Contracts of Carriage. In performing the Services, the Operator is authorised to enter into contracts of carriage with passengers on the Routes provided that the terms and conditions of such contracts of carriage (and any subsequent changes thereto) shall:
Contracts of Carriage. Bill of lading The bill of lading is one of the most important documents related to the commercial operations of shipping. Without the bill of lading the international transport industry would not be as we know it today, in fact, international trade would probably not exist in its present guise, and cargo-supernumeries would have more power and authority than the ship’s master. The international, commercial movement of cargo needs the bill of lading: It provides the wherewithal to allow cargo to be bought and sold when the parties to the transaction are separated by thousands of miles It allows goods to be transferred between owners while the goods are still being carried on a ship It provides security for bank loans and mortgages It provides persons, not party to the original sale with rights, and obligations, regarding the transport of the goods, their loss, damage or destruction It provides a detailed description of the goods and the conditions in which it was loaded Unfortunately the bill of lading can also be abused (see maritime crime). The bill of lading’s identity and legal standing is provided for by national and international law, by case law and precedent, and by common usage over many years. International law Conventions for the unification of certain rules of law relating to bills of lading 1924 (hague rules) and the 1968 protocol, which collectively make up the hague visby rules, are the main regulations that influence the format, issue and use of bills of lading. There is a lesser used convention on the carriage of goods by sea 1978 sponsored by unctad and known as the hamburg rules, that is supposed to eventually replace the hague and hague visby rules. However, there is much entrenched feeling against the hamburg rules from the traditional maritime industry, as it places a greater burden of responsibility on the carrier, that is, ship, than the more widely used hague/hague visby. National law Most maritime states have some form of national legislation based on the minimum requirements of hague/hague visby, the usa have the carriage of goods by sea act 1936 which uses the hague rules, and the uk has the cogsa 1971 which follows hague visby. The bill of lading has three main functions Receipt of goods shipped Good evidence of contract Document of title And it is these functions that give the bill of lading its importance in the aspects of ship operations As a receipt of goods loaded, the bill of lading provides an exact assessment as to the ...
Contracts of Carriage. 8. All contracts involving the carriage of Cargo shall be governed by the terms and conditions of Harken’s standard form Bill of Lading as amended from time to time and shall apply whether or not such Bill of Lading is actually issued in respect of any particular cargo. Where a Xxxx of Lading is not issued the customer agrees that the issue of a Bill of Lading is contemplated by the contract of carriage. Copy of the full standard Bill of Lading are attached as Appendix 1 to these standard terms and conditions. The Bill of Lading contains additional provisions which limit or exclude the liability of Harken.
