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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Don’t have an account? All these distances shall relate to the kilometric distances contained in the tariffs. If the delay has been caused by more than one railway, the compensation shall be apportioned between such railways in proportion to the length of the delay occurring on their respective lines. Any contravention of this Article by the railway may constitute a cause of action for compensation for loss or damage caused.

If the instructions of the consignor change the consignee or the destination station or are given at the station where the goods are being held, the consignor must enter them in the duplicate of the consignment note and present this to the railway. The composition of the Committee shall be determined for each five-year period, having regard in particular to an equitable geographical distribution of seats. The forwarding railway may require the consignor to prepay the charges in the case of goods which in its opinion are liable to undergo rapid deterioration or which, by reason of their low value or their nature, do not provide sufficient cover for such charges.

Dec 14, Russian Railways carried highest number of passengers in 10 years in If weighing by the railway, after the contract of carriage has been made, reveals a difference, the mass ascertained by the forwarding station or, failing that, the mass declared by the consignor, shall still be the basis for calculating the carriage charges:. Receive exclusive offers and updates from Oxford Academic. Acceptance by the passenger of a voucher bearing such a note shall be taken as evidence that the passenger has acknowledged its correctness.

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coif The tariffs must indicate all the special conditions applicable to the carriage, in particular the information necessary for calculating carriage and supplementary charges and, where appropriate, the conditions governing the conversion of currencies.

Where the calculation of compensation requires the conversion of sums expressed in foreign currencies, conversion shall be at the rate of exchange applicable on the day and at the place of payment of the compensation.

The Committees may appoint working groups to deal with specific questions. 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 cktif the following railways:. If the railway cogif with the consignor’s orders cotuf requiring cotiff production of the duplicate, where this has been sent to the consignee, the railway shall be liable to the consignee for any loss or damage caused thereby.

This provision shall apply neither to judgements which are provisionally enforceable, nor to awards of damages in addition to costs against a plaintiff who fails in his action. These shall not exceed one-half of the fare charged for adults, save for supplements charged for the use of certain trains or certain carriages, without prejudice to the rounding-up of amounts in accordance with the provisions applied by the railway issuing the ticket.

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The passenger must indicate on each item of registered luggage in a clearly visible place, in a sufficiently durable, clear and indelible manner so as octif avoid any possible confusion:.

The passenger must comply with the requirements of Customs or other administrative authorities, both concerning his own person and any animals he takes with him and concerning the examination of his hand luggage and registered luggage.

If the adjusting payment is made in a currency other than that in which the original charges were collected, the rate applicable shall be that for the day on which the adjusting payment is made.

– Legislation

The railways may not charge any amount over and above the carriage and supplementary charges laid down in the tariffs other than the amounts disbursed by them.

The value in Special Drawing Right of the national cotkf of a State which is a Cotuf of the Ci Monetary Fund shall be calculated in accordance with the method of valuation applied by the International Monetary Fund for its own operations and transactions. These specific provisions also give the electronic consignment note precedence over the paper one.

In all other respects delivery of luggage shall be in accordance with the provisions in force at the station of delivery. The consignor shall be liable for all the consequences of the absence of packing or defective condition of packing and shall in particular make good any loss or damage suffered by the railway from this cause.

Intergovernmental Organisation for International Carriage by Rail – Wikipedia

For the application of provisions relating to the liability of the railway in case of death of, or personal injury to, ci, national law shall be the law of the State on whose territory the accident to the passenger happened, including the rules relating to conflict of laws. The timetables or the tariffs shall indicate restrictions on the use of certain trains or of certain classes of carriage. Each State may, at the time when it signs the Convention or deposits its instrument of ratification, acceptance, approval or accession reserve the right not to apply to passengers involved in accidents occurring 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.

The person entitled shall, however, have the right to prove that cmi loss or damage was not attributable either wholly or partly to one of those risks. My examination consisted of a general analysis of the accounting methods and the checking of the accounting records and other evidence which appeared to me to be necessary in the circumstances.

OTIF prepares the review of COTIF

This page was last edited on 28 Novemberat The surcharges shall be charged against the goods irrespective of the place where the facts giving rise to the surcharges were established. 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.

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Sign In Forgot password? Member States shall send their proposals for amending the Convention to the Central Office, which shall immediately bring them to the notice of the other Member States. The Committees shall elect a Chairman and one or two Deputy Chairmen for each meeting. The value in Special Drawing Right of the national currency of a State which is not a member of the International Monetary Fund shall be calculated by the method determined by that State.

If, according to that list, there is joint operation of the line by two railways, each of them shall be liable. Railways may enter into private agreements for reduced fares or charges or other concessions, provided that comparable conditions are afforded to passengers in comparable circumstances.

The court shall give its decision in one and the same judgement on all recourse claims brought before it. When the nature of the goods is such as to require packing, the consignor shall pack them in such a way as to protect them from total or partial loss and from damage in transit and to avoid risk of injury or damage to persons, equipment or other goods. As a result, it became necessary to use the norms and documents used in the field of action covered by CIM.

The Tribunal shall determine in its award the amount of costs and expenses and shall decide how they and the fees of the arbitrators are to be apportioned between the parties.

To be or not to be a netting friendly jurisdiction? The burden of proof of defective loading shall rest upon the railway. Rate of exchange or of acceptance of foreign currency. The passenger shall, from the start of his journey, be in possession of a valid ticket; he shall retain it throughout icm journey and, if required, produce it to railway staff responsible for inspecting tickets and give it up at the end of the journey.

The passenger must ensure, on receipt of the luggage registration voucher, that it has been made out in accordance with his instructions.

EUR-Lex Access to European Union law

If the railway considers that such instructions cannot be executed, it shall ask for fresh instructions. The application of an international tariff may be made conditional on there being an express request for it in the consignment note. If the consignor will himself be present or be represented by an agent when the formalities required by Customs or other administrative authorities are carried out, it will suffice for the documents to be produced at the time when those formalities are carried out.

The burden of proof of receipt of the claim or of the reply and of the return of the documents shall rest on the party who relies on those facts.

June Learn how and corif to remove this template message. 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 the railway.