LAW OF OBLIGATION ACT, PART 8, CHAPTER 42, SUBDIVISION 3

Subdivision 3

Multimodal Carriage 

  • 818. Contract of combined carriage

If goods are carried on the basis of a single contract of carriage by sea, air or land and using different vehicles (a contract of combined carriage), the provisions of Subdivision One of this Division apply to the contract unless otherwise provided for in this Subdivision.

  • 819. Known place where damage is caused

If, in the case of combined carriage, it is known that the goods have been lost or damaged on a particular leg of the journey or if an event has occurred on a leg of the journey due to which a time limit has been exceeded, the carrier shall be liable pursuant to the provisions which would apply to the leg of the journey if a separate contract of carriage had been entered into concerning that leg of the journey. The burden of proof regarding the loss of or damage to the goods or of a time limit being exceeded on a particular leg of the journey shall lie with the person who claims that the goods were lost or damaged or that the time limit was exceeded.

  • 820. Notification of damage

The provisions of § 801 of this Act apply regardless of whether the place where the goods were damaged or lost is known, unknown or will become known later. If the place where the goods were damaged or lost is known, a notice concerning damage to or loss of the goods is also deemed to have been submitted on time if the provisions which apply to entry into a separate contract of carriage concerning the leg of the journey are complied with.

  • 821. Expiry of claims

(1) The limitation period for a claim arising from loss of or damage to the goods or from a time limit being exceeded shall commence upon delivery of the goods to the consignee.

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

  • 822. Combined contract for removals

The provisions of Subdivision Two of this Division apply to combined contracts for removals. If the goods have been lost or damaged on a particular leg of the journey or if an event has occurred on a leg of the journey due to which a time limit has been exceeded, the carrier shall be liable pursuant to the provisions which would apply to the leg of the journey only if an international convention binding on Estonia applies to the leg of the journey where the damage was caused.

  • 823. Application of provisions

A contract may prescribe that even if the place where damage is caused is known, liability shall be determined pursuant to the provisions of Subdivision One of this Division regardless of during which leg of the journey the damage is caused.