LIABILITY OF THE CARRIER
The insurance “Liability of the carrier” covers against paid insurance premium, the liability of the carrier in the carriage of goods by road by own and/or rented vehicles.
This insurance covers the material liability of the insured carrier for total or partial absence and/or damage to the cargo carried by road, according to the conditions. The costs shall also be covered:
– reasonably made to prevent and reduce damage, as well as to clarify the amount of compensation loss or damage. Such costs include: saving the goods transported, overloading them, storing goods in stock, additional transport costs to their original destination, etc.
– for freight, customs duties and other costs of transporting the goods in the event of an overall absence and proportionate, where there is a partial absence.
The liability of the insured carrier arising from /at/:
– intentional acts, omissions or gross negligence on the part of the insured carrier, its employees or other persons whose services are used to carry out the carriage;
– carriage of live animals, precious objects, banknotes, coins, precious metals and precious stones, treasury bills, policies, shares, notarial deeds, postage stamps, documents, manuscripts, plans, securities and cheques, works of art, paintings, sculptures, etc. objects of unique value;
– mold, fermentation, hidden defects, worms, larvae, rodents, insects, parasites, own deficiency or nature of the load, decay, insufficient insulation, contamination, natural weight loss, weathering/evaporation, staining, discoloration, uptake of odors and the like, scale differences, counting errors, commercial losses or lost profits, and any other indirect damage;
– the carriage of goods subject to smuggling or prohibited trade, as well as confiscation, requisition, nationalisation or other similar measures ordered by the competent authorities;
– mechanical or electrical failure /unless caused by external factors/;
– non-compliance with the temperature regime of the refrigeration rooms referred to in the contract of carriage, unless all measures concerning the choice, maintenance and use of such appliances have been taken under the circumstances,
– total or partial loss of cargo from vehicles left unattended while under the actual care and responsibility of the insured carrier or other persons for whom he is responsible, except where an official document has evidence that part or all of the cargo has disappeared or been taken from the vehicle while staying or parking in a secure and/or specialized car park;
– theft of the cargo or part thereof as a result of unlawful withdrawal of the whole vehicle, irrespective of whether the vehicle has subsequently been found. Unlawful confiscation of the vehicle occurs in cases of theft, robbery and unlawful confiscation of the vehicle for the purpose of use in any of the less or more severely qualified compositions of these crimes under the BPR’s SP;
– war, civil war, revolution, uprising, rebellion or civil struggles, strikes, lockouts, hostile action by or against a warring force, act of the authorities, acts of terrorists;
– captivity, capture, arrest, imprisonment or detention and their consequences or attempt to commit them;
– losses caused by abandoned mines, bombs or other explosives,
– direct or indirect influence from a nuclear explosion and/or ionising radiation and/or radioactive contamination due to the use of atomic energy and/or radioactive substances;
– driving the vehicle by a driver who has used alcohol and/or other narcotics and/or without a driving licence;
– defects in the packaging of the cargo and costs relating to such defects, where the latter were visible or known to the insured carrier at the time of acceptance of the cargo for carriage and he has not made a written objection on this occasion;
– loss or damage to cargo as a result of loading and unloading operations where they are not carried out by the carrier;
– the loss or inaccurate use by the insured carrier of the documents indicated in the consignment note accompanying it or handed over to it;
– a delay from the agreed time limit for the delivery of the cargo, or, if a time limit has not been agreed, where the actual duration of the shipment exceeds the usual time required for such carriage carried out with the care of a good trader;
– delivering the cargo to the consignee without payment of the cash on delivery, where this was the carrier’s obligation;
– the deductible proportion relative to the insured carrier’s cargo, with the participation of more carriers, and one or more are insolvent;
– the performance of carriage or delivery of cargo not complying with the documentation of departure;
– failure by the insured carrier to execute the orders of the person entitled during the carriage, under the terms of the contract of carriage itself;
– inappropriately selected vehicle, malfunction and/or inappropriate loading and preparation of the means of transport;
– loss or damage to container and container equipment;
– transport of explosive, explosive, radioactive, highly poisonous and other dangerous goods.
Some of the excluded risks may also be included in the mutual arrangement between the parties and against payment of an additional premium in insurance cover.