Implementation of the COTIF and European law that has an impact . COTIF UR CIM, Appendix B to. COTIF. General Terms and. The Intergovernmental Organisation for International Carriage by Rail is an intergovernmental COTIF was modified by a Protocol that was signed in Vilnius on 3 June These systems of law have been in existence for decades and are known as the CIV (for passengers) and CIM (for freight/goods) Uniform Rules. Webmaster: Baruno Wironugroho.
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With the agreement of a majority of the Member States, the Central Office shall also invite non-Member States to attend sessions of the General Assembly in an advisory capacity.
The transport of dangerous goods by rail is authorised subject to compliance with the conditions imposed in the annexes. It shall be equivalent to delivery to the holder of the voucher if, in accordance with the provisions in force at the station of delivery:.
Nevertheless he shall retain his rights to claim compension for delay in delivery under Article The consignee’s right to modify the contract of carriage shall be extinguished in cases where he has:.
International rail transport Organizations established in International law organisations Intergovernmental organizations established by treaty Organisations based in Bern. A line or service shall cease to be subject cimm the Convention one month after the date of notification of its deletion, except for traffic already in transit, which shall be carried to its destination.
Consignments between stations in two adjacent States and between stations in two States in transit through the territory of a third State shall, if the lines cimm which the consignments are carried are exclusively operated by a railway of one of those three States, be subject to the internal traffic regulations applicable to that railway if the sender, by using the appropriate consignment note, so elects and where there is nothing to the contrary in the laws and regulations of any of the States concerned.
If the goods have been delivered, wholly or in part, to the consignee without prior collection of the amount of the cash on delivery payment, cotit railway shall pay the consignor the amount of any loss or damage sustained up to the total amount of the cash on delivery payment without prejudice to any right of recovery from the consignee.
In the case of express parcels traffic, railways may, by tariff clauses, agree on special provisions in accordance with the Regulations concerning the international carriage of express parcels by rail RIExAnnex IV to the Uniform Rules.
The consignor may modify the contract of carriage by giving subsequent orders:. In case of delay in loading for a reason attributable to the railway or delay in delivery of a motor vehicle, the railway shall, if the person entitled proves that loss or damage has been suffered thereby, pay compensation the amount of which shall not exceed the charge for carriage of the vehicle. Reservation concerning liability in case of death of. If the Member State declares that, notwithstanding the failure to pay, cogif wishes the undertaking’s lines or services to remain on the lists, or if it fails to reply to the Central Office communication within a period of six weeks, it shall be deemed to guarantee the settlement of all debts arising from transport operations subject to the Uniform Rules.
Intergovernmental Organisation for International Carriage by Rail
The railway may require as security a deposit approximating to the amount of such charges, for which a receipt shall be given. In case of damage to registered luggage, the railway must pay compensation equivalent to the loss in value of the registered luggage, to the exclusion of all other damages.
For the purposes of this chapter, the railway that is liable shall be that which, according to the list of lines or services provided for in Articles 3 and 10 of the Convention, operates the line on which the accident occurred. The consignment note must be printed in two or where necessary in three languages, at least one of which shall be one of the working languages of the Organisation.
When a claim is presented to a railway in accordance with Article 49 together with the necessary supporting documents, the period of limitation shall be suspended until the day that the railway rejects the claim by notification in writing and returns the documents. There shall be a quorum in the General Assembly when a majority of the Member States are represented there. Without prejudice to the payment of surcharges under Article 24, the excess load shall be charged for the distance covered in accordance with the carriage charges applicable to the main load.
Rolling stock belonging to a railway, as well as all transport equipment belonging to that railway, such as containers, loading tackle and sheets may not be seized on any territory other than that of the Member State having jurisdiction over the owner railway, except under a judgement given by the judicial authority of that State. If the parties cannot agree on the selection of a sole arbitrator, or the selected arbitrators cannot agree on the appointment of a third or fifth arbitrator, the appointment shall be made by the Director-General of the Central Office.
The railway shall also be liable for the loss or damage resulting from the total or partial loss of, or damage to, any articles which the passenger, victim of such an accident, had on him or with him as hand luggage, including any animals.
The transit periods shall be specified either by agreement between the railways participating in the carriage, or by the international tariffs applicable from the forwarding station to the destination station. The other provisions relating to liability in respect of registered luggage shall apply to the carriage of motor vehicles.
The supplementary provisions or the tariffs shall regulate the marking of packages by the consignor. The transit period shall run from midnight next following acceptance of the goods for carriage.
Convention Concerning International Carriage By Rail (COTIF)
In the absence of any particulars in the consignment note, the burden of proof of such absence of packing or defective condition of the packing shall rest upon cogif railway. The passenger shall be liable for all loss or damage caused by articles or animals which he has taken with him into the carriage unless he can prove that the loss or damage was caused by the fault of the railway or of a third party, or by circumstances which he could not avoid and the consequences of which he was unable to cimm.
The railway shall be entitled, but not obliged, to verify that the holder of citif voucher is entitled cin take delivery. The tariffs and amendments thereto shall come into force on the date specified when they are published.
A passenger who cannot produce a valid ticket shall pay, in addition to the fare, a surcharge calculated according to the provisions of the railway requiring such payment. The Uniform Rules shall also apply, as far as the liability of the railway in case of death of, or personal injury to, passengers is concerned, to persons accompanying a consignment whose carriage is effected in accordance with the Uniform Rules concerning the Contract for the International Carriage of Goods by Rail CIM.
Citing articles via Google Scholar. This document is an excerpt from the EUR-Lex website. Sign in via your Institution Sign in. States or railways may, in the same manner, make the conditions for acceptance laid down in the RID less rigorous. Each State may, at the time when it signs the Convention or deposits its cm of ratification, acceptance, approval or accession reserve the right not to apply to passengers involved in accidents cij in its territory the whole of the provisions concerning the liability of the railway in case of death of or personal injury to passengers, when such passengers are nationals of or have their usual place of residence in that State.
A detailed account of charges drawn up from the cohif in the charges note shall be delivered to the consignor in return for the receipt.
The railway shall be liable for its servants and for any other persons whom it employs to perform the carriage. Moreover the packing shall comply with the provisions in force at the forwarding station.