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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In the absence of provisions in the Uniform Rules, supplementary provisions or international tariffs, national law shall apply. The consignment note shall not be replaced by other documents or supplemented by documents other than those prescribed or allowed by the Uniform Rules, the supplementary provisions or the tariffs.
One and the same consignment note may not relate to more than a single wagon load.
EUR-Lex – l – EN – EUR-Lex
The provisions of Articles 30, 31 and 38 to 41 of the Uniform Rules or those of national law, limiting compensation to a fixed amount, shall not apply if it is proved that the loss or damage resulted from an act or omission, on the part of the railway, done with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage will probably result.
The Central Office shall inform the Member States in good time of any vacancy which may occur in those posts; the Swiss Government shall propose candidates for the posts of Director General and Deputy Director General.
Claims relating to the liability of the railway in case of death of, or personal injury to, passengers shall be made in writing to one of the following railways:. The court shall give its decision in one and the same judgement on all recourse claims brought before it. Such suspension shall be notified to Member States by the Central Office; it shall end one month after the date of notification by the Central Office of the ratification, acceptance or approval of the said decisions by the States concerned.
Other internal carriage performed under the responsibility of the railway, complementary to carriage by rail, shall be treated as carriage performed over a line, within the meaning of the preceding sub-paragraph. A claim may be made by persons who have the right to bring an action against the railway under Article Nevertheless an attendant shall not be required when the international tariffs permit or when the railways participating in the carriage so permit at the consignor’s request; in such cases, unless there is an agreement to the contrary, the railway shall not be liable for any loss or damage resulting from any risk which the attendant was intended to avert.
EUR-Lex Access to European Union law
The consignor shall indicate in citif consignment note the number and description of the seals dim to the wagons by him. Amendments decided upon by the General Assembly shall be recorded in a Protocol signed by the representatives of the Member States. Member States retain the right cjm lay down safety requirements for national or international transport, in so far as this Directive does not cover that area. The particulars entered by the consignor in the consignment note shall be in Roman lettering, save where the supplementary provisions or international tariffs otherwise provide.
Nevertheless, if the agreement to refer to arbitration provides for five arbitrators, each of the parties may select one arbitrator who is not on the panel. The railway shall, where it is at fault, be liable for any consequences arising from the loss, non-use or misuse of the documents referred to in the consignment note and accompanying it or deposited with the railway; nevertheless any compensation shall not exceed that payable in the event of loss of the goods.
International tariffs may be declared compulsorily applicable in international traffic to the exclusion of the internal tariffs. The sole arbitrator, or the third or fifth arbitrator, must be of a nationality cik than that of either party, unless both are of the same nationality.
Save where the international tariffs otherwise provide, registration vouchers must indicate:. Save where the international tariffs otherwise provide, tickets must indicate:. Proposals and decisions shall be reproduced in full. In accordance with cin conditions laid down by the international tariffs, the passenger may occupy a seat of a higher class or travel on a train of a higher fare category than shown on the ticket, or may alter his route.
If, two years after that date, a Member State has not paid its contribution, its right to vote shall be suspended until it has fulfilled its obligation to pay. Regulations concerning the International Haulage of Privat Owners’. Two or more States, by special agreement, or two or more railways by supplementary provisions or by tariff clauses, may agree cptif terms derogating from the Uniform Rules for the following types of consignments:.
If, through the death of the passenger, persons whom cootif had, or would have had in the future, a legal duty to coitf are deprived of their support, such persons shall also be indemnified for their loss.
The period for carriage shall be calculated on the total distance between the forwarding station and the destination station. The withdrawal of the reservation shall take effect one month after the date on which the depositary Government notifies it to the States. If, in case of delay in loading for a reason attributable to the railway the person entitled elects not to proceed with the contract of carriage, the carriage charges for carriage of the vehicle and com the passengers shall be refunded to him.
Member States – Intergovernmental Organisation for International Carriage by Rail (OTIF)
Liability of the railway in case of death of, or personal injury to, passengers. Two or more States or two or more railways may make supplementary provisions for the execution of the Uniform Rules. Views Read Edit View history. It shall be equivalent to delivery to the consignee if, in accordance with the provisions in force at the destination station:.
The railways against which such action has been brought shall cin no further right of recourse. The person entitled may refuse to accept the luggage if the railway does not comply with his request.
The working languages of the Organisation shall be English, French and German. Disbursements shall only be allowed if made in accordance with the provisions in force at the forwarding station.
In transit, the formalities required by Customs or other administrative authorities shall be completed by the railway. If he fails to attend or cannot be found, the verification shall be carried out in the presence of two witnesses not connected with the ciim.
The timetables or the tariffs shall indicate restrictions on the use of certain trains or of certain classes of carriage. Prior to the Vilnius Protocol, the dim objective of OTIF was to develop uniform systems of law which could apply to the carriage of passengers and freight in international rail traffic. Any contravention of this Article by the railway may constitute a cause of action for compensation for loss or damage caused.
In case of delay in delivery of registered cotiff, the railway shall pay in respect of each whole period of twenty-four hours after delivery has been requested, but subject to a maximum of fourteen days:. It will involve ckm amendments which fall within the competence of the Revision Committee and amendments which fall within the competence of the OTIF General Assembly, but nevertheless the revision seems to be rather limited in scope.
Neither the consignor, nor the consignee who has the right of disposal, nor the agent of either may take possession of the goods.
In all other respects, delivery of goods shall be carried out in accordance with the provisions in force at the destination station. In case of loss of an item of registered luggage, the ciim entitled must, to facilitate the enquiries to be made by the railway, give as accurate a description as possible of the missing item of luggage.
Intergovernmental Organisation for International Carriage by Rail
Reservation concerning liability in case of death of, or personal injury to, passengers 4. Increases in international tariff charges and any other provisions which would have the effect of making the conditions of carriage laid down by such tariffs more rigorous shall not come into force until at least fifteen days after their publication, except in the following cases:.
A Member State may arrange to be represented by another Cmi State; no State may however represent more than two other States.
Actions based on the liability of the railway in case of death of, or personal injury to, passengers may only be instituted in the competent court of the State in whose territory the accident to the passenger happened unless otherwise provided in agreements between States or in acts of concession.