Any stipulation in a contract of carriage by sea, in a bill of lading, or in any other document evidencing the contract of carriage by sea is null and void to the extent that it derogates, directly or indirectly, from the provisions of the Convention. The nullity of such a stipulation does not affect the validity of the other provisions of the contract or document of which it forms a part. A clause assigning benefit of insurance of goods in favour of the carrier, or any similar clause, is null and void.
Notwithstanding the provisions of the convention, a carrier may increase his responsibilities and obligations under the Convention.
Where a bill of lading or any other document evidencing the contract of carriage by sea is issued, it must contain a statement that the carriage is subject to the provisions of the Convention which nullify any stipulation derogating therefrom to the detriment of the shipper or the consignee.
Where the claimant in respect of the goods has incurred loss as a result of a stipulation which is null and void by virtue of the present convention, or as a result of the omission of the statement referred to above, the carrier must pay compensation to the extent required in order to give the claimant compensation in accordance with the provisions of the Convention for any loss of or damage to the goods as well as for delay in delivery. The carrier must, in addition, pay compensation for costs incurred by the claimant for the purpose of exercising his right, provided that costs incurred in the action where the foregoing provision is invoked are to be determined in accordance with the law of the State where proceedings are instituted.
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