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Article 80 Verdrag van de Verenigde Naties inzake de overeenkomsten voor het internationaal vervoer van goederen geheel of gedeeltelijk over zee

VALIDITY OF CONTRACTUAL TERMS

1 Notwithstanding article 79, as between the carrier and the shipper, a volume contract to which this Convention applies may provide for greater or lesser rights, obligations and liabilities than those imposed by this Convention.

2 A derogation pursuant to paragraph 1 of this article is binding only when:

a) The volume contract contains a prominent statement that it derogates from this Convention;

b) The volume contract is (i) individually negotiated or (ii) prominently specifies the sections of the volume contract containing the derogations;

c) The shipper is given an opportunity and notice of the opportunity to conclude a contract of carriage on terms and conditions that comply with this Convention without any derogation under this article; and

d) The derogation is neither (i) incorporated by reference from another document nor (ii) included in a contract of adhesion that is not subject to negotiation.

3 A carrier’s public schedule of prices and services, transport document, electronic transport record or similar document is not a volume contract pursuant to paragraph 1 of this article, but a volume contract may incorporate such documents by reference as terms of the contract.

4 Paragraph 1 of this article does not apply to rights and obligations provided in articles 14, subparagraphs (a) and (b), 29 and 32 or to liability arising from the breach thereof, nor does it apply to any liability arising from an act or omission referred to in article 61.

5 The terms of the volume contract that derogate from this Convention, if the volume contract satisfies the requirements of paragraph 2 of this article, apply between the carrier and any person other than the shipper provided that:

a) Such person received information that prominently states that the volume contract derogates from this Convention and gave its express consent to be bound by such derogations; and

b) Such consent is not solely set forth in a carrier’s public schedule of prices and services, transport document or electronic transport record.

6 The party claiming the benefit of the derogation bears the burden of proof that the conditions for derogation have been fulfilled.

Regeling
Verdrag van de Verenigde Naties inzake de overeenkomsten voor het internationaal vervoer van goederen geheel of gedeeltelijk over zee
Afkortingen
Rotterdam Rules
Soort
Verdrag
Geldend vanaf
11-12-2008
BWB-id
BWBV0005538
Versie
2008-12-11_0

In de hele regeling · Officiële tekst op wetten.overheid.nl