LIABILITY OF THE FORWARDER
The liability of the freight forwarder is insured according to the General Forwarding Conditions / GTC / and the General Warehouse Conditions / GTC / of the National Association of Bulgarian Freight Forwarders / NSBS /, as follows:
CLAUSE / A / – Liability of the freight forwarder, acting as COMMISSIONER – as a proxy or as a sales representative of the client under the General Terms and Conditions of NSBS.
and / or
CLAUSE / B / – Liability of the forwarder, acting as an OPERATOR under the General Terms and Conditions of NSBS.
and / or
CLAUSE / C / – Liability of the freight forwarder, acting as a WAREHOUSE OPERATOR under the General Terms and Conditions of NSBS.
Insurance protection is without territorial restrictions, except for damages from shortages and damages caused by the passage of goods through zones of hostilities.
The coverage is valid when the liability of the forwarder / in case of a validly concluded forwarding contract / arises from:
international convention or national law, which must be applied to the activity and specific transactions of the freight forwarder and / or
from OSU or from OSKU of NSBS.
the increase of the liability of the freight forwarder under special agreements or arrangements with the client, which exceed the limits of the liability and are concluded under conditions different from the conditions under the General Terms and Conditions or the General Terms and Conditions, except by special agreement.
the damages and losses of the freight forwarder during the execution of the freight forwarding contract, but only those of the client.
The liability of the forwarder is not covered in the following cases:
in case of intent or gross negligence on the part of the forwarder, his employees and proxies / actual service providers, who are a party to the contracts concluded by the forwarder for his own account or for the account of the client for transport, storage, handling or customs clearance of goods, assigned to the freight forwarder’s proxies;
in case of intentional actions, negligence or fraud on the part of the client, the entitled person or their duly authorized representatives;
in case of dissimilar documentation / obvious discrepancy between the submitted documents /;
in case of partial absence of the contents with fully preserved outer packaging;
according to art. 55 of the General Terms and Conditions and Art. 59 of the OSSC of the NSBS;
in case of imaginary differences in weight due to different indications of the measuring instruments / weighted difference /.
in case of smuggling, prohibited or secret trade;
in the case of damages for which compensation may be claimed on the basis of contractual agreements which are not specific to the forwarding industry, such as contractual penalties, guarantees for urgent delivery, lost profits and indirect losses of any kind, etc., as well as excluding legal liability. These damages can be covered under the terms of a separate agreement;
in case of risks for civil liability of the enterprise, civil liability of drivers of motor vehicles, etc .;
in the event of death, personal injury or other non-pecuniary damage caused by damage, loss or delay;
in case of military actions, civil unrest, strikes, burglary / unless additional coverage has been agreed upon at an additional premium /, actions of armed gangs, actions of the authorities and their authorized bodies and institutions, nuclear incidents and their consequences.
The increased liability of the forwarder arising from services rendered in respect of gold, banknotes, coins, precious stones, jewelery, antiques, works of art and securities of all kinds, tobacco products and concentrated alcoholic beverages is not covered.
In the case of transport of dangerous goods, the insurance protection also covers the liability under forwarding contracts for the transport of dangerous goods by road only if the storage, handling and transport of the latter are carried out in accordance with the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). / including ADR-driver’s license and international certificate according to the ADR model. for the suitability of the motor vehicle to transport the respective class of dangerous goods /, the RID Convention, IMO and the rules for transport of dangerous goods by air and inland waterways. The insurance is concluded for a period of one year or for the duration of a separate forwarding transaction.
The insurance protection is valid for all forwarding contracts concluded during the insurance period until the fulfillment of the obligations arising from them, but not later than 30 days, and for the storage contracts – 60 days from the termination of the insurance contract.