Dutch Civil Code

Book 8 Transport law and means of transport

I GENERAL PROVISIONS

Title 8.2 General provisions relating to transport

Section 8.2.1 Contract of carriage of goods

Article 8:20 Definition of a ‘contract of carriage’
A ‘contract of carriage of goods’ is a contract under which one of the parties (the carrier) has engaged himself towards the other party (the consignor) to transport goods (things).

Article 8:21 Principle obligation of the carrier
The carrier must deliver the goods he has received for transport at the place of destination, and this in the condition in which he has received them for transport.

Article 8:22 Delay
Without prejudice to Article 8:21, the carrier must transport the goods he has received for transport without delay.

Article 8:23 Force majeure
The carrier is not liable for damages as far as these are caused by circumstances that could not be avoided by a diligent (prudent) carrier and as far as such diligent carrier could not have prevented the consequences of these circumstances.

Article 8:24 Obligation of the consignor
The consignor must compensate the carrier for the damage which the carrier suffers because the agreed goods have not been placed at his disposal at the agreed time and place, regardless the reason thereof.

Article 8:25 Termination right of the consignor
- 1. As long as the goods have not been placed at the disposal of the carrier, the consignor is entitled to terminate the contract. The consignor then must compensate the carrier for the damage which the carrier suffers as a result of the termination.
- 2. Such termination is effected by means of a verbal or written notice, and the contract shall end at the moment of receipt of that notice.

Article 8:26 Information duty of the consignor
The consignor must provide the carrier in time with all information 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 this information is of importance for the carrier, unless he may assume that the carrier already has this information.

Article 8:27 Liability for not providing the necessary documents
The consignor must compensate the carrier for the damage which the carrier suffers because the documents, required on the part of the consignor to perform the transport, are, for whatever reason, not adequately available.

Article 8:28 Grounds for termination of the contract
- 1. When, prior to or at the moment on which the goods are handed over to the carrier, circumstances arise or emerge on the part of one of the parties, of which the counterparty not ought to have been aware at the conclusion of the contract, but which, if he would have been aware of them, reasonably would have been a reason for him not to enter into the contract of carriage or to enter into it on different terms and conditions, then this counterparty has the right to terminate that contract.
- 2. Such termination is effected by means of 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 8:29 Freightage
The freightage (charge for carriage or transport) is indebted (due and demandable) after delivery of the goods at the place of destination.

Article 8:30 Carrier’s right of retention
- 1. The carrier is entitled to withhold delivery of the goods which, in connection with the contract of carriage, are under his control; he may exercise this right against everyone who, other than on account of the contract of carriage, has a right to take delivery of the goods, unless the goods have been seized (arrested) and from the pursuance of that seizure (arrest) results an obligation to hand over the goods to the seizor.
- 2. The carrier may exercise his right of retention with regard to goods which, in connection with the contract of carriage, are under his control, and this to the extent of what is or will be indebted to him by the consignee (recipient) on account of the transport of those goods. He may also exercise this right for what is incumbent on him by way of ‘cash on delivery’ (C.O.D). This right of retention 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 for the payment of the disputed amounts or of amounts of which the total cannot yet be determined. The carrier, however, does not have to accept security (collateral) for what is incumbent on him by way of ‘cash on delivery’ (C.O.D).
- 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 authorised (competent), in his relation to that third person, to place the goods at the disposal of the carrier.

Article 8:31 Liability on another legal ground than the contract
When the carrier or the consignor, or a subordinate of one of them, is held liable (responsible) for damages on another legal ground than the contract of carriage, then Articles 8:361 up to and including 8:366 shall apply accordingly.

Article 8:32 Application of Section 8.2.1 limited to not elsewhere specified contracts of carriage
The present Section (Section 8.2.1) shall only apply to contracts of carriage that are not elsewhere specified in the present Book (Book 8).

[Articles 8:33 - 8:39 reserved for future legislation]

Section 8.2.2 Contract of combined carriage of goods

Article 8:40 Definition of a ‘contract of combined carriage of goods’
A contract of combined carriage of goods is the contract of carriage whereby the carrier (combined carrier) engages himself under one single contract towards the consignor to perform the transport in part by sea, inland waterway, road, railway, air, pipeline or by means of any other mode of transport.

Article 8:41 Law applicable to a contract of combined carriage
In the event of a contract of combined carriage, each part of the transport shall be governed by the rules of law applicable to that part.

Article 8:42 Liability of the combined carrier
- 1. When the combined carrier does not deliver the goods without delay at the place of destination in the condition in which he has received them, and it has not been established where the event occurred that has caused the loss, damage or delay, then the carrier is liable for the damage resulting therefrom, unless he proves that he is not liable for any of the parts of the transport where the loss, damage or delay may have occurred.
- 2. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:43 Maximum indemnity
- 1. If the combined carrier is liable for damage caused by damage, total or partial loss, delay or any other event causing damage to the goods, and it has not been established where the event occurred that has lead thereto, then his liability is determined according to the rules of law applicable to the part or parts of the transport where that event may have occurred and from which results the highest amount of damages.
- 2. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:44 CT-document
- 1. Upon the request of the consignor expressed before the goods are placed at the disposal of the carrier, the carrier may draw up a transport document (Combined Transport-document or CT-document) that is dated and signed by him and that will be issued to the consignor. The signature may be printed or may be replaced by a stamp or any other characteristic of the origin.
- 2. The CT-document shall contain the following particulars:
a. the consignor,
b. the goods received for transport with a description of the common nature thereof according to their generally recognized description;
c. one or more of the following data regarding the goods referred to under (b):
1°. quantity;
2°. gross weight,
3°. volume,
4°. brand name;
d. the place where the combined carrier has received the goods for transport;
e. the place accepted by the combined carrier as the place to which the goods will be transported;
f. the (name and address of the) consignee who, at the discretion of the consignor, is indicated either by name or other indication, or by order of the consignor or of someone else, or by bearer. The single words “to order" are deemed to indicate the order of the consignor in this respect;
g. the (name and address of the) combined carrier;
h. the number of original prints of the document if more than one original print is issued;
i. other data which the combined carrier and consignor both regard useful.
- 3. The particulars meant in paragraph 2, under (a) up to and including (c), are mentioned in the CT-document on the basis of data provided by the consignor, on the understanding that the combined carrier is not required to disclose or mention any data in the CT-document for goods with regard to which he has reasonable grounds to presume that the data do not describe the goods which he actually received or for goods with regard to which he had no reasonable opportunity to check them. The combined carrier is presumed to have had no reasonable opportunity to check the quantity and gross weight of goods were these were deposited (dumped) or pumped over. The consignor guarantees that the data provided by him are correct on the moment on which the goods are received by the carrier.
- 4. The carrier and consignor are obliged towards each other to compensate the damage they suffer due to a lack of one or more of the data required pursuant to paragraph 2.

Article 8:45 Negotiable original prints of the CT-document
The negotiable original prints of the CT-document indicating how many of these original prints have been issued on the whole, apply all for one and one for all. Not negotiable original prints must be indicated as such.

Article 8:46 CT-document as bill of lading, consignment note or air waybill
- 1. For the part of the transport that, in accordance with the contract between the parties, will take place by sea or inland waterway, the CT-document is deemed to be a bill of lading.
- 2. For the part of the transport that, in accordance with the contract between the parties, will take place by road, the CT-document is deemed to be a consignment note.
- 3. For the part of the transport that, in accordance with the contract between the parties, will take place by railway or air, the CT-document is deemed to be, as far as it concerns these modes of transport, a rail consignment note or, respectively, an air waybill, provided that it meets also the requirements set for this purpose.

Article 8:47 Contract of combined carriage precedes IC-document
If a contract of combined carriage of goods has been concluded and, in addition, a CT-document has been issued, then the legal relationship between the combined carrier and consignor shall be governed by the terms and conditions of the contract of combined carriage of goods, and not by those of the CT-document, except for what is provided in Article 8:51, paragraph 2, second sentence. Except for the requirement set out in Article 8:51, paragraph 1, with regard to the holder of the CT-document, that CT-document then shall only serve as proof that the goods have been received by the combined carrier.

Article 8:48 Evidential (probative) value of the CT-document
- 1. The CT-document shall prove, subject to counter-evidence (proof of the contrary), that the combined carrier has received the goods, and this as they are described in the CT-document. Counter-evidence against the CT-document is not admissible where that document has been transferred to a bona fide third person (person acting in good faith).
- 2. If the CT-document includes the clause "nature, weight, quantity (number), volume or brand unknown" or any other clause of such purport, then other statements about these particulars of the goods, laid down in the CT-document, do not bind the combined carrier, unless it is proven that he knew or ought to have known the nature, weight, quantity (number), volume or brand of the goods.
- 3. A CT-document that does not mention the externally visible state or condition of the goods constitutes the legal presumption that the combined carrier has received those goods, as far as externally visible, in good state and in good condition, subject to counter-evidence which may be produced also against a bona fide third person (person acting in good faith).
- 4. A statement in the CT-document about the value of the goods constitutes, subject to counter-evidence, a legal presumption, but does not bind the combined carrier who successfully challenges it.
- 5. References in the CT-document to stipulations (clauses) elsewhere shall be deemed to insert only those stipulations (clauses) into the CT-document that are clearly recognizable for the person against whom an appeal to these stipulations (clauses) is made. Such an appeal can be made only by him who, upon the written request of the person against whom that appeal is or can be made, has immediately forwarded (sent) the involved stipulations (clauses) to that person.
- 6. The present Article is without prejudice to provisions granting a greater evidential (probative) value to a bill of lading, consignment note or (air) waybill.
- 7. Any stipulation (clause) in derogation from paragraph 5 of the present Article is null and void.

Article 8:49 CT-document to order
A CT-document to order shall be delivered in the manner set out in Section 3.4.2 of the Civil Code.

Article 8:50 Delivery of a CT-document
Delivery of the CT-document prior to the delivery of the goods mentioned therein by the carrier, is deemed to be the delivery of the goods.

Article 8:51 Authentication of the holder of the CT-document
- 1. If a CT-document has been issued, only the regular holder*) thereof is towards the combined carrier entitled to claim delivery of the goods in agreement with the obligations imposed on the combined carrier, unless that holder has not lawfully become the holder of the document. Without prejudice to this right of delivery, only such holder – and no one else – is entitled to claim damages as far as the combined carrier is liable for not performing his obligation to deliver the goods without delay at the place of destination in the condition in which he received them.
- 2. Towards the holder of the CT-document who is not the consignor, the combined carrier is bound by the stipulations (clauses) in the CT-document and he may invoke these stipulations (clauses) against him. He may exercise, against any holder of the CT-document, the rights to payment that are clearly recognizable from that CT-document. Furthermore, the combined carrier may invoke, against the holder of the CT-document who is the consignor as well, the stipulations (clauses) arising from the contract of combined carriage of goods and he may appeal to his personal relationship to the consignor.

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

Article 8:52 Holders of different original prints of the CT-document
When there are more holders of different original prints of the same CT-document, the following holder shall have the best right: the holder who holds the original print of which someone else, immediately after the common preceding endorser who was the holder of all these original prints, as first became the holder and, when obtaining that original print, acted in good faith and paid a consideration for obtaining it (non-gratuitous acquirement).

[Articles 8:53 - 8:59 reserved for future legislation]

Section 8.2.3 Freight forwarding contract

Article 8:60 Definition of a ‘freight forwarding contract’
A ‘freight forwarding contract’ is a contract under which one of the parties (the forwarder) has engaged himself towards his counterparty (the principal) to conclude on behalf of him one or more contracts of carriage of goods with a carrier in respect of goods which that counterparty has placed at the disposal of the forwarder, or to make on behalf of that counterparty one or more stipulations (clauses) in one or more of such contracts of carriage of goods.

Article 8:61 Forwarder concludes the contract of carriage with himself
- 1. To the extent that the forwarder himself performs the contract of carriage of goods that he was expected to conclude on behalf of his principal with someone else, he shall be deemed to be the carrier pursuant to that contract.
- 2. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:62 Information duty of the forwarder
- 1. If the goods are not delivered without delay at the place of destination in the condition in which they were placed at the disposal of the forwarder, then the forwarder is obliged, insofar as he himself has performed the contract of carriage of goods which he was expected to conclude with someone else, to disclose immediately to the principal that he has performed that contract himself as soon as the principal has notified him of any damage.
- 2. If the forwarder has not made the disclosure referred to in paragraph 1, with the result that he has not been held liable in time as carrier, then he is obliged to pay, in addition to a compensation for damage which the principal has suffered furthermore, an indemnity equal to the damages which he would have had to pay if he would have been held liable in time as carrier.
- 3. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:63 Obligations of the forwarder
- 1. If the goods are not delivered without delay at the place of destination in the condition in which they were placed at the disposal of the forwarder, then the forwarder is obliged, insofar as he himself has not performed the contract of carriage of goods which he was expected to conclude with someone else, to disclose immediately to the principal which contracts of carriage of goods he has entered into in the performance of his obligation [e.g. the obligation towards that principal resulting from the freight forwarding contract]. He is obliged also to place all documents and data, which are in his possession or which reasonably can be provided by him, at the disposal of the principal, at least to the extent that these documents and data can be used to claim a compensation for the damage suffered.
- 2. The rights and powers which the principal would have had if he himself would have entered as consignor into the contract of carriage of goods, shall be acquired by him towards the person with whom the forwarder has acted, and this as of the moment on which the principal has clearly expressed to the forwarder that he wants to exercise these rights and powers. The principal is entitled to take legal actions to the point thereof when he submits a statement to be issued by the forwarder or, in case that the latter is bankrupt, to be issued by the bankrupt liquidator, indicating that a freight forwarding contract has been concluded between him (the principal) and the forwarder in respect of the goods. Where the forwarder is subjected to the Debt Repayment Scheme for Natural Persons, the legal administrator shall issue the before meant statement, unless the freight forwarding contract has come about after the court order for the application of the Debt Repayment Scheme for Natural Persons*).
- 3. If the forwarder does not comply with one of the obligations referred to in paragraph 1, then he is obliged to pay, in addition to a compensation for damage which the principal has suffered furthermore, an indemnity equal to the damages which the principal could have claimed from the forwarder if the forwarder himself would have performed the contract of carriage of goods which he has concluded with someone else, reduced with the damages which the principal may have received from the carrier.
- 4. Any stipulation (clause) in derogation from the present Article is null and void.

*) Paragraph 3 refers to the situation where the forwarder cannot pay his debts, has gone bankrupt or is falling under the Debt Repayment Scheme for Natural Persons, although he has a debt-claim against the carrier that, in the end, should benefit the principal. The principal has no contractual relationship with the carrier, since the forwarder has concluded the contract of carriage of goods in his own name with that carrier. This means that the principal has no direct debt-claim against the carrier, not even for what the carrier is indebted to the forwarder as a result of the contract of carriage which the forwarder has concluded with the carrier due to the freight forwarding contract with the principal. When the forwarder would go bankrupt, the bankruptcy liquidator could demand, on behalf of the creditors of the bankrupt forwarder, delivery of what the carrier is indebted to the forwarder. The principal would only have an unsecured debt-claim against the forwarder, which he would have to present to the bankruptcy liquidator. In general, he would not receive more than 10% of the value of that debt-claim out of the bankruptcy estate. Paragraph 3 enables the principal to acquire a direct debt-claim against the carrier, going beyond the bankruptcy estate of the forwarder. In the same way paragraph 3 makes it possible for the principal to ignore a pledge of the bank on the entire property of the forwarder, including on his debt-claim against the carrier.

Article 8:64 Obligations of the principal
The principle is obliged to compensate the damage which the forwarder suffers because the agreed goods are not placed at the disposal of the agreed person at the agreed place and time, irrespective of the reason which has caused this.

Article 8:65 Right of termination of the principal
- 1. As long as the goods have not been placed at the disposal of the forwarder [including any other agreed person], the principal is entitled to terminate the contract. He must then compensate the forwarder for the damage which the forwarder suffers as a result of the termination.
- 2. Such termination is effected by means of a written notice, and the contract shall end at the moment of receipt of that notice.

Article 8:66 Information duty of the principal
- 1. The principal must provide the forwarder in time with all information 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 this information is of importance for the forwarder, unless he may assume that the forwarder already has this information.
- 2. The forwarder is not obliged, but entitled to investigate whether the information that was provided to him, is correct and complete.

Article 8:67 Liability for not providing the necessary documents
The principal must compensate the forwarder for the damage which the forwarder suffers because the documents, required on the part of the principal to

Article 8:68 Grounds for termination of the contract
- 1. When, prior to or at the moment on which the goods are handed over to the forwarder [or other agreed person], 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 or to enter into it on different terms and conditions, then this counterparty has the right to terminate that contract.
- 2. Such termination is effected by means of a 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 8:69 Forwarder’s right of retention
- 1. The forwarder is entitled to withhold delivery of goods or documents that are, in connection with the contract, under his control; he may exercise this right against everyone who, other than on account of the freight forwarding contract, has a right to take delivery of the involved goods and documents, unless these goods and documents have been seized (arrested) and from that seizure (arrest) results an obligation to hand over the involved goods or documents to the seizor.
- 2. The forwarder may exercise his right of retention with regard to goods or documents that are, in connection with the contract, under his control, and this to the extent of what the principal is or will be indebted to him on account of the freight forwarding contract. He may exercise this right as well for what is incumbent on him by way of ‘cash on delivery’ (C.O.D.). This right of retention ceases to exist as soon as the forwarder has received payment of the amount not in dispute and, in addition, sufficient security (collateral) has been provided for the payment of the disputed amounts or of amounts of which the total cannot be determined yet. The forwarder, however, does not have to accept security (collateral) for what is incumbent on him by way of ‘cash on delivery’ (C.O.D).
- 3. The rights granted under the present Article to the forwarder cannot be invoked against a third person if the forwarder, at the moment on which he obtained control over the goods or documents, had reason to doubt that the principal was authorised (competent), in his relation to that third person, to place the goods at the disposal of the forwarder [including another agreed person].

Article 8:70 Limitation of liability towards the principal where the principal’s debt-claim is not based on the contract
If a freight forwarding contract has not been performed properly or if the goods have not been delivered without delay at the place of destination in the condition in which they were placed at the disposal of the forwarder [including another agreed person], then the forwarder, who on account thereof is held liable by his counterparty on another legal ground than the contract, is not liable towards that counterparty for more than for which he would have been liable on the basis of the freight forwarding contract concluded between them.

Article 8:71 Limitation of liability towards third persons
If a freight forwarding contract has not been performed properly or if the goods have not been delivered without delay at the destination in the condition in which they were placed at the disposal of the forwarder [including another agreed person], then the forwarder, who on account thereof is held liable [by a third person] on another legal ground than the contract, is not liable for more than for which he would have been liable towards the principal, without prejudice to Articles 8:361 up to and including 8:366, Article 8:880 and Article 8:1081.

Article 8:72 Limitation of liability of subordinates hired to perform the work
If a legal claim as mentioned in the previous Article is filed against a subordinate of the forwarder on another legal ground than the contract, then this subordinate, provided that he has caused the damage in the performance of the work for which he was hired, is not liable for more than for which such forwarder, who hired him to do the work, would have been liable on the basis of the previous Article.

Article 8:73 General limitation of liability
The total of the amounts recoverable from the forwarder, whether or not combined with the amounts recoverable from the counterparty of the person who has filed the legal claim, and from their subordinates, may not exceed the total amount which is recoverable on the basis of the contract which was invoked by them, except in the event that the damage, for which a specific person is held liable, has arisen from this person’s own acts or omission (negligence), conducted either with the intent to cause that damage or recklessly with the knowledge that this damage probably would result from that act or omission (negligence).

[Articles 8:74 - 8:79 reserved for future legislation]

Section 8.2.4 Passenger transport contract

Article 8:80 Definition 'passenger transport contract' and relation to public transport contract
- 1. A passenger transport contract is an agreement under which one of the parties (transport operator) has engaged himself towards the other party to transport one or more persons (passengers).
- 2. For the purpose of the present Section (Section 8.2.4), a public transport contract, as defined in Article 8:100, is not a passenger transport contract.

Article 8:81 Liability of transport operator in case of death or physical injury
The transport operator is liable for damage caused by death or physical injury suffered by the passengers in connection with the transport.

Article 8:82 Force majeure
- 1. The transport operator is not liable for damages arising from death or physical injury as far as such death or physical injury is caused by a circumstance which a diligent (prudent) transport operator could not have avoided and as far as such diligent transport operator could not have prevented the consequences of that circumstance.
- 2. In order to discharge himself from any liability for damage caused by death or physical injury of a passenger, the transport operator cannot invoke any defect in or malfunction of the vehicle or material that he has used for transport.

Article 8:83 Passenger’s own fault
The liability of the transport operator can be eliminated entirely or partly if he proves that a fault or negligence (omission) of the passenger has caused the damage or has contributed to it.

Article 8:84 Mandatory law
Null and void is any stipulation (clause), made prior to the incident which caused the damage suffered by the passenger, through which the liability or burden of proof of the transport operator, imposed on him pursuant to Article 8:81, is reduced in another way than as provided for under the present Section (Section 8.2.4).

Article 8:85 Obligation to pay damages and limitation of liability by law
- 1. In the event of physical injury or death of the passenger, Articles 107 and 108 of Book 6 of the Civil Code do not apply to claims which the transport operator files against another transport operator in the capacity as his counterparty to a contract.
- 2. In the event of physical injury or death of the passenger, the liability of the transport operator is limited to the amount or amounts set to this end by or pursuant to Order in Council*).

*) The damages which the carrier possibly may have to pay pursuant to Article 8:81 is limited by Order in Council to an amount of € 137,000 per passenger. In the event that the amount of damages is assessed in the form of interest, the capitalized sum may not exceed an amount of € 137,000 per passenger.

Article 8:86 Counterparty of the transport operator vouches for the timely presence of the passenger
The counterparty of the transport operator must compensate the damage suffered by the transport operator because the passenger is, for whatever reason, not present in time for transport.

Article 8:87 Counterparty of the transport operator vouches for the presence of the required documents
The counterparty of the transport operator must compensate the damage suffered by the transport operator because documents relating to the passenger, required for the transport on the part of the counterparty, are, for whatever reason, not adequately present.

Article 8:88 Termination right of the transport operator in case of unknown circumstances
- 1. If, before or during the transport, circumstances arise or come forward on the part of the counterparty, the transport operator or the passenger, of which the transport operator should not 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 transport operator has the right to terminate the passenger transport contract and to remove the passenger from the vehicle.
- 2. Such termination is effected by means of a verbal or written notice to the counterparty of the transport operator 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 8:89 Termination right of the counterparty in case of unknown circumstances
- 1. If, before or during the transport, circumstances arise or come forward on the part of the transport operator, of which his counterparty should not 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 effected 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 8:90 Termination right of the counterparty under the obligation to pay damages
- 1. The counterparty*) of the transport operator is always entitled to terminate the passenger transport contract. He then is obliged to compensate the transport operator for the damage which the transport operator suffers as a result of such termination.
- 2. The counterparty is not able to exercise this right of termination if, as a consequence thereof, the journey of the vehicle would be delayed.
- 3. The termination is effected 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 transport operator misses this termination right; he is only able to withdraw himself physically from the transport.

Article 8:91 Liability on another legal ground than the contract
When the transport operator, his counterparty or the passenger, or a subordinate of one of them, is held liable (responsible) for damages on another legal ground than the passenger transport contract, then Articles 8:361 up to and including 8:366 shall apply accordingly.

Article 8:92 Application of Section 8.2.4 limited to not elsewhere specified passenger transport contracts
The present Section (Section 8.2.4) shall only apply to passenger transport contracts that are not elsewhere specified in the present Book (Book 8).

[Articles 8:93 – 8:99 reserved for future legislation]

Section 8.2.5 Inland public transport contract

Article 8:100 Definition of an inland public transport contract
- 1. For the purpose of the present Section (Section 8.2.5), a public transport contract is a passenger transport contract under which one of the parties (the transport operator) has engaged himself towards the other party to transport, on board of a vehicle not being an aircraft or hovercraft (air cushion vehicle), one or more persons (passengers), whether or not including their hand luggage, within the Netherlands, either by rail or otherwise, and this according to a schedule of transport available for public (public timetable). For the purpose of the present Section (Section 8.2.5), a time charter or voyage charter is not a public transport contract as far as it does not concern transport by rail.
- 2. For the purpose of the present Section (Section 8.2.5), a transport operator includes an organisation mentioned on a transport ticket which possibly may have been issued. If a transport ticket has been issued, then Articles 2:56, paragraph 2, 2:75, paragraph 1 and 2:186, paragraph 1, do not apply.
- 3. In the present Section (Section 8.2.5), hand luggage means luggage (baggage), including live animals, that the passenger has with him and that can be lead or carried by him easily, either in person or by means of a wheeled object which can be moved by hand-power.
- 4. Things that do not fall within the scope of the definition of hand luggage may, for the purpose of the present Section (Section 8.2.5), be designated by Order in Council as hand luggage; one or more provisions of the present Section (Section 8.2.5) may be declared inapplicable by Order in Council to things that fall within the scope of the definition of hand luggage; the Order in Council may contain for each type of vehicle different provisions.

Article 8:101 Combined and mixed public transport
- 1. If one or more transport operators have engaged themselves under one and the same contract to provide public transport services, whether or not with mutually different types of vehicles, then each part of the transport shall be governed by the rules of law applicable to that part.
- 2. When a vehicle, used for transport, is transported on board of a ship, then that part of the transport shall be governed by the rules of law applicable to waterborne transport, on the understanding however that the transport operator cannot invoke any physical or mental shortcomings of the driver of the vehicle that, during the time that the passenger was on board of that vehicle, have lead to damage.
- 3. If one party has engaged himself under one and the same contract towards another party, partly to a transport of passengers as meant in Article 8:100 and partly to another type of transport, then each part of the transport shall be governed by the rules of law applicable to that part.

Article 8:102 Period of transport of persons
- 1. Transport of persons comprises solely the time that the passenger remains on board of the vehicle and that he boards (enters) or deboards (leaves) it.
- 2. Transport of persons by ship also comprises the time that the passenger is transported over water between the embankment and the ship or between the ship and the embankment, if the price thereof is included in the freightage or if the transport operator has placed the ship which is used for such auxiliary transport at the disposal of the passenger. It does, however, not include the time during which the passenger remains on a pontoon, jetty (landing stage), a ferry pavement or any other ship lying between the embankment and the ship on board of which he will be or was transported, nor does it include the time during which the passenger remains in a terminal (passenger building) or on a quay or any other port facility.

Article 8:103 Period of transport of hand luggage
- 1. Transport of hand luggage comprises solely the time that the luggage remains on board of the vehicle, is loaded on or unloaded from it, as well as the time during which it remains in the charge (the care) of the transport operator.
- 2. Transport of hand luggage by ship also comprises the time that the luggage is transported over water between the embankment and the ship or between the ship and the embankment, if the price thereof is included in the freightage or if the transport operator has placed the ship which is used for such auxiliary transport at the disposal of the passenger. It does, however, not include the time during which the luggage remains on a pontoon, jetty (landing stage), a ferry pavement or any other ship lying between the embankment and the ship on board of which it will be or was transported, nor does it include the time during which the luggage remains in a terminal (passenger building) or on a quay or any other port facility, all unless it remains there in the charge (the care) of the transport operator.

Article 8:104 [repealed on 01-01-1992]

Article 8:105 Liability in case of death or physical injury
- 1. The transport operator is liable for damage caused by death or physical injury of the passenger where this results from an accident with which the passenger was confronted in connection with or during the transport.
- 2. In derogation from paragraph 1, the transport operator is not liable as far as the accident is caused by circumstances which a diligent (prudent) transport operator could not have avoided and as far as such diligent transport operator could not have prevented the consequences of these circumstances.
- 3. Physical or mental shortcomings of the driver of the vehicle and defects in or malfunction of the vehicle or material that is used for transport are regarded as a circumstance which a diligent transport operator could have avoided and of which the consequences could have been prevented by such diligent transport operator. ‘Material’ does not include another vehicle on board of which the vehicle finds itself.
- 4. In the application of paragraph 2, the conduct or behaviour of a third person shall be taken into account only if the transport operator is not responsible for any other circumstance that has lead (as well) to the accident.
- 5. In the event of transport by railway, the operators of the railway infrastructure on which the transport is carried out, are regarded as persons of whose services the transport operator has made use in the performance of the transport, whereas this infrastructure is regarded as material which the transport operator has used for the transport.

Article 8:106 Liability for hand luggage
- 1. The transport operator is liable for damage caused by total or partial loss of or damage to hand luggage or to a vehicle or ship accepted as baggage for transport or to the things on board of such vehicle or ship, as far as this loss or damage arose during the transport and was caused:
a. by an accident that happened to the passenger and for which the transport operator is responsible, or;
b. by a circumstance that a diligent (prudent) transport operator could have avoided or of which the consequences could have been prevented by such diligent transport operator.
- 2. Physical or mental shortcomings of the driver of the vehicle and defects in or malfunctions of the vehicle or material that the transport operator has used for the transport, are regarded as a circumstance which a diligent (prudent) transport operator could have avoided and of which the consequences could have been prevented by such diligent transport operator. ‘Material’ does not include another vehicle on board of which the vehicle finds itself.
- 3. In the application of paragraph 1, the conduct or behaviour of a third person shall be taken into account only if the transport operator is not responsible for any other circumstance that has lead (as well) to the accident.
- 4. In the event of transport by railway, the operators of the railway infrastructure on which the transport is carried out, are regarded as persons of whose services the transport operator has made use in the performance of the transport, whereas this infrastructure is regarded as material which the transport operator has used for the transport.
- 5. The present Article is without prejudice to Articles 8:545 and 8:1006.

Article 8:107 Liability for unknown things on board of the vehicle
The transport operator is not liable for any damages caused by or in respect of things which the passenger has brought on board of the vehicle, when the transport operator, if he would have been aware of the nature or condition of these things, would not have accepted them on board of the vehicle and for which he has not issued an acknowledgment of receipt, if the passenger knew or ought to have known that the transport operator would not have accepted these things for transport; in such event the passenger is liable for all costs and damages suffered by the transport operator resulting from the transport or the offer to provide such transport.

Article 8:108 Delay damages
The transport operator is not liable for damage caused by delay before, during or after the transport, regardless the cause whatsoever, or caused by any deviation, whatsoever, from an operating schedule (public timetable).

Article 8:109 Passenger’s own fault
- 1. If the transport operator proves that a fault or omission (negligence) of the passenger caused or contributed to the damage, then he will be released entirely or partially from his liability.
- 2. If persons of whose services the transport operator makes use in the performance of his obligation, provide a service upon the request of the passenger, while the public transport contract does not compel the transport operator to perform that service, then these persons are regarded to act upon instruction from the passenger to whom that service was provided.

Article 8:110 Limitation of liability by law
- 1. The liability of the transport operator meant in the present Section (Section 8.2.5) is limited to an amount or amounts set to this end by or pursuant to Order in Council*).
- 2. The present Article is without prejudice to Title 8.7 and Title 8.12.

*) The damages which the carrier possibly may have to pay pursuant to Article 8:105 is limited to an amount of € 1,000,000 per passenger with an overall maximum of € 15,000,000 for each incident in case of transport by road or by local railway, city railway or streetcar railway, € 175,000 per passenger in case of transport by rail and € 137,000 per passenger in case of transport by sea or inland waterway. In the event that the amount of damages is assessed in the form of interest, the capitalized sum may not exceed the before mentioned amounts.
The damages which the carrier possibly has to pay in case of loss of or damage to hand luggage is limited to an amount of € 1,500 per object in case of transport by local railway, city railway or streetcar railway or by sea or inland waterway, and it is limited to an amount of € 1,400 per object in case of transport by rail. The damage which the carrier possibly has to pay in case of loss of or damage to a vehicle or ship that he has accepted for transport or to things on board of such vehicle or ship is limited in case of transport by rail to an amount of € 9,100 per vehicle or ship.

Article 8:111 Intent or conscious recklessness
- 1. The transport operator may not invoke any limitation of his liability to the extent that the damage has arisen from his own acts or omissions (negligence), committed either with the intent to cause that damage, or recklessly and with the knowledge that this damage would probably result from these acts or omissions.
- 2. Any stipulation (clause) in derogation from the present Article is null and void.

Article 8:112 Mandatory law
Null and void is any stipulation (clause), made prior to the accident that happened to the passenger or prior to the loss of or damage to the hand luggage or to a vehicle or ship accepted as baggage for transport or to the things on board of such vehicle or ship, through which the liability or burden of proof of the transport operator, imposed on him pursuant to Article 8:105 or 8:106, is reduced in another way than as provided for under the present Section (Section 8.2.5).

Article 8:113 Obligation to pay damages
- 1. In case of loss of or damage to hand luggage, the debt-claim for damages is valued according to circumstances.
- 2. In the event of physical injury or death of the passenger, Articles 107 and 108 of Book 6 of the Civil Code do not apply to claims which the transport operator files against another transport operator in the capacity as his counterparty to a contract.

Article 8:114 Liability of passengers
- 1. Without prejudice to Article 107 and Article 179 of Book 6 of the Civil Code, the passenger is liable for damage caused by his act or omission (negligence) or caused by his hand luggage or by a vehicle or ship accepted on his behalf as baggage for transport or by things on board of such vehicle or ship.
- 2. In derogation from paragraph 1, the passenger is not liable insofar as the damage is caused by circumstances which a diligent (prudent) passenger could not have avoided and insofar as the consequences thereof could not have been prevented by such diligent passenger.
- 3. The quality (nature or condition) of the passenger’s hand luggage or a defect therein or in a vehicle or ship that has been accepted on his behalf as baggage for transport or in things on board of such a vehicle or ship, is regarded as a circumstance which a diligent passenger could have avoided and of which the consequences could have been prevented by such diligent passenger.
- 4. As damage is regarded the amount that the transport operator has assessed in his reasonable opinion, but if the transport operator thinks that the damage exceeds an amount of € 227 he must prove so.

Article 8:115 Additional regulation by Order in Council
Where an additional regulation of the matters dealt with in the present Section (Section 8.2.5) is required in the interest of a proper implementation, this is done by Order in Council.

Article 8:116 Non-contractual liability
Articles 8:361 up to and including 8:366 and Article 8:1081 apply accordingly when the transport operator, his counterparty, a passenger or a subordinate of one of them is held liable on another legal ground than a contract.

Article 8:116a Liability of the operator of the railway infrastructure and of other railway enterprises
The operator of the railway infrastructure and other railway enterprises that use the same railway infrastructure, may invoke Articles 8:365 and 8:366 in the same way as the subordinates referred to in these Articles may do.

[Articles 8:117 - 8:119 reserved for future legislation]

Section 8.2.6 Contract of combined transport of persons

Article 8:120 Definition of a ‘contract of combined transport of persons’
A contract of combined transport of persons is a passengers transport contract whereby the transport operator (combined transport operator) engages himself, under one single contract, to perform the transport in part by sea, inland waterway, road, railway, air or by means of any other mode of transport.

Article 8:121 Law applicable to a contract of combined transport of persons
In the event of a contract of combined transport of persons, each part of the transport shall be governed by the rules of law applicable to that part.

[Articles 8:122 - 8:159 reserved for future legislation]