Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 13 · Commercial Code (Cap. 13)

Cap. 13 Art. 294Where vessel requires refitting.

Sub-title II

In KraftAmtlicher Text

(1) If the master is obliged to refit the vessel in the course of the voyage, the freighter or the shipper is bound to await the carrying out of such refitting, unless he elects to withdraw his goods, in which case he must pay the full freight and contribute towards general average, saving the provisions of article 324.

(2) If the vessel is chartered by the month, the freight shall continue to run during the time of refitting, but if the vessel is chartered by the voyage, no increase of freight may be claimed.

(3) If the vessel cannot be refitted, the master must charter another vessel or other vessels to carry the goods to the place of destination.

(4) If the master is unable to charter such other vessel or vessels at the same place or at a place nearby, freight is due in proportion to the part of the voyage performed.

(5) In the case mentioned in sub-article (4) of this article, the duty to provide for the conveyance of the goods shall devolve on the shippers severally, but the person letting the vessel shall be bound not only to inform them as to his situation, but also to take meanwhile all such steps as may be necessary for the preservation of the cargo.