Article 796. The carrier’s liability for the loss, shortage and damage (or deterioration) of cargo or baggage.
1. The carrier is liable for the failure of the cargo or baggage to be preserved after it was accepted for carriage and prior to issue to the consignee, the person entitled to it or the person entitled to receive the baggage, unless it proves that the loss, shortage or damage (damage) of the cargo or baggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on it. 2. Damage caused by the carriage of goods or baggage is reimbursed by the carrier: in case of loss or shortage of cargo or baggage - in the amount of the value of the lost or missing cargo or baggage; in the event of damage (deterioration) of the cargo or baggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or baggage - in the amount of its value; in the case of loss of cargo or baggage handed over for carriage with declaration of its value, in the amount of the declared value of the cargo or baggage. The cost of cargo or baggage is determined on the basis of its price specified in the seller’s invoice or provided for by the contract, and if there is no invoice or price in the contract based on the price, which under comparable circumstances is usually charged for similar goods. 3. The carrier, along with the reparation of the established damage caused by loss, shortage or damage (spoilage) of the cargo or baggage, returns to the sender (recipient) the transport charge collected for transporting lost, missing, damaged or damaged cargo or baggage if this fee is not included cargo cost 4. Documents on the reasons for the non-preservation of cargo or baggage (a commercial act, an act of general form, etc.), drawn up by the carrier unilaterally, are subject to evaluation by the court in the event of a dispute along with other documents certifying circumstances that may serve as the basis for the carrier’s liability , the sender or the recipient of the goods or baggage.
References to other articles of chapter 40. Shipping: