Article 94 The provisions in Article 47 and Article 49 of this Code shall apply to the ship owner under voyage charter party.
The other provisions in this Chapter regarding the rights and obligations of the parties to the contract shall apply to the ship owner and the charterer under voyage charter only in the absence of relevant provisions or in the absence of provisions differing therefrom in the voyage charter.
Article 95 Where the holder of the bill of lading is not the charterer in the case of a bill of lading issued under a voyage charter， the rights and obligations of the carrier and the holder of the bill of lading shall be governed by the clauses of the bill of lading. However， if the clauses of the voyage charter party are incorporated into the bill of lading， the relevant clauses of the voyage charter party shall apply.
Article 96 The ship owner shall provide the intended ship. The intended ship may be substituted with the consent of the charterer. However， if the ship substituted does not meet the requirements of the charter party， the charterer may reject the ship or cancel the charter. Should any damage or loss occur to the charterer as a result of the ship owner's failure in providing the intended ship due to his fault， the ship owner shall be liable for compensation.
Article 97 If the ship owner has failed to provide the ship within the lay days fixed in the charter， the charterer is entitled to cancel the charter party. However， if the ship owner had notified the charterer of the delay of the ship and the expected date of its arrival at the port of loading， the charterer shall notify the ship owner whether to cancel the charter within 48 hours of the receipt of the ship owner's notification.
Where the charterer has suffered losses as a result of the delay in providing the ship due to the fault of the ship owner， the ship owner shall be liable for compensation.
Article 98 Under a voyage charter， the time for loading and discharge and the way of calculation thereof， as well as the rate of demurrage that would incur after the expiration of the lay time and the rate of dispatch money to be paid as a result of the completion of loading or discharge ahead of schedule， shall be fixed by the ship owner and the charterer upon mutual agreement.
Article 99 The charterer may sublet the ship he chartered， but the rights and obligations under the head charter shall not be affected.
Article 100 The charterer shall provide the intended goods， but he may replace the goods with the consent of the ship owner. However， if the goods replaced is detrimental to the interests of the ship owner， the ship owner shall be entitled to reject such goods and cancel the charter.
Where the shipowner has suffered losses as a result of the failure of the charterer in providing the intended goods， the charterer shall be liable for compensation.
Article 101 The shipowner shall discharge the goods at the port of discharge specified in the charter party. Where the charter party contains a clause allowing the choice of the port of discharge by the charterer， the Master may choose one from among the agreed picked ports to discharge the goods， in case the charterer did not， as agreed in the charter， instruct in time as to the port chosen for discharging the goods. Where the charterer did not instruct in time as to the chosen port of discharge， as agreed in the charter， and the shipowner suffered losses thereby， the charterer shall be liable for compensation； where the charterer has suffered losses as a result of the shipowner's arbitrary choice of a port to discharge the goods， in disregard of the provisions in the relevant charter， the shipowner shall be liable for compensation.
Section 8 Special Provisions Regarding Multi modal Transport Contract
Article 102 A multi modal transport contract as referred to in this Code means a contract under which the multi modal transport operator undertakes to transport the goods， against the payment of freight for the entire transport， from the place where the goods were received in his charge to the destination and to deliver them to the consignee by two or more different modes of transport， one of which being sea carriage.
The multi modal transport operator as referred to in the preceding paragraph means the person who has entered into a multi modal transport contract with the shipper either by himself or by another person acting on his behalf.
Article 103 The responsibility of the multi modal transport operator with respect to the goods under multi modal transport contract covers the period from the time he takes the goods in his charge to the time of their delivery.
Article 104 The multi modal transport operator shall be responsible for the performance of the multi modal transport contract or the procurement of the performance therefor， and shall be responsible for the entire transport.
The multi modal transport operator may enter into separate contracts with the carriers of the different modes defining their responsibilities with regard to the different sections of the transport under the multi modal transport contracts. However， such separate contracts shall not affect the responsibility of the multi modal transport operator with respect to the entire transport.
Article 105 If loss of or damage to the goods has occurred in a certain section of the transport， the provisions of the relevant laws and regulations governing that specific section of the multi modal transport shall be applicable to matters concerning the liability of the multi modal transport operator and the limitation thereof.
Article 106 If the section of transport in which the loss of or damage to the goods occurred could not be ascertained， the multi modal transport operator shall be liable for compensation in accordance with the stipulations regarding the carrier's liability and the limitation thereof as set out in this Chapter.
责任编辑：wangpeng6151
