International rail transport refers to the use of uniform international rail transport documents by the railway sector in two or more countries for rail transport。Most of our imports and exports with our neighbours are carried by rail。
Who is in charge of international rail freight？
There are two major conventions on the international carriage of goods by rail, namely the Convention on the International Carriage of Goods by Rail, 1961 (hereinafter referred to as the International Contract of Goods and the Agreement on International Through Carriage of Goods by Rail, 1951), to which China is a participant。
The main contents of the International Cargo Association:
1. Conclusion of a contract of carriage
The shipper shall fill out the waybill for each batch of goods in the prescribed format, and shall submit it to the originating station after signing by the shipper。When the goods are carried from the point of origin, the contract of carriage is formed。After the consignor submits all the goods and pays for the goods, the consignor station stamps the delivery date on the waybill, and the stamped waybill becomes the proof of the contract of carriage。Transport documents are the evidence of railway transport of goods, and also the basis for railway to collect related fees and delivery from the consignee。The waybill has no proof of title and cannot be circulated。
Liability and time limit of the carrier
The period of liability of the carrier is from the date of issue of the waybill to the date of completion of delivery。At the same time, the carrier shall be liable for losses caused by the loss, damage or delay of all or part of the goods。The railway department shall be jointly and severally liable for the goods according to the waybill and shall be liable for the goods。
The carrier's lien
According to the provisions of the Convention, the railway authority can exercise a reservation right in respect of the goods, ensuring the accounting of all costs under the contract of carriage。Whether the lien is valid on the basis of the laws of the country where the goods are delivered。
4. Exemption of the carrier
Article 22 of the Convention，The case of the carrier may be exempted，It mainly includes: a railway can not prevent and eliminate the situation;Damage to the goods caused by their natural characteristics;The fault of the cargo;Open carriage permitted by railway regulations;Packaging defects that cannot be detected during transportation;Consignor incorrectly consigns contraband;Specified itinerary, etc. within the standard。Therefore, the railway carrier should bear the full liability for negligence, and its exemption should be non-fault liability。
Liability of the carrier
Method of compensation by the International Cargo Association for loss of basic goods under this Convention。The amount of compensation paid by the railway department for the loss of goods shall in no case exceed the amount at the time when all the goods were lost。In case of damage to the goods, the railway shall compensate for the damage according to the value of the goods。In case of delay in delivery, the railway shall pay to the consignee the penalty for delay stipulated in the freight according to the delay period。
6. Timeliness
According to the provisions of the International Cargo Association, claims and lawsuits brought by the parties against the railway under the contract of carriage, as well as claims and lawsuits by the railway against the shipper and the consignee for freight, fines and damages should be filed within nine months;Claims and actions for overdue goods shall be filed within 2 months。