Article 39. Responsibility for obligations arising from the contract of carriage

Agreements of the carrier, and in the case of multimodal transportation – of the operator of multimodal transportation with passengers and cargo owners on the limitation or elimination of liability established by law, are recognized as invalid.

The carrier, and in the case of multimodal transportation, the multimodal transportation operator, ensures the safety of baggage, cargo luggage, cargo, postal and courier items from the moment they are accepted for transportation and until they are issued to the recipient or other authorized person.

The carrier, and in the case of multimodal transportation, the multimodal transportation operator, is liable for the loss, shortage or damage (damage) of baggage, cargo luggage, cargo, postal and courier items accepted for transportation, unless it proves that their loss, shortage or damage (damage) occurred through no fault of his.

Damage caused during the transportation of luggage, cargo luggage, cargo, postal and courier items is compensated in the following cases:

loss or shortage – in the amount of the cost of lost or missing baggage, cargo luggage, cargo, postal and courier items;

damage (spoilage) of luggage, cargo luggage, cargo, postal and courier items – in the amount by which their value has decreased, and if it is impossible to restore damaged (spoiled) luggage, cargo luggage, cargo, postal and courier items – in the amount of their value;

loss of baggage, cargo luggage, cargo, postal and courier items handed over for transportation with the declaration of their value – in the amount of the declared value of baggage, cargo luggage, cargo, postal and courier items.

If, as a result of damage (spoilage), for which the carrier is responsible, and in case of multimodal transportation, the multimodal transportation operator and the carrier participating in multimodal transport, the quality of baggage, cargo luggage, cargo, postal and courier items has changed so much that they cannot be used according to intended purpose, the recipient of baggage, cargo luggage, cargo, postal and courier items has the right to refuse them and demand compensation for their loss.

In cases of loss or shortage of baggage, cargo luggage, cargo, postal and courier items, the transport organization and the carrier, and in case of multimodal transportation – the multimodal transportation operator, consider the claims of passengers, consignors, consignees or persons authorized by them who have the right to file a claim or claim, in accordance with the legislation and international treaties of the Republic of Uzbekistan.