Dutch Civil Code

Book 8 Transport law and means of transport

VII FINAL PROVISIONS

Title 8.20 Prescription and ceasing of legal claims (rights of action)

Section 8.20.1 General provisions

Article 8:1700 Stipulation to change statutory time limits
- 1. A stipulation (clause) through which a statutory prescription period or a period of existence of a legal claim (right of action) is changed, is regarded as a stipulation (clause) intending to change the liability of the person who has the right to invoke such period.
- 2. Except for the application of Article 8:1701, any stipulation (clause) derogating from the previous paragraph shall be null and void.

Article 8:1701 Contractual extension of statutory time limits
A period of time upon the expiration of which a legal claim (right of action) becomes prescribed or ceases to exist, may be extended by contract between the parties, provided that it is entered into after the circumstance which caused the creation of the legal claim (right of action), has occurred. In derogation from Article 8:1700, paragraph 1, such extension of a period shall not be regarded as a change in the liability of him who has the right to invoke that period.

Article 8:1702 Intentionally concealing a debt
The fact that a debtor intentionally conceals the existence of a debt from the creditor, does not affect the prescription period or the period of existence of a legal claim (right of action).

Articles 8:1703 - 8:1709 [reserved for future legislation]

Section 8.20.2 Carriage of goods

Article 8:1710 Definitions
For the purpose of Article 8:1711 and Articles 8:1713 up to and including 8:1720:
a. ‘contract of carriage’ means a contract of carriage of goods as mentioned in Sections 8.2.1, 8.5.2, 8.10.2, 8.13.2 or 8.13.4;
b. ‘carrier’ means the carrier under a contract of carriage;
c. ‘consignor’ means the consignor, the holder of a bill of lading, the consignee or the recipient under a contract of carriage;
d. ‘day of delivery’ means the day on which the goods transported or to be transported under the contract of carriage are delivered from the means of transport or, where they have not been delivered, should have been delivered under the contract of carriage, whether or not that contract has actually been performed. When, after the ending of the contract of carriage, goods are still actually delivered by the carrier, then that day of actual delivery shall be deemed to be the day of delivery. When goods are sold on the basis of Articles 8:491, 8:957, 8:1133 or 8:1198 or on the basis of any stipulation (clause) to that effect, then the day of sale shall be deemed to be the day of delivery.

Article 8:1711 Prescription period of one year
Except for the application of Articles 8:1712 and 8:1720, a legal claim (right of action) based on a contract of carriage becomes prescribed upon the expiration of one year.

Article 8:1712 Time limits in the event of a contract of carriage under a bill of lading
- 1. The carrier under a contract of carriage under a bill of lading as meant in Article 8:377, shall in any event be released from his liability with respect to the goods transported, whatever the nature of that liability, if no legal claim (right of action) has been filed within one year, which period starts to run as of the day following the day of delivery or the day on which the goods should have been delivered.
- 2. In derogation from paragraph 1, legal claims (rights of action) for recourse against a third person may be filed even after the expiration of the period meant in paragraph 1, and this during a period of three months to be calculated as of the day on which the person who has filed such legal claim for recourse, has made a settlement in regard of what was claimed from him or on which he has been sued for what is claimed from him.
- 3. The period referred to in paragraph 1 may be extended by contract between parties, entered into after the circumstance, which created the legal claim (right of action), has occurred.

Article 8:1713 Legal claims because means of transport have not been placed at the disposal
- 1. Except for the application of Article 8:1716, and in derogation from Article 8:1717, the period mentioned in Article 8:1711 shall start to run, in case of a consignor who has filed a legal claim (right of action) because the means of transport was not placed at his disposal or was not present, as of the day following the one on which the means of transport should have been placed at his disposal.
- 2. Paragraph 1 applies accordingly in the event of a legal claim (right of action), filed by a consignor against the carrier, because a home removal did not start.

Article 8:1714 Legal claims based on non-compliance with ancillary obligations
In derogation from Article 8:1717, and except for the application of Article 8:1719, the period mentioned in Article 8:1711 starts to run as of the day following the day of delivery, if it concerns a legal claim (right of action) in respect of:
a. the placement at the disposal of certain specified goods for transport or the taking delivery (reception) of certain specified goods, the provision of particulars, lists, information or documents in regard of those goods, the obligation to take care for such documents, the addressing of certain specified goods or the affixing of data to such goods or their packaging;
b. the loading, handling, stowing, restowing, transporting, unloading, storing, destroying or rendering harmless of certain specified goods, or the damage caused by such goods or the loading or unloading thereof;
c. the delivery of certain specified goods, the provision of means for inspection, verification or counting of such goods, the payment of freightage (transport fee) in regard of those goods or the payment of costs and extra compensations in connection with those goods, the compensation of damage as referred to in Articles 8:488, 8:951, 8:1129 or 8:1195 and the collection and handing over of cash on delivery payments;
d. the filling in, supplementing, dating, signing or handing in of a bill of lading, a waybill, a consignment note, a receipt for delivery or a similar document.

Article 8:1715 Legal claims in respect of material of the consignor
In derogation from Article 8:1717, and except for the application of Article 8:1719, Article 8:1714 shall apply accordingly to a legal claim (right of action) which has been filed with respect to material which has been placed or should have been placed at the disposal by or from the part of the consignor, on the understanding that, when the carrier is not obliged under the contract of carriage to return that material, the day of delivery of such material shall include the day on which such material has been placed at the disposal of the carrier.

Article 8:1716 Legal claims based on the termination of the contract of carriage
In derogation from Articles 8:1713 and 8:1717, the period mentioned in Article 8:1711 starts to run, in case of a legal claim (right of action) in respect of damage suffered due to a termination or a premature ending of the contract of carriage without any notice of termination, as of the day following the day on which the contract of carriage ended.

Article 8:1717 Legal claims based on time or voyage chartering
Except for the application of Articles 8:1713 up to and including 8:1716, 8:1718, 8:1719 and 8:1822, the period mentioned in Article 8:1711 starts to run, in case of a legal claim (right of action) based on time chartering, as of the day following the one on which the performance of the contract has ended; in case of a legal claim (right of action) based on voyage chartering, that period starts to run as of the day following the one on which the voyage, in respect of which the legal claim (right of action) has come into existence, has ended.

Article 8:1718 Legal claims based on non-compliance with information duty
In derogation from Article 8:1717, the period mentioned in Article 8:1711 starts to run, in case of a legal claim (right of action) for compensation of damage (damages) due because an obligation to notify or inform has not been complied with, as of the day following the one on which this obligation arose.

Article 8:1719 Legal claims based on loss of or damage to means of transport
In derogation from Articles 8:1714, 8:1715 and 8:1717, the period mentioned in Article 8:1711 starts to run, in case of a legal claim (right of action) filed by the carrier for compensation of damage (damages) suffered due to loss of or damage to a means of transport, as of the day following the one on which that loss or damage occurred.

Article 8:1720 Extension of time limits in case of recourse against a third party
- 1. Except for the application of Article 8:1712, a new prescription period or a new period of existence of a legal claim (right of action), of a duration of three months, shall start on behalf of the carrier or consignor, to the extent that he seeks recourse against a party to a contract of operation as referred to in Article 8:361 for what he is due to a third party, which new period shall start to run as of the day following the first of the following days:
a. the day on which the person seeking recourse has complied with the debt-claim filed against him, or;
b. the day on which the person seeking recourse has been sued in that respect;
c. the day on which the prescription period, which could be invoked by the person seeking recourse, is interrupted, or;
d. the day on which the prescription period or the period of existence of the legal claim (right of action) for which recourse is sought, has expired, where, in regard of that expiration, no account is taken of an extension of the period as possibly agreed upon between parties.
- 2. Paragraph 2 cannot have the effect that the prescription period or the period of existence of a legal claim (right of action) based on the relevant contract of operation shall expire sooner than the legal claim (right of action) for recourse that is based on that contract of operation.
- 3. For the purpose of the present Article, a contract under which one of the parties has placed a means of transport at the disposal of another party, otherwise than by way of chartering or by way of a contract as meant in Article 8:1080, paragraph 3, is deemed to be a contract of operation, and the parties to that contract are deemed to be the carrier and the consignor.

Article 8:1721 Application of the longest possible period
- 1. Where, by virtue of Articles 8:1710 up to and including 8:1720, any legal claim (right of action) becomes prescribed or ceases to exist in different periods, or where a period upon the expiration of which a legal claim (right of action) becomes prescribed or ceases to exist, starts to run as of different moments, that statutory provision shall be applicable due to which the prescription period or the period of existence of the legal claim (right of action) shall expire as last.
- 2. The previous paragraph does not affect Article 8:1712.

Article 8:1722 Time limits in case of combined carriage of goods
- 1. Articles 8:1710 up to and including 8:1721 apply to contracts of combined carriage of goods, on the understanding that consignor shall mean as well the holder of a CT-document, and the day of delivery shall mean the day of delivery under a contract of combined carriage.
- 2. If, in the event of a contract of combined carriage of goods, the person who files a legal claim (right of action) does not know where the circumstance, leading to the creation of that legal claim (right of action), has occurred, then from the relevant statutory provisions regarding a prescription or the existence of a legal claim, the one shall apply that is the most favourable to him.
- 3. Null and void is any stipulation (clause) derogating from paragraph 2 of the present Article.

Articles 8:1723 – 8:1726 [reserved for future legislation]

Article 8:1727 Legal claims in case of carriage of goods by rail
- 1. A legal claim (right of action) based on a contract of carriage by rail becomes prescribed upon the expiration of one year. De prescription period, however, is two years if the legal claim (right of action):
a. pursues the payment of cash on delivery payments collected by the carrier from the consignee;
b. pursues the payment of the sale proceeds of a sale made by the carrier;
c. is based on damage arisen from an act or omission (neglect), committed either with the intent to cause such damage, or committed recklessly with knowledge that such damage probably would result from it;
d. is based on a contract of carriage prior to the re-despetchment (reconsignment) of the goods in the situation meant in Article 8:1576.
- 2. The prescription period starts to run in regard of legal claims (rights of action):
a. for damages on account of total loss: on the thirtieth day after expiration of the period for delivery;
b. for damages on account of partial loss, damage or exceeding the period for delivery: on the day of delivery;
c. for all other claims: on the day on which the right can be asserted.
The day on which the prescription period starts to run is never included in the above mentioned periods.
- 3. In a situation where, in accordance with Article 8:1589, a debt-claim, added with the necessary pieces of evidence, has been filed in writing out of court with the debtor, the prescription period shall be suspended up to the day on which the carrier denies the debt-claim in writing and returns the added documents. In case of a partial acknowledgement of the debt-claim, the prescription period starts to run again for the part of the debt-claim that is still contested. The burden of proving that the filed debt-claim has been received or in regard of the answer and the return of documents rests on the party who invokes that. Debt-claims with the same content filed out of court later on, do not suspend the prescription period.

Articles 8:1728 – 8:1729 [reserved for future legislation]

Section 8.20.3 Special contracts of operation

Article 8:1730 Prescription period of one year
- 1. A legal claim (right of action) based on a contract as referred to in Section 8.5.4 or Section 8.10.4 becomes prescribed upon the expiration of one year.
- 2. Articles 8:1710, 8:1713 up to and including 8:1722 and 8:1750 up to and including 8:1754 apply accordingly to such contract.

Articles 8:1731 - 8:1739 [reserved for future legislation]

Section 8.20.4 Freight forwarding contract

Article 8:1740 Prescription period of nine months
- 1. Except for the application of Article 8:1741, a legal claim (right of action) based on a freight forwarding contract becomes prescribed upon the expiration of nine months.
- 2. The period referred to in paragraph 1 starts to run as of the day following the day of delivery. Article 8:1710, under (d), applies accordingly to the ascertainment of that day. Where, however, the legal claim (right of action) is based on Article 8:65 or 8:68 or on a stipulation (clause) to that effect, that period starts to run as of the day following the one on which the principal knew that the forwarder did not comply with his obligation to make notifications (statements).
- 3. Where the legal claim (right of action) is based on Articles 8:65 and 8:68, the prescription period starts to run as of the day following the one on which the freight forwarding contract ends.

Article 8:1741 Extension of time limits in case of recourse against a third party
- 1. A new prescription period or a new period of existence of a legal claim (right of action), of a duration of three months, shall start on behalf of a party to a freight forwarding contract, to the extent that he seeks recourse against his counterparty for what he (the first mentioned party) is due to a third party, which new period shall start to run as of the day following the first of the following days:
a. the day on which the person seeking recourse has complied with the debt-claim filed against him, or;
b. the day on which the person seeking recourse has been sued in that respect;
c. the day on which the prescription period, which could be invoked by the person seeking recourse, is interrupted, or;
d. the day on which the prescription period or the period of existence of the legal claim (right of action) for which recourse is sought, has expired, where, in regard of that expiration, no account is taken of an extension of the period as possibly agreed upon between parties.
- 2. Paragraph 2 cannot have the effect that the prescription period or the period of existence of a legal claim (right of action) based on the relevant freight forwarding contract shall expire sooner than the legal claim (right of action) for recourse that is based on that freight forwarding contract.

Articles 8:1742 – 8:1749 [reserved for future legislation]

Section 8.20.5 Transport of passengers

Article 8:1750 Legal claims based on a passenger transport contract other than in case of death or physical injury
- 1. Except for the application of Articles 8:1751 up to and including 8:1754, a legal claim (right of action) based on a passenger transport contract as mentioned in Sections 8.2.4, 8.2.5, 8.10.3 and 8.13.3 becomes prescribed upon the expiration of one year, which period starts to run as of the day following the one on which the passenger has left or should have left the means of transport.
- 2. In derogation from paragraph 1, Articles 8:1710 up to and including 7:1722 shall apply accordingly to a legal claim (right of action) in regard of the transport of luggage, not being cabin or hand luggage within the meaning of Articles 8:100, 8:500, 8:970 or 8:1140, and not being a vehicle, ship, vessel or live animal that has been accepted as luggage to be transported.

Article 8:1750a Legal claims for damages based on transport of passengers on board of a seagoing ship*)
- 1. Every legal claim (right of action) for compensation of damage based on Section 8.5.3, that results from the death of or physical injury to a passenger, or from the loss of or damage to luggage, becomes prescribed after a period of two years.
- 2. The prescription period starts to run:
a. in case of physical injury, as of the day of deboarding of the passenger;
b. in case of death during the voyage, as of the day on which the passenger should have deboarded and, in case of physical injury incurred during the voyage that has lead to the death of the passenger after he has deboarded, as of the date of his death; de prescription period, however, may not be longer than three years to be calculated as of the date of deboarding;
c. in case of loss of or damage to luggage, as of the date of deboarding or the date on which the deboarding should have happened, on the understanding that the latest of both dates may be taken into account.
- 3. An extension or interruption of the prescription period has not the effect that a legal claim (right of action) based on Section 8.5.3 can be filed after the expiration of one of the following periods:
a. a period of five years to be calculated as of the date of deboarding of the passenger or as of the date on which that deboarding should have happened, on the understanding that the latest of both dates may be taken into account;
b. a period of three years to be calculated as of the date on which the plaintiff had knowledge or reasonably ought to have knowledge of the physical injury, loss or damage caused by the incident.
- 4. Despite the provisions of paragraph 1, 2 and 3 of the present Article, the prescription period may be extended on the basis of a declaration of the carrier or by an agreement entered into between parties after the legal ground for the claim had arisen.

*) In force as of 31-12-1012

Article 8:1751 Legal claims in regard of death or physical injury
- 1. A legal claim (right of action) against the carrier in regard of physical injury to a passenger, becomes prescribed upon the expiration of three years, which period starts to run as of the day following the day of the incident or accident that happened to the passenger.
- 2. A legal claim (right of action) against the carrier in regard of the death of a passenger, becomes prescribed upon the expiration of three years, which period starts to run as of the day following the day on which the passenger died, but which cannot be longer than five years starting as of the day following the one on which the incident or accident happened to the passenger.

Article 8:1752 Legal claim based on chartering with respect to the transport of passengers
In case of chartering with the purpose of transporting passengers, Article 8:1713, paragraph 1, Articles 8:1716 up to and including 8:1719 and Article 8:1781 shall apply accordingly.

Article 8:1753 Ceasing of a legal claim when no timely compliant has been made
- 1. A legal claim (right of action) against the carrier in regard of the death of or damage to a passenger or in regard of cabin or hand luggage within the meaning of Article 8:100, 8:500, 8:970 or 8:1141 or in regard of a vehicle, ship, vessel or living animal accepted as luggage to be transported, ceases to exist if the proprietor has not within three months reported to the carrier that an incident or accident has happened to the passenger.
- 2. The period of three months mentioned in paragraph 1 starts to run as of the day following the one of the incident or accident.
- 3. Paragraph 1 remains inapplicable if:
a. the proprietor has submitted his debt-claim in writing with the carrier within the period mentioned in paragraph 1;
b. the incident or accident is caused by fault of the carrier;
c. the incident or accident has not been reported or not within the period mentioned in paragraph 1 due to a circumstance which is not for account of the person suffering damage;
d. the carrier has obtained knowledge within the period mentioned in paragraph 1 of the incident or accident on account of another source.
- 4. For the purpose of the present Article, a circumstance as meant in Articles 8:106, paragraph 1, under (b), 8:505, 8:975 and 8:1150 is deemed to be an incident or accident that happened to the passenger.

Article 8:1754 Extension of time limits in case of recourse against a third party
- 1. A new prescription period or a new period of existence of a legal claim (right of action), of a duration of three months, shall start on behalf of a carrier who transports passengers, the counterparty of such carrier or a passenger, to the extent that he seeks recourse against a party to a contract of operation as referred to in Article 8:361 or against a passenger for what he is due to a third party, which new period shall start to run as of the day following the first of the following days:
a. the day on which the person seeking recourse has complied with the debt-claim filed against him, or;
b. the day on which the person seeking recourse has been sued in that respect;
c. the day on which the prescription period, which could be invoked by the person seeking recourse, is interrupted, or;
d. the day on which the prescription period or the period of existence of the legal claim (right of action) for which recourse is sought, has expired, where, in regard of that expiration, no account is taken of an extension of the period as possibly agreed upon between parties.
- 2. Paragraph 1 cannot have the effect that the prescription period or the period of existence of a legal claim (right of action) based on the relevant contract of operation shall expire sooner than the legal claim (right of action) for recourse that is based on that contract of operation.
- 3. For the purpose of the present Article, a contract under which one of the parties has placed a means of transport at the disposal of another party, otherwise than by way of chartering or by way of a contract as meant in Article 8:1080, paragraph 3, is deemed to be a contract of operation, and the parties to that contract are deemed to be the carrier and consignor.

Articles 8:1755 – 8:1759 [reserved for future legislation]

Section 8.20.6 Travel contract

Articles 8:1760 – 8:1769 [reserved for future legislation]

Section 8.20.7 Shipowners Society

Article 8:1770 Prescription period of five years for internal legal claims
A legal claim (right of action) between the members of a Shipowners Society as such and between those members and the bookkeeper as such, becomes prescribed upon the expiration of five years.

Articles 8:1771 - 8:1779 [reserved for future legislation]

Section 8.20.8 Legal claims against the captain or the master

Article 8:1780 Prescription period of two years
- 1. A legal claim (right of action) against a captain or master in regard of damage caused by him in the performance of his work, becomes prescribed upon the expiration of two years, which period starts to run as of the day following the day on which the incident that caused the damage has occurred.
- 2. Paragraph 1 does not apply to legal claims (rights of action) of the employer of the captain or master.

Articles 8:1781 – 8:1789 [reserved for future legislation]

Section 8.20.9 Collision

Article 8:1790 Legal claim because of damage due to a collision of a seagoing ship
A legal claim (right of action) for compensation of damage caused by an incident as meant in Section 8.6.1, becomes prescribed, if it is not based on a contract, upon the expiration of two years, which period starts to run as of the day following the day of the incident.

Article 8:1791 Legal claim for recourse for surplus
A legal claim (right of action) for recourse for a surplus as meant in Article 8:545, paragraph 3, becomes prescribed upon the expiration of one year, which period starts to run as of the day following the one on which the payment of the surplus has been made.

Article 8:1792 Statutory extension of prescription period
- 1. The prescription period mentioned in Article 8:1790 shall be extended with the days during which the ship that is deemed to be liable could not be seized (arrested) within the State where the creditor resides or where the main office of his enterprise is seated, on the understanding, however, that:
a. if the ship can be seized (arrested) within the period set in Article 8:1790, this period shall be extended with not more than three months;
b. if the ship cannot be seized (arrested) within the period set in Article 8:1790, this period shall end as of the day following the one on which three months have expired since the first moment that such seizure (arrest) was possible, and in any event as of the day following the one on which five months have expired since the time of the incident meant in Section 8.6.1.
- 2. Where a legal claim (right of action) is filed before the day following the one on which five years have expired since the time of the incident meant in Section 8.6.1, it is presumed that the ship which is deemed to be liable could not be seized (arrested) earlier in the State where the creditor resides or where the main office of his enterprise is seated.
- 3. In the application of the present Article no account is taken of an extension of the period set in Article 8:1790 as possibly agreed upon by parties.

Article 8:1793 Prescription period for non-contractual legal claims (inland navigation vessel)
A legal claim (right of action) for compensation of damage caused by an incident as meant in Section 8.11.1, that is not based on a contract, becomes prescribed upon the expiration of two years, which period starts to run as of the day following the day of that incident.

Article 8:1794 Prescription period for recourse for surplus (inland navigation vessels)
- 1. A legal claim (right of action) for recourse for a surplus as meant in Article 8:1006, paragraph 3, becomes prescribed upon the expiration of one year.
- 2. This prescription period starts to run as of the day following the one on which the amount for which the liability is joint and several has been assessed. If such assessment has not taken place, that prescription period starts to run as of the day following the one on which the payment was made that gave rise to the recourse. Where the legal claim (right of action) relates to the apportionment of the share of an insolvent co-debtor, that prescription period, however, starts to run as of the day following the one on which the proprietor has become aware of the insolvency of his co-debtor.

Articles 8:1795 - 8:1819 [reserved for future legislation]

Section 8.20.10 Assistance (salvage)

Article 8:1820 Prescription period of two years
- 1. A legal claim (right of action) in regard of a payment as meant in Article 8:551, under (e), becomes prescribed upon the expiration of two years, which period starts to run as of the day on which the rendering of assistance (salvage) has ended.
- 2. Without prejudice to what is provided in Article 8:1701, the period meant in paragraph 1 may be extended by a declaration of the person who may invoke the prescription, given after the circumstance, which caused the creation of the legal claim (right of action), has occurred.
- 3. In derogation from paragraph 1, legal claims (rights of action) for recourse against a third person may be filed even after the expiration of the period meant in paragraph 1 during a period of three months, to be calculated as of the day on which the person who files such a legal claim for recourse has made a settlement in regard of what was claimed from him or on which he has been sued for what is claimed from him.

Article 8:1821 [repealed on 10-12-1998]

Article 8:1822 [repealed on 10-12-1998]

Article 8:1823 [repealed on 10-12-1998]

Articles 8:1824– 8:1829 [reserved for future legislation]

Section 8.20.11 General average

Article 8:1830 Legal claim for calculation and apportionment of general average
- 1. A legal claim (right of action) for the calculation and apportionment of general average and for the appointment of an official calculator of general average in this respect, becomes prescribed upon the expiration of one year.
- 2. The prescription period starts to run as of the day following the day on which the enterprise has ended*)
- 3. If the general average consists entirely or partially of a reward for salvage assistance and the legal claim (right of action) for payment of that reward is filed within the period set for this purpose in Article 8:1820 and 8:1823**), yet it has been filed after the expiration of a period of nine months, to be calculated as of the day following the one on which the period meant in paragraph 1 starts to run, then the legal claims (rights of action) mentioned in paragraph 1 shall only become prescribed upon the expiration of a period of three months, which period starts to run as of the day following the one on which the legal claim for payment of the reward for salvage assistance has been filed.

*) This means the day when all cargo which may called up to contribute to the general average, has been delivered.
**) The legislator has neglected to delete the reference to Article 8:1823, which Article has been repealed since 1998.

Article 8:1831 Legal claim to request a ratification or revision of the report of the official calculator
The right to request for a ratification or revision of the calculation and apportionment of general average ceases to exist upon the expiration of six years, which period starts to run as of the day following the one on which the report made by the official calculator of general average or an extract thereof has been notified to the interested persons.

Article 8:1832 Legal claim for a contribution in general average
- 1. A legal claim (right of action) for payment of a contribution in general average becomes prescribed upon the expiration of one year.
- 2. This prescription period starts to run as of the day following the one on which the report made by the official calculator of general average or an extract thereof or, where a request has been made for the revision of that report, the new report made on account thereof or an extract therefrom, has been notified to parties, or it has been notified to parties that this report is deposited for inspection at the clerk’s office of the District Court, but in case of a ratification only as of the day following the one on which that report was ratified by an irrevocable court order.

Section 8.20.12 Hazardous substances on board of a seagoing ship, an inland navigation vessel, a vehicle or a railway vehicle

Article 8:1833 Legal claim for damages in regard of hazardous substances
A legal claim (right of action) for compensation of damage based on Sections 8.6.4, 8.11.4, 8.14.1 and 8.19.4 becomes prescribed upon the expiration of three years as of the day following the one on which the person suffering damage had knowledge or reasonably ought to have knowledge of the damage and of the person liable for it, and in any event upon the expiration of ten years after the incident, which caused the damage, has occurred. Where the incident consists of a series of occurrences having the same origin, the prescription period of ten years starts to run as of the day on which the last of these circumstances occurred.

Article 8:1833a Legal claim in regard of bunker oil pollution damage
A legal claim (right of action) for compensation of damage based on Section 8.6.5 becomes prescribed upon the expiration of three years as of the beginning of the day on which the damage arose, and in any event upon the expiration of six years after the incident which caused that damage. Where the incident consists of a series of occurrences having the same origin, the prescription period of six years starts to run as of the day on which the first of these circumstances occurred.

Section 8.20.13 Air law

Article 8:1834 Ceasing of legal claims when no timely complaint has been made
- 1. A legal claim (right of action) against an air carrier in regard of damage to checked luggage or other goods (things) ceases to exist if the proprietor thereof has not, without delay after discovering the damage, and in any event, where it concerns checked luggage, within a period of seven days, and where it concerns other goods (things), within a period of fourteen days, made a complaint to the carrier. This period starts to run as of the day following the one on which the goods have been taken over.
- 2. A legal claim (right of action) against an air carrier in regard of a delay in the transport of luggage or other goods (things), ceases to exist if the proprietor thereof has not made a complaint to the carrier within a period of twenty-one days. This period starts to run as of the day following the day on which the luggage or other goods (things) have been placed at his disposal.
- 3. Every complaint must be made by means of a written reservation placed on the air transport ticket or by any other document send within the period for making a complaint.
- 4. Paragraph 1 and 2 do not apply in case of fraud practiced by the air carrier.
- 5. ‘Days’ within the meaning of the present Article are no working days, but calendar days.

Article 8:1835 General time limit of two years for existence of a legal claim
Every legal claim (right of action) in regard of a contract of carriage by air, including an air passenger transport contract, ceases to exist upon the expiration of two years, which period starts to run as of the day following the one of the arrival of the aircraft at destination or as of the day on which the aircraft ought to have arrived or of the interruption of the air transport.

Article 8:1836 Time limits in case of combined carriage of goods
- 1. If, in case of a contract of combined carriage of goods, the person who files the legal claim (right of action) does not know where the circumstance, which lead to the legal claim, has occurred, then from the relevant statutory provisions on prescription and the existence of legal claims (rights of actions), the one that is most favourable to him shall be applied.
- 2. Any stipulation (clause) derogating from paragraph 1 of the present Article is null and void.

General final provision
- 1. The General Act on Time Periods does not apply to periods set under Sections 8.5.2, 8.5.4, 8.10.2 and 8.10.4.
- 2. For the purpose of the Sections mentioned in paragraph 1, a ‘day’ shall mean all calendar days, to the exclusion of Sundays, New Year’s Day, the second days of Christian Easter and Whitsun, both Christmas Days, Ascension Day and the day on which the birthday of the King or Queen is celebrated.