ABSTRACT
This presumption shall not apply in the case referred to in Article 36, §3 (a) if an abnormally large quantity has been lost or if a package has been lost.
Article 38 Presumption in case of reconsignment
1. When a consignment despatched in accordance with the Uniform rules has been reconsigned subject to the same rules and partial loss or damage has been ascertained after the reconsignment, it shall be presumed that it occurred during the latest contract of carriage if the consignment remained in the care of the railway and was reconsigned in the same condition as it arrived at the station from which it was reconsigned.
