at the disposal of the carrier, the consignor’s obligations meant in paragraph 2 have not or have only partially been complied with, for whatever reason, then Articles 8:1112 and 8:1113 shall apply accordingly, except in case of time chartering.

Article 8:1115 Liability when the required documents and information are not presented or harmed
- 1. The consignor must compensate the carrier for the damage suffered by the latter because documents or information necessary for the transport or for the fulfilment of customs or other formalities which have to be performed prior to the delivery of the goods, 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 8:1103 up to and including 8:1108.
- 3. The carrier is not required, but nevertheless entitled to check whether the information provided to him is correct and complete.
- 4. If upon the expiration of the period within which the documents and information meant in paragraph 1 have to be present, these documents and information are not, for whatever reason, sufficiently present, then Articles 8:1112 and 8:1113 shall apply accordingly, except in case of time chartering.

Article 8:1116 Right of termination in case of unforeseen circumstances
- 1. When, prior to or at the moment on which the goods (cargo) are presented to the carrier to be taken over, 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 notice or by any other message of which the receipt can be evidenced clearly, and the contract shall end at the moment of receipt thereof.
- 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 8:1117 Liability consignor for defects in provided material or cargo
- 1. The consignor must compensate the carrier for the extraordinary damage caused by the material which the consignor has placed at the disposal of the carrier or caused by the goods which the carrier received for transport or by the handling thereof, except as far as this damage is caused due to a circumstance which is for account of the carrier; for account of the carrier are those circumstances which, in the event that they would have damaged the goods received by him for transport, would have been for his account.
- 2. The present Article does not affect Article 8:1118.

Article 8:1118 Hazardous cargo
- 1. Goods with regard to which the consignor, for whatever reason, did not comply with his obligations imposed on him pursuant to Article 8:1114, paragraph 1 and 2, may at any time and any place be unloaded, destroyed or rendered harmless otherwise by the carrier, but only when those goods constitute an immediately imminent danger. In such events the carrier does not have to pay any damages and the consignor is liable for all costs and damage which for the carrier result from the taking over of the goods, from the transport of the goods itself and from the measures taken in this respect.
- 2. Where the carrier is entitled pursuant to paragraph 1 to unload or destroy the goods or to render them harmless otherwise, the consignor must, if the carrier demands so, take measures to unload, destroy or render harmless the goods where this is reasonably possible for him.
- 3. By taking the measures referred to in paragraph 1 or 2, the contract shall end with respect to the goods meant in those paragraphs, yet if these goods are unloaded still, only after their unloading. The carrier shall notify the consignor and, where possible, the person to whom the goods must be delivered. The present paragraph does not apply in respect of (no longer hazardous) goods which the carrier, after the measures meant in paragraph 1 were taken, still transports to their place of destination.
- 4. The actual delivery of the goods shall be governed by what parties have agreed upon in respect of the delivery and also by the provisions of the present Section (Section 8.13.2) on the delivery of goods. In such case the Articles 8:1132, 8:1133, 8:1137 and 8:1138 shall apply accordingly.
- 5. Any stipulation (clause) in derogation from paragraph 1 or 2 of the present Article is null and void.

Article 8:1119 Waybill (consignment note)
- 1. Both, the consignor and the carrier, may draw up a document (waybill or consignment note) in regard of the transport of the relevant goods, and demand that this document or a possibly by the counterparty drafted document, is signed by their counterparty and handed over to them. The signature may be printed or replaced by a stamp or another feature of origin.
- 2. The waybill (consignment note) shall mention, in accordance with the instructions possible put thereon, the following data:
a. the consignor, in which capacity only one person may be mentioned;
b. the goods received for transport;
c. the place where the carrier has received the goods for transport;
d. the place to which the carrier shall transport the goods pursuant to his obligation to do so;
e. the consignee, in which capacity only one person may be mentioned;
f. the carrier;
g. all other information that the consignor and carrier jointly deem fit.
- 3. The particulars meant in paragraph 2, under (a) up to and including (e), shall be mentioned in the waybill (consignment note) on the basis of the data provided by the consignor. The consignor vouches that the data provided by him are correct on the moment on which the goods are received for transport. The particulars in respect of the carrier are mentioned in the waybill on the basis of the data provided by the carrier himself, and the carrier vouches for the correctness of these data.
- 4. The parties must compensate each other for the damage which they suffer from the absence of data referred to in paragraph 2.

Article 8:1120 Inspection of goods according to the specifications on the waybill
The carrier is not obliged, but nevertheless entitled, provided that this is done before the waybill (consignment note) is handed over to the consignor, to examine whether the data mentioned thereon about the goods are correct, accurate and complete. He is entitled to note his findings regarding the goods on the waybill (consignment note).

Article 8:1121 Number of waybills
Where the goods to be transported must be loaded into different vehicles or where it concerns different types of goods or separate batches (lots), the consignor as well as the carrier has the right to demand that as many waybills (consignment notes) shall be drafted as there are different vehicles to be used, or as there are different kinds of goods or different batches (lots) to be transported.

Article 8:1122 Transport letter
- 1. Unless a charter-party has been entered into between them, the carrier as well as the consignor may demand that the waybill for the goods to be transported is drawn up in the form of a ‘transport letter’*), provided that this has been made known to the other party before the relevant goods are placed at the disposal of the carrier. In that case the words ‘transport letter’ (“transportbrief” in Dutch) are put in clear readable characters on top of the front of the waybill.
- 2. The transport letter is drawn up in conformity with the requirements mentioned in Article 8:1119 and Article 8:1121.
- 3. References in the transport letter to other stipulations shall only have the effect that those stipulations are regarded to be incorporated into the transport letter, when those other stipulations are clearly knowable for the person against whom they are invoked. A person using a reference to such other stipulations may only invoke them when he has sent them, upon a written request, without delay to the person against whom they may be invoked or are invoked.
- 4. If both parties whish so, a transport letter may be drawn up too in case of a charter-party. Such transport letter must meet the requirements set under the present Article.
- 5. Null and void is any stipulation (clause) derogating from the present Article.

*) A ‘transport letter’ is a special kind of waybill with some particular effects described in four Articles of the Civil Code (Articles 8:1119, 8:1122, 8:1123, 8:1125 and 8:1128). The most important effect is that the legal relationship between the carrier on the one hand and the consignor and the consignee on the other is in principle governed by the stipulations mentioned in the transport letter, and not by any other stipulations. So the consignor and consignee may invoke the stipulations of the transport letter, even when those deviate from other agreed or accepted stipulations. However, where it concerns the legal relationship between the carrier and the consignor, another rule shall usually apply. Normally the carrier and consignor shall have entered into a contract of carriage of goods with each other, so their legal relationship will not solely be governed by the transport letter, but also by the clauses of that other contract. If such other contract exists between them, then not the stipulations of the transport letter are decisive between them, but those of the contract of carriage of goods, irrespective if they are enclosed in that contract itself or in an additional contract or result from a verbal agreement between the carrier and the consignor. Therefore, the carrier and the consignor have the possibility to enter into stipulations between themselves that are different than the ones mentioned in the transport letter. If they do so, the consignee may nevertheless invoke the stipulations of the transport letter against them, since that’s the consequence of the fact that the waybill is presented by the carrier and consignor as a ‘transport letter’. The transport letter was intended to grant more protection to consumer-consignees. In practice, however, transport letters are hardly ever used, since normal waybills are far more flexible. Finally, it has to be noticed that a transport letter (‘transportbrief’) sometimes is qualified as a waybill to which a cargo liability insurance is attached. The reason for this mistake is that the former Dutch General Transport Conditions of 1993 defined a transport letter as a waybill with an insurance. The modern version (2002) no longer does. In law the words ‘transport letter’ have never related to the question whether an insurance contract has been closed, but solely to the effect of the stipulations in the transport letter between the carrier and the consignor and especially for the consignee.

Article 8:1123 Legal relationship under an issued transport letter
- 1. If a transport letter*) has been issued, then the legal relationship between the carrier on the one hand and the consignor or the consignee on the other, shall be governed by the stipulations of that transport letter, subject, however, to paragraph 2 of the present Article.
- 2. If a contract of carriage has been concluded and if, furthermore, a transport letter has been issued in respect of the goods to be transported, then the legal relationship between the carrier and consignor shall be governed by the stipulations of the contract of carriage, and not by those of the transport letter. The transport letter then only serves them as evidence that the goods have been received (taken over) by the carrier, and this subject to Article 8:1124.

*) A ‘transport letter’ is a special kind of waybill with some particular effects described in four Articles of the Civil Code (Articles 8:1119, 8:1122, 8:1123, 8:1125 and 8:1128). The most important effect is that the legal relationship between the carrier on the one hand and the consignor and the consignee on the other is in principle governed by the stipulations mentioned in the transport letter, and not by any other stipulations. So the consignor and consignee may invoke the stipulations of the transport letter, even when those deviate from other agreed or accepted stipulations. However, where it concerns the legal relationship between the carrier and the consignor, another rule shall usually apply. Normally the carrier and consignor shall have entered into a contract of carriage of goods with each other, so their legal relationship will not solely be governed by the transport letter, but also by the clauses of that other contract. If such other contract exists between them, then not the stipulations of the transport letter are decisive between them, but those of the contract of carriage of goods, irrespective if they are enclosed in that contract itself or in an additional contract or result from a verbal agreement between the carrier and the consignor. Therefore, the carrier and the consignor have the possibility to enter into stipulations between themselves that are different than the ones mentioned in the transport letter. If they do so, the consignee may nevertheless invoke the stipulations of the transport letter against them, since that’s the consequence of the fact that the waybill is presented by the carrier and consignor as a ‘transport letter’. The transport letter was intended to grant more protection to consumer-consignees. In practice, however, transport letters are hardly ever used, since normal waybills are far more flexible. Finally, it has to be noticed that a transport letter (‘transportbrief’) sometimes is qualified as a waybill to which a cargo liability insurance is attached. The reason for this mistake is that the former Dutch General Transport Conditions of 1993 defined a transport letter as a waybill with an insurance. The modern version (2002) no longer does. In law the words ‘transport letter’ have never related to the question whether an insurance contract has been closed, but solely to the effect of the stipulations in the transport letter between the carrier and the consignor and especially for the consignee.

Article 8:1124 Evidential value of a waybill
- 1. The data regarding the goods received for transport as included in the waybill do not constitute evidence against the carrier, unless it concerns data of which the correctness can be evaluated by a diligent (prudent) carrier.
- 2. Where the waybill contains a separate statement signed by the carrier, indicating that he acknowledges the correctness of the data regarding the goods received for transport as mentioned in that statement, no counter-evidence will be allowed.
- 3. A waybill that does not mention the externally visible state or condition of the goods, does not constitute a presumption that the carrier has received the goods, as far as this is externally visible, in a good state or condition.
- 4. Notes as referred to in Article 8:1120 that are put on the waybill by the carrier, do not bind the consignor. However, where the waybill contains a separate statement signed by the carrier, indicating that he acknowledges the correctness of the data regarding the goods received for transport, no counter evidence will be allowed.

Article 8:1125 Instruction rights of the consignor
- 1. The consignor has the right to appoint himself or another person as the consignee to whom the goods must be delivered, to change a given indication of the consignee, to give or change an order in regard of the delivery of the goods received for transport or to demand the delivery of these goods, or when a transport letter has been issued of the goods mentioned thereon, prior to their arrival at the place of destination.
- 2. The performance of these instructions must be possible at the moment on which these instructions reach the person who must perform them and they may neither prevent the normal business operation of the carrier nor cause damage to the detriment of the carrier or other person with an interest in the remaining cargo. Where the last meant damage arises anyway, the consignor must compensate the damage suffered. When the vehicle has been driven to a not earlier agreed place, the consignor is obliged to pay the carrier a reasonable compensation for this.
- 3. The rights of the consignor cease to exist in accordance to the proportion that the consignee has accepted the goods at the place of unloading or in accordance to the proportion that the consignee has claimed compensation from the carrier because the latter has not delivered the goods.
- 4. Goods delivered pursuant to paragraph 1, are deemed to be goods delivered at the place of destination, and the provisions of the present Section (Section 18.13.2) about the delivery of goods as well as those of Articles 8:1132, 8:1133, 8:1137 and 8:1138, are applicable.

Article 8:1126 Right of the consignee to claim delivery when a waybill has been issued
If a waybill has been issued to the consignor, mentioning an consignee, then also this consignee has the right towards the carrier to claim the delivery of goods in conformity with the obligations incumbent upon the carrier; in such event the Articles 8:1103 up to and including 8:1108 shall apply accordingly.

Article 8:1127 Obligation of the recipient to issue a receipt of delivery
The recipient is obliged to issue a receipt of delivery in respect of the received goods immediately after the delivery of these goods .

Article 8:1128 Freightage (transport fee)
- 1. Except in case of time chartering, freightage (transport fee) is due and demandable at the moment that the carrier receives the good for transport or, when a transport letter has been issued, at the issuance thereof.
- 2. Freightage (transport fee) that is 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.
- 3. Where the consignor has not complied with the obligations imposed on him pursuant to the present Article, the carrier is entitled to postpone (withhold) the transport of the relevant goods. With authorization of the court, he is entitled to take the measures mentioned in Article 8:1132 and Article 8:1133. If he takes those measures, then the aforementioned two Articles shall apply.

Article 8:1129 Costs made en route (benevolently)
Without prejudice to Section 6.4.1, the consignor and the recipient are joint and several liable for the obligation to compensate the carrier for the damage he has suffered because he has benevolently taken on him to look after the interests of the proprietor of goods received for transport.

Article 8:1130 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, to pay these collected payments to the consignor. If he does not comply, for whatever reason, with this obligation, he must compensate the cash on delivery payments to the consignor, but if the consignor 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.
- 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 delivery, must pay to the carrier what he owes in this respect to the consignor.

Article 8:1131 Right to refuse the delivery of the goods / right of retention
- 1. The carrier may refuse to deliver the goods or documents 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 the delivery of these goods or documents, 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 or documents which, in connection with the contract of carriage, are under his control, and this to the extent to what the recipient is or will be due to him on account of the transport 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. 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 was authorized (competent) in his relation to that third person to place the goods or documents at the disposal of the carrier.

Article 8:1132 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 show up at all or refuses to take the goods over or does not take over the goods with the required speediness, or to the extent that the goods have been seized, the carrier is entitled to deposit the goods, at the expense and risk of their proprietor, in safe custody at a suitable storehouse. 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 vehicle itself, or to take other measures to this end. He must inform the consignor 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 8:1133 Sale of goods that are deposited in safe custody
- 1. Where Article 8:1132 is applicable, the carrier, the safekeeper or the person who towards the carrier is entitled to take delivery of the goods, may, upon his request, be authorized by the 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.
- 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 and of cash on delivery (C.O.D.) payments; 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 8:1134 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 person who towards the carrier is entitled to take delivery of the goods, shall mutually provide each other all reasonable facilities to make it possible to inspect the goods and to tally the packages.

Article 8:1135 Judicial inquiry into the condition of the goods at the moment of 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 state and condition in which the goods are delivered; 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 8:1136 Costs of a judicial inquiry
- 1. The costs of a judicial inquiry as referred to in Article 8:1135, must be paid by the applicant.
- 2. The court may order that these costs and the damage 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 8:1105 would be exceeded due to that.

Article 8:1137 Lost goods found again
If, within one year after the carrier has paid damages for the non-delivery of goods to the person who towards him was entitled to take delivery of the goods, it appears that those goods or some of them are still under control of the carrier or have come under his control, then the carrier must notify, by registered letter, the consignor and consignee, who has demanded so earlier by registered letter, of this fact, and the consignor or the consignee, respectively, has the right, during thirty days after the receipt of such notification, to demand delivery of these goods against settlement of the damages received by him for those goods. The same applies if the carrier has paid no damages for the non-delivery, on the understanding that the period of one year starts to run from the beginning of the day following the one on which the goods should have been delivered.

Article 8:1138 Lost goods found again when an obligation for delivery no longer exists for the carrier
Article 8:1133 applies accordingly with regard to goods received for transport which the carrier has under his control, but in respect of which he is no longer obliged under the contract of carriage to deliver them, on the understanding that, from the proceeds of the sale, the carrier must, furthermore, be paid the amount which he may have paid with respect to his liability for non-compliance with the obligations imposed in him pursuant to Articles 8:1095 and 8:1096.

Article 8:1139 [reserved for future legislation]

Section 8.13.3 Passenger transport contract for transport by road

Article 8:1140 Definition of a ‘passenger transport contract’ for transport by road
- 1. A passenger transport contract within the meaning of the present Section (Section 8.13.3) 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 road on board a vehicle, and otherwise than by rail.
- 2. A passenger transport contract as defined in Article 8:100, is not a passenger transport contract within the meaning of the present Section (Section 18.3.3).

Article 8:1141 Definition of ‘hand luggage’
- 1. Hand luggage within the meaning of the present Section (Section 8.13.3) is all luggage, including live animals, that the passenger has on or with him and that he can take with him easily by hand as portable or movable things.
- 2. Things that cannot be regarded as hand luggage may for the purpose of the provisions of the present Section (Section 8.13.3) be designated by Order in Council as hand luggage, and provisions of the present Section may be declared inapplicable by Order in Council to things which can be regarded as hand luggage.

Article 8:1142 Period of transport of passengers
- 1. Transport by road comprises only the time that the passenger remains on board the vehicle during the time that that vehicle finds itself on the road. Furthermore, it comprises the time that the passenger enters or leaves the vehicle.
- 2. In derogation from what is provided elsewhere, the transport of persons comprises for the purpose of Article 8:1148, paragraph 1, the period that the vehicle is on board of another means of transport and not on the road, but only in respect of the passenger who is on board that vehicle or who enters or leaves it.

Article 8:1143 Period of transport of luggage
- 1. The transport by road of hand luggage comprises only the time that the hand luggage remains on board the vehicle during the time that that vehicle finds itself on the road. Furthermore, it comprises the period that the hand luggage is loaded into or unloaded from the vehicle.
- 2. For luggage not being hand luggage, the transport by road comprises the period between the moment that such luggage has been taken over by the carrier and the moment that the carrier has returned it.
- 3. In derogation from what is provided elsewhere, the transport of luggage comprises for the purpose of Article 8:1150, paragraph 1, the period that the vehicle, on board of which the luggage finds itself, is on board of another means of transport and not on the road, but only in respect of luggage which is on board that vehicle or which is loaded into or unloaded from it.

Article 8:1144 Time or voyage charter
- 1. A time or voyage charter within the meaning of the present Section (Section 8.13.3.) is a passenger transport contract under which the carrier (the lessor) has engaged himself to transport on board a vehicle, which he has placed to this end in its entirety, including the driver, at the disposal of his counterparty (the charterer), whether or not on a time base (time charter or voyage charter).
- 2. Articles 8:1093, 8:1097, 8:1109, 8:1112 and 8:1113 shall apply accordingly to a charter as meant in paragraph 1.

Article 8:1145 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 vehicle with driver has been placed at the disposal of someone else for the purpose of the transport of persons on board of that vehicle.

Article 8:1146 [repealed on 01-01-1992]

Article 8:1147 Liability of the carrier in case of death or physical injury
The carrier is liable for damage caused by the death of or physical injury to a passenger due to an accident which happened to the passenger in relation to and during his transport.

Article 8:1148 Force majeure (Act of God)
- 1. The carrier is not liable for damage caused by the death of or physical injury to a passenger to the extent that the accident leading to that damage is caused by a circumstance which could not have been avoided by a diligent (prudent) carrier and to the extent that the consequences of such circumstance could not have been prevented by such diligent carrier.
- 2. Physical or mental limitations of the driver of the vehicle and a defect in or malfunctioning of the vehicle 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. Material does not include a ship (vessel), aircraft or railway car on board of which the vehicle finds itself.
- 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 contributed also to the incident.

Article 8:1149 Mandatory law
Null and void is any stipulation (clause) that is made before the accident happened to the passenger, through which the liability or burden of proof imposed on the carrier pursuant to Article 8:1147 is reduced in another way than as provided for under the present Section (Section 8.13.3).

Article 8:1150 Liability of the carrier for luggage
- 1. The carrier is liable for damage caused by total or partial loss of or damage to luggage to the extent that the damage has arisen during the transport and was caused by a circumstance which could have been avoided by a diligent (prudent) carrier or by a circumstance of which the consequences could have been prevented by such diligent (prudent) carrier. Furthermore, he is liable for damage caused by total or partial loss of or damage to hand luggage to the extent that such loss or damage has been caused by an accident which has happened to the passenger and which is for account of the carrier.
- 2. Physical or mental limitations of the driver of the vehicle and a defect in or malfunctioning of the vehicle 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. Material does not include a ship (vessel), aircraft or railway car on board of which the vehicle finds itself.
- 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. Null and void is any stipulation (clause) that is made before the loss of or damage to the luggage appeared and through which stipulation the liability or burden of proof imposed on the carrier pursuant to the present Article is reduced in another way than as provided for under the present Section (Section 8.13.3).

Article 8:1151 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 (money), 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 8:1152 No liability of the carrier for not wanted things on board
Where it concerns property that is taken on board the vehicle 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 of delivery, 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 of that property for transport or from the transport thereof itself.

Article 8:1153 Liability of the passenger
Without prejudice to Article 8:1152 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 have avoided and of which the consequences could not have been prevented by such 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 8:1154 Provisions applicable to the transport of luggage
- 1. Without prejudice to the provisions of the present Section (Section 8.13.3), the Articles 8:1095, 8:1096, 8:1103, 8:1104, 8:1114, paragraph 1, 2 and 3, 8:1115, paragraph 1, 2 and 3, 8:1116 up to and including 8:1118, 8:1129 and 8:1131 up to and including 8:1138 shall apply also to the transport of luggage. The rights granted under Article 8:8:1131 and the right granted under Article 8:1133 and Article 8:1138 through which the performance of a claim can be realised by receiving payment from the to be deposited amount for costs relating to the transport, 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 statutory provisions that in paragraph 1 have been declared applicable to their mutual relationship.

Article 8:1155 Fault or neglect of the passenger
The liability of the carrier can be entirely or partially eliminated, if the carrier proves that the fault or negligence of the passenger has caused the damage or has contributed to it.

Article 8:1156 Services rendered independently by people assisting the carrier
If persons of whose assistance the carrier makes use in the performance of his obligation, render services upon the request of the passenger, which services the carrier is not obligated to perform, then those persons are regarded to have act upon the instruction of the passenger to whom they render these services.

Article 8:1157 Limitation of the amount of liability of the carrier by Order in Council
In case of the death of or physical injury to or the delay of the passenger, and in case of loss of or damage to or a delay of his luggage, the liability of the carrier is limited to an amount or amounts to be determined by or pursuant to Order in Council.

Article 8:1158 Intent or conscious recklessness of the carrier
- 1. The carrier cannot invoke any limitation of his liability to the extent that the damage has arisen from his own act or omission (neglect), committed with the intent to cause such damage or committed recklessly and with knowledge that such damage would probably result from it.
- 2. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:1159 Valuation of the claim for damages
- 1. In case of loss of or damage to luggage, the legal claim for damages is valuated according to the circumstances.
- 2. In case of a passenger who has met with physical injury and in case of the death of a passenger, Articles 6:107 and 6:108 do not apply to the claims that the carrier, as the counterparty of another carrier, files in court against the latter.

Article 8:1160 Counterparty of the carrier guarantees the timely presence of the passenger
The counterparty of the carrier is obliged to compensate the latter for the damage he suffers because the passenger, for whatever reason, is not present in time for transport.

Article 8:1161 Counterparty of the carrier guarantees the timely presence of required documents
The counterparty of the carrier is obliged to compensate the latter for the damage he suffers because the documents with regard to the passenger, required on the part of the counterparty to perform the transport, are not, for whatever reason, adequately available.

Article 8:1162 Termination right of the carrier in case of unknown circumstances
- 1. When, before or during transport, circumstances arise or come forward on the part of the counterparty of the carrier or of the passenger, of which the carrier not ought to have been aware at the conclusion of the passenger transport contract, but which, if he had known them, reasonably would have been a reason for him not to enter into that contract or to enter into it on different terms and conditions, then the carrier has the right to terminate the passenger transport contract and to remove the passenger from the vehicle.
- 2. Such termination is effectuated by means of a verbal or written notice to the counterparty of the carrier or to the passenger, and the passenger transport contract shall end at the moment of receipt of the first received notice.
- 3. After termination of the passenger transport contract, parties must, to standards of reasonableness and fairness, compensate the damage that the other suffers as a result of the termination.

Article 8:1163 Termination right of the carrier’s counterparty in case of unknown circumstances
- 1. If, before or during the transport, circumstances arise or come forward on the part of the carrier, of which his counterparty not ought to have been aware at the conclusion of the passenger transport contract, but which, if the counterparty would have known them, reasonably would have formed a reason for him not to enter into that contract or to enter into it on different terms and conditions, then that counterparty has the right to terminate the passenger transport contract.
- 2. Such termination is effectuated by means of a verbal or written notice, and the passenger transport contract shall end at the moment of receipt of that notice.
- 3. After termination of the passenger transport contract, parties must, to standards of reasonableness and fairness, compensate the damage that the other suffers as a result of the termination

Article 8:1164 End of the passenger transport contract when the passenger does not return in time
Where the passenger, after he has left the vehicle, does not return in time, the carrier may consider the contract to be ended as of that moment.

Article 8:1165 General termination right of the carrier’s counterparty and damages
- 1. The counterparty*) of the carrier is always entitled to terminate the passenger transport contract. He then is obliged to compensate the carrier for the damage which the latter suffers as a result of this termination.
- 2. The counterparty is not able to exercise this right of termination if, as a consequence thereof, the voyage of the vehicle would be delayed.
- 3. The termination is effectuated by means of a verbal or written notice, and the passenger transport contract shall end at the moment of receipt of that notice.

*) A passenger who is not the counterparty of the carrier misses this termination right; he is only able to withdraw himself physically from the transport.

Article 8:1166 Formalities for a passage ticket and baggage receipt
- 1. Where a passage ticket, a receipt for luggage or any similar document has been issued in relation to the transport, the carrier must clearly mention therein his name and place of residence.
- 2. Any stipulation (clause) derogating from paragraph 1 of the present Article is null and void.
- 3. Articles 2:56, paragraph 2, 2:75, paragraph 1 and 2:186, paragraph 1, are not applicable

Articles 8:1167 - 8:1169 [reserved for future legislation]

Section 8.13.4 Moving service contract for household goods

Article 8:1170 Definition of a 'moving service contract'
- 1. A moving service contract within the meaning of the present Title (Title 8.13) is a contract of carriage of goods under which the carrier (the remover) has engaged himself towards the consignor (the client) to transport household goods, either exclusively within a building or dwelling, or exclusively in part in a building or dwelling and in part by road, or exclusively by road. Transport by rail is not considered as transport by road.
- 2. Household goods within the meaning of the present Title (Title 8.13) are things which find themselves in a covered (indoor) space, and which are intended and have already been used as such for the purpose of upholstering, furnishing or decorating that space, with the exception of those things which, according to common opinion, do not belong to the usual content of that space.
- 3. If parties agree that the whole of the transport by road will be governed by the whole of the legal provisions and rules which, when it would concern things other than household goods, would have governed the transport, then their contract is not regarded as a moving service contract.

Article 8:1171 Period of transport of household goods
In derogation form what is provided elsewhere, the transport of household goods by road comprises for the purpose of Article 8:1175, paragraph 2, the period that the vehicle, on board of which the household goods find themselves, is on board of another means of transport, and not on the road, but only with respect to household goods which during that period have not been unloaded from that vehicle.

Article 8:1172 Obligation to package and dismantle the household goods where necessary
The remover is obliged to package or dismantle the household goods which in view of their nature or the manner of transport should be packaged or dismantled, and to unpack or, respectively, assemble those goods at the place of destination.

Article 8:1173 Main obligation of the remover; definition of ‘delivery’
- 1. The remover must deliver the household goods at the place of destination in the condition in which these goods have been placed at his disposal for packaging or dismantling pursuant to Article 8:1172, or in the condition in which they have been placed at his disposal for transport.
- 2. A ‘delivery’ in the present Section (Section 18.23.4) means placing the household goods at the place of destination at the spot that has possibly been pointed out for that purpose, and this, in the vent that Article 8:1172 applies, after having unpacked or assembled the goods.

Article 8:1174 Completion of removal without delay
Where the removal has started, the remover is obliged, without prejudice to Article 8:1173, to complete the removal without delay.

Article 8:1175 Force majeure (Act of God)
- 1. The remover who has not complied with the obligations imposed on him pursuant to Articles 8:1173 and 8:1174, is nevertheless not liable for damage resulting therefrom to the extent that his non-compliance has been caused by a circumstance which a diligent (prudent) remover could not have avoided, and to the extent that the consequences of such circumstance could not have been prevented by such diligent (prudent) remover.
- 2. In order to release himself from his liability from the obligations imposed on him pursuant to Article 8:1173 or Article 8:1174, the remover may not invoke:
a. the defect of the vehicle used for the removal;
b. the defect of the material which he uses, unless it has been placed at his disposal by the client; material does not include a ship (vessel), aircraft or railway car on which the vehicle, used for the removal, finds itself;
c. the defect of supporting points used to attach hoisting equipment;
d. any accident happening to the household goods due to the conduct of third persons whose acts are not for account of the client.
- 3. Paragraph 1 of the present Article also applies with respect to the liability of the remover on another basis than pursuant to Articles 8:1173 or 8:1174.

Article 8:1176 Special risks
Without prejudice to Articles 8:1177 and 8:1178, the remover who did not comply with the obligations imposed on him pursuant to Articles 8:1173 and 8:1174, is nevertheless not liable for damage resulting therefrom to the extent that his non-compliance is the result of special risks connected with one or more of the following circumstances:
a. the packaging or dismantling, or the unpacking or assembling of household goods by the client or with the assistance of any person or equipment which the client, of his own motion, has placed at the disposal of the carrier for this purpose;
b. the choice made by the client – although the remover suggested to him another manner – of the way of packaging or of performing the contract of removal which differs from what is customary for the agreed removal;
c. the presence amongst the household goods of things for which the remover, if he would have been aware of their presence and nature, would have taken special measures;
d. the nature or condition of the household goods themselves which goods, in connection with that nature or condition, have been exposed to the risk of being totally or partially lost or damaged.

Article 8:1177 Legal presumption in case of special risks
When the remover proves that, taking into account the circumstances of the case, his non-compliance with the obligations imposed on him pursuant to Articles 8:1173 and 8:1174, may have been the consequence of one or more special risks mentioned in Article 8:1176, it is presumed that his non-compliance results therefrom.

Article 8:1178 Legal presumption of force majeure (Act of God)
- 1. If the remover has not complied with the obligations imposed on him pursuant to Articles 8:1173 and 8:1174, then in regard to:
a. live animals;
b. coins (money), valuable documents, jewellery, objects made from precious stones or which are otherwise valuable,
it is presumed that he has not been able to avoid the circumstance which has caused his non-compliance nor that the consequences of that circumstance could have been prevented by him, and that his non-compliance resulted from one or more of the circumstances which are for account of the remover pursuant to Article 1175, paragraph 1.
- 2. The remover cannot invoke paragraph 1, under (b), if the client has handed over to him the goods, referred to in that sub-paragraph, separately and with indication of quantity and value, before the start of the removal.

Article 8:1179 Mandatory law
- 1. Null and void is any stipulation (clause) through which the liability or burden of proof incumbent upon the remover by virtue of Article 8:1173, is reduced in another way than provided for under the present Section (Section 8.13.4).
- 2. Where it concerns household goods which, due to their character or condition justify the conclusion of a special contract, parties are at liberty, in derogation from paragraph 1, to reduce the liability or burden of proof incumbent upon the remover, but only when the stipulation is entered into explicitly and in another way than by reference to stipulations in another document and it has been made in connection with a separate written contract which has been entered into especially with regard to the intended transport of goods.

Article 8:1180 Compensation of costs of repair or damages in the event of a non-performance by the remover
To the extent that the remover is liable for non-compliance with the obligations imposed on him pursuant to Articles 8:1173 and 8:1174, the client has no other right than, at his choice, to claim payment of a reasonable amount to repair the damaged household goods, or to claim payment of an amount which is to be calculated with due observance of the value which household goods, such as those to which the moving service contract relates, would have had at the time and place where these goods have been or should have been delivered.

Article 8:1181 Decrease in value
If, pursuant to Article 8:1195, damages are indebted with respect to household goods, such debt shall be regarded as a decrease in value of those household goods.

Article 8:1182 Maximum amount of liability of the remover
To the extent that the remover is liable for non-compliance with the obligations imposed on him by virtue of Articles 8:1173 and 8:1174, he shall not be liable for more than the amounts to be set for this purpose by or pursuant to Order in Council. The amount of the damage suffered that remains for account of the client may be determined by or pursuant to that Order in Council.

Article 8:1183 Declared higher value of household goods
- 1. The client may specify in writing a value of the household goods that exceeds the maximum amount mentioned in the Order in Council referred to in Article 8:1182, provided that the remover consents with this, and against payment of an amount to be agreed upon. In such event the declared value takes the place of that maximum.
- 2. Null and void is any stipulation (clause) through which the thus declared value is set at a higher amount than the value referred to in of Article 8:1180.

Article 8:1184 Declared special interest in delivery
- 1. The client may specify in writing the amount of a special interest in delivery in the case of loss of or damage to transported household goods and in case of exceeding an agreed period for the start and ending of the removal, provided that the remover consents with this, and against payment of an amount to be agreed upon.
- 2. If it has been declared that there is a special interest in the delivery and the remover is liable for non-compliance of the obligations imposed on him pursuant to Articles 8:1173 or for exceeding an agreed period for the start and ending of the removal, then it is possible to claim, independent of the damages to be claimed on the basis of Articles 8:1180 up to and including 8:1183, extra damages equal to the proven additional damage, yet at the most to once the amount of the declared special interest in delivery.

Article 8:1185 Intent or conscious recklessness of the remover
- 1. The remover may not invoke any limitation of his liability to the extent that the damage has arisen from his own act or omission (neglect), committed either with the intent to cause such damage or committed recklessly and with the knowledge that such damage would probably result from it.
- 2. Any stipulation (clause) derogating from the present Article is null and void.

Article 8:1186 Right of termination when the remover is unable to start the removal
- 1. The client has the right to terminate the contract when the remover has notified him that he is or will be unable to start with the removal at the agreed place and time.
- 2. He may only exercise this right immediately after the receipt of such notification.
- 3. If, in the absence of a receipt of a notification as meant in paragraph 1, the client knows through another source that the remover is or cannot start with the removal at the agreed place or time, then he has the right, without any formal notice of default being necessary, to terminate the contract, but only within a reasonable period after he has become aware of this; he has the same right if, after the receipt of a notification as meant in paragraph 1, he has come to know through another source that the remover, due to other circumstances than the ones which made him give send notification, is or cannot start with the removal at the agreed place or time.
- 4. The termination shall be effectuated by a verbal or written notice, and the contract shall end at the moment of receipt thereof.
- 5. Where the remover has to compensate the damage which the client suffers as a result of the termination, then this compensation (damages) shall not be higher than the agreed removal price, except for what is provided in Article 8:1184.

Article 8:1187 Damages when the household goods are not available for the remover to be transported
The client must compensate the remover for the damage which the remover suffers because the agreed household goods are not, for whatever reason, placed at his disposal at the agreed place or time.

Article 8:1188 Right of termination of the client
- 1. As long as the household goods are not placed at the disposal of the remover, the client has the right to terminate the contract. He then must compensate the damage suffered by the remover as a result of such termination..
- 2. The termination is effected by a verbal or written notice, and the contract shall end at the moment of receipt of that notice.

Article 8:1189 Right of termination when no household goods are available to be removed
- 1. Where upon the expiration of the period within which the household goods have to placed at the disposal of the remover, no goods at all have been placed, for whatever reason, at the disposal of the remover, then the remover has the right to terminate the contract without any formal notice of default being required. The client is obliged to compensate the damage suffered by the remover as a result of such termination.
- 2. The termination is effected by a verbal or written notice, and the contract shall end at the moment of receipt of that notice.

Article 8:1190 Not all the household goods are available: obligation to remove the available goods
- 1. Where upon the expiration of period within which the household goods have to be placed at the disposal of the remover, only a part of the agreed goods have been placed, for whatever reason, at the disposal of the remover, then the remover shall nevertheless be obliged, upon the demand of the client, to move the household goods which have been placed at his disposal.
- 2. The client must compensate the damage suffered by the remover due to a situation as referred to in paragraph 1.

Article 8:1191 Information duty of the client
- 1. The client must provide the remover in time with all indications about the household 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 remover, unless he may assume that the remover already has this information.
- 2. The remover is not obliged, but nevertheless entitled to check whether the indications provided to him are correct and complete.

Article 8:1192 Provision of required documents and information
- 1. The client must compensate the remover for the damage suffered by the latter because documents or information, which according to a notification of the remover had to be provided by the client because they are required for the removal or for the fulfilment of customs or other formalities which have to be performed prior to the moment that the household goods are delivered, are, for whatever reason, not sufficiently present.
- 2. The remover 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 loss of household goods, are due pursuant to Articles 8:1180 up to and including 8:1185.
- 3. The remover is not obliged, but nevertheless entitled to check whether the information provided to him is correct and complete.
- 4. If upon the expiration of the period within which the documents and information referred to in paragraph 1 have to be present, these documents and information are not, for whatever reason, sufficiently present, then Articles 8:1189 and 8:1190 shall apply accordingly

Article 8:1193 Right of termination in case of unforeseen circumstances
- 1. When, prior to or at the moment on which the household goods are presented to be taken over by the remover, 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 moving service contract 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 effectuated by a verbal or written notice, and the contract shall end at the moment of receipt of that notice.
- 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 8:1194 Removal price
- 1. The removal price is due and demandable at the moment that the remover delivers the household goods at the place of destination.
- 2. If parties have agreed that the removal price will be paid prior to the departure of the vehicle into which the household goods have been loaded, and if the client has not performed this obligation, the remover is entitled to postpone (withhold) the transport of the relevant household goods and, with authorization of the court, may take the measures referred to in Articles 8:1197 and 8:1198. Where he takes those measures, the two aforementioned Articles shall apply.

Article 8:1195 Remover has benevolently looked after the interests of others
Without prejudice to Section 6.4.1, the client must compensate the remover for the damage the latter has suffered because he has benevolently looked after the interests of the proprietor of the household goods.

Article 8:1196 No right of retention for the remover
The remover has no right of retention on the household goods and documents which he has under his control in connection with the moving service contract.

Article 8:1197 Right of the remover to deposit the goods in safe custody of a third party
- 1. To the extent that the client does not show up at all or refuses to take the household goods over or does not take over the household goods with the required speediness, or to the extent that the household goods have been seized, the remover is entitled to deposit the household goods, at the expense and risk of their proprietor, in safe custody at a storehouse of a third person. Upon the request of the remover, the court may order that the remover is allowed to keep the household goods under his own control, if desired in the vehicle used for the removal, or to take other measures to this end. He must inform the client as soon as possible.
- 2. The third person who keeps the household goods in custody (safekeeper) and the client are legally bound to each other as if the contract concluded in regard of the deposit of the household goods in safe custody has been entered into between them as well. The safekeeper, however, is not authorized to hand over the household goods unless he has the written approval to do so of the person who has given the goods to him in safe custody.

Article 8:1198 Sale of household goods that are deposited in safe custody
- 1. Where Article 8:1197 is applicable, the remover, the safekeeper or the client, may, upon his request, be authorized by the court to sell all household goods or a part thereof in a way to be determined by the court.
- 2. The safekeeper must inform the remover as soon as possible of the intended sale; the remover has the same obligation towards the client.
- 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 remover must receive from the amounts to be deposited what is due to him on account of the removal; to the extent that his debt-claim is not yet established, the proceeds or a part thereof shall serve as security (collateral) for it, 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 household goods.

Article 8:1199 Cooperation in inspection of household goods
If there is certainty or suspicion that the household goods are (partially) lost or damaged, the remover and the client mutually shall give all reasonable facilities to each other to make it possible to inspect the household goods.

Article 8:1200 Lost household goods found again
If, within three years after the remover has paid damages for the non-delivery of household goods to the client, it appears that those household goods or some of them are still under control of the remover or have come under his control, then the remover must notify, by registered letter, the client of this fact, and the client has the right, during thirty days after the receipt of such notification, to demand delivery of these goods against settlement of the damages received by him for the goods involved. The same applies if the remover has paid no damages for the non-delivery, on the understanding that the period of three years starts to run from the beginning of the day following the one on which the goods should have been delivered.

Article 8:1201 Lost household goods that do not have to be delivered by the remover
Article 8:1198 applies accordingly with regard to household goods which the remover has under his control, but in respect of which he is no longer obliged to deliver them, on the understanding that, from the proceeds of the sale, the remover must, furthermore, be paid the amount which he may have paid with respect to his liability for non-compliance with the obligations imposed in him pursuant to Articles 8:1173 and 8:1174.

Articles 8:1202 – 8:1209 [reserved for future legislation]