Section 631.- If the consignee cannot be found, or if he refuses to take delivery, the carrier must immediately notify the sender thereof and obtain his directions.

If circumstances render this impracticable, or if the sender fails to send in his directions at the proper time or sends directions which cannot be carried out, the carrier has power to deposit the goods in a Deposit Office.

If the goods are perishable and delay involves risks, or if the value of the goods appears likely not to cover the freight and accessories, he may have the goods sold by public auction.

The carrier must, unless it is impracticable, notify the sender or consignee of such deposit or sale without delay ; failure to do so renders him liable to pay damages.

 

Section 632.- The carrier shall deduct from the net proceeds of the public auction the freight and accessories and must forthwith deliver the surplus to the person entitled to it.

 

Section 633.- If the goods were transported by several carriers, the last of them can exercise the rights described in Section 630, 631, 632 for the amounts due to them all for freight and accessories.

 

CHAPTER II

CARRIAGE OF PASSENGERS

 

Section 634.- The carrier of passengers is liable to a passenger for personal injuries and for the damages immediately resulting from a delay suffered by reason of the transportation, unless the injury or delay is caused by  force majeure or by the fault of such passenger.

 

Section 635.- Luggage entrusted to the carrier in time must be delivered on the arrival of the passenger.

 

Section 636.- If the passenger does not take delivery of the luggage within one month after its arrival, the carrier can sell it by public auction.

If the luggage is of perishable nature, the carrier can sell it by public auction twenty-four hours after its arrival.

The provisions of Section 632 apply mutatis mutandis.

 

Section 637.- The rights and liabilities at the carrier for the luggage which has not been entrusted to him are governed by Chapter I, even though the carrier did not make a separate charge for it.

 

Section 638.- No liability is incurred by the carrier for luggage which has not been entrusted to him, unless such luggage is lost or damaged by the fault of the carrier or of his employees.

 

Section 639.- A provision in a ticket, receipt or such other document delivered by the carrier to the passenger excluding or limiting the liability of the carrier is void, unless the passenger expressly agreed to such exclusion or limitation of liability.