Hague & Hamburg Comparison
Period of coverage
i) Hague Rules
The Rules in fact cover the entire period of carriage even during trans-shipment.
ii) Hague – Visby Rules
The Hague – Visby Rules apply to the contract of carriage under Article (1) (c) from the time when the goods are loaded on to the time they are discharged from the ship (Tackle to Tackle).
iii) Hamburg Rules
The Hamburg rules covers the period during which the carrier is in charge of the goods at the port of loading during the carriage, and at the port of discharge. Carrier is deemed to be in charge of the goods at the time of receipt of goods to the time of delivery.
Under the Hamburg Rules the carrier is in greater responsibility for deck cargo. In the absence of a statement in a bill of lading that deck carriage is permitted the carrier has unlimited liability if it in fact carries on deck having the burden of providing permission. Where the carrier is authorized to carry on deck, it has the same liabilities as in the case of under deck carriage. This differs from the Hague-Visby Rules when there is no mandatory application of those Rules of deck carriage.
In the case of Pyrene Co Ltd., v Scindia Navigation Co Ltd.11 it was held thatalthough the damage was caused before the goods had crossed the ship rails thisdid not essentially mean the exclusion of the rules. In the said judgement it wasstated that no special significance should be placed on the phrase “loaded on”. |
Carrier’s Duties and Liabilities – Seaworthiness
i) Hague Rules
Even if the carrier fails to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage, and even if that failure causes the cargo loss or damage, the carrier may nevertheless limit its liability for "any loss or damage to or in connexion with goods "to the amount of the package limitation of art. 4(5) of the Hague Rules. The reason is that art.4(5) provides that: "Neither the carrier nor the ship shall in any event be or
i) Hague Rules
The Rules in fact cover the entire period of carriage even during trans-shipment.
ii) Hague – Visby Rules
The Hague – Visby Rules apply to the contract of carriage under Article (1) (c) from the time when the goods are loaded on to the time they are discharged from the ship (Tackle to Tackle).
iii) Hamburg Rules
The Hamburg rules covers the period during which the carrier is in charge of the goods at the port of loading during the carriage, and at the port of discharge. Carrier is deemed to be in charge of the goods at the time of receipt of goods to the time of delivery.
Under the Hamburg Rules the carrier is in greater responsibility for deck cargo. In the absence of a statement in a bill of lading that deck carriage is permitted the carrier has unlimited liability if it in fact carries on deck having the burden of providing permission. Where the carrier is authorized to carry on deck, it has the same liabilities as in the case of under deck carriage. This differs from the Hague-Visby Rules when there is no mandatory application of those Rules of deck carriage.
In the case of Pyrene Co Ltd., v Scindia Navigation Co Ltd.11 it was held thatalthough the damage was caused before the goods had crossed the ship rails thisdid not essentially mean the exclusion of the rules. In the said judgement it wasstated that no special significance should be placed on the phrase “loaded on”. |
Carrier’s Duties and Liabilities – Seaworthiness
i) Hague Rules
Even if the carrier fails to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage, and even if that failure causes the cargo loss or damage, the carrier may nevertheless limit its liability for "any loss or damage to or in connexion with goods "to the amount of the package limitation of art. 4(5) of the Hague Rules. The reason is that art.4(5) provides that: "Neither the carrier nor the ship shall in any event be or
References: Hamburg Rules: United Nations Convention on the Carriage of Goods by Sea, 1978 Alessandro. [Source: http://www.transportrecht.de/] A Comparative Analysis of The Hague-Visby Rules, The Hamburg Rules And The Rotterdam Rules, Francesco Berlingieri (Nov. 2009). The Hague Rules, the Hague-Visby Rules, and the Hamburg Rules, Francis Reynolds (April 1990). COMPARISON OF HAGUE-VISBY AND HAMBURG RULES, Ms Anomi Wanigasekera, Messrs Julius & Creasy (2007).