1991年联合国贸易和发展会议／国际商会多式联运单证规则 UNCTAD/ICC Rules for Multimodal Transport Documents

颁布日期：19910101 　实施日期：19910101

　　1. Applicability

　　1.1 These Rules apply when they are incorporated， however this ismade， in writing， orally or otherwise， into a contract of carriage byreference to the “UNCTAD/ICC Rules for multimodal transport documents”，irrespective of whether there is a unimodal or a multimodal transportcontract involving one or several modes of transport or whether a documenthas been issued or not.

　　1.2 Whenever such a reference is made， the parties agree that theseRules shall supersede any additional terms of the multimodal transportcontract which are in conflict with these Rules， except insofar as theyincrease the responsibility or obligations of the multimodal transportoperator.

　　2. Definitions

　　2.1 Multimodal transport contract （multimodal transport contract）means a single contract for the carriage of goods by at least twodifferent modes of transport.

　　2.2 Multimodal transport operator （MTO） means any person who concludesa multimodal transport contract and assumes responsibility for theperformance thereof as a carrier.

　　2.3 Carrier means the person who actually performs or undertakes toperform the carriage， or part thereof， whether he is identical with themultimodal transport operator or not.

　　2.4 Consignor means the person who concludes the multimodal transportcontract with the multimodal transport operator.

　　2.5 Consignee means the person entitled to receive the goods from themultimodal transport operator.

　　2.6 Multimodal transport document （MT document） means a documentevidencing a multimodal transport contract and which can be replaced byelectronic data interchange messages insofar as permitted by applicablelaw and be，

　　（a） issued in a negotiable form or，

　　（b） issued in a non-negotiable form indicating a named consignee.

　　2.7 Taken in charge means that the goods have been handed over to andaccepted for carriage by the MTO.

　　2.8 Delivery means

　　（a） the handing over of the goods to the consignee， or

　　（b） the placing of the goods at the disposal of the consignee inaccordance with the multimodal transport contract or with the law or usageof the particular trade applicable at the place of delivery， or

　　（c） the handing over of the goods to an authority or other thirdparty to whom， pursuant to the law or regulations applicable at the placeof delivery， the goods must be handed over.

　　2.9 Special Drawing Right （SDR） means the unit of account as definedby the International Monetary Fund.

　　2.10 Goods means any property including live animals as well ascontainers， pallets or similar articles of transport or packaging notsupplied by the MTO， irrespective of whether such property is to be or iscarried on or under deck.

　　3. Evidentiary effect of the information contained in the multi-modal transport document

　　The information in the MT document shall be prima facie evidence ofthe taking in charge by the MTO of the goods as described by suchinformation unless a contrary indication， such as “shipper's weight， loadand count”， “shipper-packed container” or similar expressions， has beenmade in the printed text or superimposed on the document. Proof to thecontrary shall not be admissible when the MT document has beentransferred， or the equivalent electronic data interchange message hasbeen transmitted to and acknowledged by the consignee who in good faithhas relied and acted thereon.

　　4. Responsibilities of the multimodal transport operator

　　4.1 Period of responsibility

　　The responsibility of the MTO for the goods under these Rules coversthe period from the time the MTO has taken the goods in his charge to thetime of their delivery.

　　4.2 The liability of the MTO for his servants， agents and otherpersons

　　The multimodal transport operator shall be responsible for the ac

tsand omissions of his servants or agents， when any such servant or agent isacting within the scope of his employment， or of any other person ofwhose services he makes use for the performance of the contract， as ifsuch acts and omissions were his own.

　　4.3 Delivery of the goods to the consignee

　　The MTO undertakes to perform or to procure the performance of allacts necessary to ensure delivery of the goods：

　　（a） when the MT document has been issued in a negotiable form “tobearer”， to the person surrendering one original of the document， or

　　（b） when the MT document has been issued in a negotiable form “toorder”， to the person surrendering one original of the document dulyendorsed， or

　　（c） when the MT document has been issued in a negotiable form to anamed person， to that person upon proof of his identity and surrender ofone original document； if such document has been transferred “to order” orin blank the provisions of （b） above apply， or

　　（d） when the MT document has been issued in a non-negotiable form，to the person named as consignee in the document upon proof of hisidentity， or

　　（e） when no document has been issued， to a person as instructed bythe consignor or by a person who has acquired the consignor's or theconsignee's rights under the multimodal transport contract to give suchinstructions.

　　5. Liability of the multimodal transport operator

　　5.1 Basis of Liability

　　Subject to the defences set forth in Rule 5.4 and Rule 6， MTO shall beliable for loss of or damage to the goods， as well as for delay indelivery， if the occurrence which caused the loss， damage or delay indelivery took place while the goods were in his charge as defined in Rule4.1， unless the MTO proves that no fault or neglect of his own， hisservants or agents or any other person referred to in Rule 4 has caused orcontributed to the loss， damage or delay in delivery. However， the MTOshall not be liable for loss following from delay in delivery unless theconsignor has made a declaration of interest in timely delivery which hasbeen accepted by the MTO.

　　5.2 Delay in delivery

　　Delay in delivery occurs when the goods have not been delivered withinthe time expressly agreed upon or， in the absence of such agreement，within the time which it would be reasonable to require of a diligent MTO，having regard to the circumstances of the case.

　　5.3 Conversion of delay into final loss

　　If the goods have not been delivered within ninety consecutive daysfollowing the date of delivery determined according to Rule 5.2， theclaimant may， in the absence of evidence to the contrary， treat the goodsas lost.

　　5.4 Defences for carriage by sea or inland waterways

　　Notwithstanding the provisions of Rule 5.1. the MTO shall not beresponsible for loss， damage or delay in delivery with respect to goodscarried by sea or inland waterways when such loss， damage or delay duringsuch carriage has been caused by：

　　。 act， neglect， or default of the master， mariner， pilot or theservants of the carrier in the navigation or in the management of theship，

　　。 fire， unless caused by the actual fault or privity of thecarrier， however， always provided that whenever loss or damage hasresulted from unseaworthiness of the ship， the MTO can prove that duediligence has been exercised to make the ship seaworthy at thecommencement of the voyage.

　　5.5 Assessment of compensation

　　5.5.1 Assessment of compensation for loss of or damage to the goodsshall be made by reference to the value of such goods at the place andtime they are delivered to the consignee or at the place and time when， inaccordance with the multimodal transport contract， they should have beenso delivered.

　　5.5.2 The value of the goods shall be determined according to thecurrent commodity exchange price or， if there is no such price， accordingto the current market p

rice or， if there is no commodity exchange price orcurrent market price， by reference to the normal value of goods of thesame kind and quality.

　　6. Limitation of liability of the multimodal transport operator

　　6.1 Unless the nature and value of the goods have been declared by theconsignor before the goods have been taken in charge by the MTO andinserted in the MT document， the MTO shall in no event be or become liablefor any loss of or damage to the goods in an amount exceeding theequivalent of 666.67 SDR per package or unit or 2 SDR per kilogramme ofgross weight of the goods lost or damaged， whichever is the higher.

　　6.2 Where a container， pallet or similar article of transport isloaded with more than one package or unit， the packages or other shippingunits enumerated in the MT document as packed in such article of transportare deemed packages or shipping units. Except as aforesaid， such articleof transport shall be considered the package or unit.

　　6.3 Notwithstanding the above-mentioned provisions， if the multimodaltransport does not， according to the contract， include carriage of goodsby sea or by inland waterways， the liability of the MTO shall be limitedto an amount not exceeding 8.33 SDR per kilogramme of gross weight of thegoods lost or damaged.

　　6.4 When the loss of or damage to the goods occurred during oneparticular stage of the multimodal transport， in respect of which anapplicable international convention or mandatory national law would haveprovided another limit of liability if a separate contract of carriage hadbeen made for that particular stage of transport， then the limit of theMTO's liability for such loss or damage shall be determined by referenceto the provisions of such convention or mandatory national law.

　

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