Although most European states are parties to the Hague-Visby Rules,
it should be noted that there are a significant
number of countries, such as the USA, which are party to the more
restrictive unamended
Hague Rules.
The Hague-Visby Rules apply to any bill
of lading or similar document of title relating to the carriage
of goods between ports in different states, if the bill of lading
is issued in a contracting state; or the carriage is from a port
in a contracting state; or the contract expressly provides that
the Rules shall govern. The carrier must issue a bill of lading
which shows details the condition and either number of packages,
or the weight, or the quantity of the goods. The exporter is responsible
for giving accurate particulars of the goods; packing the goods
properly and making claims within set limits. The sea carrier must
properly and carefully load, handle, stow, carry and discharge the
goods. However, the carrier can deny liability in the event of fire;
perils, dangers and accidents of the sea; strikes and inherent vice,
etc.
Compensation is calculated in relation
to the value of the goods at the time and place at which the goods
are, or should have been, discharged from the ship. The shipper
can opt to be compensated either on a per package (providing the
number of packages is stated on the bill of lading), or per kg of
gross weight basis. Compensation is fixed per package or per kg.
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