The Hague Rules of 1924 (formally the “International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, and Protocol of Signature”) is an international convention to impose minimum standards upon commercial carriers of goods by sea
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 drafted in Brussels in 1924.
The Hamburg Rules are a set of rules governing the international shipment of goods, resulting from the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on 31 March 1978. The Convention was an attempt to form a uniform legal base for the transportation of goods on oceangoing ships.
The “Rotterdam Rules” (formally, the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) is a treaty proposing new international rules to revise the legal framework for maritime affreightment and carriage of goods by sea. The Rules primarily address the legal relationship between carriers and cargo-owners.
Comparison
Which Voyages are Covered
Hague Rules
- Rules are silent
Hague Visby Rules
- B/L issued in a contracting state
- Carriage from contracting state.
- Contract of carriage expressly applies rules
Hamburg Rules
- B/L issued in a contracting state
- Carriage from contracting state
- Carriage to contracting state
- B/L provides Rules to apply.
Rotterdam Rules
- If, according to contract,:
- Place of receipt; or
- Port of loading; or
- Place of delivery; or
- Port of discharge is in a contracting state.
- Receipt and delivery (and load port and disport) must be in different States.
Which Contracts Covered
Hague Rules
- Bill of lading or “other similar document of title”.
- Not charterparties.
- ‘Straight’ bills of lading will be considered as “documents of title” for the purposes of the Rules
Hague Visby Rules
- Bill of lading or “other similar document of title”.
- Not charterparties.
- ‘Straight’ bills of lading will be considered as “documents of title” for the purposes of the Rules
Hamburg Rules
- Contract of carriage by sea.
- Need not be a B/L or document of title.
- Not charterparties
Rotterdam Rules
- Contract of carriage “from one place to nother” by sea and possibly other modes of transport.
- Need not be a transport document or document of title.
- Electronic transport records included.
- Charterparties excluded
Geographical application – period of responsibility
Hague Rules
- Covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.
Hague Visby Rules
- Covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.
Hamburg Rules
- Carrier is responsible while in “charge” of the goods at the port of loading, during the carriage, and at the port of discharge i.e. normally from time taken over from shipper to time delivered to consignee. Subject to local port regulations
Rotterdam Rules
- Under the Rotterdam Rules the period of application and the period of responsibility of the carrier coincide with that during which the carrier is in charge of the goods, wherever he receives and delivers them, except where the goods must be handed over to an authority in the place of receipt or in the place of delivery (an exception that would apply, it is thought, only in port-to-port contracts).
Who is the carrier?
Hague Rules
- Owner or charterer “who enters into contract of carriage with a shipper”.
Hague Visby Rules
- Owner or charterer “who enters into contract of carriage with a shipper”.
Hamburg Rules
- “any person by whom or in whose name a contract of carriage has been concluded with a shipper”. Covers “actual” and “contractual” carrier.
Rotterdam Rules
- “a person that enters into a contract of carriage with a shipper”. But, obligations extend to “performing parties” acting “at the carrier’s request or under the carrier’s supervision or control”.
Contract and tort claims
Hague Rules
- Rules are silent. May apply to just contract claims.
Hague Visby Rules
- Apply to contract and tort claims
Hamburg Rules
- Apply to contract and tort claims
Rotterdam Rules
- Defences and limits of liability apply to all cargo claims for loss, damage or delay, whether in contract, tort or otherwise
Carrier’s general duty of care
Hague Rules
- Carrier must exercise due diligence before and at beginning of voyage to:
- (a) make ship seaworthy;
- (b) properly man, equip and supply the ship;
- (c) make holds etc. fit and safe for reception,carriage and preservation of cargo.
- Carrier must properly and carefully load,handle, stow, carry, keep, care for and discharge goods
Hague Visby Rules
- Carrier must exercise due diligence before and at beginning of voyage to:
- (a) make ship seaworthy;
- (b) properly man, equip and supply the ship;
- (c) make holds etc. fit and safe for reception,carriage and preservation of cargo.
- Carrier must properly and carefully load,handle, stow, carry, keep, care for and discharge goods
Hamburg Rules
- Carrier, his servants and agents must take all measures that could reasonably be required to avoid the event causing loss and its consequences
Rotterdam Rules
- Carrier to “properly and carefully receive,load, handle stow, carry, keep, care for,unload and deliver the goods”, unless specifically agreed otherwise in respect of loading, handling, stowing or unloading.
- Carrier to exercise due diligence before, at the beginning of and during the voyage by sea to:
- (a) make and keep the ship seaworthy;
- (b) properly crew, equip and supply the ship and keep the ship so crewed, equipped and supplied throughout the voyage; and
- (c) make and keep the holds etc. fit and safe for the reception, carriage and preservation of goods
Carrier’s defences
Hague Rules
- Unseaworthiness – only defence is for carrier to show he exercised “due diligence” to ensure vessel seaworthy before and at beginning of voyage.
- Properly and carefully load, etc. The following defences apply:
- Act, neglect or default of the master, mariner,pilot or the servants of the carrier in the navigation or in the management of the ship.
- Fire, unless caused by the actual fault or privity of the carrier.
- Perils, dangers and accidents of the sea or other navigable waters.
- Act of God.
- Act of war.
- Act of public enemies.
- Arrest or restraint of princes, rulers or people,or seizure under legal process.
- Quarantine restrictions.
- Act or omission of the shipper or owner of the goods, his agent or representative.
- Strikes or lock-outs, or stoppage or restraint oflabour from whatever cause, whether partial or general.
- Riots and civil commotions.
- Saving or attempting to save life or property at sea.
- Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
- Insufficiency of packing.
- Insufficiency or inadequacy of marks.
- Latent defects not discoverable by due diligence.
- Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier, nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.
Hague Visby Rules
- Unseaworthiness – only defence is for carrier to show he exercised “due diligence” to ensure vessel seaworthy before and at beginning of voyage.
- Properly and carefully load, etc. The following defences apply:
- Act, neglect or default of the master, mariner,pilot or the servants of the carrier in the navigation or in the management of the ship.
- Fire, unless caused by the actual fault or privity of the carrier.
- Perils, dangers and accidents of the sea or other navigable waters.
- Act of God.
- Act of war.
- Act of public enemies.
- Arrest or restraint of princes, rulers or people,or seizure under legal process.
- Quarantine restrictions.
- Act or omission of the shipper or owner of the goods, his agent or representative.
- Strikes or lock-outs, or stoppage or restraint oflabour from whatever cause, whether partial or general.
- Riots and civil commotions.
- Saving or attempting to save life or property at sea.
- Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
- Insufficiency of packing.
- Insufficiency or inadequacy of marks.
- Latent defects not discoverable by due diligence.
- Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier, nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.
Hamburg Rules
- Carrier must prove he, his servants or agents, took all measures that could reasonably be required to avoid the occurrence and its consequences
Rotterdam Rules
- Must either show absence of fault on carrier’s part and on the part of master or crew of ship, performing parties,employees etc. or there is a defence for the following events:
- Act of God.
- Perils, dangers and accidents of the sea or other navigable waters.
- War, hostilities, armed conflict, piracy,terrorism, riots and civil commotions;
- Quarantine restrictions or other detention or arrest not attributable to the carrier or master or crew of ship,performing parties, employees etc.
- Strikes, lockouts stoppages or restraints of labour;
- Fire on the ship;
- Latent defects not discoverable by due diligence;
- Act or omission of the shipper etc.
- Loading, handling etc. performed by shipper etc;
- Inherent defect, quality or vice of the goods;
- Insufficiency or deficiency of packing/marking;
- Saving or attempting to save life at sea;
- Reasonable measures for saving property at sea;
- Reasonable measures to avoid damage to the environment.
Burden of proof
Hague Rules
- cargo owner must establish inference of unseaworthiness or failure to properly and carefully carry the goods, and the carrier must prove relevant defence
Hague Visby Rules
- cargo owner must establish inference of unseaworthiness or failure to properly and carefully carry the goods, and the carrier must prove relevant defence
Hamburg Rules
- Carrier must prove that reasonable steps to avoid loss were taken unless damage is caused by fire
Rotterdam Rules
- Claimant to prove that loss, damage or delay took place during carrier’s period of responsibility.
- Carrier to prove that cause or one of the causes of the loss, damage or delay is not attributable to its fault or the fault of any performing party, master or crew of ship, employees etc.
Fire
Hague Rules
- If due to e.g. poor stowage,carrier only liable ifcaused by his actual fault or privity. If caused by unseaworthiness, carrier liable unless he exercised due diligence to ensure vesselseaworthy before and at beginning of voyage.
Hague Visby Rules
- If due to e.g. poor stowage,carrier only liable ifcaused by his actual fault or privity. If caused by unseaworthiness, carrier liable unless he exercised due diligence to ensure vesselseaworthy before and at beginning of voyage.
Hamburg Rules
- Carrier liable if claimant proves fire arose from fault or neglect on the part of the carrier, his servants or agents
Rotterdam Rules
- Similar regime to the Hague Rules, i.e. no specific reference to loss by fire, other than as a defence. However, note that carrier’s obligations as to seaworthiness extend to “performing parties
Live Animals
Hague Rules
- Excluded from Rules
Hague Visby Rules
- Excluded from Rules
Hamburg Rules
- Rules apply but carrier not liable for inherent “special risks”.If carrier complies with shipper’s nstructions he will be presumed not to be liable
Rotterdam Rules
- Contract of carriage may exclude or limit obligations/liability, unless claimant can prove that loss of or damage to or delay in delivery resulted from act or omission of carrier or performing party, with the intent to cause such loss or recklessly
Deck Cargo
Hague Rules
- Excluded from Rules if stated to be carried on deck on face of B/L. Undeclared deck carriage may affect carrier’s ability to rely on defences, although the carrier may still rely on package limitation under
Hague Visby Rules
- Excluded from Rules if stated to be carried on deck on face of B/L. Undeclared deck carriage may affect carrier’s ability to rely on defences, although the carrier may still rely on package limitation under
Hamburg Rules
- Rules do not exclude deck cargo. Carrier can undertake deck carriage if agreed with shipper or accords with the “usage of a particular trade or is required by statutory rulesor regulations”. Must be statement in the B/L that goods carried on deck. Failure to agree deck carriage makes carrier liable for damage, loss or delay resulting solely from carriageon deck. Carrier cannot limit liability when deck carriage is in breach of express agreement to carry below deck.
Rotterdam Rules
- Rules will apply to deck cargo so carried if:
- carriage required bylaw; or
- carried in containers; or
- In accordance with contract of carriage
- or the “customs, usages or practices of the trade in question”. If not and loss or damage due to carriage on deck, then carrier loses entitlement to defences. Further, carrier cannot limit liability when deck carriage is in breach of express agreement to carry below deck. Contract particulars to state goods may be carried on deck if carrier to have protection against third parties acquiring negotiable transport document
Dangerous cargo
Hague Rules
- Inflammable, explosive or dangerous goods if loaded without knowledge of the master (or carrier’s agent) may be discharged, rendered harmless or destroyed at shipper’s expense.
- If carrier knows of their nature but they prove dangerous they may still be discharged, rendered harmless or destroyed without liability on the part of the carrier, save in general average.
Hague Visby Rules
- Inflammable, explosive or dangerous goods if loaded without knowledge of the master (or carrier’s agent) may be discharged, rendered harmless or destroyed at shipper’s expense.
Hamburg Rules
- Similar provisions apply and the shipper is obliged to mark and label dangerous goods ina suitable manner
Rotterdam Rules
- Carrier (or a performing party) may decline to receive/load and may unload, destroy or render goods harmless
Limits of liability (a) Goods lost or damaged
Hague Rules
- £100 per package or unit unless value declared and inserted in the B/L. The £100 limit per package has been held to amount to £100 gold value often resulting in a higher limit than the Hague-Visby Rules limitation.
Hague Visby Rules
- 10,000Poincare Francs per package or unit or 30 Poincare Francs per kilo of gross weight of damaged or lost goods whichever is higher. By virtue of SDR Protocol 1979 2 SDRs per kg or 666.67 SDRs per package
Hamburg Rules
- 2.5 SDR per kg or 835 SDR per package or shipping unit
Rotterdam Rules
- 875 SDR per package or other shipping unit or 3 SDR per kg of gross weight subject of claim, whichever is higher, unless value declared
Limits of liability (b) Goods delayed
Hague Rules
- No special provisions
Hague Visby Rules
- Right to limit lost if carrier intends to cause loss or is reckless knowing loss would probably result.
Hamburg Rules
- Carrier will only lose right to limit liability if he intended to cause loss or was reckless knowing such loss would probably result.
- Deck carriage where expressly prohibited will result in loss of right to limit liability
Rotterdam Rules
- Right to limit lost if the claimant proves that loss attributable to a personal act or omission of the person claiming limitation done with the intent to cause loss or recklessly and with knowledge that such loss would probably result
Lower limits by agreement
Hague Rules
- Only permitted where not an ordinary shipment, and reasonable in special circumstances
Hague Visby Rules
- Only permitted where not an ordinary shipment, and reasonable in special circumstances.
Hamburg Rules
- No specific right to agree lower limits.
Rotterdam Rules
- Terms which directly or indirectly exclude or limit the obligations or the liability of the carrier will be void.
- “Volume contracts” excepted.
Higher limits by agreement
Hague Rules
- Permitted if recorded in the B/L.
Hague Visby Rules
- Permitted if recorded in the B/L.
Hamburg Rules
- Permitted if agreed.
- Should be recorded in the B/L.
Rotterdam Rules
- Permitted if agreed between the carrier and the shipper.
Deviation
Hague Rules
- Deviating carrier might lose right to rely on defences in Rules and lose right to limit liability. Art IV Rule 4 provides “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 the Rules or contract of carriage”.
Hague Visby Rules
- Deviating carrier might lose right to rely on defences in Rules and lose right to limit liability. Art IV Rule 4 provides “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 the Rules or contract of carriage”.
Hamburg Rules
- No special provisions. Deviation if it causes loss is subject to general test of carrier’s liability . Art 5.6 exempts a carrier from liability where he attempts to save life or “reasonable measures” are taken to save property. This would apply to deviation as much as any other cause of loss.
Rotterdam Rules
- Deviation of itself shall not deprive the carrier of any defence or limitation.
What is the effect of statements in the bill?
Hague Rules
- Prima facie evidence of their accuracy.
Hague Visby Rules
- Prima facie evidence in hands of shipper, conclusive in hands of third party, e.g. consignee to whom the B/L is transferred in good faith.
Hamburg Rules
- Prima facie evidence of statement in hands of shipper (whether shipped or received B/L). Conclusive in hands of third party who relies on statements. If freight is payable by holder of the B/L failure to state this is evidence that no freight is payable
Rotterdam Rules
- Prima facie evidence of the carrier’s receipt of the goods as stated. Proof to contrary not admissible where contract is negotiable or nonnegotiable but requires it be surrendered for delivery and the document is in the hands of a consignee/third party acting in good faith
Duties of shipper in supplying carrier with information.
Hague Rules
- Shipper is deemed to guarantee accuracy of statement as to weight and quantity of cargo. Shipper to indemnify carrier for loss resulting from errors.
Hague Visby Rules
- Shipper is deemed to guarantee accuracy of statement as to weight and quantity of cargo. Shipper to indemnify carrier for loss resulting from errors.
Hamburg Rules
- Same as Hague Rules
Rotterdam Rules
- Shipper is deemed to have guaranteed the accuracy of the information provided.
Notification of damage.
Hague Rules
- Notice of loss or damage must be given in writing to the carrier or his agent:–
- on day of delivery; or
- within 3 days where damage is latent.
Hague Visby Rules
- Notice of loss or damage must be given in writing to the carrier or his agent:–
- on day of delivery; or
- within 3 days where damage is latent.
Hamburg Rules
- Notice of loss or damage to be given in writing to carrier:
- by the working day following delivery to consignee; or
- within 15 days of delivery where damage is latent.
- Notice of delay must be given within 60 days of delivery.
- Carrier must give notice of complaint to shipper within 90 days of delivery
Rotterdam Rules
- Shipper is deemed to have guaranteed the accuracy of the information provided.
Limitation of action.
Hague Rules
- “Suit” must be brought within 1 year of delivery or date delivery should have taken place
Hague Visby Rules
- Same as Hague Rules.
- Indemnity actions may be brought after 1 year; the period for commencing suit to be determined by local law but not to be less than 3 months after claim settled or suit served
Hamburg Rules
- Litigation or arbitration to be commenced within 2 years from date of delivery of goods or the last day upon which the goods should have been delivered.
- Indemnity proceedings may be commenced after this period (at least 90 days from date of commencement of action against carrier must be allowed
Rotterdam Rules
- 2 years after delivery or when goods should have been delivered.