1- The value of the goods shall be fixed according to the current market price of goods of the
same kind and quality at the place and time at which the goods were taken over by the carrier.
For the purposes of calculating the compensation, the value of the goods shall also include
the carriage charges, Customs duties and other charges incurred in respect of the carriage of
the goods, which shall be refunded in full in case of total loss and in proportion to the loss
sustained in case of damage or partial loss.
2- In case of damage, the carrier shall pay the amount by which the goods have depreciated,
calculated by reference to the value of the goods. However, the compensation for damage
may not, exceed:
a) the amount payable in the case of total loss, if the whole consignment has been depreciated
by damage;
b) the amount payable in the case of loss of the depreciated part , if part only of the
consignment has been damaged.
3- The claimant shall be entitled to claim interest on compensation payable. Such interest,
calculated at five per cent per annum, shall accrue from the date on which the claim was sent
in writing to the carrier or, if no such claim has been made, from the date on which judicial
proceedings were instituted or on which arbitration was requested.
4- In the event of inter-States carriage, when the amounts on which the calculation of the
compensation is based are not expressed in CFA Francs, conversion shall be at the rate of
exchange applicable on the day and at the place of payment of compensation or, where
applicable, the date of the judgment or arbitral award.
Extra-contractual liability
Official translation
Spot-checked
In force from 22 March 2003
Source page 16