Section 14:
Limits of liability when the nature and value of the consignment have not been declared and stage of transport where loss or damage occurred is not known.
(1) Where a multimodal transport
operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof
have not been declared by the consignor before such consignment has been taken in charge by the
multimodal transport operator and the stage of transport at which such loss or damage occurred is not
known, then the liability of the multimodal transport operator to pay compensation shall not exceed two
Special Drawing Rights per kilogram of the gross weight of the consignment lost or damaged or
666.67 Special Drawing Rights per package or unit lost or damaged, whichever is higher.
1[Explanation. -- For the purpose of this sub-section, where a container, pallet or similar article is
stuffed with more than one package or units, the packages or units enumerated in the multimodal
transport document, as packed in such container, pallet or similar article of transport shall be deemed as
packages or units. ]
(2) Notwithstanding anything contained in sub-section (1), if the multimodal transportation does not,
according to the multimodal transport contract, include carriage of goods by sea or by inland waterways,
the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special
Drawing Rights per kilogram of the gross weight of the goods lost or damaged.
Notes:
1 Subs. by s. 8, ibid., for the Explanation (w.e.f. 5-12-2000).