Hague and Hague Visby

Hamburg

VN 2005

Period of
liability

Hague and Hague Visby Rules: Carriage of goods covers the period from the time
when the goods are loaded on to the time when they are discharged from the ship
From tackle to tackle

Hamburg Rules: The responsibility of the

carrier for the goods under this Convention
covers the period during which the carrier is in
charge of the goods at the port of loading,
during the carriage and at the port of discharge
From Port to Port

Art. 74: The responsibility of

the carrier for the goods under
this Code covers the period
during which the carrier is in
charge of the goods at the port of
loading, during the carriage and
at the port of discharge.

Extend
of
liability

loss and damage of goods

loss, damage of goods and delay in delivery

: loss, damage, and delay in

delivery

Basis of
liability

Provide a seaworthy ship: the carrier is expected to exercise due diligence before a
voyage, to ensure that:
the ship is durable and solid, is able to stand the wind and waves in normal
conditions;
the ship is properly manned equipped and supplied for the trip: fresh water, food,
fuel;
all parts of the ship in which goods are to be carried, including the holds,
refrigerating and cool chambers, are ready to receive, transport and preserve the
goods.

Presumed fault or neglect principle: The carrier

is liable if the occurrence that caused the loss,
damage or delay took place while the goods
were in his charge, and he may escape liability
only if he proves that he, his servants or agent
took all measures that could reasonably required
to avoid the occurrence and its consequences.

3 main liabilities

Trading liability: the carrier shall properly and carefully load, handle, stow, carry,
keep, care for, and discharge the goods carried.
Issuing B/L: after receiving the goods into his charge, the carrier or the master or
agent of the carrier shall, on demand of the shipper, issue to the shipper a B/L.

Excepted
perils

a)Act, neglect or default of the master, mariner, pilot or the servants of the carrier in
the navigation or in the management of the ship.
Navigation Management of the ship
b)Fire, unless caused by the actual fault or privity of the carrier
c)Perils, dangers and accidents of the sea or other navigable waters
d)Act of Gode)Act of warf)Act public enemies
g)Arrest or restraint of princes, rulers or people, or seizure under legal process
h)Quarantine restrictions
i)Act or omission of the shipper or owner of the goods, his agent or representative
j)Strikes or lockouts or stoppage or restraint of labour from whatever cause,
whether partial or general
k)Riots and civil commotions
l)Saving or attempting to save life or property at sea
m)Wastage in bulk of weight or any other loss or damage arising from inherent
defect, quality or vice of the goods
n)Insufficiency of packing
o)Insufficiency or inadequacy of marks
p)Latent defects not discoverable by due diligence
q)Any other cause arising without the actual fault or privity of the carrier, or
without the fault or neglect of the agents or servants of the carrier, but the burden of
proof shall be on the person claiming the benefit of this exception to show that
neither the actual fault or privity of the carrier nor the fault or neglect of the agents
or servants of the carrier contributed to the loss or damage

Presumed fault or neglect principle

Enumerate 3 main liabilities and

17 excepted perils for the carrier,
but the carrier may escape
liability only if he proves that he,
his servants or agent took all
measures that could reasonably
required to avoid the occurrence
and its consequences

Limitatio
n of
liability

Hague Rules: 100 GBP per unit or package of missing or damaged goods
Hague- Visby Rules: 10,000 francs per package or unit or 30 franc per kilo of
gross weight of the goods lost or damaged, whichever is the higher.
A franc means a unit consisting of 65.5 miligrammes of gold of millesimal fineness
900/1000.
Hague- Visby Rules: for those goods that are consolidated in container, pallet or
other transport articles:
If the B/L does not enumerate what is contained in the container, the container is
one shipping unit;
If the B/L enumerates the contents of the container individually, each of the
packages is a unit.
SDR Protocol: 666.67 units of account per package or unit or 2 units of account
per kilo of gross weight of the goods lost or damaged, whichever is the higher.
The unit of account is the SDR as defined by the IMF

835 units of account per package or unit or

2.5 units of account per kilo of gross weight of
the goods lost
or damaged, whichever is the higher.
For those goods that are consolidated in
container or other transport articles:
If the B/L does not enumerate what is contained
in the container, the container is one shipping
unit;
If the B/L enumerates the contents of the
container individually, each of the packages is a
unit;
In case where the article of transport itself has
been lost or damaged, the article of transport, if
not owned or otherwise supplied by the carrier,
is considered one separating shipping unit

666.67 units of account per

package or unit or 2units of
account per kilo of gross weight
of the goods lost or damaged,
whichever is the higher.
The unit of account is the SDR
as defined by the IMF
This amount of money is
converted at the exchange rate
that officially announced in
Vietcombank
at the time of making payment
Goods consolidated in
containers, pallets and other
transport articles: same as the
Hague Visby rules
Delay in delivery: same as the
Hamburg rules

Notice of
loss,
damage
or delay

: the consignee must send this notice to the carrier before or at the time of delivery
the goods
Hague rules: 3 days after the day when the goods were handed over to the
consignee

: the consignee must send this notice to the

carrier not later than the working day after the
day when the goods were handed over to the
consignee.
If the loss or damage is not apparent: LOR
(Letter of Reservation)
15 consecutive days after the day when the
goods were handed over to the consignee
Delay in delivery (for Hamburg rules only): the
notice has been given in writing to the carrier
within 60 consecutive days after the day when
the goods were handed over to the consignee

Limitatio
n of
Actions

The Hague Rules: any action to the carriage of goods under this rules is timebarred if judicial or arbitral proceedings have not been instituted within the period
of 1 year

The Visby- Rules: 1 year and may be extended in the period of

no more than 3 months.

The Hamburg rules: 2 years and may be

extended at any time during the running of the
limitation period by a declaration in writing to
the claimant.
The limitation period commences on the day
on which the carrier has delivered the goods or
part thereof or, in cases where no goods have
been delivered, on the last day of which the
goods should have been delivered.