Transport & Maritime
Carriage by road
CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR)
This convention applies to every contract for the carriage of goods by road in vehicles for reward, when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a contracting country, irrespective of the place of residence and the nationality of the parties. The convention does not apply to carriage performed under the terms of any international postal convention, to funeral consignments or furniture removals.
The convention applies in Albania, Armenia, Azerbaijan, Belgium, Bosnia-Hercegovina, Bulgaria, Denmark, Germany, Estovia, Finland, France, Georgia, Greece, Great Britain, Iran, Ireland, Italy, Kazakhstan, Kyrgyzstan, Croatia, Latvia, Lebanon, Lithuania, Luxemburg, Morocco, Macedonia, Moldavia, Mongolia, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Russia, Sweden, Switzerland, Serbia, Montenegro, Slovenia, Slovakia, Spain, Tajikistan, Czech Republic, Tunesia, Turkmenistan, Turkey, Hungary, Uzbekistan, Belarus and Cyprus.
The contract of carriage shall be confirmed by the making out of a consignment note. The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage which shall remain subject to the provisions of this convention. The consignment note shall be prima facie evidence of the making of the contract of carriage, the conditions of the contract and the receipt of the goods by the carrier.
The carrier shall be liable for the total or partial loss of the goods and for damage thereto occurring between the time when he takes over the goods and the time of delivery, as well as for any delay in delivery.
The carrier shall however be relieved of liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by the instructions of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods or through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
Compensation shall not, however, exceed 8.33 units of account (equalling 8.33 SDR according to the IMF) per kilogram of gross weight short or damaged. Parties may however agree on a higher amount of damages, which shall be mentioned in the consignment note. The carrier shall not be entitled to avail himself of the provisions which exclude or limit his liability or which shift the burden of proof if the damage was caused by his wilful misconduct or by such default on his part as, in accordance with the law of the court or tribunal seized of the case, is considered as equivalent to wilful misconduct.
The period of limitation for an action arising out of carriage under this Convention shall be one year. Nevertheless, in the case of wilful misconduct, or such default as in accordance with the law of the court or tribunal seised of the case, is considered as equivalent to wilful misconduct, the period of limitation shall be three years.
For the complete text of the CMR Convention, please click here.
Carriage by rail
COTIF
The international carriage by rail is arranged between countries in the convention concerning the international carriage by rail as amended by the Vilnius Protocol.
Signatories tot he convention are Albania, Algeria, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia-Hercegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estovia, Finland, France, Georgia, Germany, Great Britain, Greece, Hungary, Iran, Iraq, Ireland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Lithuania, Luxemburg, Macedonia, Moldova, Monaco, Mongolia, Montenegro, Morocco, the Netherlands, Norway, Pakistan, Poland, Portugal, Romania, Russia, Serbia, Sweden, , Slovenia, Slovakia, Spain, Switzerland, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan and Uzbekistan.
For daily practice of legal advisors the most important are appendices A (CIV), B (CIM) and D (CUV), concerning the contracts of carriage of passengers and goods and the use of vehicles in international railroad traffic. For the use of vehicles, keepers and railway undertakings have signed the General Contract of Use (GCU).
CIV
The Uniform Rules concerning the Contract of International Carriage of Passengers by Rail apply on every contract concerning the carriage of passengers by rail, when the place of departure and the place of destination are situated in two different member states, irrespective of the domicile or the place of business and the nationality of the parties to the contract of carriage. When international carriage being the subject of a single contract includes carriage by road or inland waterway in internal traffic of a member state as a supplement to transfrontier carriage by rail, the uniform rules apply.
When international carriage being the subject of a single contract of carriage includes carriage by sea or transfrontier carriage by inland waterway as a supplement to carriage by rail, these Uniform Rules apply if the carriage by sea or inland waterway is performed on services included
in the lists of services provided for in the convention
Unless provided otherwise in the uniform rules, any stipulation which, directly or indirectly, would derogate from these uniform rules is null and void.
By the contract of carriage the carrier shall undertake to carry the passenger as well as, where appropriate, luggage and vehicles to the place of destination and to deliver the luggage and vehicles at the place of destination. The contract of carriage must be confirmed by one or more tickets issued to the passenger. However, the absence, irregularity or loss of the ticket does not affect the existence or validity of the contract which shall remain subject to the uniform rules.
The carrier is liable for the loss or damage resulting from the death of, personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation ofthe railway and happening while the passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used.
In case of death of the passenger the damages shall comprise any necessary costs following the death, in particular those of transport of the body and the funeral expenses, as well as compensation for financial loss.
If, through the death of the passenger, persons whom he had, or would have had, a legal duty to maintain are deprived of their support, such persons shall also be compensated for that loss
In case of personal injury or any other physical or mental harm to the passenger the damages shall comprise any necessary costs, in particular those of treatment and of transport, as well as compensation for financial loss, due to total or partial incapacity to work, or to increased needs.
National law shall determine whether and to what extent the carrier must pay other damages for bodily harm.
The amount of damages to be awarded shall be determined in accordance with national law. However, for the purposes of these uniform rules, the upper limit per passenger shall be set at 175,000 units of account (SDR) as a lump sum or as an annual annuity corresponding to that sum, where national law provides for an upper limit of less than that amount.
The carrier is also liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery.
In case of total or partial loss of registered luggage, the carrier must pay, to the exclusion of all other damages, if the amount of the loss or damage suffered is proved, compensation equal to that amount but not exceeding 80 units of account per kilogram of gross mass short or 1200 units of account per item of luggage. If the amount of the loss or damage suffered is not established, liquidated damages of 20 units of account per kilogram of gross mass short or 300 units of account per item of luggage are to be paid.
In case of total or partial loss of a vehicle the compensation payable to the person entitled for the loss or damage proved shall be calculated on the basis of the usual value of the vehicle. It shall not exceed 8000 units of account
If carriage governed by a single contract is performed by several successive carriers, each carrier, by the very act of taking over the luggage with the luggage registration voucher or the vehicle with the carriage voucher, shall become a party to the contract of carriage in respect of the forwarding of luggage or the carriage of vehicles, in accordance with the terms of the luggage registration voucher or of the carriage voucher and shall assume the obligations arising therefrom.
A carrier who has paid compensation pursuant to these uniform rules shall have a right of recourse against the carriers who have taken part in the carriage and who are according to these rules liable.
Any right of action by the person entitled based on the liability of the carrier in case of death of, or personal injury to, passengers shall be extinguished if notice of the accident to the passenger is not given by the person entitled, within twelve months of his becoming aware of the loss or damage, to one of the carriers to whom a claim may be addressed.
The period of limitation of actions for damages based on the liability of the carrier in case of death of, or personal injury to, passengers shall be three years from the day after the accident in the case of a passenger. In the case of other persons entitled, it is three years from the day after the death of the passenger, subject to a maximum of five years from the day after the accident.
The period of limitation for other actions arising from the contract of carriage shall be one year. Nevertheless, the period of limitation shall be two years in the case of an action for loss or damage resulting from an act or omission committed either with the intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.
CIM
The Uniform Rules concerning the Contract of International Carriage of Goods by Rail apply on every contract concerning the carriage of goods by rail, when the place of taking over of the goods and the designated place of delivery are situated in two different member states, irrespective of the domicile or the place of business and the nationality of the parties to the contract of carriage. When international carriage being the subject of a single contract includes carriage by road or inland waterway in internal traffic of a member state as a supplement to transfrontier carriage by rail, the uniform rules apply.
When international carriage being the subject of a single contract of carriage includes carriage by sea or transfrontier carriage by inland waterway as a supplement to carriage by rail, these uniform rules apply if the carriage by sea or inland waterway is performed on services included
in the lists of services provided for in the convention.
Unless provided otherwise in the uniform rules, any stipulation which, directly or indirectly, would derogate from these uniform rules is null and void. The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract of carriage. Nevertheless, a carrier may assume a liability greater and obligations more burdensome than those provided for in the uniform rules.
By the contract of carriage the carrier shall undertake to carry the goods for reward to the place of destination and to deliver them at the place of destination to the consignee. The contract of carriage must be confirmed by a consignment note which accords with a uniform model. However, the absence, irregularity or loss of the ticket does not affect the existence or validity of the contract which shall remain subject to the uniform rules.
The carrier is liable for the loss or damage of the goods between the taking over and the delivery and for the loss or damage resulting from the transit period being exceeded, whatever the railway infrastructure used.
Compensation shall not exceed 17 units of account per kilogramme of gross mass short or damaged. The consignor and the carrier may agree that the consignor shall declare in the consignment note a value for the goods exceeding the limit of 17 units. In such a case the amount declared shall be substituted for that limit.
If loss or damage results from the transit period being exceeded, the carrier must pay compensation not exceeding four times the carriage charge.
If carriage governed by a single contract is performed by several successive carriers, each carrier, by the very act of taking over the goods
with the consignment note, shall become a party to the contract of carriage in accordance with the terms of that document and shall assume the obligations arising therefrom. In such a case each carrier shall be responsible in respect of carriage over the entire route up to delivery.
The uniform rules have a period of extinction or limitation of actions.
For the full English tekst of the convention, please click here
GCU
The carriage of wagons by rail is arranged in the General Contract of Use (GCU).
This agreement has been closed between representatives of keepers of railway wagons and railway undertakings. The background of this agreement is that usually the railway undertakings are not the owners of the wagons that serve for the carriage of goods. Therefore there is not only a need for rules that apply to the agreement for the carriage of goods, but also for rules that stipulate the mutual rights and obligations between railway undertakings and wagon keepers.The GCU is to be considered an elaboration of the CUV which is part of the COTIF convention.
The GCU, including its appendices, sets out the conditions for the provision of wagons for use as a means of transport by railway undertakings in national and international traffic within the scope of application of the COTIF in force. This contract shall take precedence in international rail traffic over the CUV Uniform Rules (Annex D to the 1999 COTIF) and in domestic rail traffic over any national regulations that may be applicable, to the extent that this is admissible.
The provisions of this multilateral contract shall apply between the signatories to the extent that they have not concluded other provisions between themselves. For a list of all signatories, please click here
The keeper shall ensure that his wagons are technically admitted in accordance with the national and international laws and regulations in force at the time of admission and that they remain technically admitted throughout the period of their use
The keeper shall also ensure that his wagons are maintained in accordance with the laws, regulations and mandatory standards in force. The keeper must allow the railway undertakings to conduct any inspections on wagons that may be necessary
The keeper shall have control over his wagons. Except when justified for reasons of safety, only the keeper shall be authorised to issue instructions to railway undertakings regarding the use of his wagons. A request from a keeper for his wagons not to be handed over to certain railway undertakings, whether signatory or third party, shall be met.
A railway undertaking may under certain circumstances refuse wagons.
When damage to a wagon or the loss or damage of the removable accessories mentioned on the wagon are discovered or presumed by an railway undertaking or the keeper claims they exist, the railway undertaking shall without delay and, if possible, in the keeper's presence, draw up a wagon damage report documenting the nature of the damage or loss and, insofar as possible, the cause and the time it took place. When the damage or loss of parts does not prevent use of the wagon in traffic, the keeper does not need to be invited when the damage or loss is recorded.
The railway undertaking shall arrange for the wagon to be put back to running order. If the cost of repairs is more than Ä 850, the agreement of the keeper must first be sought, except in the case of brake block replacements.
The railway undertaking which has custody of a wagon shall be liable to the keeper for any loss of or damage to the wagon or accessories unless it proves that the damage was not caused by fault on its parts.
In case of loss of the wagon or its accessories, the amount of compensation shall be limited to the value of the wagon. In case of damage to the wagon or its accessories, compensation shall be limited to the cost of repairs, with a maximum of their value. Compensation for loss of use may be granted.
When the railway undertaking which has custody of a wagon is not liable, each previous user in the current chain of use (loaded or empty run) shall be liable to the keeper for any damage to the wagon and for the loss of or damage to its accessories, if the subsequent railway undertakings in the chain of use could exonerate themselves.
The keeper or a previous user subject to this contract shall be liable for damage caused by the wagon when they can be shown to be at fault. The keeper shall be presumed to be at fault if he has not correctly fulfilled his duties to maintain the wagon, unless this breach of duty did not cause or contribute to the damage.
The contracting parties shall be liable for their servants and other persons whose services they make use of for the performance of the contract, when these servants and other persons are acting within the scope of their functions.
The period of limitation for actions shall be one year. The period of limitation for actions based on the liability for loss of or damage to waggons or on the liability based on damage caused by a wagon shall be three years.
For the full tekst of the GCU, please click here
Carriage by air
Convention of Montreal
The Convention of Montreal applies to ithe international carriage of persons, baggage and cargo by aircraft. For the purposes of this convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party.
Carriage of passengers and baggage
In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing an indication of the places of departure and destination. Any other means may be substituted for the delivery of such document. If any such other means is used, the carriers shall offer to deliver to the passenger a written statement of the information so preserved. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage. The passenger shall be given written notice to the effect that where this convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.
Carriage of cargo
In respect of the carriage of cargo, an air waybill shall be delivered by the consigner which shall include an indication of the places of departure and destination and an indication of the weight of the consignment. When there is more than one package the carrier of cargo has the right to require the consignor to make out separate air waybills. Non-compliance with these provisions shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this convention including those relating to limitation of liability.
Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.
- The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt.
- The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.
- The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee.
- The consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage. It is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.
- If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.
Liability of the carrier
Death and injury of passengers
The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
For damages not exceeding 113 100 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.
The carrier shall not be liable for damages to the extent that they exceed for each passenger 100 000 Special Drawing Rights if the carrier proves that:
- such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
- such damage was solely due to the negligence or other wrongful act or omission of a third party.
Limits of liability with regard to delay, baggage and cargo
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
In the case of damage caused by delay in the carriage of persons, the liability of the carrier for each passenger is limited to 4 694 Special Drawing Rights.
In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1 131 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.
In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 19 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.
Limitation of actions
The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
For the full text of the Montreal Conevtion, please click here
Carriage by the water
Hague-Visby Rules
General
The Hague-Visby Rules (1968) are a modified version of the earlier Hage Rules. They arrange the carriage of goods by the sea. Although afterwards more modern versions of such rules, like the Hamburg Rules and the Rotterdam Rules, came into existence, the latter two have not or have hardly been ratified by the signatories to these conventions. Therefore the Hague-Visby Rules have remained the most impotant set of rules arranging the carriage of goods by the sea.
Application
The provisions of this Convention shall apply to every bill of lading relating to the carriage of goods between ports in two different States if:
- the bill of lading is issued in a contracting state, or
- the carriage is from a port in a contracting state, or
- it is stated in the bill of lading that the Hague-Visby Rules apply, or
- it is stated in the bill of lading that the law of a contracting state applies.
For a complete list of those nations that have ratified these rules, please click here.
Obligations of the carrier
The carrier shall make the ship seaworthy, properly man, equip and supply the ship. He shall make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, He shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.
Bill of lading
The bill of lading in principle contain the complete agreement between the carrier and the shipper. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described. The bill of lading will mention the port of departure and the port of destination. It shall show, the leading marks necessary for identification of the goods. either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper. As well as the apparent order and condition of the goods.
Obligations of the shipper
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars.
Loss or damage to the goods
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier of his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation.
Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 10 000 francs per package or unit or 30 francs per kilo of gross weight of the goods lost or damaged, whichever is the higher.
A carrier shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.
The carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period may, however, be extended of the parties so agree after the cause of action has arisen.
For the full text of the Hague-Visby Rules, please click here
Rhine Rules IVR
General Average Rules
In general
General Average means that the vessel and its cargo are in a common peril. All measures taken and expenses, which are made with the intention of saving the vessel and its cargo, must be borne pro rata by the insurer of the vessel and the insurer of the cargo. This latter principle which is based on maritime law, has been incorporated in the inland navigation law of several countries.
General Average Rules IVR
The General Average Rules IVR are an extension of the York-Antwerp-Rules which are applicable on maritime transport. The General Average Rules IVR define the essence of a General Average act. The Rules also define which expenses, damages and costs can be accepted as measures of General Average. The General Average Rules IVR are published as a book and are available in four languages (French, German, Dutch and English).
For the text and comments on these rules, please click here
CMNI Convention
The CMNI- Convention was adopted by the Diplomatic Conference Organized jointly by CCNR, the Danube Commission and UN/ECE, held in Budapest from 25 September to 3 October 2000.
Scope of application
This Convention is applicable to any contract of carriage according to which the port of loading or the place of taking over of the goods and the port of discharge or the place of delivery of the goods are located in two different states of which at least one is a state party to the convention. If the contract stipulates a choice of several ports of discharge or places of delivery, the port of discharge or the place of delivery to which the goods have actually been delivered shall determine the choice.
The convention is also applicable if the purpose of the contract of carriage is the carriage of goods, without transshipment, both on inland waterways and in waters to which maritime regulations apply, unless a maritime bill of lading has been issued in accordance with the
maritime law applicable, or the distance to be travelled in waters to which maritime regulations apply is the greater. The convention is applicable regardless of the nationality, place of registration or home port of the vessel or whether the vessel is a maritime or inland navigation vessel and regardless of the nationality, domicile, registered office or place of residence of the carrier, the shipper or the consignee.
Obligations of the carrier
The carrier shall carry the goods to the place of delivery within the specified time and deliver them to the consignee in the condition in which they were handed over to him.
The carrier shall decide which vessel is to be used. He shall be bound, before and at the beginning of the voyage, to exercise due diligence to ensure that, taking into account the goods to be carried, the vessel is in a state to receive the cargo, is seaworthy and is manned and equipped as prescribed by the regulations in force and is furnished with the necessary national and international authorizations for the carriage of the goods in
Where the carrier has entrusted the performance of the carriage or part thereof to an actual carrier, whether or not in pursuance of a liberty under the contract of carriage to do so, the carrier nevertheless remains responsible for the entire carriage according to the provisions of the
For each carriage of goods governed by this convention the carrier shall issue a transport document. The transport document shall be prima facie evidence, save proof to the contrary, of the conclusion and content of the contract of carriage and of the taking over of the goods by the carrier. The lack of a transport document or the fact that it is incomplete does not affect the validity of the contract of carriage.
Obligations of the shipper
The shipper shall be required to pay the amounts due under the contract of carriage. The shipper shall furnish the carrier in writing, before the goods are handed over, with the following particulars concerning the dimensions, number or weight and stowage factor of the goods, the marks necessary for identification of the goods, the particulars regarding the nature, characteristics and properties of the goods. The shipper shall give instructions concerning the customs or administrative regulations applying to the goods and all other necessary particulars to be entered in the transport document.
If the nature of the goods so requires, the shipper shall, bearing in mind the agreed transport operation, pack the goods in such a way as to prevent their loss or damage between the time they are taken over by the carrier and their delivery and so as to ensure that they do not cause damage to the vessel or to other goods.
If dangerous or polluting goods are to be carried, the shipper shall, before handing over the goods, inform the carrier clearly and in writing of the danger and the risks of pollution inherent in the goods and of the precautions to be taken.
The shipper shall, even if no fault can be attributed to him, be liable for all the damages and costs incurred by the carrier or the actual carrier by reason of the fact that he dis not fulfill above mentioned obligations.
Delivery of the goods
Notwithstanding the obligations of the shipper, the consignee who, following the arrival of the goods at the place of delivery, requests their delivery, shall, in accordance with the contract of carriage, be liable for the freight and other charges due on the goods, as well as for his contribution to any general average. In the absence of a transport document, or if such document has not been presented, the consignee shall be liable for the freight agreed with the shipper if it corresponds to market practice.
Liability of the carrier
The carrier shall be liable for loss resulting from loss or damage to the goods caused between the time when he took them over for carriage and the time of their delivery, or resulting from delay in delivery, unless he can show that the loss was due to circumstances which a diligent carrier could not have prevented and the consequences of which he could not have averted
The carrier shall under no circumstances be liable for amounts exceeding 666.67 units of account
per package or other shipping unit, or 2 units of account per kilogram of weight, specified in the transport document, of the goods lost or damaged, whichever is the higher. If the package or other shipping unit is a container and if there is no mention in the transport document of any package or shipping unit consolidated in the container, the amount of 666.67 units of account shall be replaced by the amount of 1,500 units of account for the container without the goods it contains and, in addition, the amount of 25,000 units of account for the goods which are in the container.
These maximum limits of liability do not apply where the nature and higher value of the goods or articles of transport have been expressly specified in the transport document and the carrier has not refuted those specifications, or where the parties have expressly agreed to higher maximum limits of liability.
The carrier or the actual carrier is not entitled to the exonerations and limits of liability provided for in this Convention or in the contract of carriage if it is proved that he himself caused the damage by an act or omission, either with the intent to cause such damage, or recklessly and
with the knowledge that such damage would probably result.
Notice of damage
The acceptance without reservation of the goods by the consignee is prima facie evidence of the delivery by the carrier of the goods in the same condition and quantity as when they were handed over to him for carriage. The carrier and the consignee may require an inspection of the condition and quantity of the goods on delivery in the presence of the two parties.
Where the loss or damage to the goods is apparent, any reservation on the part of the consignee must be formulated in writing specifying the general nature of the damage, no later than the time of delivery, unless the consignee and the carrier have jointly checked the condition of the
No compensation shall be payable for damage resulting from delay in delivery except when the consignee can prove that he gave notice of the delay to the carrier within 21 consecutive days following delivery of the goods and that this notice reached the carrier.
Limitation of actions
All actions arising out of a contract governed by this convention are time-barred after one year commencing from the day when the goods were, or should have been, delivered to the consignee.
For the full text of the CMNI-Convention, please click here
