1991年联合国国际贸易运输港站经营人赔偿责任公约 UNITED NATIONS CONVENTION ON THE LIABILITY OF OPERATORS OF TRANS-PORT TERM

颁布日期：19910419 　颁布单位：维也纳

　　THE CONTRACTING STATES：

　　REAFFIRMING THEIR CONVICTION that the progressive harmonization andunification of international trade law， in reducing or removing legalobstacles to the flow of international trade， especially those affectingthe developing countries， would significantly contribute to universaleconomic co-operation among all States on a basis of equality， equity andcommon interest and to the elimination of discrimination in internationaltrade and， thereby， to the well-being of all peoples；

　　CONSIDERING the problems created by the uncertainties as to the legalregime applicable with regard to goods in international carriage when thegoods are not in the charge of carriers nor in the charge of cargo-owninginterests but while they are in the charge of operators of transportterminals in international trade；

　　INTENDING to facilitate the movement of goods by establishing uniformrules concerning liability for loss of， damage to or delay in handing oversuch goods while they are in the charge of operators of transportterminals and are not covered by the laws of carriage arising out ofconventions applicable to the various modes of transport，

　　HAVE AGREED as follows：

　　Article 1 Definitions

　　In this Convention：

　　（a） “Operator of a transport terminal” （hereinafter referred to as“operator”） means a person who， in the course of his business， undertakesto take in charge goods involved in international carriage in order toperform or to procure the performance of transport-related services withrespect to the goods in an area under his control or in respect of whichhe has a right of access or use. However， a person is not considered anoperator whenever he is a carrier under applicable rules of law governingcarriage；

　　（b） Where goods are consolidated in a container， pallet or similararticle of transport or where they are packed， “goods” includes sucharticle of transport or packaging if it was not supplied by the operator；

　　（c） “International carriage” means any carriage in which the place ofdeparture and the place of destination are identified as being located intwo different States when the goods are taken in charge by the operator；

　　（d） “Transport-related services” includes such services as storage，warehousing， loading， unloading， stowage， trimming， dunnaging andlashing；

　　（e） “Notice” means a notice given in a form which provides a record ofthe information contained therein；

　　（f） “Request” means a request made in a form which provides a recordof the information contained therein.

　　Article 2 Scope of application

　　（1） This Convention applies to transport-related services performed inrelation to goods which are involved in international carriage：

　　（a） When the transport-related services are performed by anoperator whose place of business is located in a State Party， or

　　（b） When the transport-related services are performed in a StateParty， or

　　（c） When， according to the rules of private international law， thetransport-related services are governed by the law of a State Party.

　　（2） If the operator has more than one place of business， the place ofbusiness is that which has the closest relationship to thetransport-related services as a whole.

　　（3） If the operator does not have a place of business， reference is tobe made to the operator's habitual residence.

　　Article 3 Period of responsibility

　　The operator is responsible for the goods from the time he has takenthem in charge until the time he has handed them over to or has placedthem at the disposal of the person entitled to take delivery of them.

　　Article 4 Issuance of document

　　（1） The operator may， and at the customer's request shall， within areasonable period of time， at the option of the operator， either：

　　（a） Acknowledg

e his receipt of the goods by signing and dating adocument presented by the customer that identifies the goods， or

　　（b） Issue a signed document identifying the goods， acknowledginghis receipt of the goods and the date thereof， and stating their conditionand quantity in so far as they can be ascertained by reasonable means ofchecking.

　　（2） If the operator does not act in accordance with eithersubparagraph （a） or （b） of paragraph （1）， he is presumed to have receivedthe goods in apparent good condition， unless he proves otherwise. No suchpresumption applies when the services performed by the operator arelimited to the immediate transfer of the goods between means of transport.

　　（3） A document referred to in paragraph （1） may be issued in any formwhich preserves a record of the information contained therein. When thecustomer and the operator have agreed to communicate electronically， adocument referred to in paragraph （1） may be replaced by an equivalentelectronic data interchange message.

　　（4） The signature referred to in paragraph （1） means a handwrittensignature， its facsimile or an equivalent authentication effected by anyother means.

　　Article 5 Basis of liability

　　（1） The operator is liable for loss resulting from loss of or damageto the goods， as well as from delay in handing over the goods， if theoccurrence which caused the loss， damage or delay took place during theperiod of the operator's responsibility for the goods as defined inArticle 3， unless he proves that he， his servants or agents or otherpersons of whose services the operator makes use for the performance ofthe transport-related services took all measures that could reasonably berequired to avoid the occurrence and its consequences.

　　（2） Where a failure on the part of the operator， his servants oragents or other persons of whose services the operator makes use for theperformance of the transport-related services to take the measuresreferred to in paragraph （1） combines with another cause to produce loss，damage or delay， the operator is liable only to the extent that the lossresulting from such loss， damage or delay is attributable to thatfailure， provided that the operator proves the amount of the loss notattributable thereto.

　　（3） Delay in handing over the goods occurs when the operator fails tohand them over to or place them at the disposal of a person entitled totake delivery of them within the time expressly agreed upon or， in theabsence of such agreement， within a reasonable time after receiving arequest for the goods by such person.

　　（4） If the operator fails to hand over the goods to or place them atthe disposal of a person entitled to take delivery of them within a periodof 30 consecutive days after the date expressly agreed upon or， in theabsence of such agreement， within a period of 30 consecutive days afterreceiving a request for the goods by such person， a person entitled tomake a claim for the loss of the goods may treat them as lost.

　　Article 6 Limits of liability

　　（1） （a） The liability of the operator for loss resulting from loss ofor damage to goods according to the provisions of Article 5 is limited toan amount not exceeding 8.33 units of account per kilogram of gross weightof the goods lost or damaged.

　　（b） However， if the goods are handed over to the operatorimmediately after carriage by sea or by inland waterways， or if the goodsare handed over， or are to be handed over， by him for such carriage， theliability of the operator for loss resulting from loss of or damage togoods according to the provisions of Article 5 is limited to an amount notexceeding 2.75 units of account per kilogram of gross weight of the goodslost or damaged. For the purposes of this paragraph， carriage by sea orby inland waterways includes pick-up and delivery within a port.

　　（c） When the loss of or damage to a part of the goods affects thevalue of another p

art of the goods， the total weight of the lost ordamaged goods and of the goods whose value is affected shall be taken intoconsideration in determining the limit of liability.

　　（2） The liability of the operator for delay in handing over the goodsaccording to the provisions of Article 5 is limited to an amountequivalent to two and a half times the charges payable to the operator forhis services in respect of the goods delayed， but not exceeding the totalof such charges in respect of the consignment of which the goods were apart.

　　（3） In no case shall the aggregate liability of the operator underboth paragraphs （1） and （2） exceed the limitation which would beestablished under paragraph （1） for total loss of the goods in respect ofwhich such liability was incurred.

　　（4） The operator may agree to limits of liability exceeding thoseprovided for in paragraphs （1）， （2） and （3）。

　　Article 7 Application to non-contractual claims

　　（1） The defences and limits of liability provided for in thisConvention apply in any action against the operator in respect of loss ofor damage to the goods， as well as delay in handing over the goods，whether the action is founded in contract， in tort or otherwise.

　　（2） If such an action is brought against a servant or agent of theoperator， or against another person of whose services the operator makesuse for the performance of the transport-related services， such servant，agent or person， if he proves that he acted within the scope of hisemployment or engagement by the operator， is entitled to avail himself ofthe defences and limits of liability which the operator is entitled toinvoke under this Convention.

　　（3） Except as provided in Article 8， the aggregate of the amountsrecoverable from the operator and from any serva

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