HAGUE VISBY RULES FULL TEXT PDF
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were If the Rules apply, the entire text of Rules is incorporated into the contract of carriage, and any attempt to exclude the Rules is void under Article III. ratified the original Convention adopting the Hague Rules and therefore cannot be considered as Hague Rules or the Hague/Visby Rules by reference into the bill of lading The purpose of this . and is not dealt with in this text. I. Matters regulated by the Hague-Visby Rules, the Hamburg Rules and the .. the Rules nevertheless apply in respect of parties other than the original.
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The value of the goods shall be fixed according to the commodity exchange price, full, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality. The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.
After receiving the goods into his charge the carrier or the master rulees agent of the carrier shall, tet demand of the shipper, issue to the shipper a bill of lading showing among other things:.
The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to: DONE at Brussels, this 23rd day of Februaryin the French and English languages, both texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies.
A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under these Rules, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.
Article 5 Article 10 of the Convention shall be deleted and replaced by the following: It is implicit from the common law that the carrier must not deviate from the agreed route nor from the usual route; but Article IV 4 provides that “any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules”.
By contrast, the shipper has fewer obligations mostly implicitnamely: Article 6 As between the Parties to this Protocol the Convention and the Protocol shall be read and interpreted together as one single instrument.
Article 9 1 Each Contracting Party may at the time of signature or ratification of this Protocol or accession thereto, declare that it does not consider itself bound by Article 8 of this Protocol. In the case of any actual or apprehended loss or damage the carrier fyll the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.
They are a slightly updated version of the original Hague Rules which were drafted in Brussels in The carrier’s duties are not “strict”, but require only a reasonable standard of professionalism and care; and Article IV allows the carrier a wide range of situations exempting them from liability on a cargo claim. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III.
Private International Commercial Law. Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. Article 16 The Contracting Parties may give effect to this Protocol either by giving it the force of law or by including in their national legislation in a form appropriate to that legislation the rules adopted under this Protocol.
The provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if.
The Hague-Visby Rules – The Hague Rules as Amended by the Brussels Protocol
Under Article X, the Rules apply if “a the bill of lading is issued in a contracting State, or b the carriage is from a port in a contracting State, or c the contract of carriage provides that the Rules The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants. The Hague—Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act ; and English lawyers should note gext provisions of the statute as well as the text of the rules.
However, proof to the contrary ful, not be admissible when the bill of lading has been transferred to a third party acting in good faith. The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming into force of the Protocol in respect of such State.
Article hsgue This Protocol shall be open for signature by the States which have ratified the Convention or which have adhered thereto before the 23rd Februaryand by any State represented at the twelfth session of the Diplomatic Conference on Maritime Law.
They require contracting States to apply the Rules to bills of lading mentioned in the Article and authorise them to apply the Rules to other bills of lading.
Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility fu,l liability of the carrier or the ship for the loss or damage to, or in connection with, the custody and care and handling of goods prior to the loading on, and subsequent hqgue the discharge from, the ship on which the goods are carried hgaue sea.
If such an action is brought against a servant or agent of the carrier such servant or agent not being an independent contractorsuch servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.
Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted from an dules or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result”. Manifest Sea Carriage sisudoc.
However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.
A final amendment was made in the SDR Protocol in Except as aforesaid such article of transport shall be considered the hzgue or unit. This page was last edited on 23 Novemberat 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 bill of lading showing among other things: Article 1 1 In Article 3, paragraph 4, shall be added: