Mohammed Al-Shamrani’s Post

🔔 Road carriage and deviation of the liability limits pursuant to Dutch transport law. 📑 In principle (barring willful intent or gross negligence which we will not discuss here), a limitation of liability always applies in the event of damage or loss during road carriage. 👉 For inland Dutch road carriage, a limit of EUR 3.40 per kg of lost or damaged gross weight applies ex art. 8:1105 DCC, while the limitation of liability for international transport under the applicability of the CMR is of course 8.33 SDR per kg damaged or lost cargo. ↩ A deviation from the said limitation to the disadvantage of the cargo interested party is not possible, but a deviation to the disadvantage of the carrier is. 📚 Both Book 8 of the Dutch Civil Code and the CMR explicitly state that a higher limit is permitted if the value of the goods is stated on the waybill and additional payment of freight takes place (after all, a higher risk for the carrier). See art. 8:1106 DCC respectively art. 24 jo. 26 CMR. 💡 In addition, for road transport for which the DCC applies, a contractual deviation from the limit in favor of cargo interests is possible when those agreements are recorded in a separate, written agreement drawn up specifically for the intended transport; see art. 8:1102 DCC. It is assumed that a deviating limit agreed in a general framework agreement is also legally valid under this provision. A deviating limit as included in any general terms and condition is however not enforceable. For questions contact us at info@marelex.nl hashtag #Transport #logistics #liability #claims #limitations #marine #Insurance #subrogation #recovery

Liability and Insurance - Module II - Workshop for Experts This workshop offers specialists in the field of liability and insurance or claims handling the necessary space to exchange experiences and to gather and pass on information. Topics that are important for the companies or CargoLine should/can be dealt with and discussed here. Solutions to current challenges or problems are welcome. Contribute your knowledge and experience! Learning objectives Propose solutions to current challenges Exchange of experience and collegial case consultation Get to know the latest and new Contents - Contractual liability - Freight forwarding contractual liability - Warehouse contractual liability - Freight forwarding, liability and goods transportation insurance - Special features of liability law in maritime shipping and international air freight - Practical examples https://lnkd.in/dz4NdDan #Lobraco #Logistik #Logistic #HR #Spedition #Management

A2Z Aviation: R – road feeder service In 2020, road haulage alone accounted for 77% of transport services within the EU. The advantages of lower operational costs and higher availability of means of transport play a special role in the context of airfreight replacement transport (road feeder service) and are confirmed by the fact that in Europe a minimum of 50% of the airfreight is transported to the hubs via road feeder services. Normally, this follows an agreement between the contracting parties, while some carriers replace the air transport with road haulage without the consent of the shipper. The legal treatment of these airfreight replacement transports can be decisive for the question of applicable law and in particular liability. The German Commercial Code (“HGB”) does not apply for international airfreight contracts. In case of the latter, any claims for damages and liability issues are subject to Art. 18 of the Montreal Convention (“MC99”). However, according to Article 1 MC, the air carrier is only liable for the period of "carriage by air". As per Art. 18 subsection 4 sentence 1 MC99, carriage by land is obviously :) and explicitly not considered a period of carriage by air. In order to prevent inconsistent application of the law, Art. 18 (4) sentence 3 MC99 stipulates that damages occurring during so-called feeder services are presumed to have occurred during the period of carriage by air within the meaning of Art. 1 and Art. 18 (1) MC99. As long as the presumption of Art. 18 (4) sentence 2 MC99 applies, Art. 18 MC99 supersedes national law and land transport law (Sect. 407 cont. HGB) only applies once the presumption has been rebutted. The consent/ dissent of the shipper to the airfreight replacement transport has a significant impact. According to the fiction of Art. 38 (1) MC99 and Art. 18 (4) sentence 3 MC99, an airfreight substitute carriage in breach of contract is deemed to have taken place "within the period of carriage by air". An airfreight substitute carriage in accordance with the contract pursuant to Art. 18 (4) sentence 1 and Art. 38 MC99 leads to the application of airfreight law in the event of damage on part of the air carriage only. The importance of whether airfreight law or land transport law applies stems in particular from the fact that airfreight law does not recognise any exclusion of the limitations of liability like e.g. Art. 29 CMR or Sect. 435 HGB. Thus, according to Art. 22 III MC99, the air carrier is liable for 21 SDR/kg only- even in cases of gross negligence or intent allowing to break limits in land transport law. Summary: • Legal treatment depends largely on consent/ dissent of shipper to replace air transport with trucking services. • Significant impact on the maximum liability amount and extend of damage Ulrich Steppler Katja Helen Brecke Sybille Rexer Sarah J. Haas Fabian Weicker Dr. Britta Liebert Liliana Rodrigues-Kaps Kathrin Vaupel Louisa-Ann Lange-Meindl, LL.M. Christine Kranich

As of December 28, 2024, the liability amounts of the #Montreal Convention #MC1999 will be adjusted. After almost 70 years, liability for freight under the #MC1999 is therefore almost as high as under the #Warsaw Convention #WA1955. Time to get an overview of #airfreight law again. #airlaw #arneckesibethdabelstein

🚨 Thinking About Becoming a Freight Agent? READ THE CONTRACT FIRST!🚨 Before signing any agreement, it’s critical to understand every clause. And yes, that means having an attorney review it as well. Be like Santa Claus 🎅 — Read it twice, or even ten times if needed! Here’s why ⬇ While reviewing multiple contracts during my search for the right agency, I came across some alarming clauses. For example, some brokers require agents to pay for their own insurance policies. Here’s a paraphrased example from contracts I reviewed: “Insurance - Agent will be required to purchase and maintain at their sole expense such policies as the broker requires, from time-to-time, in its sole and absolute discretion, which shall be indicated below as of the onset of this agreement…” And that’s just the tip of the iceberg. Other key areas to watch out for include: • Relinquishing Droit Moral or Intellectual Rights: This means giving up control over your creative or intellectual property. • Data and Material Releases: Ensure you understand what rights you’re signing away. • Indemnification and Claims Sections: If the contract requires you to fully indemnify the broker or take on all liability for claims, this is a major red flag. ✴ Key Takeaway: Never rush into signing a freight agent agreement without a thorough review. Protect yourself, your rights, and your future. Have you encountered questionable clauses in freight agent contracts? Let’s start a conversation—drop your thoughts or experiences below! #Logistics #FreightAgent #Agency #Broker #BrokerAgent #Transportation #Trucking #TruckingIndustry #TransportationIndustry #Freight #Contracts #Contract #ContractLaw #ReadTheFinePrint #KnowledgeIsPower #Legal #TheMoreYouKnow

CHARTERERS & LIABILITY    Did you know that every shipment by sea has one or more Bills of Lading, serving as a #receipt for the cargo and #evidence of a contract between the carrier and the cargo owner?    With the #carriage of goods by sea every shipment will have one or more Bills of Lading, being a receipt for the cargo delivered on board, but it is also evidence of a contract between the carrier and the owner of the cargo. In the third place the Bill of Lading is a document of title (the holder of the Bill of Lading is entitled to delivery of the goods).    The basic #liability regime of a bill of lading is regulated by law and international, ratified conventions, such as Hague (Visby) Rules, Hamburg Rules and US Cogsa. Any clauses in Bills of Lading more favourable to the carrier than regulated by law or conventions will be null and void and overruled by the compulsory law of the country having jurisdiction.     If you wish to know more about Charterers & Liability you can apply to our Masterclass presentation.    Continue reading on our website: https://lnkd.in/eAV7bDVn    #IMU #CharterersLiability #MarineInsurance #BillofLading

Liability and insurance - Module I - Basics for freight forwarding practice What is transport damage? What about insurance during transport? What should I do if damage occurs? What is a forwarder's liability? Answers to these and many other questions from the large area of liability and insurance are provided in this training. The most important basics for daily forwarding business are taught. Gain confidence for daily practice. Specifically meet customer requirements for knowledge in the area of liability and insurance. Reduce the risk of loss of goods, consequential damage to goods and financial losses. Learning objectives Getting to know the basis of claims and legal relationships in freight and forwarding law Be able to apply knowledge confidently in the day-to-day business of freight forwarding. Contents - Types of damage - Liability limits - National liability conditions (HGB, ADSP, GüKV) - Valoren - International statutory liability - Exclusions of liability - Reporting deadlines - Damage report https://lnkd.in/d9T5Ut-g #Lobraco #Logistik #Logistic #HR #Spedition #Management

A bill of lading is a fundamental legal document in shipping and logistics. This article explains the definition and purpose of a bill of lading, along with an example, various uses, and types: https://lnkd.in/g9C9uQ4Q #shipping #logistics #business #law

Navigating the Complex World of Aviation Law: A Focus on Baggage Check In the intricate field of aviation law, the topic of baggage check stands out as a critical area, intertwining both civil and criminal legal aspects. Understanding the nuances of laws and regulations governing baggage checks at airports is essential for travelers, legal professionals, and aviation industry stakeholders. This article delves into the various facets of baggage check procedures, highlighting key legal considerations, rights of passengers, and the responsibilities of airlines. The Legalities of Baggage Check in Aviation The process of checking baggage at airports, while seemingly straightforward, involves a complex web of legal regulations and standards. These laws are designed to ensure the safety and security of passengers, as well as to protect their rights. Key legislation includes national and international aviation security laws, airline policies, and consumer protection statutes. Passenger Rights and Airline Duties Passengers have certain ... #AirlineDuties #AviationLaw #BaggageCheck #Compensation #HazardousItems #legaldisputes #legalprofessionals #LegalResolution #Liability #OversizedLuggage #PassengerRights #PrivacyConcerns #SecurityMeasures #TechnologicalAdvances #ValuableItems

𝗠𝗼𝗻𝘁𝗿𝗲𝗮𝗹 𝗖𝗼𝗻𝘃𝗲𝗻𝘁𝗶𝗼𝗻: 𝗥𝗲𝘃𝗶𝘀𝗲𝗱 𝗹𝗶𝗺𝗶𝘁𝘀 𝗼𝗳 𝗹𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗳𝗼𝗿 𝗮𝗶𝗿 𝗰𝗮𝗿𝗿𝗶𝗲𝗿𝘀 𝗶𝗻𝗰𝗿𝗲𝗮𝘀𝗲𝘀 𝗳𝗿𝗼𝗺 𝟮𝟮 𝗦𝗗𝗥/𝗸𝗴 𝘁𝗼 𝟮𝟲 𝗦𝗗𝗥/𝗸𝗴 The Montreal Convention of 1999 defines the liability and limitations for air carriers regarding the loss and damage to cargo during international carriage by air. Under Article 24(1), known as the "𝗘𝘀𝗰𝗮𝗹𝗮𝘁𝗼𝗿 𝗖𝗹𝗮𝘂𝘀𝗲", the Convention mandates that the limits of liability shall be reviewed by ICAO (International Civil Aviation Organisation) at 𝟱-𝘆𝗲𝗮𝗿 𝗶𝗻𝘁𝗲𝗿𝘃𝗮𝗹𝘀. Yesterday, on 16th October, ICAO announced the outcome of their recent review held in June, increasing the maximum liability of air carriers in respect of cargo from 22 SDR (Special Drawing Rights) per kg up to 𝟮𝟲 𝗦𝗗𝗥/𝗸𝗴. This raises the level of compensation from approximately USD 30/kg up to 𝗨𝗦𝗗 𝟯𝟱/𝗸𝗴 at today’s rates. The revisions have been approved by States Parties to the Convention and will take effect from 28th Dec 2024. This adjustment will allow for higher recoveries in air cargo claims. Conversely, international air carriers should prepare for increased claims exposure due to the higher compensation limits. An extract from the announcement by ICAO is below: “I have the honour to refer to State letter LE 3/38.1-IND/24/4, dated 28 June 2024, by which ICAO had communicated to States Parties the results of the review of the limits of liability pursuant to Article 24, paragraph 2, of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (Doc 9740). As set out in paragraph 8 of the above-mentioned State letter, States Parties were advised that the limits of liability established under the Montreal Convention would need to be revised … … States Parties are accordingly invited to make provisions as necessary in accordance with their domestic legal requirements, to give full effect as of 28 December 2024 to the revised limits. Secretary General” The revised limit as it relates to cargo under Article 22, paragraph 3 of the Montreal Convention is shown below: Original Limit 17 SDR/kg 30 Dec 2009 19 SDR/kg 28 Dec 2019 22 SDR/kg 28 Dec 2024 26 SDR/kg It is important to note that air cargo typically has a higher value relative to its weight. This frequently leads to significantly limited recoveries against air carriers. However, in certain circumstances the carrier may be found fully liable “…if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result…” [Article 22.5]. If you encounter claims for damage to cargo, whether transported by air or other means, contact us for expert advice and assistance in maximising your recovery.   Best regards   David Landau Managing Director Dolphin Group of Companies David@dolphin-claims.com.sg