pi_circular Insurance & claimsCargo risk Skuld
Sometimes it can be an issue to establish exactly when the responsibility for the cargo commences for a maritime Carrier. In Denmark, the custody period is somewhat wider than the "tackle to tackle" principle since the Danish Maritime Act on this point takes its inspiration from the Hamburg Rules. Under Danish law, the responsibility for the Carrier therefore commences as soon as the Carrier has "received" the cargo. There are still situations where disagreement can occur as to when the Carrier's "receipt" takes place. In a very recent judgment passed by the Danish Supreme Court (December 2012), the issue arose in connection with a road haulier who, on a Friday afternoon, left a trailer in the arrival/departure/terminal area for a ro-ro service. Sometime before the trailer was picked up by ferry personnel, it was stolen. In this particular case, the driver had gained admittance to the ferry service's terminal area by collecting a ticket which opened a barrier to the terminal area. The driver then left the trailer parked in the area for the trailer to be picked up by the ferry service's personnel to be rolled on board to be carried on a trip during the weekend. The terminal area was effectively not provided with any fences and there was no bar or hindrance for anyone to leave the area including removing a trailer at any time before the ferry service personnel had commenced transfer to the vessel. In fact, some road hauliers used the area for parking only with no intention of onward carriage by the ferry operator. This particular road haulier and the ferry service had also made a cooperation agreement according to which the rates for the service were agreed to include only the actual carriage itself together with on board/off board transfer to and from the vessel of each particular trailer. The agreement also included a provision that the Carrier did not accept any liability for any trailer unless a sea waybill had been issued. The trade was substantial with some 10,0
Denmark: Commencement of Carrier’s Liability
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