Spanish Commercial Code

Title V

CONTRACTS FOR COMMERCIAL EXPLOITATION OF CRAFT

§ 1. Common provisions

Article 927. The operation of a ship for transportation recognizes two main types of contracts, depending on the nature and extent of the obligations of the shipowner or operator of a contract of charter and contract of carriage of goods by sea.

When the owner or operator makes the ship available to another, so that they use it at their own convenience within the terms stipulated, the contract takes the name of the charter. That puts the ship at the disposal of another is called shipowner and the wearer, the charterer.

When the owner or operator of the vessel assumes the obligation to ship goods from third parties in certain places, drive and deliver them in certain places also, the contract takes name of freight sea shipping contract.

Sea transport is initiated, include river stage or end with, shall be governed by the rules of this Book.

Article 928. The charterparty should always be tested in writing. The conditions and effects of the charter shall be established by the parties to the contract concerned and, failing that, shall be governed by the rules of the next paragraph. The document which is held the contract called a charter party.

The formalities laid down in the preceding paragraph shall not apply to the chartering of vessels under fifty tons gross.

Written expression is used in the first paragraph includes communications the parties have exchanged either by telegram, telex or other means to record or say it stamped by each party tools or equipment designed for this purpose.

When the charter can be justified by any of the forms mentioned above, the relationships between people who have participated and their effects shall be governed by the provisions of paragraph 3 of this title on the shipping contract.

Article 929. The rules on maritime transport contract for the parties will be mandatory, except in cases where the law expressly provides otherwise.

§ 2. Of the charterSection One. General Standards

Article 930. The charter contracts are regulated in this paragraph:

1. ° time charter;

2. ° voyage charter, which may be total or partial, and

3. ° bareboat charter.

In other charters will be as agreed by the parties and, failing that, the rules of this paragraph.

Article 931. In the absence of express terms in an international charter contract, its effects in Chile are governed by Chilean law.

Article 932. The charterer may use subfletar the ship or the carriage of goods by sea, unless expressly prohibited in the contract, it is still a liability to the shipowner for the obligations of the charter agreement.

The subfletamento not create any relationship between the shipowner and subfletador. However, if any unpaid freight from the shipper to the shipowner, it may operate against the subfletador, shipper or consignee for the freight that we were still outstanding.

Article 933. If the ship was disposed of, the trip must be fulfilled that is in execution, in the manner prescribed in the respective policy, without prejudice to the rights of the buyer.

Section Two. The time charter

Article 934. Time charter is a contract whereby the owner or operator, retaining its possession, put the gun ship available to another person for the activity it has, within the terms stipulated by a certain time and by paying a shipment throughout the period agreed or calculated both by day, month or year.

Article 935. References are typical of the charter party:

1. ° Name and address of the shipowner and the charterer;

2. ° Identification of the ship, its characteristics and especially its ability, capacity and walking;

3. ° The shipping and payment methods;

4. ° Duration of the contract and

5. O A reference to the activity that the shipper intends to develop with the ship. If nothing utterance, the charterer may be used in any activity according to your specifications.

The omission in the policy of one or more of the above pronouncements will not affect the validity of the contract to govern in the areas omitted by the provisions of Article 934 and other rules that are applicable.

Article 936. The sailing ship management corresponds to the freighter.

Commercial management of the vessel corresponds to the operator and within that limit can order directly to the master meeting schedule trips, according to the stipulations of the contract.

Article 937. The obligations of the shipowner:

1. ° Present and put the ship available to the charterer at the time and place agreed in seaworthy, suitable for the intended uses, armed, equipped and properly documented. The ship owner must keep the ship in the same seaworthy and fitness throughout the life of the contract, so they can develop activities under it;

2. ° Pay the costs of management of the ship sailing, such as classification, wages and food for the crew, hull and machinery insurance, repairs and spare parts and

3. ° Comply with the charterer to order travel within the terms of the contract and agreed the shipping areas.

Article 938. The obligations of the charterer:

1. ° Pay the freight agreed on agreed terms and

2. ° Pay the expenses relating to or inherent in the commercial management of the ship.

Article 939. The charterer is responsible for the damages suffered by the ship because of its commercial management. Responds to ordinary negligence in fulfilling their obligations unless otherwise stipulated otherwise.

Article 940. The shipowner liable for injuries suffered by the goods on board, due to a breach of its obligations.

The shipowner is liable for damages resulting from the poor condition of the ship and all hidden defect, unless it proves that the latter could not be warned using reasonable diligence.

The shipowner is also liable to the charterer for damage occurred due to lack nautical captain or crew, but not accountable to the charterer for the actions of the captain and crew to comply with instructions issued by the charterer, linked to the commercial or the use it makes of the ship.

Article 941. In the absence of express provision in the contract, the freight is governed by the following rules:

1. ° will be due from the day the ship is made available to the charterer under the conditions stipulated in the contract, and

2. ° The anticipated monthly pay periods.

Article 942. The shipowner may terminate the contract within seven days from the date on which the charterer must pay the freight or part of it which fell due. The termination will occur by the mere statement of the shipowner to inform in writing the charter and also informs the captain of the ship. Made this statement, the freight shall be payable until the return of the ship.

The foregoing is without prejudice to other rights that the contract grants the shipowner in case of non payment of freight.

Article 943. When the ship owner elects to terminate the contract, must provide appropriate destination, the cargo ship have on board.

Shall be entitled also to receive in its favor the freight of the goods we were still outstanding, to the extent of what the shipper will adeudare by its respective charter. To this end, the shipowner may proceed in the manner prescribed in Article 865 of this book.

Article 944. No freight will accrue the time it is not possible to use commercially ship, unless for reasons attributable to the charterer. The suspension shall exceed twenty-four hours to have given rise to the suspension of freight.

Article 945. In case of loss of the aircraft, unless otherwise agreed, the price of freight will be until the day of loss, inclusive.

Article 946. Restore the ship's charterer in the term and location agreed and, failing that, the shipowner's home port.

Article 947. Unless any express consent of the shipowner or the contract so provides, shall not be deemed a contract renewed or extended if the ship be not reinstated within the period stipulated.

Unless the test further injury shipowner, the charterer shall pay for each day during the first fifteen days of delay, an allowance equal to the daily value that corresponded to the contract as the price for the entire period covered. For each day subsequent to the first fifteen days, the compensation shall be at least twice the daily value.

Section Three. The voyage charter

Article 948. The voyage charter can be total or partial.

Total voyage charter is the one for which the shipowner agrees to make available to the charterer, on payment of freight, all spaces that can be loaded in a particular craft, for travel on or agreed.

Partial charter trip is one in which the charterer provides one or more specific spaces within the ship.

The shipowner can not be replaced by another ship in the contract, unless otherwise specified.

Article 949. References are typical of voyage charter, in whole or in part, as follows:

1. ° The identification of the ship, carrying capacity and port of registry;

2. ° The names and addresses of the shipowner and the charterer;

3. ° The indication of the voyage or voyages to be carried out and places of loading and unloading;

4. ° If the charter is wholly or in part, in the latter case, the identification of the spaces available to the charterer;

5. ° The description of the cargo or goods, quantity and weight;

6. ° The expected times for stays and demurrage, as calculated and the value set for them;

7. ° The responsibility of the parties for any damage to the cargo and the ship, and

8. ° The shipping and payment methods.

The omission in the policy of one or more of the above pronouncements will not affect the validity of the contract to govern in the areas omitted by the provisions of Article 948 and other rules that are applicable.

Article 950. The shipowner is required to:

1. ° Present the ship at the place and date specified in seaworthy, properly armed and equipped for operations under the contract and hold it during travel or agreed.

The shipowner shall be liable for damage to goods coming from the poor condition of the ship, unless he proves that resulted from a latent defect it is not likely to be noticed with reasonable diligence and

2. Adopt all necessary measures in his power to execute the agreed or travel.

Article 951. If the shipowner does not ship available to the charterer under the conditions, time and place agreed, he may terminate the contract by written notice to the shipowner.

Notwithstanding the foregoing, the charterer may rescind the contract before the craft starts to load, in which case the shipowner pays an indemnity equal to half the agreed freight, or higher, if the shipowner proves that the damage caused are greater than that amount but not exceeding the whole of that freight.

Article 952. Corresponds to the shipper to designate the place or the site of the port where the ship should be located to perform the tasks of loading or unloading, unless the charterparty have preset. If the charter party the charterer or express anything about it, or if, as a number of charterers, including no agreement, corresponds to the shipowner to choose the place or site. All of which is subject to the administrative rules governing the operations of the ports.

Article 953. The shipowner is responsible for the goods received on board, without prejudice to the provisions of the charterparty.

Article 954. Stay means the period agreed by the parties to execute the tasks of loading and unloading, or otherwise, the term uses the port in question, brought to these tasks.

Demurrage is defined as the time after the expiration of the stay, without request.

The ship owner may terminate the contract if the demurrage time exceeds a number of calendar days equal to the days of stay.

If the policy may be established independent deadlines for work on loading and unloading, they are counted separately.

Article 955. The ship owner must give written notice to the charterer that the ship is ready to receive or deliver cargo. If nothing has been agreed between the parties, the determination of when the ship is ready for loading or unloading, as well as the counting of days of stay, duration, amount and payment of demurrage shall be determined preferably by uses the port on which the transactions occur above.

Article 956. Corresponds to the charterer make timely and cost, loading and unloading of goods.

Article 957. If the charterer shipped only part of the load up to be a period of demurrage, the ship owner may undertake the journey with the burden is on board, in which case the charterer shall pay the full freight.

If the shipowner chooses to terminate the contract, you can download the ship for the account of the charterer, who also must pay half the agreed freight, if the shipowner proves greater injury.

The ship owner shall record its decision on a protest must notify the charterer or representative it has in the place of shipment.

Article 958. Time limits will be lifted when loading or unloading prevent unforeseeable circumstances or force majeure or for reasons attributable to the shipowner or their dependents.

Article 959. The compensation for demurrage is considered as a supplement to freight. Its value is that which the parties have stipulated, failing, which is appropriate for the local use. Fractions of days shall be paid pro rata to the daily amount.

Article 960. If the charterer fulfill the tasks of loading or unloading in less time than stipulated, shall be entitled to compensation for the amount that has been agreed and, failing that, calculated on a basis equal to half the sum that corresponds to demurrage.

Article 961. The contract shall be entitled to compensation for damages to either party, if before the departure of the ship comes a ban on trade with any country to which it was intended, or if it happens any other event of force majeure to do the travel impossible.

Article 962. Where the unforeseeable circumstances or force majeure supervening they be temporary and only significaren a delay in departure, the contract shall be deemed suspended for the entire duration of the impairment.

Similarly, the contract is not resolved and remains in full force, if fortuitous event or force majeure occur during the trip. When this happens, there shall be no increase in freight and the freighter will continue the trip as soon as the impediment is removed.

In the case of temporary disability, the charterer may unload the goods at his expense in the place fixed, a shipowner must pay the freight in proportion to the distance traveled.

Article 963. Unless otherwise estipulare, freight shall be payable in advance for each trip and will be payable from the time they finish loading the respective tasks.

When in the course of its route occurs because of the effects of an event not attributable to the shipowner, the final stop of the ship, the charterer will pay an agreed freight replacement for the trip, which will be proportional to the distance the ship has traveled on-demand point of destination by the parties, unless agreed upon was a freight won every event.

Article 964. When the ship has undergone total charter, the charterer will be able to discharge the goods at any port or place that is in the course of the route, but must pay the total freight stipulated for the trip and all expenses caused by or arising from the diversion and discharge.

Section Four. The bareboat charter

Article 965. Bareboat charter is a contract under which one party, against payment of freight, undertakes to make available another, for a given time, a ship dismantled and no equipment or with equipment and weapons incomplete, yielding to the latter into its possession, control and exploitation, including the right to appoint the captain and crew.

Default of the terms of the contract and not covered in this section, Paragraph 1 and the first section of Paragraph 2 of this title, the bareboat charter will be governed by general rules of the lease of furniture, which may be applicable.

Article 966. The charterer will have the legal status of the owner and, as such, the rights and obligations thereof.

Freight shall be payable, unless otherwise stipulated by the parties for periods anticipated.

Article 967. The charterer may not subfletar bareboat or assign the contract without the written permission of the owner.

As specifically agreed not to subfletamento charterer, it shall be governed by the requirements of this section.

Article 968. The shipowner must file and deliver the ship to the charterer at the time and place agreed, provided the necessary documentation and seaworthy. During the contract will be borne by the shipowner repairs and replacements due to hidden defects.

If the ship inmovilizare as a result of a latent defect, one should not be shipping for the duration, the detention of an excess of twenty-four hours.

Article 969. The charterer may use the ship in accordance with the specifications of it and in accordance with the terms of employment agreed in the contract.

The violation of the provisions of the preceding paragraph shall entitle the shipowner to request termination of the contract and require the charterer compensation for the damages caused.

Pending the resolution on the termination of the contract, the court may order temporary withholding of the ship, if it appears the need for it. All of which is subject to precautionary measures as are appropriate under the general rules.

Article 970. During the contract, the charterer will be charged to repairs and replacements that do not have their origin in some hidden defect in the ship.

Article 971. Shall be borne by the charterer of the ship procurement, hiring the crew, paying their salaries and, in general, all expenses of operating the ship.

The charterer is responsible to the shipowner for all claims of third parties that have resulted from the exploitation or operation of the ship.

Article 972. The operator shall restore the ship to the expiration of the period stipulated in the state in which it was given, except for the wear caused by normal use or agreed. Also, the charterer to shipowner should ensure the release of all lien arising from their exploitation.

The refund shall be made at the place agreed and, failing that, the shipowner's home port.

Article 973. This contract shall apply the provisions of Articles 942 and 947.

§ 3. Shipping contractSection One. Definitions

Article 974. Means that shipping contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another.

The contract which includes shipping and transport in addition to any other means, shall be governed by the provisions of this paragraph only for the period specified in section 982. The other stages will be governed by the rules that apply to the means of conveyance.

Article 975. For all purposes of this paragraph, the term:

1) Carrier or carrier means any person who by himself or by another acting on its behalf, has entered into a contract of carriage of goods by sea with a shipper;

2) effective carrier or actual carrier, any person to whom the carrier has entrusted the performance of the transport of goods, or part thereof, and any other person who has entrusted the implementation;

3) Charger, any person who by himself or by another acting on its behalf or on its behalf, has entered into a contract of carriage of goods by sea with a carrier and any person who by himself or by another acting in name or on its own, the goods are actually delivered to the carrier under the contract of carriage by sea and

4) Consignee, a person authorized by a title to receive the goods.

Article 976. Goods means every kind of property, also comprising living animals.

When goods are grouped in containers, pallets or other similar article of transport or where they are packed, the term goods includes such article of transport or packaging if supplied by the shipper.

The baggage is governed by the provisions of the contract of passage.

Article 977. The bill of lading is a document that proves the existence of a contract for shipping, and certify that the carrier has taken over or loading of the goods and is obliged to deliver against presentation of the document to a particular person, your order or to bearer.

Article 978. Whenever in this paragraph shall use the term in writing, means that she understands the telegram, telex or other means to stamp it, record or repeat what was said by each party using tools or equipment designed for this purpose.

Section Two. Scope

Article 979. Without prejudice to establish international treaties or conventions in force in Chile, the provisions of this paragraph shall apply to all shipping contracts, provided that:

1. ° The port of loading or discharge under the contract of carriage by sea is located in national territory, or

2. ° The bill of lading or other document evidencing the contract of carriage by sea, stipulating that the contract shall be governed by the provisions of this paragraph, or

3. ° One of the optional ports of discharge provided for in the contract of shipping is the actual port of discharge and it is within the national territory.

Article 980. The provisions of this paragraph shall apply regardless of the nationality of the ship, the carrier, the effective carrier, the shipper, the consignee or any other interested person.

Article 981. The provisions of this paragraph shall not apply to charter parties. However, when a bill of lading issued pursuant to a charter party, they apply to that bill of lading if it governs the relationship between the carrier or the holder of cash and the knowledge that is not the charterer.

If a contract provides for the transport of goods in successive shipments during an agreed period, the provisions of this paragraph shall apply to each of these shipments.

When a shipment is made under a charter agreement, will apply the provisions of paragraph one.

Section Three. Liability of the carrier

Article 982. The liability of the carrier for the goods includes the period during which they are in their custody, whether on land or during transport.

Article 983. For the purposes of the preceding Article shall be deemed that the goods are in the custody of the carrier from the time he has taken charge upon receipt of the shipper or the person acting on its behalf, or an authority or other third party to whom, according to the laws or regulations applicable at the port of loading are to place the goods to be shipped, and so far that they have been delivered in any of the following ways:

a) by handing over to the consignee;

b) In cases where the consignee does not receive the goods from the conveyor, making them available to the consignee in accordance with the contract, the laws or customs of the trade in question, applicable at the port of discharge, or

c) handing over the power of an authority or other third party who, pursuant to law or regulations applicable at the port of discharge, have to surrender the goods.

Carrier and consignee terms also include their servants and agents, respectively.

Article 984. The carrier shall be liable for damages resulting from loss of or damage to goods as well as from delay in delivery, if the occurrence which caused the loss, damage or delay took place while the goods were in his custody in terms of Articles 982 and 983, unless he proves that he, his servants or agents took all measures that could reasonably be required to prevent the occurrence and its consequences.

Article 985. There is a delay when the goods have been delivered to the port of discharge stipulated in the contract of shipping, within the time expressly agreed upon or, failing such agreement, if not delivered within the time period in the circumstances of the case would be reasonable to require of a diligent carrier.

Article 986. Goods are considered lost if they have not been delivered to its destination in one of the forms mentioned in the first paragraph of Article 983, within sixty days following the expiration of the deadline determined in accordance with the preceding article.

Article 987. In case of fire, the carrier shall be liable:

1. ° of loss or damage to goods or delay in delivery thereof, if the claimant proves that the fire was caused by fault or negligence of the carrier, its servants or agents, or

2. ° of loss or damage or delay in delivery when the claimant proves that have occurred through the fault or negligence of the carrier, its servants or agents in taking all measures reasonably could be required to turn off the fire and avoid or mitigate its consequences.

Article 988. In case of fire on board, affecting the goods, if the claimant or the carrier upon request, there will be an investigation into the causes and circumstances of the fire, in accordance with the regulations and shipping practices, and provide concerned a copy of the report with the findings of the investigation.

Article 989. In the carriage of live animals, the carrier shall not be liable for loss, damage or delay in delivery resulting from the special risks inherent in this type of transport.

It is presumed that such risks have been the cause of the loss or damage or delay in delivery when the carrier proves that he has complied with any special instructions you are given the boot, and also, in the circumstances the loss, damage or delay in delivery, can be attributed to such risks. Notwithstanding above, the presumption will not take place where there is evidence that all or part of these events have had their origin in the fault or negligence of the carrier, its servants or agents.

Article 990. Should aid be provided to third parties, the carrier shall not be liable, except for general average, where loss, damage or delay in delivery, have come from measures taken to saving lives or reasonable steps taken to saving property at sea.

Article 991. Where fault or negligence of the carrier, its servants or agents combines with another or other cause to produce loss, damage or delay in delivery, the carrier is liable for the loss, damage or delay that may attributable to the fault or negligence or that of its servants or agents, provided that test the amount of loss, damage or delay is attributable to one or other causes.

Section Four. Limits of liability

Article 992. Carrier's liability for damages resulting from loss or damage of goods in accordance with the provisions of the preceding section shall be limited to a maximum equivalent to eight hundred thirty-five units of account per package or other shipping unit or half past two units of account per kilogram of gross weight of goods lost or damaged, whichever is greater.

Article 993. The liability of the carrier for delay in delivery in accordance with the provisions of the preceding section shall be limited to an amount equivalent to two and half times the freight payable for the goods that have been delayed, but not exceed the amount total freight payable under the respective contract of carriage of goods by sea.

Section 994. In no event shall the aggregate liability of the carrier for the concepts in the two preceding articles, exceed the limit set under Article 992, for the total loss of the goods for which incurred such liability.

Article 995. In the limits of liability referred to the above articles are not considered interest on the sum to appraise the damages or court costs.

Article 996. To determine, in the case of Article 992, which amount is greater, the following rules apply:

1. ° In cases where, to consolidate goods, you should use a container, pallet or similar article of transport shall be considered as a package or shipping unit, each of which appear as contained in that element transport bill of lading, if issued, or any other document evidencing the contract of carriage by sea. If you omit the reference indicated in those documents, the goods in such article of transport shall be considered as a unit of cargo carried;

2. ° In cases where it has been lost or damaged article of transport itself, it is regarded as an independent unit of cargo, unless the carrier is owned or provided by him.

Article 997. The carrier and the shipper may agree on limits of liability exceeding those provided for in Articles 992 and 993.

Article 998. Both exemptions and limits of liability under this paragraph shall apply to any action against the carrier for loss or damage to the goods referred to in the contract of carriage by sea, as well as the delay in delivery, regardless that the action is founded in contract, in tort or other cause.

Article 999. When you exercise the actions of the preceding articles against an employee or agent of the carrier, they may qualify for exemptions and limits of liability which the carrier can invoke under the provisions of this paragraph if he proves that he acted in exercise of their functions.

Section 1000. Notwithstanding the provisions of articles following the total of the amounts recoverable from the carrier and any person referred to in the preceding article shall not exceed the limits of liability provided in this paragraph.

Section Five. Exceptions to the limitation of liability

Section 1001. The carrier may not invoke the limitation of liability provided for in Articles 992 and 993, if it is proved that the loss, damage or delay in delivery resulted from an act or omission of the carrier done with intent to cause such loss, damage or delay or recklessly and in circumstances which may be assumed that probably had knowledge that such loss, damage or delay.

Section 1002. Notwithstanding Article 999, servants or agents of the carrier may not invoke the limitation of liability provided for in Articles 992 and 993, if it is proved that the loss, damage or delay in delivery resulted from an act or omission of them done with the intent to cause such loss, damage or delay or recklessly and in circumstances which may be assumed that probably had knowledge that such loss, damage or delay.

Section Six. Deck cargo

Section 1003. The carrier can only carry goods on deck under a prior agreement with the charger, or when permitted or authorized the use of the trade concerned or otherwise required by current legislation.

Section 1004. If the carrier and the shipper have agreed that the goods are transported or can be carried on deck, so expressed in the bill of lading or other document evidencing the contract of carriage by sea. In the absence of written statement on the matter, the carrier must prove the existence of the agreement, may not be invoked against third parties, including with respect to the consignee who acquired the bill of lading in good faith.

When goods are conducted in containers on a ship capable of transporting them, it is presumed the prior agreement referred to the first part of the preceding article, unless the applicant proves otherwise.

Section 1005. When the goods have been carried on deck contrary to the provisions of Section 1003, or when the carrier can not claim in accordance with the preceding Article, an agreement in this regard, the carrier shall be liable for loss or damage to goods and the delay in delivery, if arising from their carriage on deck.

The extent of liability of the carrier is determined in accordance with the fourth and fifth sections of this paragraph, as appropriate.

For the purposes set out in section five of this paragraph shall be presumed to have committed willful or negligent conduct under Articles 1001 and 1002, when it has violated the express agreement of transporting them under cover.

Section Seven. Liability of the carrier and the effective carrier

Section 1006. When the performance of the carriage or part thereof has been entrusted to an effective carrier, regardless of whether or not authorized by contract to do so, the carrier remains responsible for all transport arranged.

Regarding the operator is executed by the effective carrier, the carrier shall be jointly liable with that of the acts or omissions in the exercise of their functions may occur, both the effective carrier and their servants and agents.

Section 1007. All provisions of this title relating to the liability of the carrier shall also apply to effective carrier, for transport by the executive.

If you will exercise action against a servant or agent of the effective carrier shall apply the rules contained in Articles 999, 1000 and 1002.

Section 1008. Any special agreement under which the carrier assumes obligations not outlined in this book or waive rights that it confers only take effect on the effective carrier when it expressly agreed in writing.

Notwithstanding the foregoing, the carrier will remain subject to the obligations or waivers resulting from such special agreement, regardless of whether they have been accepted or not by the carrier.

Section 1009. The total sums are payable to the carrier, the effective carrier and their servants and agents shall not exceed in any case, the limits of liability specified in the relevant provisions of this paragraph.

Section 1010. The rules on liability of the carrier and the effective carrier shall be without prejudice to the right of recovery that they can exercise another.

Section Eight. Transportation with authority to ferry

Section 1011. Notwithstanding the provisions of Article 1006, when a shipping contract expressly provided that a certain portion of transportation shall be performed by someone other than the carrier, the contract may also stipulate that he is not liable for the loss, damage or delay in delivery caused by an incident which occurred while the goods were in the custody of another carrier specifically nominated. But this provision shall not take effect unless it can be initiated before a competent tribunal proceedings against the second conveyor actually nominated, as provided in Section XVI of this paragraph.

The proof of loss, damage or delay in delivery was caused by an event that occurred while the goods were in the custody of the effective carrier, and proof that the applicant could initiate action against the second conveyor in a competent court, shall be the first carrier.

Section Nine. From the shipper's liability

Section 1012. Generally, the shipper, his servants or agents, shall be responsible for the loss suffered by the carrier or the carrier effective, or damage to the ship, when the loss or damage in question was caused fault or negligence of the shipper, his servants or agents.

Section 1013. In the case of dangerous goods, the shipper highlight, appropriately, by marks or labels, goods have this feature.

The charger that puts dangerous goods to the carrier or an effective carrier, as appropriate, inform him of the dangerous nature of those and if necessary, the precautions to be taken. If the charger does not and the carrier or the actual carrier are unaware of the dangerous nature of the goods from another source, this omission will have the following effects:

1. ° The shipper is liable to the carrier transport and all cash for the damages resulting from shipment of such goods, and

2. ° The goods may at any time be unloaded, destroyed or rendered innocuous, as circumstances require, without payment of compensation.

The provisions of this article may not be invoked by a person during transport has taken charge of the goods, knowing the danger.

Even when brought to the attention of the carrier or the effective carrier of the dangerous nature of the goods, if they should come to an actual danger to human life or property, may be unloaded, destroyed or rendered innocuous, as circumstances require, without payment of compensation, except where there is an obligation to contribute in general average or where the carrier is responsible in accordance with Articles 984 to 991 of this paragraph.

Tenth Section. Transport documentation

Section 1014. When the carrier or the cash to take over the goods, you must first issue a bill of lading to the shipper, if requested.

The bill of lading may be signed by a person having authority from the carrier. It is understood that the bill of lading signed by the captain of the ship carrying the goods, has been on behalf of the conveyor.

The signature on the bill of lading may be handwritten, printed in facsimile, perforated, stamped in symbols, or any other mechanical or electronic.

Section 1015. Are stipulations own bill of lading:

1. ° The general nature of the goods, the leading marks necessary for identification, an express statement, if applicable, to the dangerous character, and if instructions were given about it, the number of packages or pieces, and the weight of goods or their quantity expressed otherwise. All these data will be recorded as furnished by the shipper;

2. ° The apparent condition of the goods;

3. ° The name and principal place of the conveyor;

4. ° The name of the shipper;

5. ° The name of the consignee if named by the shipper;

6. ° The port of loading, according to the shipping contract and the date on which the carrier has taken delivery of the goods;

7. ° The port of discharge under the contract of shipping;

8. ° The number of original bills of lading, if more than one;

9. ° The place of issuance of bills of lading;

10. The signature of the carrier or the person acting on its behalf;

11. Freight, to the extent that must be paid by the consignee or other indication that freight is payable by it;

12. The declaration mentioned in the final paragraph of Article 1039;

13. The statement, if applicable, the goods are or may be carried on deck;

14. The date or period for delivery of the goods at the port of discharge if expressly agreed in the parties and

15. Any limits or upper limits of responsibility were agreed upon in accordance with Article 997.

The omission in the bill of lading of one or more of the above pronouncements will not affect its legal effect, subject to adjustment as provided in Article 977.

Section 1016. Once loaded the goods on board, the carrier shall issue to the shipper a bill of lading with the reference board, if requested, in which, in addition to the pronouncements mentioned in the preceding article shall contain the goods on board a ship or aircraft specific and indicate the date or dates on which the charge was made.

If the carrier has previously issued a bill of lading or other document of title of any such goods to the charger, it will return the document to change a bill of lading with the reference board.

When the magazine requested a bill of lading with the reference board, the carrier may amend any previously issued document if the amendments are added, is included all the information to be provided in a bill of lading on board.

Section Eleven. Probative value and reserves in the bill of lading

Section 1017. The carrier or the person issuing the bill of lading in their name, affix a reservation that knowledge in the following cases:

1. ° When you know or have reasonable grounds to suspect that the data on the general nature, leading marks, number of packages or pieces, weight or quantity of goods contained in the bill of lading, do not accurately represent the goods has effectively taken over;

2. ° In case of having issued a bill of lading with the reference board and are known or have the same reasonable grounds for suspicion regarding the information specified in the previous number, and

3. ° If not had any reasonable means to verify those data.

Section 1018. When a reservation is stamped on the bill of lading or other document evidencing the contract of transport, such reservation shall specify the inaccuracies, grounds of suspicion or lack of reasonable means of checking the data of knowledge or document that was subject to the objection.

Section 1019. If the carrier or the person issuing the bill of lading in its name, it is stated in that document the apparent condition of the goods shall be deemed to have indicated in the bill of lading that the goods were in good condition.

Section 1020. Except with respect to the data on which it has made a reservation permitted under the three previous articles and the extent of the reserve:

1. ° The bill of lading shall be presumed, unless proved otherwise, that the carrier has taken over or, if already issued a bill of lading with the reference board, which has loaded the goods, as are described in the bill of lading, and

2. ° Do not be accepted for carriage evidence to the contrary, if the bill of lading has been transferred to a third party, including a consignee, who has acted in good faith based on the description of goods contained in that knowledge.

Twelfth Section. Rules on payment of freight in the shipping contract

Section 1021. Generally, unless expressly stated otherwise, the freight is earned and will be due after delivery of the goods at the destination specified in the contract, in some form letters that indicate a), b) or c) Article 983.

Should not be freight for goods lost by accident or force majeure. However, when the goods have been lost by an act or result of general average, the freight will be paid for as if benefits had reached their destination.

The provision of freight payable at all events, shall take effect provided that the load is on board and the ship has commenced travel.

The bill of lading which does not specify the unpaid freight or otherwise indicate that freight has to be paid by the consignee, as provided in Article No. 11 of 1015, or not specified payments for delays in the loading port to be made by the consignee will assume, unless proven otherwise, the consignee does not have to pay any freight or delays.

However, the carrier is not admissible evidence to the contrary, when the bill of lading has been transferred to a third party, including a consignee, who has acted in good faith based on the lack of such information in the bill of lading.

Section Thirteen. Guarantees provided by the shipper

Section 1022. Charger shall be deemed to guarantee to the carrier the accuracy of the data concerning the general nature of the goods, their marks, number, weight and quantity, which provided for inclusion in the bill of lading.

The shipper shall indemnify the carrier against loss resulting from the inaccuracy of the data, even when you have transferred the bill of lading.

The right of the carrier to such indemnity shall not limit in any way, your liability under the contract shipping to any person other than the shipper.

Section 1023. The letter of guarantee or agreement whereby the shipper agrees to indemnify the carrier for damages resulting from the issuance of bills of lading issued by it or the person acting on its behalf, and contains no reservations about data provided by the shipper for insertion therein, or the apparent condition of the goods shall not take effect for another person or an agent who has transferred the bill of lading.

Section 1024. Both the letter of guarantee to the covenant, if any, will be valid as against the shipper unless the carrier or the person acting in his name, skip the reserve referred to in the preceding article, with the intention of causing damage to a third party, including a consignee that is based on the description of the goods contained in the respective bills of lading.

In this case, if the reservation omitted refers to data that provided the shipper for insertion in the bill of lading, the carrier is not entitled to be indemnified by the shipper.

Section 1025. In the case of fraud referred to in the preceding article, the carrier shall be liable and may not invoke the limitation of liability provided in this paragraph, in respect of loss suffered by a third party, including a consignee, having acted on the basis of these in the description of goods contained in the bill of lading.

Section Fourteen. Effects of other transport documents

Section 1026. When the carrier issues a document other than the bill of lading to prove receipt of the goods being transported, this document will assume, unless proven otherwise, which has a contract of maritime transport and the carrier has taken over the goods concerned in the way are described in the document in question.

Section XV. Notices, claims and actions

Section 1027. Putting the goods to the consignee will assume, unless proven otherwise, the carrier has delivered the as are described in the document of transport or in good condition, if it had not been issued.

There shall be no such presumption in the following cases:

1. ° When the consignee has given the carrier written notice of loss or damage, specifying the nature thereof, by the first working day following the date on which the goods were put into his power, or

2. ° When the loss or damage in question are not visible, and has given written notice of loss or damage, specifying the nature thereof, at the latest within fifteen consecutive days from the date where the goods were handed over to the consignee.

Need not be given notice of loss or damage for which have been detected at a joint survey or inspection of parts, made at the time of receipt of goods by the consignee.

Section 1028. In case of loss or damage, actual or apprehended, the carrier and the consignee shall give all reasonable facilities for inspection of goods and checking the number of packages.

If the logbook or controls on warehouses and goods are ultimately carried by machine or by computer, the consignee or who represents his rights, have access to the information or record relevant data relating to the entire period in which the goods have been under the care of the conveyor. In like manner, the carrier will have access to data from the shipper or consignor and consignee, as the case relating to the shipment giving rise to the claim.

Section 1029. The right to compensation for damages resulting from delay in delivery shall lapse if not given them written notice to the carrier within sixty consecutive days after the date on which the goods were handed over to the consignee.

Section 1030. If the goods have been delivered by an effective carrier, any notice given to it will have the same effect as if given to the carrier, and any notice given to the carrier will have the same effect as if given to the carrier effective.

Also be considered that the notice given to a person acting on behalf of the carrier or the carrier effective, including the master or officer having charge of the ship, or a person acting on behalf of the shipper, has been given to carrier, the effective carrier or shipper, as appropriate.

Section 1031. If the carrier or do not cash the charger written notice of loss or damage is presumed, unless proved otherwise, who have suffered loss or damage caused by the fault or negligence of the shipper, his servants or agents.

The notice referred to in the preceding paragraph indicate the general nature of the loss or damage and must be given within ninety consecutive days, counting from the date of such loss or damage occurred, or the date of delivery of goods in accordance with points a) b) c) of Article 983 as applicable, whichever is later.

Sixteenth Section. Extension of jurisdiction and competence

Section 1032. Without prejudice to the competition rules laid down by law, in legal matters relating to the carriage of goods governed by this paragraph shall also be competent, at the option of the plaintiff, the following courts:

1. ° The current location of the principal or usual residence of the defendant;

2. ° The venue of the contract, provided that the defendant has there a place, branch or agency through which the contract was concluded;

3. ° The port or place of loading or unloading, and

4. ° In the actions against the carrier of any other place designated for that purpose in the contract shipping.

Section 1033. Without prejudice to the preceding article, the action may be brought before the courts of any port or place in Chile where the craft engaged or made any other transport or ship the same ownership, has been judicially detained or rooted .

In this case, if the defendant so requests within the period of formal notice, the judge may authorize the extension of jurisdiction to a court or arbitral tribunal referred to in the next section, but opposed by the plaintiff. The judge must proceed with informed choices.

The request will be processed as an exception alluded dilatory and must be made in writing referred to in Article 305 of the Code of Civil Procedure. Before authorizing the extension, the respondent shall provide security sufficient to meet the sums that could get the plaintiff, under the decision rests with the trial.

The court of port or place of detention or arraignment, resolved all issues relating to the provision of the bond.

Section 1034. May not institute any legal proceedings in relation to goods governed by this paragraph, in a place other than those specified in the previous two articles. This is without prejudice to the ability to exercise precautionary measures or rulings of the power to initiate the arbitration procedure as set out in the next section, or the special jurisdiction provided for bankruptcy.

Section 1035. Notwithstanding the provisions of this section, the parties, after filing a claim under the shipping contract may agree on the place where the plaintiff would prosecute.

Section Seventeen. Arbitration

Section 1036. When the parties have not opted for the ordinary jurisdiction, as provided under paragraph 1 of Part VIII of this Book, the arbitration proceedings shall, at the option of the plaintiff in one of the following locations:

1. ° Where is the principal or the absence thereof, the habitual residence of the defendant or the place of the contract, provided that the defendant has there a place, branch or agency through which it is held the contract or the port or place of loading or unloading, and

2. ° In the actions against the carrier, any place designated in the arbitration clause or the arbitration agreement.

Section 1037. The provisions of paragraph 1. Of the preceding article, shall be deemed to be part of every arbitration clause.

Any provision of such clause or agreement which is inconsistent with them shall be deemed not written.

Section 1038. The arbitrator or the arbitral tribunal shall apply the rules of this paragraph.

Section Eighteen. Effect of some contractual

Section 1039. Any stipulation in a contract of carriage by sea, contained in the bill of lading or other document evidencing it and that it derogates, directly or indirectly from the provisions of this paragraph shall be deemed not written.

Also have not written any clause that assigning benefit of insurance of the goods to the carrier or any similar clause.

However, the carrier may increase his responsibilities and the obligations under the rules of this paragraph.

The bill of lading or other document evidencing the contract of carriage by sea, shall include a statement to the effect that transport is subject to the provisions of this paragraph and therefore any stipulation apart from them to the detriment of shipper or the consignee shall be deemed not written.

Section 1040. When the owner of the goods has incurred loss as a result of a stipulation should be not written under the previous article, the carrier, in accordance with the provisions of this paragraph, pay compensation to the extent required to compensate the holder of the goods for any loss or harm them or delay in delivery.

In addition, the carrier shall pay compensation for costs incurred by the claimant to assert his right. The costs and expenses in bringing this latest action will be determined in accordance with the law of the place where proceedings are instituted.

§ 4. Multimodal transport of goods

Section 1041. For purposes of this paragraph, the term:

1. Multimodal transportation, porterage of goods by at least two different modes of transportation from one place where the multimodal transport operator takes the goods in his charge to another place designated for delivery.

2. Multimodal transport operator, any person who, by himself or by another acting on its behalf, concludes a multimodal transport contract, acting as principal and assumes responsibility for contract compliance.

3. Multimodal transport contract, the one whereby a multimodal transport operator undertakes, against payment of freight, to perform or to implement a multimodal transportation of goods.

4. Multimodal transport document, the one which evidences a multimodal transport contract and certifies that the operator has taken the goods in their custody and is committed to deliver in accordance with the terms of that contract. The multimodal transport document shall be signed by the transport operator or a person having authority from him and may be negotiable or non negotiable.

5. Consignor, any person who by himself or by another acting on its behalf or on behalf, has entered into a multimodal transport operator of the conveyance or any person who, by himself or by another acting in name or on its own, actually delivered the goods to the transport operator in relation to the multimodal transport contract.

6. Consignee, the person authorized to receive the goods.

7. Goods also includes any container, pallet or transport or packaging of analog, if supplied by the consignor.

Serving as a multimodal operator in Chile, you must be registered in the multimodal operations, according to the regulations for the purpose shall. Those who operate from Chile must be Chilean natural or juridical persons. The same regulation will establish the requirements to qualify as legal persons in Chile.

Section 1042. The liability rules of the contract of carriage of goods by sea, the third section contained in paragraph 3 above shall apply to multimodal transport during the period indicated in Article 982.

The same rules apply while you are using other modes of transport, if the multimodal transport contract or the law in question does not provide otherwise.

Section 1043. The liability of the multimodal transport operator does not exclude the responsibility of those who are responsible for the various means of transport actually used. Each of these persons shall be jointly liable with each other and the multimodal transport operator, for any loss, damage or delay with which they received the goods at their final destination.

The executor of a part of multimodal transport which has been ordered to pay damages for acts that have not occurred during the stage by the director, shall be entitled to repeat, at its option, against the multimodal transport operator or against carriers responsible for such acts.

§ 5. The passage contract

Section 1044. By the contract of passage, the carrier is obliged to lead a person by sea on a certain route, on payment of a fee called passage.

The provisions of this paragraph apply only to contracts of passage by sea. Not apply to the transportation of persons within the same port, harbor or bay, for recreation or tourism. This kind of transport is governed by the relevant provisions of Title V of Book II of this Code.

Section 1045. For purposes of this agreement means:

1) Carrier means any person who, under a contract of passage, is obliged to carry passengers, either on their own or another's behalf.

Transportation of passengers may be carried by a conveyor also effective;

2) effective carrier, any person other than the carrier who actually performs the whole or part of the carriage;

3) Passenger means any person carried by a ship, whether under a contract of passage, or with the consent of the carrier, is accompanying a vehicle or live animals covered by a contract of carriage of goods by sea;

4) Baggage any item or vehicle driven by the carrier under the contract of passage to in this paragraph. Not included are articles and vehicles carried under a charterparty, bill of lading or other contract the principal purpose of transporting goods, nor include live animals, and

5) for cabin luggage, the passenger who has in his cabin or otherwise under its custody and supervision. Except as provided in Articles 1047 and 1066, cabin luggage, also includes carrying a passenger in the interior of your vehicle or thereon.

Section 1046. The loss or damage to luggage includes pecuniary loss resulting from failure to deliver the luggage to the passenger in a reasonable time, since the ship arrived at a destination where he was to surrender. Not count any delays caused by labor disputes.

Section 1047. The passage contract includes the following periods:

1) With respect to the passenger and his cabin luggage, the period during which those on board the ship or being loaded or unloaded and the time during which the passenger and his cabin luggage are transported by water from land to the ship and vice versa, provided that the price of this transportation is included in the fare or the vessel used for has been made by the carrier.

The carriage does not include the period during which the passenger is in a terminal, passenger terminal, a pier or at any other port installation;

2) With regard to cabin luggage, also include the period during which the passenger is in a terminal, passenger terminal, a pier or any other port installation if the carrier, its servants or agents, have been charge of the baggage and they have not delivered to the passenger;

3) With regard to other luggage than the cabin, the period between the time the carrier, its servants or agents have taken over the ground or on board, and when they return it.

Section 1048. The carrier must provide the passenger a ticket or ticket evidencing the contract and a guide to proper individualized luggage.

The omission of these obligations prevent the carrier from limiting its liability for damage to both passenger and his luggage, as the missing documents.

Section 1049. The ticket or ticket must indicate the place and date of issue, the ship's name and address of the carrier, port of departure and destination, fare class.

When the ticket is nominative not be assigned the right to be transported without the consent of the carrier, and if it is not, nor be transferred once the trip.

Section 1050. The passenger is entitled to be transported to the port or place of destination, without the ferry services that may occur during the trip are due to additional payments.

Section 1051. The carrier must exercise reasonable diligence to put and keep the ship seaworthy, properly equipped and armed.

The designation of the ship in the contract does not deprive the carrier the right to substitute another similar conditions, if this does not alter the agreed route and will not cause injury to passengers.

Section 1052. The carrier may cancel the sailing of the ship. The cancellation shall entitle the passenger to seek repayment of the amount paid and compensation for damages, unless the carrier proves due to force majeure.

Section 1053. In case of delay in departure of the ship or delay in arriving at its destination, the passenger will be entitled, during the delay period, to accommodation in the ship power and high if it is included in the agreed price. In case of delay in departure may also request the termination of the contract and ask the ticket refund and compensation for damages, unless the carrier proves that he is not responsible for the delay.

Section 1054. When the passenger does not arrive on board, the appointed time for shipment at the port of departure or in one scale, the master may make the journey and the fare demand, excluding the value of food.

The same right shall have the carrier when the trip started after the passenger landing voluntarily.

Section 1055. If the passenger desist trip before the departure of the ship, you pay half the fare agreed upon, unless otherwise is stipulated.

Section 1056. When the trip is temporarily interrupted for reasons of charge the carrier, the passenger is entitled to room and board without an additional payment may be required, which does not preclude you can ask for cancellation of the contract and request a full refund of the ticket .

If the break was final because the carrier, it must compensate the passenger for damages, but if the cause is of force majeure, the passage must be paid in proportion to the distance covered, without any compensation.

Section 1057. The carrier shall be liable for any damage caused by the death or injury to a passenger for loss or damage to luggage if the occurrence causing the injury occurred during the execution of transport and is attributable to fault or negligence of the carrier or its servants or agents.

The incumbent who claims to prove the damage and resulted in the fact that the execution took place during transport.

Section 1058. It is presumed, unless proved otherwise, the fault or negligence of the carrier or its servants or agents, if death or injury of passengers or loss or damage to his cabin luggage, have a direct or indirect shipwreck, collision, stranding, explosion, fire or failure of the ship.

Also, such fault or negligence presumed, unless proved otherwise, in respect of loss or damage to luggage other than cabin, regardless of the nature of the act that caused the loss or damage.

Section 1059. The carrier will always be responsible for what happens in the transport of one passenger to the destination, the meaning of this paragraph, but has entrusted all or part of the execution thereof to an effective carrier.

This responsibility includes explicitly derived from acts or omissions of effective carrier, and of its servants and agents acting in the performance of their duties.

The effective carrier shall also be governed by the provisions of this paragraph as to the rights and obligations of transportation that has been executed.

Section 1060. In cases where the carrier and the effects are responsible, jointly and severally.

Section 1061. The agreements under which the carrier assumes obligations not provided for in this paragraph or waives rights conferred on it, do not apply to the carrier effective unless it has agreed to be expressly and in writing it.

Section 1062. Nothing in the preceding three articles shall not prejudice the right of recourse which may exist between the carrier and the carrier.

Section 1063. The carrier shall not be liable for any loss or damage of money, negotiable securities, jewelry or valuables belonging to the passenger, unless they have been delivered to the carrier on deposit.

In this case, be liable to a limit of 1,200 units of account per passenger, unless expressly agreed in writing, higher liability limits.

Section 1064. If the carrier proves that the passenger's fault or negligence have caused death or personal injury to body or loss or damage to baggage, or that such fault or negligence contributed to this, the competent court to know the case may exonerate the carrier wholly or partly from his liability, as appropriate.

Section 1065. In case of death or injury of passengers, the maximum liability of the carrier is determined by multiplying the sum of 46,666 units of account by the number of passengers the ship is certified to carry. The maximum liability in any case not exceed 25 million units of account.

When there is more of a victim the upper limit for each is determined by dividing the resulting total, according to the rules of the preceding paragraph, the number of victims.

Section 1066. The contract or tort of the carrier for loss or damage to luggage shall not exceed the following limits for each event that causes:

1. ° For cabin luggage, 833 units of account per passenger;

2. ° for loss or damage to vehicles including all luggage carried inside them or on them, 3.333 units of account per vehicle, and

3. ° For luggage other than those mentioned in items 1. And 2. ° previous 1,200 units of account per passenger.

The contract or tort of the carrier in cases of Articles 1052, 1053 and 1056 shall not exceed 3,000 units of account per passenger.

Section 1067. In the limits of liability referred to previous articles, are not considered interest on the sum that appraise damage, or court costs.

Section 1068. The carrier and the passenger may agree, expressly and in writing, liability limits than those contained in Articles 1065 and 1066.

Section 1069. The servant or agent of the carrier or the carrier effective against which an action is brought for compensation for damages under this title, may assert defenses and adhere to the limits of liability which the carrier or the carrier effective are set to the same, provided that they prove that they acted in the exercise of their functions.

Section 1070. The aggregation of claims, whatever their source, the following rules:

1. ° Where appropriate to apply the limits of liability prescribed in Articles 1065 and 1066, they apply to the aggregate of the amounts recoverable in all claims arising from death or injury to a passenger or for loss or damage his luggage, derived from the same event;

2. ° When transportation is done by the effective carrier, the total sums due to it and the carrier, as well as their servants and agents, shall not exceed the sum greater than, under this paragraph may have been established as due to the carrier or the carrier effective, and

3. ° In the cases of the previous article, the total of the amounts recoverable from the carrier or the carrier effective, as applicable, and from that servants or agents, shall not exceed the limits of liability prescribed in Articles 1063, 1065 and 1066.

Section 1071. The carrier or the cash, if any, shall not receive the benefit of the limitation of liability, if it is proved that the death, loss or damage resulted from an act or omission of theirs, performed with intent to cause such damage, or recklessly and under circumstances which may be assumed that they heard that probably result.

Nor eligible dependents, its agent or the carrier effective if it is proved that the damage resulted from an act or omission of any of these, working with the same intent, or recklessness and knowledge outlined in the preceding paragraph .

Section 1072. Unless proven otherwise, it is presumed that the luggage has been returned to the passenger in full and in good condition, unless the claim in writing to the carrier at the time of delivery, or even before that, for any loss or damage are visible or, if not, within fifteen days from the date of disembarkation or return or the date on which the latter should have been made.

For the purposes of communication alluded to in the preceding paragraph and without prejudice to the passenger to make his claim in any other reliable way, the carrier will provide, along with the ticket and duplicate a form that can indicate summarily.

Failure by the carrier or its subsidiaries in providing this form, will deprive them of the presumption in the first paragraph and the right to limit liability.

Section 1073. Neither the presumption will be held in the previous article if at the time of the return of luggage this is considered jointly by the carrier or its servants and by the passenger and is payable in this event for any loss or damage in the review are identified .

Section 1074. The provisions of this paragraph shall not deprive the carrier, the cash or the servants and agents of both the right to limit his liability under the provisions of paragraph 1 of Part IV of this Book.

Section 1075. The rights provided in this paragraph for the passenger waived.

They have not written any contractual provision, whatever its date, seeking to exempt the carrier from liability, reduce the amount or reverse the burden of proof. Only valid on tickets embedded clauses which give rise to rights to the passenger.

Nothing in the preceding paragraph, if ever occur, will not affect the existence and validity of the contract of carriage of the passenger.

Section 1076. The provisions of this paragraph shall only apply to commercial passenger transport.

However, when the transport is free or benevolent, they apply the rules on liability, provided the passenger proves the fault or negligence of the carrier. In this case, the limits of liability shall not exceed 25% of the amounts that may correspond.

Section 1077. In cases where the requirements described by the numbers 1. ° or 5. Of article 1203, actions arising under the provisions of this paragraph shall, at the option of the plaintiff:

a) Before the court of the domicile or place of business where you have a defendant, or

b) In the court of the initiation or termination of the trip, according to the contract of passage.

In the event that a dispute is submitted to arbitration, it shall be conducted in one of the places mentioned above. Only with the express agreement of the passenger may be carried out elsewhere.

§ 6. Trailer sea, river and lake

Section 1078. It is called tow-carriage operation to move water a ship or other object towed from place to place, under the direction of the towing ship's captain and the provision by it of all or part of the traction force.

Section 1079. The trailer-transport contract shall be governed by the conditions to be agreed and, failing that, by the provisions of this paragraph, and in matters not provided by them, will apply the relevant rules of contract of carriage of goods by sea .

Section 1080. Towing operations aimed at facilitating the entry or departure of a vessel from a port, dock or moorage, or the tasks of loading and unloading the same, are trailer-maneuver.

The ship towed retain responsibility for the maneuver, unless otherwise agreed by the parties, in which case it shall be recorded in the log books of ships.

Section 1081. The trailer-move is a kind of lease and in matters not provided by the parties, the rules of this paragraph, the Navigation Law or Civil Code provisions on such a contract.

Section 1082. In all types of trailer towing the ship must be seaworthy, properly manned and equipped and be fit for the contract for which it has requested.

Section 1083. As a rule, on trailers referred to in this paragraph, both the towing and the towed ship, be liable to third parties for their own fault.

But in the event of collision with another ship, unaware of the operation, if the trailer was in charge of the ship towing the convoy will be considered as a single unit of transportation for the purposes of liability to third parties. If the direction of the maneuver was towed by the ship, the responsibility rests on it.

Section 1084. In each ship should be observed during the course of the operation, precautions as may be necessary to avoid any danger to the other.

Will be null disclaimer of liability for damages resulting from breach of this provision, notwithstanding the provisions on limitation of shipowner's liability under paragraph 1 of Part IV of this Book.

Section 1085. For purposes of determining responsibility, it is presumed that the trailer-maneuver starts with the preparatory operations and necessary for execution and ends when he directs the maneuver has its term or the removal of the tug.

Section 1086. When, during a ship provided a towing service contract, we sobrevinieren dangerous situations which give rise to special services, or when they can not be considered within the normal duties that the contract imposed upon the tug towing the ship will entitled to the remuneration set out in the paragraph on support services under Title VI of this Book, as appropriate.

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