Who is liable for shipping damage?

International Oil Pollution Damage Indemnity Fund

SURA Specific Cargo Insurance is a solid solution that allows you to protect a particular shipment of goods, i.e. this solution only operates for one shipment and, therefore, must be taken out in advance of that shipment. If your company subsequently carries out other shipments, you will have to take out additional insurance for each of them.

The transportation of cotton, personal and household goods, coins, banknotes, jewelry, precious metals, lottery tickets, stocks, checks or any kind of document having an economic value and information stored on disks, USB or electronic media is not insured.

What is the responsibility of the carrier?

“Every transport company has the obligation by law to cover some responsibilities with respect to the goods it transports, from the moment the shipper (personnel who perform the actual collection of the goods) loads the goods in its vehicle until it is delivered to the receiver of the goods at the destination, and …

Where is the contract of carriage regulated?

The contract of land transportation of goods shall be governed by the international treaties in force in Spain in accordance with their respective scope, the rules of the European Union and the provisions of this law. The rules relating to commercial contracts shall be applicable in all matters not foreseen herein.

Who is the carrier?

Carrier is the person who assumes the obligation to carry out the transportation in his own name, regardless of whether he carries it out by his own means or contracts it out to other parties.

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Maritime carrier liability

The second reason is related to the reform being carried out in other modes of transport. Indeed, it seems a magnificent opportunity to take advantage of the momentum provided by the processing of the General Law on Maritime Navigation to also undertake the reform of the contract of carriage of goods carried out by other modes, such as road and rail. This would result in the updating of an important part of transport law.

The law chooses to regulate the contract of carriage of goods in its two variants, by road and by rail, in a unitary manner. In principle, the precepts are common to both modes, without prejudice to offering specific solutions for rail transport of goods in the appropriate places, when necessary or convenient.

Once again, the influence of international texts, mainly the CMR, is deeply felt in the precepts dedicated to the carrier’s liability for loss, damage or delay. There are certainly no compelling reasons for regulating the carrier’s liability in very different terms at the international and national levels. Thus, the same system of grounds for exoneration is adopted, with the now classic distinction between privileged and ordinary grounds based on the existence or not of evidentiary facilities.

Who is responsible for an accident, the driver or the owner?

If you are the owner of the vehicle, you will always be responsible for the damages, even if someone else is driving the vehicle at the time of the accident.

What damage or damage can occur to the goods during handling?

As for deficiencies during handling of goods in port, the greatest damage is caused by theft, wetting, crushing, shifting, inadequate lashing or lack of security during earlier stages of the transport chain.

What is the carrier’s civil liability?

The civil liability of the carrier (whether a self-employed person or a company with employees) is the obligation to make good the damage resulting from the total or partial loss of the goods transported by road, while they are in his custody, from the receipt of the goods, to the …

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International Convention on Civil Liability for Oil Spill Damage

The second reason is related to the reform being carried out in other modes of transport. Indeed, it would seem to be an excellent opportunity to take advantage of the impetus provided by the General Maritime Navigation Law to also undertake the reform of the contract of carriage of goods by other modes, such as road and rail. This would result in the updating of an important part of transport law.

The law opts for the unitary regulation of the contract of carriage of goods by road and rail. In principle, the precepts are common to both modes, without prejudice to offering specific solutions for rail transport of goods in the appropriate places, when necessary or convenient.

Once again, the influence of international texts, mainly the CMR, is deeply felt in the precepts dedicated to the carrier’s liability for loss, damage or delay. There are certainly no compelling reasons for regulating the carrier’s liability in very different terms at the international and national levels. Thus, the same system of grounds for exoneration is adopted, with the now classic distinction between privileged and ordinary grounds based on the existence or not of evidentiary facilities.

What is the object of the contract of carriage?

A contract of carriage by land is a commercial act whereby a person called a carrier, or carrier, undertakes to transport persons or goods by land from one place to another on behalf of a shipper in return for payment of remuneration.

What are contracts of carriage called according to the mode of transport?

The contract of carriage of goods is the one in which a person who has them legally entrusts to another person, also legally entitled to do so, their transportation, for an economic compensation, which is the price.

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What are the carrier’s obligations?

To receive the goods without delay, provided that their condition allows it and that they have the conditions expressed in the bill of lading; To open and recognize the packages containing the goods at the time of receipt, when requested by the carrier.

Loss of goods in transit

The Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, was adopted on 1 November 2002 under the auspices of the International Maritime Organization (IMO). The Community and its Member States are in the process of deciding whether to accede to the Protocol or to ratify it. In any event, the provisions of the Protocol, as incorporated into this Regulation, should be applicable no later than 31 December 2012.

The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as amended by its Protocol of 2002 (“the Athens Convention”), applies exclusively to international carriage. In the internal market for maritime transport services, the distinction between national and international carriage has been eliminated and it is therefore appropriate to align the scope and characteristics of liability for national and international carriage within the Community.

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