Hague,

g , HagueHague
g -Visby,
y,
Hamburg Rules
by Zeynep zkan zeren
ZKAN Law Office

Comparing Hague, HagueHague-Visby

and Hamburg Rules
I
I.
II.
III.

OUTLINE
When does each of the Rules apply?
Carriers obligations under each Rules
Other major differences between various
Rules

I.
I When do they apply?
a)) Which contracts are covered?
Hague Rules

Hague--Visby
Hague

-bill of lading or other similar

document of title
-Not charterparties or waybill
-straight bills of lading are covered

Hamburg
-Contracts of
carriage
g by sea,
need not be a b/l
or document of
title
-not charterparties

I. When do they apply?

b) Which voyages are covered?
Hague
Hague-Visby
HagueHamburg
Silent
a)
b/l issued in a Hague
Hague-- a) b/l issued in a
Visby state
Hamburg state
(b/l issued
i
d in
i a
contracting
b)
Carriage from a
b)
Carriage from a
state)
Hague--Visby state
Hague
Hamburg state
c)
Contract of carriage
c)
Carriage to a
expressly
p
y applies
pp the
Hamburgg state
Rules
d)
Contract of
carriage
expressly applies
the Rules

I. When do they apply?

c) Period of coverage
Hague

HagueHague-Visby

the
h period
i d ffrom the
h time
i the
h goods
d
are loaded on to the time when they
are discharged
di h
d ffrom the
h ship
hi
i.e.tackle to tackle

Hamburg
the
h period
i d dduring
i
which the carrier
i iin charge
is
h
off
the goods at the
port off loading,
l di
during the
carriage
i
and
d at the
h
port of discharge

II. Carriers Obligations

a) Carriers duty of care
Hague

HagueHague-Visby

-Due diligence to provide a seaworthy vessel

(extends to manning, equipping and
cargoworthiness) before and at the
beginning of the voyage
-properly and carefully load, handle, stow,
carry, keep, care for and discharge goods

Hamburg
Carrier and his
servants must take all
measures that could
reasonably be
required to avoid the
eventt causing
i loss
l
and its consequences

II. Carriers Obligations

b) Carriers defences
H
Hague

H
HagueHague
-Visby
Vi b

The catalogue exceptions including:

error in na
navigation
igation
fire
perils of the sea
act of God
act of war and public enemies
restraint of state authority
strikes or lockouts
riots, civil commotions
saving life or property at sea
inherent vice
defective p
packingg
catch
catch--all exception

H b
Hamburg
Carrier must prove
he his servants or
he,
agents took all
measures that could
reasonably
bl b
be
required to avoid the
occurance and its
consequences

II. Carriers Obligations

c) Burden of proof
Hague

HagueHague-Visby

Rules not clear

practice: cargo
g owner to
General p
prove unseaworthiness and loss
attributable to such unseaworthiness
and then the carrier is to prove due
diligence
g
and anyy relevant exceptions
p

Hamburg
Carrier to prove
that reasonable
steps were taken
unless the damage
is due to fire

II. Carriers Obligations

d) Limitation
Li it ti off li
liability
bilit ffor goods
d llostt or
damaged
Hague

HagueHague-Visby

Hamburg

100 pound
p
d
sterling (to be
t k n as gold
taken
ld
value) per package
orr unit
nit

10,000
10 000

2 5 SDR per
2.5
p r kkg orr
835 SDR per
p k
package
orr
shipping unit

Poincare
P i r
Francs per
p k
package
orr unit
nit orr
30 Poincare
Fr n s per kil
Francs
kilo off
gross weight
2 SDR
SD per kg
k or
666.67 SDR per
package
k
under
d
SDR Protocol

II. Carriers Obligations

e) Limitation of liability for delay
Hague
HagueHague-Visby
No special
p
p
provision
(the issue of damage due to delay not
covered by the Rules)

Hamburg
2.5x freight
g
payable for goods
delayed
y but not
exceeding total
freight
g

II. Carriers Obligations

f) Loss of right to limit liability
Hague

HagueHague-Visby

Hamburg

No special
provisions

if carrier intends to cause loss or is

reckless knowing loss would probably
result

III. Other major differences between

various Rules
Hague

HagueHagueVisby

Hamburg

D k cargo
Deck

excluded
l d d from
f
the
h R
Rules
l if
stated in b/l

not excluded
l d d

Live animals

excluded from the Rules

not excluded

Deviation

no special provisions

Time--bar
Time

carrier may lose right to rely

on exceptions to liability
1 year

Jurisdiction

no special provisions

special provisions

Arbitration

no special provisions

special provisions

2 years

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