The Hamburg Rules art. 5.3 and the MT Convention art. 16.3 contain provisions converting pending delay into a right for the claimant to treat the goods as lost. The period has been set at 9o days in the MT Convention, while the period is only 60 days in the Hamburg Rules. The longer period of 9o days has been chosen for the conversion in order to avoid that conversion occurs under the multimodal transport contract before such a conversion has been possible under any underlying unimodal transport contract. This will facilitate recourse actions by the MTO against his subcontractors. It should be observed that conversion only takes place in the absence of proof that the goods in fact have not been lost .