LAW OF OBLIGATION ACT, PART 8, CHAPTER 42, SUBDIVISION 2

Subdivision 2

Removals 

  • 810. Obligations of carrier

(1) If the object of a contract of carriage is removals (a contract for removals), the dismantling, loading, unloading and assembly of furniture and other furnishings to be moved are also the obligations of a carrier.

(2) If the sender is a consumer, the obligations of the carrier shall also include the performance of other agreed obligations related to the removals, such as packing and marking.

  • 811. Consignment note and notification

(1) The carrier does not have the right to demand a consignment note from the sender.

(2) If the objects of a contract for removals are dangerous goods, the sender who is a consumer need only notify the carrier of the danger arising from the goods in a general manner and in a form chosen by the sender. The carrier shall inform the sender of this obligation.

(3) If the sender is a consumer, the carrier shall notify the sender of the customs rules and other similar rules which must be complied with. However, the carrier is not required to check the correctness and completeness of documents placed at the disposal of the carrier by the sender and of information communicated to the carrier thereby.

  • 812. Limitation of liability of sender

The sender shall compensate for any damage caused to the carrier only to the extent of 409 euros per square metre of loading space necessary for performance of the contract.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

  • 813. Release from liability

(1) The carrier shall not be liable for the loss of or damage to the goods to be moved when the damage arises from the special risks inherent in one or more of the following circumstances:

1) the lack of or defective condition of the packing or marking of the furnishings by the sender;

2) loading or unloading of the goods, and other operations with the goods by the sender;

3) carriage of the goods in a container if the carrier was not required to pack the goods;

4) loading or unloading of goods the size or weight of which does not correspond to the spatial conditions of the place for loading or unloading, if the carrier notifies the sender beforehand of the risk of damage and the sender nevertheless wishes to load or unload the goods regardless;

5) carriage of livestock or plants;

6) the nature of the goods which particularly exposes them to damage, especially through breakage, functional failure, rust, decay, desiccation or leakage.

(2) The carrier shall not be liable for the loss of or damage to the goods to be moved if the damage is caused to precious metals, jewels, precious stones, money, stamps, coins, securities or documents.

(3) If the carrier establishes that one of the circumstances specified in subsection (1) of this section has occurred and that the damage could be attributed to the circumstance, it is presumed that the damage has been caused by the circumstance.

(4) The carrier is only entitled to claim the benefit of subsections (1) and (2) of this section if the carrier proves that all steps incumbent on the carrier in the circumstances were taken and that the carrier carried out any instructions issued thereto.

  • 814. Limitation of liability of carrier

The liability of the carrier which arises from loss of or damage to the goods to be moved shall be limited to 614 euros per square metre of loading space necessary for performance of the contract.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

  • 815. Term for notification of damage

The right of claim which arises from the loss of or damage to the goods to be moved shall extinguish if no notification is given of the damage to or loss of the goods within one day as of delivery of the goods if the loss of or damage to the goods is apparent and within 14 days if the loss of or damage to the goods is not apparent.

  • 816. Non-applicability of limitations on liability

If the sender is a consumer, the carrier shall not rely on the following:

1) preclusion of the liability and limitations on the liability of the carrier provided for in the Subdivision One of this Chapter and in §§ 813 and 814 of this Act if, upon entry into the contract, the carrier fails to notify the sender clearly and in a format which can be reproduced in writing of any provisions which preclude or limit the liability of the carrier and of the possibility of agreeing on more extensive liability or insuring the goods;

2) the provisions of §§ 801 and 815 of this Chapter if the carrier fails to notify the sender not later than upon delivery of the goods and in a format which can be reproduced in writing, of the manner of notification of damage, the terms for submission of a notice and the legal consequences of failure to give notification of damage.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 817. Mandatory nature of provisions

(1) If the sender is a consumer, any agreement which derogates from the provisions of Subdivisions One and Two of this Division concerning the liability of the carrier and the sender to the detriment of the sender is void.

(2) Any agreement contained in the standard terms which derogates from the provisions of subsection (1) of this section is void.

(3) If the law of a foreign state applies to a contract for removals, the provisions of subsections (1) and (2) of this section still apply if both the place where the carrier accepts delivery of the goods to be removed and the place of delivery of the goods to be moved are in Estonia.

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