Common use of Basis of liability Clause in Contracts

Basis of liability. 1. The carrier shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used. 2. The carrier shall be relieved of this liability (a) if the accident has been caused by circumstances not connected with the operation of the railway and which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; (b) to the extent that the accident is due to the fault of the passenger; (c) if the accident is due to the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected. 3. If the accident is due to the behaviour of a third party and if, in spite of that, the carrier is not entirely relieved of his liability in accordance with paragraph 2, letter c), he shall be liable in full up to the limits laid down in these Uniform Rules but without prejudice to any right of recourse which the carrier may have against the third party. 4. These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in paragraph 1. 5. If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to the contract of carriage to provide the service of carriage in the course of which the accident happened shall be liable in case of death of, and personal injuries to, passengers. When this service has not been provided by the carrier, but by a substitute carrier, the two carriers shall be jointly and severally liable in accordance with these Uniform Rules.

Basis of liability. 1. The carrier shall be is liable for the loss resulting from loss of or damage resulting to the goods, as well as from delay in delivery, if the death ofoccurrence which caused the loss, personal injuries to, damage or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening delay took place while the passenger is ingoods were in his charge as defined in Article 4, entering unless the carrier proves that he, his servants or alighting from railway vehicles whatever agents took all measures that could reasonably be required to avoid the railway infrastructure usedoccurrence and its consequences. 2. Delay in delivery occurs when the goods have not been delivered at the port of discharge provided for in the contract of carriage by sea within the time expressly agreed upon or, in the absence of such agreement, within the time which it would be reasonable to require of a diligent carrier, having regard to the circumstances of the case. 3. The carrier shall be relieved person entitled to make a claim for the loss of goods may treat the goods as lost if they have not been delivered as required by article 4 within 60 consecutive days following the expiry of the time for delivery according to paragraph 2 of this liabilityArticle. (a) The carrier is liable: (i) For loss or damage to the goods or delay in delivery caused by fire, if the accident has been caused by circumstances not connected with claimant proves that the operation fire arose from fault or neglect on the part of the railway and which the carrier, his servants or agents; (ii) For such loss, damage or delay in spite delivery which is proved by the claimant to have resulted from the fault or neglect of having taken the care carrier, his servants or agents, in taking all measures that could reasonably be required to put out the fire and avoid or mitigate its consequences. (b) In case of fire on board the ship affecting the goods, if the claimant or the carrier so desires, a survey in accordance with shipment practices must be held into the cause and circumstances of the fire, and a copy of the surveyor's report shall be made available on demand to the carrier and the claimant. 5. With respect to live animals, the carrier is not liable for loss, damage or delay in delivery resulting from any special risks inherent in that kind of carriage. If the carrier proves that he has complied with any special instructions given to him by the shipper respecting the animals and that, in the particular circumstances of the case, the loss, damage or delay in delivery could be attributed to such risks, it is presumed that the loss, damage or delay in delivery was so caused, unless there is proof that all or a part of the loss, damage or delay in delivery resulted from fault or neglect on the part of the carrier, his servants or agents. 6. The carrier is not avoid and liable, except in general average, where loss, damage or delay in delivery resulted from measures to save life or from reasonable measures to save property at sea. 7. Where fault or neglect on the consequences part of which he was unable the carrier, his servants or agents combines with another cause to prevent; (b) produce loss, damage or delay in delivery the carrier is liable only to the extent that the accident loss, damage or delay in delivery is due attributable to such fault or neglect, provided that the fault carrier proves the amount of the passenger; (c) if the accident is due to the behaviour of a third party which the carrierloss, damage or delay in spite of having taken the care required in the particular circumstances of the case, could delivery not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affectedattributable thereto. 3. If the accident is due to the behaviour of a third party and if, in spite of that, the carrier is not entirely relieved of his liability in accordance with paragraph 2, letter c), he shall be liable in full up to the limits laid down in these Uniform Rules but without prejudice to any right of recourse which the carrier may have against the third party. 4. These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in paragraph 1. 5. If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to the contract of carriage to provide the service of carriage in the course of which the accident happened shall be liable in case of death of, and personal injuries to, passengers. When this service has not been provided by the carrier, but by a substitute carrier, the two carriers shall be jointly and severally liable in accordance with these Uniform Rules.