The Hague Visby Rules海牙威士比規則- 海上貨運規則.pptVIP

introduction 3 sets of rules governing carrier’s obligations and liability- Hague, Hague-Visby and Hamburg rules. These are international conventions applicable to contracts of carriage. These contain minimum terms and conditions where a bill of lading is used. Intro contd. These set of rules contain: Carrier’s obligations Carrier’s exceptions from liability Extent of carrier’s liability to shipper Shipper’s responsibilities The amounts recoverable from the carrier in case of loss of or damage to the goods while in the carrier’s care. Intro contd. Hague Rules- adopted by majority of trading countries. Hague-Visby Rules- adopted by the UK and 30 other countries. Hamburg Rules- adopted by fewer countries. (not favoured by ship-owners since they are less to their advantage than the other rules) Where a set of rules is adopted by a particular state, the rules are incorporated by law into the domestic legislation of the State. In UK Hague – Visby rules are adopted in COGSA -71 Hague – Visby Rules Proper name - Hague rules as Amended by Brussels Protocol 1968 Applies to every Bill of Lading or document of title relating to carriage of goods between different states if: If B/L is issued in contracting state Carriage is from a port of contracting state In every other case, If incorporated in B/L Rules apply to B/L only and not the charter party. Carrier’s responsibilities Under HVR carrier has three basic obligations To ensure the vessel’s seaworthiness To care for the cargo To issue a bill of lading where the shipper requests one. Seaworthiness Carrier must before and at the beginning of voyage, exercise due diligence to: Make the ship seaworthy Properly man, equip and supply the ship Make the parts of the ship in which goods are to be carried, fit and safe for their reception, carriage and preservation. Vessel needs to be seaworthy only at the beginning of the voyage. Care for the cargo Unlike the seaworthiness, duty of care for the cargo extends throughout the voyage.