Comparison Between Rotterdam Hague Visby and Hamburg
Comparison Between Rotterdam Hague Visby and Hamburg
Comparison Between Rotterdam Hague Visby and Hamburg
Carrier’s Carrier must exercise due diligence before and at beginning of voyage to: Carrier, his servants and agents must take Same as Hague-Visby Rules however the carrier’s obligation to Further information on the Rotterdam Rules and
general duty • make ship seaworthy all measures that could reasonably be exercise due diligence to make the ship seaworthy is extended to other conventions affecting the liability for
of care • properly man, equip and supply the ship required to avoid the event causing loss and cover the entire voyage. It is now “to make and keep the ship
• make holds etc. fit and safe for reception, carriage and preservation of cargo its consequences. seaworthy”. carriage of cargoes can be found in the
Carrier must properly and carefully load, handle, stow, carry, keep, care for It also includes an obligation “to deliver” the goods. Encyclopaedia in the Members’ Areas of the
and discharge goods. Club website – www.ukpandi.com
Carrier’s • Act, neglect, or default of the master, mariner, pilot or the servants of the No specific list of defences. Additional defences to those listed in the Hague-Visby Rules include: Useful information can also be found in the
defences carrier in the navigation or in the management of the ship • War hostilities, armed conflict, piracy, terrorism
• Fire, unless caused by the actual fault or privity of the carrier Carrier must prove he, his servants or agents, • Loading, handling, stowing, or unloading of the goods, unless the following publications:
• Perils, dangers and accidents of the sea or other navigable waters took all measures that could reasonably be carrier or a performing party performs such activity on behalf of the
• Act of God required to avoid the occurrence and its shipper or the consignee Hill Dickinson’s Shipping At a Glance Guide
• Act of war consequences. • Reasonable measures to save or attempt to save property at sea No.1 “Cargo Conventions: Comparing Hague,
• Act of enemies • Reasonable measures to avoid or attempt to avoid damage to the
• Arrest or restraint of princes, rulers or people, or seizure under legal process environment Hague-Visby, Hamburg and Rotterdam Rules”
• Quarantine restrictions • Acts of the carrier in pursuance of the powers conferred by articles at www.hilldickinson.com (see Marine, Trade &
• Act or omission of the shipper or owner of the goods, his agent or 15 and 16 (in relation to goods that may become dangerous and
representative need to be sacrificed for the common safety)
Energy)
• Strikes or lockouts, or stoppage or restraint of labour from whatever cause
• Riots and civil commotions “Error of navigation” defence and “any other cause” defence have And then there were the Rotterdam Rules
been removed.
• Saving life or attempting to save life D. Rhidian Thomas
• Wastage in bulk or weight or any other loss or damage arising from inherent
defect, quality or vice of the goods Editorial of the Journal of International Maritime
• Insufficient packaging
• Insufficiency or inadequacy of marks Law (JIML) (2008) 14 JIML
• Latent defects not discoverable by due diligence
• Any other cause arising without the actual fault or privity of the carrier The Rotterdam Rules Professor Michael Sturley;
Professor Tomotaka Fujita; Professor G. J. van
Notification of Notice of loss or damage must be given in writing to the carrier or his agent In writing to the carrier: Notice of loss to be given at the time of delivery, or if the loss/damage der Ziel; Sweet & Maxwell – ISBN:
damage before or at the time of delivery, or within 3 days where damage is not • by the working day following delivery to is not apparent then within 7 working days. Such notice is not required
apparent. consignee when loss/damage is ascertained by way of a joint inspection/survey.
9781847037343
• within 15 days of delivery where damage
is latent Failure to provide notice shall not affect the right to claim
Notice of delay must be given within 60 days compensation nor the allocation of burden of proof. No compensation
of delivery. for delay if notice given after 21 days of delivery.
Limitation of 100 pounds sterling 2 SDRs per kg or USD500 per 2.5 SDRs per kg or 835 SDRs package or 3 SDRs per kg or 875 SDRs package or shipping unit – whichever
Liability per package or unit 666.67 SDRs per package or shipping unit – whichever is the higher. is the higher.
package – whichever customary freight unit
is higher
Liability Rules are silent. 2.5 times freight payable on goods delayed, Liability for economic loss due to delay is limited to an amount
for delay subject to upper limit of total freight on all equivalent to 2.5 times the freight payable on the goods delayed.
goods or amount of limitation if goods have The total amount payable not to exceed the limits of liability under
been lost or destroyed. the rules.
Loss of right No special provisions. Right to limit lost if Carrier will only lose Right to limit lost if damage caused by The carrier cannot limit if the claimant proves that the loss resulting
to limit carrier intends to cause right to limit liability if intention, with knowledge that damage from the breach of the carrier’s obligation was attributable to a
liability loss or is reckless he intended to could occur or recklessness. Also when “personal act or omission… done with the intent to cause such loss or
knowing loss would cause loss/damage goods are carried on deck contrary to recklessly and with knowledge that such loss would probably result”.
probably result. or was reckless express agreement to carry under-deck.
knowing such Damage/loss due to delay included.
loss/damage would
probably result.
Burden of Shipper must show cargo was delivered to the carrier in good order and Carrier must prove that reasonable steps to Detailed wording on how the burden of proof operates.
Proof condition but received at destination in damaged condition. A clean B/L is avoid loss were taken unless damage is The carrier is liable for loss, damage or delay if the claimant proves that
prima-facie evidence of this. Under English law the claimant must establish caused by fire. such loss, damage, delay or event (which was causative or contributed
breach of a seaworthiness obligation or failure to properly and carefully carry by) took place during the carrier’s responsibility for the goods.
the goods. Once this is established, the burden of proof shifts to the carrier
to show either due diligence or the application of one of the defences. The carrier is liable if the claimant proves that loss, damage or delay
was caused or attributed by a) unseaworthiness of the ship,
b) improper crewing, equipping or supplying of the ship,
c) if the holds or other parts of the ship (including containers) were
not fit and safe for carriage, reception and preservation of the goods.
The carrier is relieved from liability if it can prove that the cause or
one of the causes is not attributable to its fault or the fault of its
subcontractors, agents or employees. Alternative to proving absence
of fault, the carrier must prove that the damage was caused by one
of the exceptions in the list of defences.
Thomas Miller P&I Ltd – London Thomas Miller (Americas) Inc – New Jersey
Tel: +44 20 7283 4646 Fax: +44 20 7283 5614 Tel: +1 201 557 7300 Fax: +1 201 946 0167
Thomas Miller (Hellas) Ltd – Piraeus H1 Thomas Miller (Hong Kong) Ltd – Hong Kong
Tel: +30 210 42 91 200 Fax: +30 210 42 91 207/8 Tel: + 852 2832 9301 Fax: + 852 2574 5025
www.ukpandi.com / www.ukdefence.com