Apart from the wide variety of freight forwarding services via road transport, the European network for transportation also offers added security for the cargo being transported by strict compliance to the requirements for the drivers’ responsibilities in accordance to the CMR Convention.
The convention applies to all contracts for the shipment of cargo and goods via road transport from a destination in one country to a destination in another. At least one of these two countries needs to be a contracting party to the Convention.
Obligations of the carriers – the member companies of the European logistics network in accordance to the Convention
The companies which are members of the European logistics association work in compliance to the obligations laid down in the section for Liability of the carrier of the CMR Convention. These obligations do not apply in the cases when a delay or damage to the cargo occurs and it is not due to mistakes made by the international freight forwarders, or in the cases when unavoidable circumstances occur.
The companies performing the international freight forwarding services are responsible for the cargo and goods being forwarded as well as for any damages or losses which occur from the moment they accept the load to the moment they deliver it to its end destination. If it is found that the freight forwarders owe compensation for incurred damages or losses of the goods or cargo, the amount of the compensation is calculated based on the value of the goods from the moment of reception for shipment. If the consignor has declared the value of the products or the cargo in the accompanying bill of lading which exceeds the amount stated in Article 23, paragraph 3 as a limit value, then the amount declared in the Bill of Lading shall apply.
The amount stated in Article 3, paragraph 3 of the Convention is 25 francs per kg of gross missing weight. A gold franc which weighs 10/31 grams for a 0,900 sample is considered a franc.
Cases when the companies providing international freight forwarding services are alleviated of liability for incurred losses or damage
The Convention lays down the conditions under which the European logistics companies are alleviated from liability for incurred losses or damage. These conditions include:
- Improper or inaccurate labeling of the units of goods or cargo
- Forwarding in open vehicles if this was the requirement for the transport and has been expressly agreed upon and documented in the bill of lading accompanying the cargo
- Poor quality of the packing of the goods or cargo or lack of packaging due to which damage or losses have occurred
- Transport of goods or cargo which is perishable and is in danger of normal disintegration, rodent incurred damage or of goods and cargo which is fragile or which can rust
Circumstances which cannot be used for discharge of liability
The vehicles used by the Europe-wide groupage service and for the transport of complete loads are all maintained and kept in excellent condition and in compliance with all the requirements for the forwarding of loads. Apart from that, the employees of the European network for logistics services have sufficient experience in loading, unloading and care for the goods and cargo being shipped and they perform their jobs with due responsibility. The condition of the vehicles as well as the experience and care provided by the employees of the freight transport association are part of the obligations in accordance with the CMR Convention. According to the Convention, the forwarding services cannot us any vehicle technical problems or employee mistakes as a basis for discharge from liability.