MARITIME LAW

Comparative Summary of Hague- Visby, Hamburg and Rotterdam Rules

No. Area Hague- Visby Hamburg Rotterdam Rules

1. Definition of The Hague- Visby There is instead The Rotterdam
contract of Rules do not a definition of Rules extend
carriage contain any such the contract of their application
definition, but carriage but it to the carriage
merely connect differs in respect by other modes if
the notion of of the the parties have
contract of description of so agreed
carriage to the the obligation of
document the bill the carrier which
of lading. is merely the
carriage of
goods by sea
from one port to
another
2. Geographical ▪ it is required for ▪ The place of The
Scope of their application issuance of the geographical
application that either the bill bill of lading is connecting
of lading or the rightly ignored. factors are
port of loading be ▪ Hamburg Rules instead the
located in a applies to a places of receipt
contracting State, contract from a and of delivery
▪ Hague-Visby port located in a and the ports of
Rules do not non-contracting loading and of
apply to a contract State to a port of discharge, the
from a port discharge first two
located in a non- located in a connecting
contracting State contracting factors having
to a port of State, been added
discharge located because the
in a contracting Rules apply also
State,. to door-to-door
contracts under
which receipt
and delivery may
be inland.
3. Exclusions ▪ contracts of ▪ adopts a ▪ contractual
from the carriage “covered” contractual ▪ supplemented
scope of by a bill of lading approach, but by a combination
application or similar then state that of a type of trade
document of title they do not and a
▪ 3 rd party apply to charter documentary
protection is parties. approach
granted only if a ▪ Protection to ▪ apply in respect
bill of lading is third parties – of parties other
issued and is same as Hague- than the original
 endorsed to a Visby contracting party,
third party irrespective of a
negotiable
transport
document.
4. Period of for dry cargo, from the carrier is in the carrier is in
application the beginning of charge of the charge of the
and period of loading of the goods at the port goods, wherever
responsibility goods on the ship of loading, he receives and
of the carrier to the completion during the delivers them,
of their discharge carriage and at except where the
from the ship. the port of goods must be
discharge. handed over to
an authority in
the place of
receipt or in the
place of delivery
5. Obligations ▪ to deliver the ▪ to deliver the ▪ obligation of
of the carrier goods to the goods to the the carrier to
consignee, is not consignee, is make the ship
mentioned. implied seaworthy and to
▪ obligations of the ▪ obligations of care for the
carrier to make the carrier to cargo
the ship make the ship ▪ transport
seaworthy and to seaworthy and document –
care for the cargo to care for the issue other than
▪ transport cargo – not a bill of lading
document – issue mentioned
a bill of lading ▪ transport
document –issue
a bill of lading
6. Liability of ▪ do not cover ▪ covers liability ▪ covers liability
the carrier liability for delay for delay for delay
and ▪ exonerated from ▪ always liable ▪ always liable
allocation of liability a) in for loss, damage for loss, damage
the burden of respect of loss of or delay caused or delay caused
proof or damage to the by fault of the by fault of the
goods arising or carrier, his carrier, his
resulting from servants or servants or
unseaworthiness agents. agents
unless caused by
the breach by the
carrier of his due
diligence
obligation and, b)
as well as for loss
of or damage to
the goods arising
from fault of the
master, mariner,
 pilot, or the
servants of the
carrier in the
navigation or in
the management
of the ship and for
loss of or damage
to the goods due
to fire caused by
fault of the crew
7. Liability of ▪ the carrier is ▪ reference is ▪ Performing
the carrier for liable for the faults made to the parties, both
other of his servants or servants or maritime (i.e.
persons agents; agents of the sub-carriers
carrier but, since performing in
the exclusion of whole or in part
independent the carriage in
contractors does respect of the
not result from sea leg and all
other provisions, independent
agents may contractors
include also performing
independent services within
contractors the port area)
performing and
services within ▪ non- maritime
the port areas. (e.g. sub-carriers
▪ the carrier is performing
responsible for carriage in-land),
loss, damage or as well as the
delay for which a master and crew
sub-carrier is of the ship and
liable. the employees of
the carrier and of
any performing
party
8. Liability of ▪ do not regulate ▪ do not regulate ▪ similar to those
servants, the liability of the the liability of the of the
agents and servants or agents servants or HagueVisby
independent but merely agents but Rules and the
contractors provide, merely provide, Hamburg Rules
respectively in respectively in in respect of the
article 4bis (1) and article 4bis (1) servants and
in article 7(2), that and in article agents of the
if an action is 7(2), that if an carrier but they
brought against action is brought have widened
them, they are against them, the category of
entitled to the they are entitled persons to whom
defenses and to the defenses they apply and
limits of liability of and limits of clearly provide
 the carrier. liability of the that all such
carrier. persons are
subject also to
the obligations
and liabilities of
the carrier.
9. Notice of notice must be the notice must notice must be
loss, damage given before or at be given not given before or
or delay the time of later than the at the time of
delivery and, if the working day delivery and, if
loss or damage is after delivery or, the loss or
not apparent, when the loss or damage is not
within three days damage is not apparent, within
of delivery apparent, within seven days of
15 days after delivery.
delivery
10. Obligations ▪ that the shipper ▪ the shipper ▪ shipper must
and liability is deemed to have must inform the deliver the goods
of the guaranteed to the carrier of the in such
shipper carrier dangerous conditions that
✓ the accuracy at nature of the they will
the time of goods withstand the
shipment of the intended
marks, number, carriage,
quantity and including
weight furnished handling,
by him. loading, lashing
✓ that the shipper and unloading.
is not responsible ▪ shipper must
for loss or damage provide
sustained by the information,
carrier or the ship instructions and
arising or resulting documents
from any cause relating to the
without its act, goods
fault or neglect ▪ shipper is liable
✓ the shipper is for loss or
liable for all damage caused
damages and by the goods
expenses directly resulting from his
and indirectly failure to inform
arising out of or the carrier of the
resulting from the dangerous
shipment of nature of the
dangerous goods goods if the
the shipment carrier does not
whereof the otherwise have
carrier has not knowledge of
consented with such dangerous
knowledge of their nature.
 character.
11. Contract Issue a bill of Issue a bill of ▪ issuance of a
documents lading lading transport
document, or
▪ obtain a
negotiable or a
non-negotiable
transport
document,
12. Limitation of 666.67 SDR per 835 SDR per 875 SDR per
liability package or unit package or unit package or unit
and 2 SDR per and 2.5 SDR per and 3 SDR per
kilogram kilogram kilogram
13. Time for suit 1 year 2 years 2 years
14. Freedom of allow freedom of any stipulation is ▪ the rules on the
contract contract in null and void obligations and
situations in which liability of both
they do not apply. the carrier and
the maritime
performing
parties as well as
of the shipper,
consignee, and
controlling party
are mandatory
▪ freedom of
contract for
volume contracts