TITLE III REGULATION OF fifARITIivlE EMPLOYPJENT

.Ed. 111. Definition of a Scnnicn.

"Scanan" includcs every person (except mastcrs, pilots, and apprcnticcs

duly bZcmturcd m d rc,+tcrad), employed m ccrgagcd i3 any capacit~ on

loalf any ship.

Art. 112, Scam nrr's Articles of Agreement.

. m e t e a s end r;tapddbilosn ad ma$i.nzc ~.&clcs ob ragreccmcat &all be etcrcrl b tlic l& cf mew. The semarrr, &tor sud~ tcrms m d sitipd:. tions bar-c bccn rend out to him, shaU acccpt such tcrms and stipulations

by a!f~&g hb ~ i g z a t c a ax his mark. T h e prasoriiLod authanity idn.!J entisfy thclnsclves LcEorc t l ~ c dcpnrturc of the ehip that all scnmcn havizg d w k c d ,arc catploycd uacicr x t5c lcu cf agrccrnezit by exad&g t%e

cln.tnia in &c Lt 0s crew.

h. 113. Particulars in rlrticlcs of rfpccmcr,t.

The fmtidcs of a.,nrocnac.'t &,all contain the foXo~ring p.&cnlm: (a) whci+&es $hey m ca~dudcd fm a d c h h cr i n 5 c f . A ~ ~ m h d or fa=

a vo*yage;

15) t l ~ e eap'ac2t-y h w3.Jc.h &C e m m iJ 20 Le eznphycd; ( C ) the date apozi which the eqdq-m!edt 5s to hegiu; id) nhe rn1etIiod af retmmaaltiilom qpacrd b m e m Ithe patim; (e) the atnount of wages or the basis of determination of profits:

(f ) the place catt which w d , h e ,&te o n which the apeemeat W= ccocm=luded.

h. 134. Remuneration out of profits or freight.

(1) The \ a r r t ; idc~ of ~opcmzepn uddes w-&ih the scimm's z a m m ~ m ~ i a corn-

&ts h tdzde ar in lpmt of a drure in dze pmofits OIT ~dhe freight ehid specify the costs and charges to be deducted from the gross profits to

make up the net profits.

(2) Coanp~at3m-n paid to &ae &p h crcisyp'cut lob &e brdabg, rcducin= &e d&at?arn, oz d e pofficangtrluioc~ a4 &e mylugc, h of pmfib c: of freight, will be dccmcd to form part of the F o e s profits.

(3) This provision allall not apply to insurance compensation cxccpt whcrc t ? ~ c sczawm Itau, cc~nrtnibl.~tcld CO &,C p r p n a ~ ~ t 106 p r l e m b fxim ithe b e Iginmincg OS .&he voyage.

(4) Unlcss otllcnvisc ngrccd, bounties and o~11cr Govcrnmcnt aubsidics sIlal1 n o t 1)c ir:cluc!crl i~n n:ni.o~unb to L,c l&knih1;ad.

( 5 ) I'C'Ilcrc seamen arc ramuncratcd out of profits at freight no conpcnsz- th drdl bc paid W %hem in rajpact of ~lrc p~tplontcxrmt, pm;lorn~athn m roduc.t.i~)m in dwatiocn ob $he vopge by ~omcm ob forcc majeure.

h. 115. Remuneration by voyage.

W ~ C W a c m m m e paid by voyiqe, h S*O~US~'~~IRY xsducthn in &e d;uu. t j o a olE &c voyage s h d nort rmdt h m y raductioa in wagas, ~vhatevcr the came may be.

Ant. 116. Duties of Seaman.

A txm~m d r d d i m k c% &c b o appcaidted by the ; ~ l w ~ e s . Be shall o&cy e l l odm> of I& ~~~.pcr.iaxd O(D Imd m d m h ~ ~ i ~ r d uus I IZ~E bc prescribed.

A@. ll?. Proltilirion against c u n ~ i n g cargo on their own account.

(l) SG c q o sllall hc carricd on board a ship hp the master or a seaman fin Lb oo7vn acoorurcrt, ecrcoplt wdt5 ;tilie p m ' d c n ob &e sihipco,m. h &a e m t lab a Lrcach of pmvhbm, zIic pas5or h c a T e s M p q fi+t a* &c Gighest gate dprulmateid IS pd- ZUA niPze of la&g, wrirtlxocurt pejudice rtlo mch damage nuay be due.

(2) The master may order the jettison of goods loaded without permision where the goods are of such a slatnre as t o imperil the safety af the ddp or r i i n c u r r * k etnld apeame;s.

A&. 118. Advance on wages.

A q riud~mce m a se!mau'9 w3ga &.a31 be eatmad in &e lia of am if made b d w e a TO-yage and &I h e ih ip 's b d iif made dmrimg a voyage. Thr, s e a m && sign ~ r f :a& hjlS m& t!o ~ m h i l s d p axke&L N o advmnca shd be maae except under lthe faaqpiiq db. Tih~c tioti-4 m of advanus may a d t e*cwd me-fifth orf the w~~ne]~ aamed at &e h e the advance 16 nc- quastf'd

h. 119. IIorne Remittances.

Home g-Sttmcee mzy Le made o d y to &e wife, derpac?,a~t Mdrrcn d pmnta of IP ~~~. b. 120. Repayment of Adczncos.

Art. 121. A~rachment of wages

Soanm'a rqw .md p f i t a mag uat be atached or &ped mccpt for tlic rc-o rad witkin the $m ba2onv:

(1) up to olnc cpzrtcr in I.?IC c s c of:

(a) a debt to dre Ststc or to a prohcfm b m d ;

(h) a d&t for eupply of pro~vi&ons, appmel ocr l u . d ~ ~ g ;

(c ) a tdoLt &C to U d ~ i p a m c r axisbg h a m a p a ~ m t avm and &bow dlc bdmcc CJ d u e in re~pcct of a prexioius wyagc, un d- vascc or p a p m t on m acco*lurt not due, ox ia respect of drunzges;

( 2 ) np to a fudlcr ~mourut of cnc-qumtcr, far ,a Zdot dzre mdcs a jud,pezut of a cwnpetmt c m o n wEcIr cxcrcutim p c r r o c c t = ~ ~ have heal 5tizntcd.

M. 122. nicdical Excrnination prior to Employment.

(I) S o scm12a dld1 bc cn~ployod d i m h e Iras beta p~3scd mcLZic~I1y fit for servicc Ly a mcdicsl practitioner nppointcd by the port authority. N o sasman shall bc crr?p!oycd who ia 3uficring from an infectious Giuczsc.

(3) An ectry that sub-article (1) has been complied with shall bc mzdc by tlre mstcr in d ~ e list a£ crew.

(3) A maisttx ~ % o fa& tro cocmply W;& drio paoi.iiom of C% ArGcle did be gudty of m o f f w e and &d bee 'Uahle m convic~&rn t o the peaaltics spcciOod in Art. 819 lob &e P d Ccdc.

Art. 122. Sic1::tcrs cr Injury tclli!c in tlzc Ship's Scrvicc.

&le&od t rcabmt a?u!adl bc affcrdod t o ~ C ~ L M injured in &c scrvicc af the Jhip o r ~ q h o became d m b g the ~0y2:,gre zt &C ~ o m r ' d expeme :

Pro.vided #rhgt .r~*l.ltcue tlle injury m G i ' c b a k dxe to, or &stx oct

of, indisciplinc, ~ ~ S C ~ C C I U C ~ , drunkenness or in the case of consc- nitd &axc sucli ols i m ~ ~ t y ca: clpilay ~ y , ctr in fhe casc of &me cd rmerreid &gin, rsiclacrss expeacs adv;?r,eacl by die 6.hipmvxucr shell bc chargeable to the account o.f the iojurcd or sick man.

The clolst of aoztme(rlt ab~d zro lsx~a;: Ic duo dtar iscch Gzze m illc iiajury ur sickncss hz3 13wome kcunlriblc.

(I) A s t x a a n 1$*11o ha bcccmc &Ic or iu bjurcd k the elhip9t3 service e l l d be andrlod t o wzgcs Tccr LEO long a lie r c m a k o n board.

( 2 ) Mtcr boing Iatlcd, (hc ohaill be cmtitled W cm ~do4vunco ecpivalentt to wagcs duris~g a p c ~ i c d mat excccdiing four mrn~lrs. Whcrc laz~rling takca yl2cc al,rosll, cm a.nanu.nlt cqt~ivalart to paymcrit of ~vagcs fcn the f o ~ n

nront l~s pcriod shall Lc ilcpositcd with the Ethiopitn Consul or his rc-

(4) A scvnzrrn whose injury o r aicIi.aa.9 is due W h d h a i p h e or drunks- nasj olr is c s r i s t i ~ & m d cc af vanmad omi,$n, &id be mtitlad to faold and care for 319 long ;119 h e ram,+ cm bamd, but not 710 payment nrf wagca or an allowancc.

( 5 ) X'lic~e a scrzu~n &a3 1x3 dic lrojdt cb aidc.nasu wrr injury b the s.enico of dlc dlip, ~vllalcvar itlie c z w oS eudi eihw ur injury, &c costs of burial 61ltd.I LC LC(IX~C by die dGp.

(1) The sllipowncr sliall repntristc scamcn landed for any reason. In tLc m-c~t c~f itcsnhnuti.a~lz of t ! ~c srticlca elf .mgrccmcat by imutud commt, the

costs of repatriation shall be bornc bp the party designated.

(3 ) In additioa to transporrtz~icm co:s.t3, &C right of rep~l(tr~2ioa %h& in- clude accomnodation and food.

CONTRACTS RELATING TO THE USE OF THE SEW Chapter 1. Charter by Demise

Art. I2G. Definition.

(1) A dizrtex by dmke tis a ccntrrxt .cdiere;>y w e party mdeztakes to pracme to die ather pwty d ~ e p o s ~ ~ af a ship far a definite period, d j e c t to pajmant af ia memt.

(2) Tlic c c n ~ a a t ~11~aJ1 be in ~vnitiag. (31 Tlre caxx~~~at &dl be ~ubjtxt, $0 rhe C i d Code m d trhC upecid pm-

vbiom of d& Code.

b. 127. ProIiibifion against sub-cfrcrier.

Thc charterer may not sd-charter the h i p or assign his right xnder t h e o:grcclllmt c d c j s m iau&oiriscd by &c on=.

Tlic owner ellall dclivcr thc ship, togctlicr with its acccssorics, in a sea- wo,r::iy camdiLi'oa and t l l ~ z l l fur.mi& the Idc~urncata ~ C C W Q ~ ~ for mdtg;z~lopl. EIe ~11311 c x e c ~ ~ ~ t e TQ~LUB r c e c d ice, a ~ a s d t of some anajme ocr ~ ~ m a . l wear nnd t c s ~ xadtlhlg Lfrci~n d ~ e agrcad m c of die dGp.

Art. 129. Liability of illc 0tcnc.r.

Tllc ol\b-ncr d l d l Lsc lixI:l,lc far rlanagas nc3ultintg f r o m unscuworthhcss, unless lic can ello\v that eucli unscaworthincss was caused by a latent defect ~v1lic.I; a prudent oxvnm could met have & o a v d

Art 130, Duties of the Charterer.

charterer shall use the chip in accordmco ~ v i i L the ~pecification~ given in the certificate of seaworthiness and in ~ccordmcc with the terms and conditioais contained in the &arter party.

1Lrt. 131, Duration of the Chartm.

(1) Where the clrartezer retains possession of the ship after the expiry of

the *nu ageed upon, the charter shall not automatiady be renewed hnless expressly so agreed by the amer.

(2 ) 3C13. case of dc1ay caused by &C cIl~rtcrcr.in returning the ship to &c

owner, the owner may claim an amount of rent double that agreed upan in r q e c t of the period of time exceeding the agreed

Art. 132. Limitation of Rights arising out of tJzo Cltartcr.

( l ) n o ri&b arising out of a charter by dcmise shall bc barrod act L &er oco

year from the expiry of tho charter, or in the case mentioned in the fort- going astide, from the ,date of the return of the $hip to the owner.

(2) Ia fie event of a presumptive loss of the ship, the period of t h e &U nm from the date on which the &p IV~IS struck off the Shipping Reg- ister.

Chapter 2. Con!ract of Affreightment Section 1. General Provisions

ASL 133. Definitions.

(l) A aocntr3rct of atfreightment is a contract whereby the shipowner d e r - takes, 8ubject to payment of freight, to proceed with a particular h i p on one or more voyages (voyage charter) or, during the period agreed npun, on the voyage required by the charter nurder &e terms of the contract or as determined by custom (time dharter).

(2) A aontract of carriage is a contract of carriage covered by it bill of lading or any similar docurnoat of title insolar as mch document relates to h e carriage of goods by sea and &all be subject to the special provisions laid down in Section 5 of this Chapter;

Art. 334. ParticuZurs in tlze Contract. A contract of affrcightment s h d ha in ~vr i t kg . The contract, termed a

charter party, rhall indicate: (a) the name, tonnago and nationdiq of the sihip;

(b) tha n m 0 of the master;

(C) tho nvneu and addresacs of th4 shipowner and charterer, and their etat*:

( d ) the nature and quantity of the cargo SO that it may be determined;

(a) the method of cdculntion of freight; ( f ) the duration of the contract or a statement of &o voyages to be

undertaken.

Art. ,135. Sub-chwtcr.

(1) The charterer may not grant a d-aharter, nor assign the righb arising out of the contract of affreightment in ~vhole or in part, without the

permission of tlle s!~ipo\vner.

(2) Jn the event of a e d d a r t e r or t o t d or partid a a i p m e n t of tihe rights arising out of the contract, the principal charterer be liable to the shiposs-aer for obligations undertaken by virtu0 of thc contract of affrei ghtmmt.

M. 136. Goods shipped by the Shipor~ner in the Chartered Ship.

The shipowner *may not,without the permission of the charterer, h i p goods in the chartered &ip, or in tha t part of the ship under charter.

Art. 137, Placing of tlre ship at the disposal of the Charterer,

The shipot~mes a h d pdvcc Ithe &p latt &e lob #the charrtcrnea 36 h time and place agreed on.

hit. 138, Duties of the Shipowner.

The &ipow9!ar s l l rd (be bomd, befaire m d the h-0" uf the voyage, t o e x d s e due duligorrce to : (a) make t h e d$p seawckrthy; (b) pa6perly mm, equip m d -ply &p; (c) make the holds, r a l i g ~ ~ g m d cod &;lPnbms, d d h e r parb of

&e &p Q which goods are c d d , fit m d S& far Ith& recerp2iom, d a g e m d p r ~ ~ o a z .

M. 139. Exemption of the Shipwner from Liability.

(1) The rhipoamer rhall incur no liability for losa or damage arising out of, ox dvrc to, tmseawortfiijness, d e w such lass or damage d b h m hia failure to carry out his duties under Art. 138 or resdts from a latent defect wbi~:h la p d m t ahi'pcmmec w d d not hrme dhmvaed.

(2) The burden of proof under this Artiole shall r w t with &c hi-wwner or with m y obhcr person pleading ohc exemption under this Article.

h. 140. Liability of the Chcrtcrcr.

The charterer &alX be liabIs for damago t o the ship or to tlie goo& d i p

pea, auc to his own f n d t or that of his servants o r rcprcsc~tativcs, or duc to a concealed defect in thc goods.

Art. 141. Port of Dcstirzntion.

(1) The ship s1rnI.l procccd to dlo ngccJ port. If tllc dlip is u a a u e to rcz& s~lcsll port, &c shall procccd to thc port ncucst to tl:c p'lzcc of destinatiox and tllc sllipoivncr ~1113U LCU &C C:~CILSCS of f o m v ~ r d i n ~ h e good3.

(2) These expenses shall bc bornc by the cllartcrer lvhcrc the hindrancc resdt3 from forcc majcurc.

(3) Where the charterer has rcsem-cd the riglit to dcsipztc tlrc port of arrival a t a d s e q u c z l t dztc, cad Ec dcsipatcs 3. port which &c &p cannot safely rczch, &c s!ln'Li be liable f o r all &c comequcnccs thcrcof.

Art. 142. Ship not plcccd at the disposal of the Chcrtcrcr cs agccd.

(1) Whcro tllc drip is not ptlaccd at thc dispcsd of the ckartcrcr at &c timc and place agreed upon, f i e charterer may t cminz ta thc cozrtract by giving notice i n writing to the other party.

(2) A ahipo~vner shall have the same right when &c charterer h33 not started loading within the agreed period.

(3 ) The period of time for loading & a l l be deemed to expire only after the lay daps have m.

Art. 143. Compensation due to CJ~crterer.

I n the case provided wzder Art. 142 (l), the charterer shdl be eatitled to compensation without lodging any formal claim, d c s s thc shipowner can show that the delay is not due to hi fa&.

Art. 144. Termination of the Contract of Affreightment.

(1) A contract of affreightment s h d terminato cs of right and without payment of compensation by either party, where before its perfornancc has commenced a& performance is prevcntod by force majeure.

( 2 ) Where forcc mnjeurc occurs prior to t ? c departure 01 the &ip but after perfomance has commenced, the contract &all terminate subject t o &c payment of compensation, \&ere appropriate.

( 3 ) Whcre force majeure tompornrily prcvcnts dlc dcparturo of t;lc drip, tllc contract ellall remain in force, without any incrcsse in the freight or tile p a p c n t of any compcnsation. TI;c contract shan terminate as of right where the delay results in the breaking off of the commercial transaction by virtue of which either party or both parties had entered into &c contract.

h. 145. Salc of the S l ~ i p .

(1) Thc t r a d e r of o~vner&ip i n the ship shdl not result in the termination of U contract of affreightmcnt entered into prior to m& t r a d e r bp thc seller, wllere t l ~ c purcllascr lrad notice of such contract.

(2) The puralia.scr shall bc decmcd to havo had notice of the said contract where &c scllcr Iiad dccIarct1 its existcnco at the timc of sale,

Art. 145. Limitation of Actions.

(1) 1'110 rights arising out of a coutract of dfreightmcnt shall be barred

uftcr n pcriod of one year from tllo dato of delivery of the goads, and i n tho cvc::: of total ioss f r o n thc day when t h e goods should have been dclivcre~!.

( 2 ) Save aa i.3 cthcr~visc provided in sub-::tide (l), thc pcriod of limitatioa a k d ruz:

(a) in tl:c caso of timc clrartcr, from the date of expiration of &c con- t rac t or dic end of tlic last voyage, ~vhcre the voyage t prolonged un2c: tlic terms of .k. 177;

(h irr L e case of a voyzgo charter, from the date of termination of the vo).3sc;

(C) wl~crc acre u-tro ~cvc ra l royagc9, f r o n thc datc of tcmination of C Z C ! ~ VOyPgC.

Where a voyage has not commenced or terminated, tlic pcriod shall run from the date on ~vhioh the occurrcnco took place which resulted i n impossibility of performance of t h e coatrrtct or continuation of the voyagc. In die cvcnt of presumptive loss of t h e ship, the period shall run from &c date tvl~en the ship was struck off the Skipping Register.

(4) In the cvent of rccovery of sums paid by mistake, thc pcriod &all r u n from the date of payment, and in respoct of actions by way of recourse, from the data of bringing the principal action.

Section 2. Freight

Art. 1.17. Freight Pro rota. Frcisht ehall not be due in respect of goods not delivered to the cozsignec

or not plnced at his disposal a t the port of dcstinstion, esccpt in the event of a stipulation for freight pro rata. hrt. 143. Cascs where freight is duc.

Freight sliaU be due: (1) wlierc failure to deliver is due to the fault of the d~artcrcr;

(2) wlicrc t l ~ c goods liavc perishcd tlirough idlcrcnt vico (vice praprc) ; (3) where dangerous, hnnuful or prohibited goods, the natura of which has

not bcen declared to the shipowner at the time of loading, havo been destroyed.

Art. 149, PcrishaLle Goods.

(1) Freight for ~ e r i s h a b l e goods a h d be due, even where tho goods perish during the voyage due to their nature.

( 2 ) Frciglit a!;all be due for t he carriage of animals which die in transit for any came not resulting from the fault of the carrier.

Art. 150. Repayment of Advances to 1'Master. Whcre freight is not due, the master shall repay a,dvances made to him

on such freight.

,b. 151. S h i p held u p during the voyage. Where the ship is temporarily held up during the voyage due to a cause not

the fault of the shipowner, the agreement &all remain i n force and neither damages nor an increase in the freight may be claimed.

Art. 152. Freight for goods dclit*ered bejore arrival at Destination. Where a charterer wishes to take delivery of goode before arrival at their

d ~ t i n a t i o n , he shall pay the whole freight.

Art. 153. Failure to load full and complete cargo. Where a charterer fa ih to load a f d and complete cargo, h e shall pay

the whole freight; h e shall pay mch expensex3 as result to the ship therefrom. Ile ahall be entitled to an allowance in respect of any enving to the ship in expenscs land in respect of three quarters of the freight of goods loaded by way of replacement.

Art. 154. Prohibition against discharge from payment of freight by abandon- ment of goods.

A charterer may not free himsell from payment of freight by abandoning the g o o b even where, during the voyage, such goods have diminished in valuo or quantity- or have been damaged.

Art. 155. S l~ i~owner ' s Lien.

(1) T h e shipowner &d have a lien on the goods making up the cargo for a period of fifteen days after delivery, where such goods have not passed to third parties.

(2) This lien shall rank after the liens epecified i n h i d e s 97 (21, 249 (2j and 283.

Art. 156. Sl~iporcncr's Rigltt to Jctain Cargo.

( l ) Wherc tile frcigrt is not paid, the Aipowncr may dctain tllc cargo a t tlie port of destination, unlcss he is given such security as i 3 dccrued sufficient by t l ~ c court having jurisdiction.

(2) The court may order the saIe of die goods, up to thc amount of the claim for freight, in accordmee with the provision, oI the Codo 01 Civil Procedure.

Art. 157. Goods mixed zcitlt otlzcr goods of tltc same naturc. Upholding of

rlre Lien.

The lien securing payment of the freight m d it3 accc~sories ah& bc maintainad, even wl~ere the goods far which freight is claimed are mked w i t h other goods of the same naturc.

Section and Demurrage

-4rt. 158. Lay Days.

(1) The d a p fixed for the loading and unloading of the cargo ahd b~ known as lay days.

( 2 ) The lay days shall bc determined by agccnrent o r by custom in the port.

Art. 159. Demurrage. Time mnning after the lay days h a l l be known ss d m m n g c ; such time

may not exceed the time allotted for lay days. During this time, liquidated damngm against t l ~ e chastcrer may be claimed us of right by the shipowner. The amount of liquidated damages shall be 6 t ed by agreement or by custom in port.

hrt 160. Dantngcs jor Detention. Damages for detention shall be due dtu the expiry of dcmw~age. During

such time, the liquidated damages under ArL 159 shall be increased by ono h&, in addition to any compensation tha t may be ,due to tho f n d t of the charterer. Art. 161. Caku~at ion of Lay Duys.

Lay (fa)% S I L ~ be calcr~latcd by day and from hour to hour. Aa. 162. Time jor tlte beginning of Lay Days.

(1) Lay days ehall run from the time when the master h a s given notice thet the ship is ready to load and unload.

(2) T'Loj+ shall be calculated from the time of the resumption 01 work following the time at which the master gave the aforcmcntioned notice.

Art 163. Riglzts of the Master at the Expiry of the Lay Days. After the expiry of the lay days, the master shall have the right to d o d

Clo cargo a t tIlc risk and cost of the chartcrcr. T h e mastcr shall take n l l

ncccssary stcps for thc prcscntation of the cargo.

Art. 164. A c c r a ~ i n g lay days. Lay days for loading and unloading m3y r o t bc s c i o n f i e one against

t!lc otllct unfcss otllcnvise agrccd.

Art. 165. Suspension of Running of Lay Days. (1) Lay days &all not run on holiday3 and other days of rest provided by

custom in port, un.less loading or unloading has actually tnkcn plzce on such days.

(3) Tllo runin; : of lay days dlaU bc suspcndod by forcc msjcure.

(3) TIlc running of time fo r dcruurrage and for rlarungcs for Jctcation s l~al l not bo suspcaJcd by forco mnjcurc, hut thc court map rcduce thc aGouat duc for dcxllurragc ~:.'Iicre tile IlinJrzncc is

Art. 165. Eon:rs /or Dispatc l~ .

(1) A dlartcrcr who rcleascs the ship before the lay days have run shall be cntidcll to a bonus for dispatch c z l d a t e d a t the same rate as for l2y days.

(2) In calcnlating such bonus, aIl the days, shall be t a h n into account

including days suj;cn2ing tlie running of lay days.

(3) The provisions ol sub-art. (1) and (2) may bc set aside by a;:cczlcnt

bct~veca tllc parties.

Art. 167. Set Off. Any set off as betrvcen demurrage and a bonus for dispatch in rospcct of

loading or unloading shd l be calculated in value and not i n time.

Art. 163. t icns and Limitation. T h e Gcns and thc period of limitation laid down in respect of frcight

&3ll apply t o demurrage and damages for detention,

Art. 169. Zien for Demurrage and Damages for Detention tulrich ltave not

bccn settled,

Therc is a lien for demurrage and damages for detention incurred on loading udcss expr~s ly excluded in the contract of carriage.

Section 4. Special Provisions Regarding Time Charters Art. 170. Time Charters.

A timc charter relates t o the whole or to a detennincd part of the @hip.

Art. 171. Dzetics of the Shipowner, (1) TIlc shipowner shall carry out the duties in connection with the

opcrztion of the ship.

( 2 ) I?c s !dl commission, maintain and provision the ship, and shall engage, board and pay the crew,

hrt, 172. Duiics of ~Jrc Clrarlcrcr.

(1) The charterer &all carry out tLc duties in cocllection with the con- mcrcial mznagcmcnt of the ship.

(2) BC shaU ~u,E,& fud, water for the boilers and lubricants. He ehall defray cost of crctv'a orertimc worked o a his orders, os well as harbonr ducs, pilotage, to~vagc and other cqcniscs in conncctim with the com- mercial operation of &c &p.

Art. 173. Debt for Freight. Freight is duc Ly tho charterer for the timo the ahip is at his disposa!.

In thc cvcnt of cmlargo, scizurc. condemnation or loss of the ehip, thc frcight is due up to tllc date tltcrcof.

Art. 173. Prcsztmptivo Loss.

In f i c cvcnt of prcs-mptiva lasd, frcrght is duo up to t h o date of fie last ncws of the ship, and for one half of the time which has elapsed since that date and &c date m which &o vopago should havc been accompllished.

Art. 175. Delay of tlzo Ship.

(I) Frcight is due I--hcre the ship is delayed for naviga t imd rcasons.

(2) Whcrc the ship is delayod for ;z consccutivo period of morc than forty- cight hours as a result of her nnsca~vor&iness or embargo or through the acts of the cxm7 n o freight &all be due for the dday.

Art. 176. Rigltts of an Unpaid Shipowner.

(l) A shipo~vner who has not bcen paid f o r freight which is due is entitled to take over &c &p one fd day after deIivery of a dcmad to pay which h a s s o t been complied with, in addition to any other damage3 which map: becomo due.

(2) In this evcnt hc &al l carry tho cargo to its destination and may detain the cargo on (arrivzl.

Art. 177. E.rtcnsion of tlcc Corztract by the Ckartcrcr.

(1) h chartcrcr who is unable to rcturn &c d i p at thc timo ascod, thc ship itcing on voyage, 8lld.l pay tho amount of the freight for the duration of tlla extension of aontract during &c fiftccn days following the e-qirtltion of the coatrsct, in addition to any other damages which may become due for any period of extension exceedimg the first fiftees days.

(2) Freight &aU not be reduced where t h e ship is returned before the expiry of the agreed period.

h. 178. Return of the Slaip. The ship ahnU Bc returned to the hipo owner, at the expiry of the charter, at tho agreed place.

Art. 179. Cftartcrcr tu!;ing oucr tlr c Commcrcial and Nautical 0peratio;t of tfta Ship. (l) A diip and crew may Lc llclndcd over Ly tkc ehipowncr to &c ciiartcrcr

lo t n ~pccificd period. Tbc cliartcrcr sbaU take over tllc commercial an11

nautical operation of tlie ship. (2)' The provisions of Articles 173, 171, 175, 176 (l), 177 and l7G ~1:311

~rcc:ncnt. apply to any suck a,

Section 5. Special Provisions Regarding Contract of Ccrriaqe

Supported by a Bill of Lading Art. 180. Scopc.

(1) Tllc provi.iions of this 5cct ion &all only nppIy to contractj ol carriags of goocl~ supported by a bill of ladins or any other document of a

similzr nature.

(2) They shall not apply to charter partic3, provided that rvhera there is aifrci&tment by charter party any bill of lading or similar document issued undcr or pursuant to a charter psrty shall be subject to these provisions from the moment at which such bi l l of lading or similar d o c n e n t re,datcs t hc rclatiop, bet~vccn P carrier 2nd a holder of thc eamc.

(3) They &all apply only during &c period from the time when the goods

are loadcd to the time when they are discharged from the hip. (4) They shaU not apply to the traxsport of live animals and goods as are

bcing carried on deck ander the contract of carriage.

( 5 ) Tlte term "carrier'? indudcs thc owner of thc ship or a pcrsan managing t h e ship, o r the charterer, rtho enters into r contract of carriage with D

&hipper.

Art. 181. Issue of Rill of Lading.

Tllc carrier or his rqwcsentativo shall, after receiving the goods, issue to rllc shipper a bill of Iading.

Art. 182. Particulars in the Bill of Lading.

The bill of lading shall be dated and s ipcd by t he carrier or his reprc- scntative. It shall contain thc fobwing particdars: ( a ) d ~ c nanzc nnJ address of the carrier;

(I) the namc and address of the shipper; (c) die name and nationality 01 the ship; (d) the place of destination and, where the bill of lading is isued to X

named pcrson, the name of the consignee;

(e) thc goodj delivcrcd to &c carricr; ( f ) d:c place and datc af loading; (g) thc amount of freight.

Art. 133. Shipping filarlzs.

(1) The bill of lading ~11aI.l &olv t5e sliipping m a r h , t he ntuxibcr of packages, and objects, or the quactity o r ~vciglrt of the goods, i;l accor- dance with tflc par:icdars givcn by the shipper in writing le lorc dip- mcnt, and the apparcnt orclcr and conclition of tllo goods.

(2) T h e m;lrks shall Lc such as to identify tho goods asd shall be affixed so as to b e ordinarily legible until delivery.

(3) The carrier or Jlis roprcscstativc n a y rduse to cntcr in t he bill of lading t h e particulsrs givcn Ly the shipper concerning the m a r k of goods, or their quantity, nature or weight, where h e has reasonable g r o u & for eqect ing thcir accuracy or where he has h a d no rcasonjble means of checking their accuracy,

Art. 135 Inaccurate Statement b y Shipper.

miLere a shipper has not accurntely described the marks, number, quantity, nat-are and weight of goods, he &;iU be E&le to t he carrier for all loss, damages, and eqeclscs resulting therefrom. h inaccurate etaternent has effect oaly against the shipper.

Art. 133. Volztntary false statements. Pirllc;.c a shippcr has intentionally made a f a h e s t a t m c n t regarding the

naturc, quantity or value of the goods, the carrier &all not Le liable for loss of, or dauzagc to, euah goods.

h t . 186. Receipt before Slziprncnt.

The rcccipt dclivcred to tllo h i p p e r boforc the goods are shipped sllall bo proof of the dclivcry of t31o gooils to d i e czrricr. M t c r ~ h i p m c n t of the goods on board, the receipt shall be exchanged against a bill of lading, which sllall bc proof of tllc sllipnlcnt of tko goods.

Art, 187. Original of Bill of Lading,

( I ) T h e bill of lading shaU be drawn up i n two originals, of wLidi one shall be dclivcred to the shipper and the other rctzinod by tllc csrrier.

(2) The original rctaincd Ly f i e carricg s!lall be signed by the sllippcr or his rcprcscntative and shall carry an exprcs notice that it is not tram- ferable.

( 3 ) The original bandcd to the ~1l ippcr shall be a i p c d by the carricr or borne other person on the carrier's b e h a and confers on a holder in due conrsc the right to procure delivery of the goods and to dispose thereof.

Art. 188, Bills of Lading drawn in Several Parts.

(1) The original of the bill of Inding delivered to the shipper may b e drawn in scveral identical parts, each with 3 serial n d c r in the tcxt of the instrument. EncIi part shall shorv thc lrumbcr of parts i n circulation.

(3). Each part shall confer tllc came rights. mherc title to one part zccraes,

the ot!lers shall Lo of no value.

Art. 189. Forms of Bill of Lading.

,4 LiU of lading shall be drawn to R namcd p e r ~ o n , to order or to bearer.

(1) A bill of lading to a namcd porson may be assigned, but is c o t negotiable. The carrier may o d y deliver the goods to tho pcrson namcd.

( 2 ) bill of lading to order is negotiable by eadorscment, The goo& may only be dclivcrod to t l ~ c beneficiary under the endorsement.

(3) A bill of lading to benrer or a bill of lading to order endorsed in blank is negotiable by 6imple delivery. The carrier ehall ddiver the goods

against surrender or the bill of lading,

Art. 191. Prohibition against Negotiation,

Prohibition against the negotiation of o bill of lading shall be clearly indicated on the bill of lading.

Art. 192. Conflict between hotders,

Vhere a dispute arises between holders of several negotiable parts of a single bill of lading to order, before any delivery of the goods by the carrier, preference shall be given to the holder of the part bearing the earliest endor- semen t.

Art. 193. Dcliumy of the goods to a hotdm in good faitlz,

Aftcr delivery of the goods to a holder in good faith of a negotiable part of a bill of lading, t he holder of anotlier part may be prefcrrcd against such holdcr i n good faith, even undcr an earlier cndorsement.

Art. 19-1. Conjlict tettccen tlte terms of a Bit2 of Lading a d those of a

Charter Party.

(1) T h o tcnns of a bill of lading may only be prcferrcd against tlic tcrm.3 of a cl~nrtcr party where it is shown tltat tkc parties 1.ravc so agrczd.

(2) T!ic tcrxns of a c l~ar tc r party may be set up against a third person holdcr of a bill of lading wllcre suoh third party holder know of the existcncc of &c charter party.

Art. 195. Delivery Warrants.

(1) Any person entitled to dispose of goodj by bill of lacling nay , whero 60 stipulated in t h e contract of carriage, require the carrier or consignee to hand over dclivcry warrants on the master or comipec, relating to separate batches of the goods rcprcscnted by tlic liLI of lading.

( 2 ) Wlicrc the carricr issucs such dclivcry warraats, he sl~all note the f ac t

on the negotiable original oE t!lc t i l l of lading, together with the parti- culars of good2 spccified on the warrants. Thc warrsnta shall Lc signed Ly thc carrier and tlic claiziznt. Where tllc cargo rq)rcscntcd by &c

bill of lacling is diviJcd bctmccn scvcral dclivcry marrznts, the carrier shall 'take up tlle negotiable original of tllc t i l l of lading.

( 3 ) Ddivery warrantj so issued shall confer the rights mentioned in Art 187 (3 ) . Thcy may be drawn to a named pcrson, to ordcr or t o bearer.

Art. 196. Duties of the Carrier.

(1) The carrier shall be bound by the dutiea set forth in Art. 138.

(2) He &all propcrlp and carcfdy load, handle, stow, carry, keep, carc for and disclarge the goods carried.

Art. 197. Liability of a Cmier.

(1) Neither the carrier nor the ship shall b e responsible for loss or damagc arising or resulting from :

Act, neglect, or default of the master, marker, pilot, or the servants of the carrier in the navigation or in the manageaent of the ship; Fire, ndoss caused by the actual f a d t or privity of the carrier; Perils, dangers, and accidents of the sea or other navigable waters; Act of God;

Act of war; Act of publ ic enemies;

Arrest or restraint of princes, rulers, o r people, o r seizure under legal process;

Quarantine restrictions; Act or omission of the shipper or o~vner oE the goods, h'u agent or

representative;

(j) Strikes or Io&-outs or stoppage or restraint of fahour from what- ever c3nsc, wkedcr partial or general;

(L) Riot3 and civil commotions;

(1) Saving or attempting to ~ a ~ e life or propcm at .er;

(m) \Vastngc in bulk or wcigllt or any otllcr loss o r damagc arising from inhcrcnt dcfcct, quality, o r vicc of the goods;

(n) Insufficiency of packing;

(0) Insufficiency or inadequacy 01 marks;

(p) Latent defects not discovcraWc by duc diligcncc;

(q) Any o h c r cause arising M-itllout tlic actud fault or pr ivi ty of thc carricr, o r wit1;out tLc fault or nczlcct of d ~ o ngcnts o r servants of tllc c ~ r r i c r , but the burden cf proof shall bc on the person claiming thc Lcncfit of this crccption t o s1lo.c~ that neither the actual fault o r privity of the carricr car t!lc fault or neglect of the agents o r servants of thc carricr contribctcd to the loss o r damage.

(2) The ghippcr shall not bo rcsponsiblc f o r loss or damage sustained by the c a n i e r o r &c ship arising o r r d t i n g from any cause wit-l~oxt the act, fault, o r ncglcct of tl:e shipper, his agents or his servants.

Art. 193. Glota? Statutory Limitation of Liability.

( 1 ) h respect of loss of or damage to goods, the liability on the carrier shall not cxcecd one thousand Ethiopian dollars,

(2) The statutory limitation &all be determined by package, d in respcct of goods load& in bulk, on the basis of the ~ m i t nonnaUy serving f o r tlic c a l d a t i o n of the freight.

(3) Thc statutory limitation may not be set up against the shipper where i11o nature and value of t h o goods have bcen declared by the shipper 1,cforo hipmcnt, and such dcclarntion has bcen inserted in the bill of lading.

Art. '199. CooJs not Jcclarcd or inisdcclarcd.

Pjhcrc thc ==:er finds on board ship goods which have not b c a clcclarcd a: which have bccn misdeclarcd, the master may, without prejudice i o 3 claim f o r further ilarnizges, unload the goods, at the placo of shipment or chatgc them for f r c i ~ h t at tha higlicst rate payable at die same place f o r goods of tllo sanio kind. Att. 200. Dcngcrorcs Goods.

(1) GooZs of on id lamn~aLlc , cxploeivc, o r Jangcroue saturo to thc ahip- mcnt wkcrcof t l~c carricr, master or ogcnt of thc carricr has not conscntcd. with ~ P O W I C J ~ O of their naturc ancl cl:nractcr, may a t any time bciorc dirc!large 1)e landed a t any plarc or clc.stroycll or rcnclercd innocuous by tho carrier, withont compemntion. The aliippcr shall be l in l lo for all damage3 and expenses directly or indirectly arising out of t h e udoadina of t l ~ e goods.

(2) If any suc11 =;ooJj sllippctl t v i l l l s t ~ c h knowlctlgc and consent shall Lccomc a danger to t.hc ~d l ip or cxrgo, they Inay in like mazncr Lc landed a t

any placc o r destroyed o r rcndcrcd innocuous by t h e carrier without liability on the par t of t!lc carrier csccpt to gc=lcraI averagc, if any.

Art. 201. Sotice to bc giucn to tJ~c carricr in the cvcnt of loss or Jantagc.

(1) In t h e cvcnt of 1 0 ~ 3 of, o r danlagc to, t!~c goods, notice in writing shall Ic given to the c2rricr or to hi3 agcnt in the port oE unloading pr ior to, or a t the tirnc of, the rcnloval of t h e good3 into t h e custody of t he person enti t led to JeJ ivcq tllcreof uncfer the contr;ict of carriage. T h e good3 shal l be d c m e d to llavc bccn delivered Ly tllo carrier c ~ s dcscribcd in t he bill of ladin,g ~vl lcn noticc in writing has no t tccn given,

( 2 ) In the cvent of loss o r damage which is no t apparent, noticc may bz given widiin th ree day3 after ddivcry, holidays being excluded.

(3) Tlle noticc in 1vrit;'ng sl1al.I not bc scquircrl zvherc thc state of the goods has been determined by joint sun-ey o r i ~ ~ ~ c c t i o ~ ,

Art. 202. Termination of Contract of Carriage.

The provisioxu of Articles 144 and 145 shall regulate thc termination of a contract of carriago of goods under b i l l of lading.

Art. 203. Limitation. (1) Tlie rights arising out of a contract of carriage skaU bc bnrrcd after one

year f rom the delivcry of the goods and, ~vherc t11c goods have not been delivered, f r om tlic day when they should have been delivered.

(2) In the casc of rccovcry of p a p c n t made by mistake, thc period 411al.l run f rom t h e d a t e of payment and, for proceedings by way of rccorlrse, from tlie date of the introduction of the main action.

Art. 204. Through Bill of Lading. (l) A pcrson who issues ,a throng11 bill of lading shall alonc cxcrcisc the

rights and incur t h e liabilities arising o u t of the varicus stages of transit until the compIetion of the carriage. He 8IidI be responsible for t h o acts of t he successive carriers w h o m 11e has appointed in his place.

(2) Each carrier so appointed shall only be l iable f o r damago during the time tha t he was r e ~ o n s i b l e f o r the goods.

Art. 205. Nullity of Clauses in a Bill of Lading reticving a Carrier from Liability.

(I) Any clause in a bill of lading o r any instrument of mari t ime carriagc o&ez than a charter pa r ty vhi& directly or indirectly relieves a carrier f rom the liability imposed o n such carrier by common law or t h e pro-

visions of this Scc~ion, or any clausc rcvcrsing the burdcn of proof as set forth unJcr tllc Iz~vs in forcc and thc provisions of this Scction, shaU be null and voi J.

(2) A bcncfit of imurance in favour of the carricr or similar clauso &a11 Lc dccrucJ to Lc a clausc rclicvin;: &c czrricr from liability.

Art. 206. Cnrricr ntay increase his liability.

(1) A carrier may surrender in ~vhola or in part 3U or my of his rights and immunitics, or incrcnso any of his rcsponsibilitics and liabilities under this Scctioa provided such surrcndcr or increzse s h d be c d a d i c d in the bill of lading issucd to the sllippcr.

(2) A cnrricr or a sl1ippcr may insert in a contract stipulations, canditions, reservations or imnlunitics conccrnizg the obligations an2 Ziability of the carrier for loss of or damage to gooh, or concerning t h e 2 castody, care and handling prior to shipment and after unloading of fie ship on which the goods are cmfzci.

Art. 207. Special Cases.

Notwithstanding the provisions of the preceding Articles, in any cosc

where either the special nature of the goods or the exceptional circumstance; of the carriage warrant a ~ ~ e c i a l ageemcat, suoh agreement shall be batvn up by the parties, provided that no negotiable bifl of lading is issued.

Art. 208. Jurisdiction.

The consigncc or the dlippcr may bring procccdhgs against the carrict at the port of arrival of the goods where such port i s in Ethiopia.

Art, 209. Arbitration Clause.

An arbitration &use inserted in a bill of lading may in no event grant to the arbitrators the power to settle a diffcrenec by wry of composition.

Chapter 3. Carriage of Passengers

Art. 210. Definitions.

( 1 ) In &is Chaptcr, the term ''cmier" includcs any of thc following persons who entcrs in a contract of carriage, namely the shipa~vncr, thc chartcrcr or thc opcratot of the skip.

L1 (2) The t erm contract of carriage" mcnpr a contract to carry passenger3, and does not include a charter party.

(3) Thc term means o d y the pcrson carried in a ship under a

contract of carriage.

(4) A contract of cnrriago of passengers shall bo in t h o prescribed f o r n .

Art. 211. Proltitition against Assignment of Ticket.

Whcrc the contract tickct shows the name of the passenser, the passenger may only assign his right with the consent of the carrier.

Art. 212. Cost of Board.

Unlcss othcrwisc agrccd, the cost of board f o r a passenger is included in the price of the passage.

Art. 213. Passenger embarking witlzout a ticket.

( 1 ) Whcre a passenger embarh without a ticket, he shall fortwith notify the master or the purser.

(2) WIiere the passoragar fxils to comply with t.hb ddigztiad he &j1l pay twice the price af the passage up to the p a t t o which he is triavelling or

*in wIlicL, he ij disembarked.

-41% 214. Passage not undertaken, tlzc passenger not being at fault.

Where a pmsanger is unable to undertake the.passage for remocns beyond Izi9 control, the cantract shvU terminate land t h e carrier &d be cntided to m e quartor of !he pasage maney, exduding the cost af bomclitllg whem board is irrcludod in the price.

Art. 215. Passenger failing to Embark. W here a pwenger fa& to embark, he b liable far the full p w q e woauey.

-4rt. 216. Cancellation of the Contract.

(1) The contraot is amcallad wttiIiout ranp campane~i~c~~ baing due 6y &&CS

party whorc die ship b praventod fmm sailing rfou cevsloms outside the comtrol af tlic cmiar. Tlie carrier &all rapay t h e piwage mmey received to %!~e ps,cssazlgcr.

(2) Klicrc the ~11ip ~ U C S not sail cm the day K i d by t h e cads or h3s repre- ecntztive, the ~p3r?scmager m a y require the aancell~w). of the costrwt, without prejudice to damages.

Art. 21'7. Ternzinntion of tltc Contract due to Hostilities. Tlic pawon,rrar may r,cpi\rc the tarmintath af the cmtract whcre, dtar

tllc a~nt1trc.d~ od hcritilitiau, dlc diip .is liable to capture @md may no lo.ngerr bo cacnsidmad ms free.

Art. 218. Termination tlrrough cancellation of sailing.

(1) Tllc cantauct 911311 1)c ca~rrr~11od wlwre &c omior caruc02~ t l ~ c sailing m d tlie voyage cannot mbc uxztlxtdcwr tdhin n ~ c u j c ~ n t a l l e pcriocl on another ahip caf an cquivdtxlt clam of .die same cmhr or 01 ; u ~ ' o ~ I Q ~ carrim.

(2) Tlic C-cll;lrtion of the cornltmct may be re+od ~vhore &c c d e 3 : ohm- gm the zautc ia .a m w a r prcju&id to thc passagcr.

(3) I n both cvcnts sct fortli abovc, t l ~ c pxscngcr is entitled to damages. Vbcrc cmccllatis.11 of ~ d i l n g or (a clzam,-c cf routc rzliaa plzcc far good reason, compcmatim may nort a c c a d ,twice tllc iamoruct af t h c PT;SS~I~;C momy.

Art. 219. Breaking of tlrc Voyegc dr:c to Force Majeurc.

( 1 ) T ! ~ o r e a voyage is broken a3 a result of force maj,cllrc, die p.mage rccney allall a d y be due in rcz-cc: c1 that part of dlc journey tactudy ,accoa- p l:.& CA

( 2 ) TIlr: full amount s l i d Lc due w1ier.c &c cmicr, ~vitllin a rrcsaaahla p&.od, and rat hi3 own expamoe, enables thc p ~ u m g a r t o pnceed on hit voyssc by a d i p of an equivde& class, mnd pravidcs the p rwengcr d irrhg the h t e r ~ e n h g time IVMI batmclhg m d lqdgi:n,n, ~vlicrc hfdudod in thc price of ihe pasage.

Art. 220. Passczgcr obliged to brcalc thc coyage for rcasons 0r:tside h$ conrro!

(l] Whare a passenger b cbligsd t o bro& his royagc for r c m m outaidc llir contr0~1, the pusage mczey d id bc TIC in pnqortion t ~ ) &c journcp actl~ally accompl&ed.

(2) Whme &C myage &ip&endueb t h e paanccngciaawn *ccb, mcli pmicr- mer shzU bc liable f o r ale cc% 06 &c an=aairmder ci rhc jonrnley. h

-4rt. 221. Passenger suffering from c:n infcctious disease.

Where a p ~ m g c r i 3 sdf arhg frcm m iidoc~iou i i i iasc Ire lsli nl l Le I a nt le d at &e ixdmblirtqd place ~vheoe t he &lip tauchar.

Art. 222. Liability of the Cmier for delay or failzoc to c m y o~tr iho contract.

Tlrc camdcx d i a l l be PYble far tsnp damage cantaod t o ilzo pzucn.gcT Ly x o m n of dcluy a- f3iluu-c t o cmry oxt the contract, o.alea dlc enmifir can slto~v din d delay or hilurc w a due to circurm~mco outaide his control.

Art. 223. Liability in case of Jcatf i of or injury to Passenger.

(1) T l ~ c cvrricr sl!l3:1 Lc XAlc fin h dmagc yniSia1g out af the deartI1 of, or bodily injury t ~ , a psx4cngar, wl~nra e11cb darnagc accurrcd wllilst ihc p w g o r w u ca board, from 1d1c uime otf embarks~ion until di~cm1~arIcn- t:.r?n or Lt~.rin~,n mborkstim rli.samha~1c at.ion, un ~ P S J tJl e carricr cm

allow that sucli dcatl~ or injury was due to ciroupzstmc~ oulaide his can trol.

(2 ) The liability of tllc carrier for tllc death of or personal injury to, n p a r sengcr ellall in no onse cxeecd Eth. $40,000.

(3) Kllere dn~nnger may Le awarded in the form of periodical payments, tllc c q ~ ~ i v d c n t capital a11 all not a r r c d the s m c limit.

(4) Ncvcrtl~clcss, L y epcciol contract, tbc carrier and tllc passenger may agrcc to R highor linriit af liability.

( 5 ) The carrier a h d mt Be cntirlcd to the bendit 04 the ilaitntian ol l i J i - lity if it ia proved tlrnt the damage r d t e d h am act m oankinm of &a

carrier done with intent to cause damage or recklessly and with knowledge that damage ~ v o d d prab&Iy r d t .

Art. 223. Carriage of Baggage.

(1) The provi3ians regarding the c=iage of goods 6 L d q p t ~ to the carriage af baggage where the baggage t taken im custody against a receipt

(2) The carrier &all not be liable fo r loss <xf or damage to baggage in respect of whidi no receipt h*, been gven and whieh xz~~aim in the crrstody of the pmwn,ger, unless the paasllger can rhaw thirt m& loss or damage w a due to the fault ob t he carrier or tls representative.

Art. 225. Gratuitous Carriuge.

(1) The provisioum of Az-ticla 222, '123 a d 224 a h d apply Sa gratuim carriage.

(2) In &a c a e of roluat iq carriage, the carrier &A aplp he Xiable w h the penon csmied c m @how tbat the damage arm ahmugh the hand or ~ 0 9 s negligmke 06 the c a . r r k m Ea s e i p ~ ~ ~ ~ ~ M v c .

Art. 226. Articbs 223 - 225 Always Applicable. The provisions of Articles 223 to 225 shall apply notwithstanding any

agreement to the contrary.

Art. 227. Carrier's Lien on Baggage.

Carrims &all hiwe 3 licni oa the baggage of pasesgers on board for mms due under die contract of d a g c .

Art. 228. Limitntion of Actions.

( 1 ) Actions arising out of the contract of carriage of persons and of baggap for which no receipt hse been given && be bmad aftez one year.

2 The period of limitation hall run fromi the dlpp w h a the act compldnad of took place, or from the date of conc1usion of the contract.

(3) The p r o ~ ~ n , d Art. 203 shdl apply to adi0.m ariring out of U comtrut 01 carriage for baggage taken into custody against rcceipt.