LAW OF OBLIGATION ACT, PART 8, CHAPTER 42

Chapter 42

CONTRACT OF CARRIAGE 

Division 1

Contract for Carriage of Goods 

Subdivision 1

General Provisions 

  • 774. Definition of contract for carriage of goods

(1) By a contract for the carriage of goods, one person (the carrier) undertakes to carry movables (goods) for another person (the sender) to a destination and to deliver the goods to a third party (the consignee). The sender undertakes to pay a charge therefor (a carriage charge) to the carrier.

(2) The provisions concerning contracting for services apply to contracts for the carriage of goods unless otherwise provided for in this Division.

(3) The provisions of this Division do not apply to the carriage of goods by sea.

  • 775. Consignment note

(1) The carrier may demand that the sender issue a consignment note containing the following information:

1) the place and date of issue of the consignment note;

2) the name and address of the sender;

3) the name and address of the carrier;

4) the place and the date of taking over of the goods by the carrier;

5) the name and address of the consignee, and a contact address of the consignee for the carrier;

6) the place set out for the consignee for the goods to be delivered;

7) a description of the nature of the goods and the method of packing, and, in the case of dangerous goods, markings pursuant to the requirements established for such goods or, in the absence of such requirements, their generally recognised description;

8) the number of packages and their special marks and numbers;

9) the gross weight of the goods or their quantity expressed in other units of measurement;

10) the agreed carriage charge, demurrage charge and expenses subject to reimbursement, and the notation concerning payment of the charges;

11) the “cash on delivery” charge if so agreed;

12) instructions for the customs clearance of the goods and other formalities related to the goods if such clearance or formalities are required;

13) an agreement on the type of carriage, including in open unsheeted vehicles or on deck.

(2) If the parties so agree, a consignment note may contain information not specified in subsection (1) of this section.

(3) A sender shall issue and sign a consignment note in three original copies, of which one shall be retained by the sender, one shall accompany the goods and one shall be handed to the carrier. At the request of the sender, the carrier shall sign the consignment note. The signatures may be replaced by a clip-mark.

  • 776. Conclusive force of consignment note

(1) A consignment note signed by the sender and the carrier shall be prima facie evidence of entry into the contract of carriage, the conditions of the contract and the receipt of the goods by the carrier.

(2) Upon the existence of a consignment note signed by the sender and the carrier, it is presumed that the goods and their packaging appeared to be in good condition when the carrier took them over and that the number of packages, their marks and numbers corresponded with the information set out in the consignment note.

(3) A carrier may enter a reasoned notation in a consignment note (reservation) concerning the checking of the accuracy of the information set out in the consignment note. In this case, the provisions of subsection (2) of this section do not apply. The carrier may justify the reservation if, amongst other things, the carrier does not have reasonable means of checking the accuracy of the information set out in the consignment note.

(4) The carrier shall check the gross weight, quantity or content of the goods if so requested by the sender and if the carrier has reasonable means of checking. The carrier may demand that the sender reimburse any reasonable expenses incurred in relation to the checking.

(5) If the carrier has checked the gross weight, quantity or content of the goods and the results have been entered in the consignment note signed by both parties, it is presumed that the gross weight, quantity and content of the goods correspond to the information in the consignment note.

  • 777. Dangerous goods

(1) Upon the carriage of dangerous goods, the sender shall inform the carrier of the exact nature of the danger and, if necessary, the precautions to be taken in good time and in a format which can be reproduced in writing.

(2) If, upon the delivery of goods, the carrier is not informed that the goods are of a dangerous nature and the carrier is unaware of this fact, the carrier may unload the dangerous goods, place them in storage, transport them back or, if necessary, destroy the goods or render them harmless. The carrier is not required to compensate the sender for any damage arising therefrom.

(3) The carrier may demand that the sender reimburse the necessary expenses incurred in relation to the application of precautions specified in subsection (2) of this section.

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

  • 778. Packing and marking of goods

(1) Taking into account the nature of the goods and the agreed type of carriage, the sender shall pack the goods such that they are protected against loss and damage and do not cause damage to the carrier.

(2) The sender shall mark the goods if this is necessary in order to enable the carrier to carry the goods pursuant to the contract.

  • 779. Loading

(1) The sender shall load and place goods in a manner which is secure for carriage (loading). It is presumed that the sender will also unload the goods.

(2) The carrier shall ensure that the conditions exist for the safe loading and unloading of goods.

(3) The carrier may demand separate compensation (a demurrage charge) for the period of time when the goods are being loaded or unloaded only if so agreed or if the period of time for loading or unloading exceeds the period of time reasonably necessary therefor due to circumstances independent of the carrier.

  • 780. Accompanying documents

(1) Before delivery of the goods to the carrier, the sender shall place the documents which are necessary in order for customs clearance or other formalities to be conducted (accompanying documents) at the disposal of the carrier and shall also provide the carrier with information which is necessary therefor.

(2) The carrier shall compensate for any damage caused by the loss of or damage to the accompanying documents delivered to the carrier or by the incorrect use of these documents unless the loss of, damage to or incorrect use of the documents is caused by circumstances the occurrence or consequences of which could not have been avoided by the carrier. The liability of the carrier shall be limited to the sum of money payable thereby upon loss of the goods.

  • 781. Liability of sender

(1) The sender shall compensate the carrier for any damage caused and reimburse any expenses incurred due to:

1) insufficient packing or marking of the goods;

2) inaccurate or incomplete information in the consignment note;

3) failure to give notification of the danger related to dangerous goods, or giving notification which is incorrect or insufficient;

4) unsatisfactory loading of goods;

5) the absence, incompleteness or incorrectness of accompanying documents or information specified in subsection 780 (1) of this Act.

(2) The sender shall be liable in the cases specified in subsection (1) of this section, regardless of whether the violation of obligations by the sender is justifiable. If the sender is a consumer, the sender shall be liable in the cases specified in subsection (1) of this section only if the sender is culpable of violating an obligation.

  • 782. Cancellation of contract of carriage by sender

(1) The sender may cancel the contract of carriage at any time.

(2) If the sender cancels the contract of carriage without a fundamental breach of the contract on the part of the carrier, the carrier may demand payment of the carriage charge and demurrage charge and reimbursement of the expenses subject to compensation from which the amounts which the carrier saved, obtained or could have obtained due to termination of the contract are deducted.

(3) Instead of the claim provided for in subsection (2) of this section, the carrier may demand payment of one third of the agreed carriage charge.

(4) If the goods have already been loaded before cancellation of the contract, the carrier may demand instructions from the sender regarding further operations with the goods or the prompt unloading of the goods. If the carrier does not receive any instructions within a reasonable period of time, the carrier may take the measures specified in clauses 786 (4) 1) to 4) of this Act at the expense of the sender.

(5) If, in the case specified in subsection (4) of this section, the sender gives instructions to unload the goods, the carrier is required to unload the goods only if this is possible without damaging the economic activities of the carrier and goods of other senders or consignees.

(6) If the sender cancels the contract due to a breach of the contract by the carrier, the carrier shall promptly unload the goods at the expense of the carrier.

  • 783. Partial load

(1) If only a part of the agreed load is loaded, the sender may demand at any time that the carrier commence carriage of the loaded goods.

(2) In the case specified in subsection (1) of this section, the carrier may demand payment of the full carriage charge and demurrage charge and the reimbursement of expenses related to the fact that the load is only a partial load. However, a carriage charge for goods which are carried by the carrier instead of the unloaded part of the load and using the same means of transport shall be deducted from the carriage charge.

(3) In the case specified in subsection (1) of this section, the carrier may demand additional security for the carriage charge, demurrage charge and expenses subject to reimbursement if the payment thereof is not sufficiently secured with the right of security and other security specified in § 803 of this Act due to the fact that the load is only a partial load.

(4) If the fact that only a part of the full load is loaded is caused by circumstances dependent on the carrier, the carrier may only demand payment of the carriage charge in respect of the proportion of the load which is actually carried.

  • 784. Rights of carrier in event of exceeding reasonable time limit for loading

(1) If the sender fails to load goods within a reasonable time limit for loading or if the sender is not required to load the goods and fails to deliver the goods to the carrier within a reasonable time limit, the carrier may grant the sender an additional reasonable term to load or deliver the goods and shall notify the sender that the carrier will not wait for the goods to be loaded or delivered after expiry of the term.

(2) If the goods are not loaded or are not delivered to the carrier within the additional term provided for in subsection (1) of this section, the carrier may cancel the contract and submit the claims specified in subsections 782 (2) and (3) of this Act.

(3) If only a part of the load has been loaded or delivered to the carrier by the end of the additional term provided for in subsection (1) of this section, the carrier may commence carriage of the partial load and submit the claims specified in subsections 783 (2) and (3) of this Act.

(4) The carrier does not have the rights specified in subsections (1) to (3) of this section if the reasonable time limit for loading is exceeded due to circumstances dependent on the carrier.

  • 785. Instructions regarding goods

(1) The sender of goods has the right to give instructions regarding operations with the goods also after entry into the contract of carriage. The sender may in particular give instructions that the carrier should not carry the goods any further or that the carrier should transport the goods to another destination or another place of delivery or to another consignee.

(2) The carrier shall carry out any instructions specified in subsection (1) of this section only in so far as carrying out the instructions will not bring about harmful consequences for the economic activities of the carrier or for the senders or consignees of other goods carried by the carrier. The carrier may demand that the sender reimburse the expenses related to carrying out such instructions and pay an additional reasonable carriage charge. The carrier may demand a reasonable advance payment in order to carry out the instructions.

(3) If the consignment note signed by the sender and the carrier sets out that instructions regarding the goods may be given only if the first copy of the consignment note is produced, the carrier may carry out the instructions only if the first copy of the consignment note is submitted to the carrier.

(4) Upon arrival of the goods at the place of delivery or upon the handing over of the copy of the consignment note specified in subsection (3) of this section to the consignee, the right to give instructions regarding the goods transfers to the consignee.

(5) If the consignee, pursuant to the provisions of subsection (4) of this section, instructs the carrier to transport the goods to another person, this person does not have the right to designate a new consignee in turn.

(6) The carrier shall promptly notify the person who gives instructions to the carrier of any failure to carry out the instructions.

(7) If instructions are given by a person who is not entitled to do so and if the obligation to carry out the instructions is dependent on the first copy of the consignment note being produced but the carrier carries out the instructions without having received the first copy of the consignment note, the carrier shall compensate the person entitled to give instructions for any damage arising therefrom even if the damage caused is justifiable. In such case, the provisions concerning restrictions on the liability of the carrier do not apply.

(8) Any agreement which precludes or restricts the obligation of a carrier to compensate for damage caused to a person entitled to give instructions in the case specified in subsection (7) of this section does not apply to the person who receives the first copy of the consignment note.

  • 786. Circumstances preventing carriage or delivery

(1) If it becomes evident before the goods arrive at the place designated for delivery that carriage cannot be completed as prescribed in the contract or if it becomes evident after the goods arrive at the place designated for delivery that the goods cannot be delivered, the carrier shall ask the person entitled to give instructions for instructions regarding further operations with the goods. If the consignee is entitled to give instructions but the consignee cannot be identified or if the consignee refuses to accept the goods, the sender may give instructions without being obliged to produce the first copy of the consignment note.

(2) If circumstances preventing carriage or delivery arise after the consignee gives instructions to transport goods to another person, the consignee has the rights of a sender specified in subsection (1) of this section and the other person has the rights of the consignee.

(3) The carrier may demand reimbursement of any expenses related to carrying out instructions specified in subsection (1) of this section and payment of a reasonable carriage charge, unless the circumstances preventing carriage or delivery arise due to circumstances dependent on the carrier. The carrier may demand a reasonable advance payment for carrying out the instructions.

(4) If circumstances preventing carriage or delivery arise and the carrier does not receive instructions within a reasonable period of time or if the carrier may refuse to carry out the instructions pursuant to the provisions of subsection 785 (2) of this Act, the carrier shall take reasonable measures in the interests of the person entitled to give instructions. According to the circumstances, the carrier may, in particular:

1) unload and store the goods, or entrust the goods to a third party at the expense of the person entitled to give instructions regarding the goods in which case the carrier shall be liable only for the choice of the third party;

2) transport the goods back;

3) sell the goods pursuant to the provisions of subsections 125 (3) to (6) of this Act if the goods are highly perishable or if their condition warrants such a course or if in the event of taking other measures, the expenses incurred would be out of proportion to the value of the goods;

4) destroy the goods if they are unfit for sale.

(5) Upon the taking of measures specified in subsection (4) of this section, the obligations of the carrier arising from the contract shall terminate.

(6) The carrier may demand reimbursement of the expenses which it is necessary to incur in relation to measures specified in subsection (4) of this section being taken and may demand payment of a reasonable charge, unless the circumstances preventing carriage or delivery arise due to circumstances dependent on the carrier.

  • 787. Payment of charges

(1) A carriage charge and a demurrage charge shall be paid to the carrier upon delivery of the goods to the consignee. In addition to the carriage charge and demurrage charge, the carrier may demand reimbursement of the expenses which the carrier incurred in relation to the goods and which the carrier might have considered reasonably necessary according to the circumstances. The carrier shall not demand the reimbursement of such expenses which normally arise upon performance of a contract of carriage or which the carrier would also have incurred without entering into the contract of carriage.

(2) If carriage cannot be completed as prescribed in the contract due to circumstances preventing carriage or delivery, the carrier may demand payment of a carriage charge and reimbursement of expenses which correspond to the distance covered. If the circumstances preventing carriage or delivery arise due to circumstances dependent on the carrier, the carrier may demand payment of the carriage charge and reimbursement of expenses only in so far as the sender is interested in the carriage.

(3) If the size of the carriage charge is agreed based on the number or weight of goods or on the quantity of goods in any other way, it is presumed upon calculation of the carriage charge that the information in the consignment note or bill of lading is correct. This also applies if the carrier has made a reservation in respect of such information which the carrier then justifies by claiming that the carrier did not have any reasonable means to verify the correctness of the information.

  • 788. Rights of consignee and obligation of consignee to pay

(1) After arrival of the goods at the place of delivery, the consignee may demand that the carrier deliver the goods in exchange for performance of the obligations arising from the contract of carriage.

(2) A consignee who submits a claim specified in subsection (1) of this section shall pay the following to the carrier:

1) the carriage charge due up to the amount set out in the consignment note or

2) the carriage charge agreed with the consignee or

3) the carriage charge agreed with the sender to the extent where it does not exceed a reasonable carriage charge for the carriage, if the consignment note is not issued or is not presented to the consignee or if the consignment note does not set out the size of the carriage charge.

(3) In the case specified in subsection (1) of this section, the consignee, in addition to the carriage charge, is required to pay the carrier a demurrage charge for exceeding the time limit for loading or unloading if the consignee is informed of the size of the demurrage charge due upon delivery of the goods.

(4) In the event of damage to, a delay in the delivery of or the loss of the goods, the consignee may submit claims arising from the contract of carriage in the name of the consignee and against the carrier, and the sender shall also retain the right to make such claims.

(5) The provisions of subsections (1) to (4) of this section do not preclude or limit the sender’s obligations to the carrier arising from the contract of carriage.

  • 789. “Cash on delivery” charge

(1) If the parties to a contract of carriage have agreed that the goods are to be delivered to the consignee only against payment of a “cash on delivery” charge, the “cash on delivery” charge is presumed to be subject to immediate payment.

(2) If the parties agree that the goods are to be delivered to the consignee only against payment of a “cash on delivery” charge but the carrier delivers the goods to the consignee without collecting the “cash on delivery” charge, the carrier shall compensate the sender for any damage arising therefrom to the extent of the “cash on delivery” charge. Damage shall also be compensated for if violation by the carrier of the obligation to collect the “cash on delivery” charge is justifiable.

(3) Any “cash on delivery” charge which is received is not part of the bankruptcy estate of a carrier and the obligees of the carrier cannot make a claim for payment thereon against the carrier in execution proceedings.

  • 790. Time limit for carriage

The carrier shall deliver the goods within the agreed time limit or, in the absence of an agreement, within a time limit which can be reasonably expected of a diligent carrier having regard to the circumstances of the case (time limit).

  • 791. Loss and recovery of goods

(1) The consignee or sender may treat the goods as lost if the goods are not delivered within the time limit or within a subsequent period of time of equal duration, but not within less than four days or, in the case of international carriage, 30 days.

(2) If a time limit is not agreed upon, the consignee or sender may treat the goods as lost if the goods are not delivered within 60 days as of delivery of the goods to the carrier.

(3) If the consignee or sender receives compensation from the carrier for the loss of the goods, the consignee or sender may, upon receipt of the compensation, demand to be notified immediately by the carrier should the goods be recovered.

(4) Within one month after receipt of a notice concerning recovery of the goods, the consignee or sender may demand the goods to be delivered thereto against refund of the compensation. If, in addition to compensation for the value of the goods, the compensation also includes the expenses related to the carriage of the loss of the goods, such expenses shall be deducted from the compensation to be refunded.

(5) The provisions of subsection (4) of this section do not preclude or restrict submission of a claim against a carrier for compensation for damage caused by exceeding a time limit.

(6) If the goods are recovered after compensation has been paid and the consignee or sender did not demand notification of recovery or does not submit a claim after receipt of the notice, the carrier may deal with the goods at the discretion thereof.

  • 792. Liability for loss of or damage to goods or for exceeding time limit

(1) The carrier shall be liable for any damage caused by exceeding the time limit and for any damage caused due to the loss of or damage to the goods between the time the goods are accepted for carriage and the time they are delivered.

(2) If the behaviour of the consignee or sender or the specific defects of the goods contribute to damage being caused, the obligation to compensate and the amount of compensation shall depend on the extent to which these circumstances contribute to the damage being caused.

  • 793. Release from liability

(1) The carrier shall not be liable for damage which is caused due to loss of or damage to the goods or a time limit being exceeded if the loss or damage is caused or the time limit is exceeded due to force majeure. The carrier shall not be released from liability by reason of the defective condition of the vehicle used for the carriage unless the sender provided the carrier with the vehicle.

(2) The carrier shall not be liable for the loss of or damage to the goods or for exceeding a time limit when this arises from the special risks inherent in one or more of the following circumstances:

1) use of open unsheeted vehicles when their use has been expressly agreed;

2) the lack of or defective condition of packing of the goods by the sender;

3) loading or unloading of the goods, and other operations with the goods by the sender or consignee and the giving of instructions regarding operations with the goods;

4) the nature of the goods which particularly exposes them to loss or damage, especially through breakage, functional failure, rust, decay, desiccation, leakage or normal wastage;

5) insufficiency or inadequacy of marks or numbers on the packages;

6) the carriage of livestock.

(3) If the carrier establishes that one of the circumstances specified in subsection (2) 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. This does not apply in the event of the circumstance specified in clause (2) 1) of this section if the damage is unusually large or a package of goods has been lost.

(4) If, pursuant to the contract of carriage, the carrier is required to protect the goods from the effects of heat, cold, humidity and shaking and from other effects, the carrier is only entitled to claim the benefit of clause (2) 4) of this section if the carrier proves that all steps incumbent on the carrier in the circumstances, in particular with respect to the choice, maintenance and use of such equipment, were taken and that the carrier carried out any instructions issued thereto for the protection of the goods.

(5) The carrier shall only be entitled to claim the benefit of clause (2) 6) 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 regarding operations with the goods.

  • 794. Compensation for value of goods

(1) In the event of the total or partial loss of the goods, the carrier shall compensate for the value of the totally or partially lost goods. The value of the goods at the place and time at which they are accepted for carriage is deemed to be the value of goods.

(2) In the event of damage to the goods, the carrier shall compensate for the difference between the value of the goods in their undamaged and damaged form. The value of undamaged goods at the place and time at which they are accepted for carriage is deemed to be the value of undamaged goods. The value which goods would have had at the place and time at which they were to be accepted for carriage is deemed to be the value of damaged goods.

(3) In the event of the loss of or damage to the goods, the carrier shall also bear the expenses related to determining the damage.

(4) If the goods are sold directly before being accepted for carriage, the purchase price from which the costs of carriage are deducted is deemed to be the value of the goods.

(5) Compensation for damage other than that specified in subsections (1) to (4) of this section shall not be demanded from the carrier upon loss of or damage to the goods.

  • 795. Limitation of liability

(1) Compensation payable pursuant to § 794 of this Act for the total or partial loss of or damage to goods is limited to 8.33 SDR (Special Drawing Rights) per kilogram of gross weight of the totally or partially lost or damaged goods.

(2) If, due to the loss of or damage to single packages, all the goods or part of the goods have become worthless, the limitation of liability of the carrier shall be calculated on the basis of the gross weight of all the goods or those goods which have become worthless.

(3) The Special Drawing Right (SDR) shall be converted into euros according to the value of the euro in terms of SDRs on the date on which the goods are accepted for carriage or on any other date agreed by the parties. The value of the euro in terms of SDRs shall be calculated pursuant to the method of calculation used by the International Monetary Fund for its operations and procedures on the same date.

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

(4) The liability of the carrier for exceeding a time limit shall be limited to three times the carriage charge.

  • 796. Compensation for other expenses

(1) If the carrier is liable for the loss of or damage to the goods, the carrier shall, in addition to compensation payable pursuant to § 794 of this Act, also compensate for the carriage charge and demurrage charge already paid and for other charges and fees paid to the carrier. In the event of damage to the goods, the extent of the obligation to compensate shall be determined on the basis of the proportion of the value of the undamaged and damaged goods calculated pursuant to subsection 794 (2) of this Act.

(2) A carrier need not compensate for expenses not specified in subsection (1) of this section.

  • 797. Claims not arising from contract

(1) The limitations on the liability of the carrier prescribed in this Division also apply to the claims of the sender or consignee against the carrier arising from loss of or damage to the goods or from a time limit being exceeded if these claims do not arise from the contract of carriage, and particularly to claims arising from the causing of unlawful damage, negotiorum gestio and unjustified enrichment.

(2) The provisions of subsection (1) of this section do not apply to the claims of a third party arising from loss of or damage to the goods if the third party to whom the carried goods belong did not agree to the carriage and the carrier knew or should have known that the sender did not have the right to send the goods.

  • 798. Non-applicability of limitations on liability

The limitations on liability provided for in this Division do not apply if the carrier causes damage intentionally or through gross negligence.

  • 799. Liability of employee

If a claim arising from loss of or damage to goods or a time limit being exceeded is submitted against an employee of a carrier or against another person for whom the carrier is responsible, the employee or other person may also rely on the limitations on liability prescribed in this Division and the contract of carriage unless the damage is caused by the employee or other person intentionally or through gross negligence.

  • 800. Liability of carrier and actual carrier

(1) If the goods are wholly or partially carried by another person (the actual carrier), the actual carrier shall be liable for any damage caused by loss of or damage to the goods or a time limit being exceeded in the same manner as the carrier if the damage is caused during a period when the goods are being carried by the actual carrier. An agreement between the carrier and the sender or consignee regarding extension of the liability of the carrier applies to the actual carrier only if the actual carrier has agreed thereto in a format which can be reproduced in writing.

(2) The actual carrier may present the same objections against a claim submitted against the actual carrier as may be presented by the carrier.

(3) The carrier and the actual carrier shall be liable as solidary obligors.

(4) If a claim is submitted against an employee of the actual carrier or against another person for whom the actual carrier is responsible, the provisions of § 799 of this Act also apply to them.

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

  • 801. Notification of damage

(1) If damage to or the partial loss of the goods is apparent upon external inspection but the consignee accepts the goods and the consignee or sender fails to notify the carrier of the loss of or damage to the goods upon delivery of the goods to the consignee at the latest, the goods are deemed to have been delivered in a condition prescribed in the contract.

(2) If, upon their delivery, the damage to or partial loss of the goods is not apparent to the consignee of the goods upon external inspection, the goods are deemed to have been delivered in a condition prescribed in the contract if the consignee or sender fails to notify the carrier of the loss or damage within seven days as of the delivery of the goods to the consignee.

(3) If the consignee or sender notifies the carrier of the loss of or damage to the goods, the consignee or sender shall provide a general description of the extent of the loss or damage.

(4) A claim arising from a time limit being exceeded shall not be submitted if the consignee fails to notify the carrier of the time limit having been exceeded within 21 days as of the delivery of the goods to the consignee.

(5) If a notice is submitted upon delivery of the goods, it may be submitted in any form. If the notice is submitted after delivery of the goods, it shall be submitted in a format which can be reproduced in writing. The notice is deemed to have been submitted on time if it is sent within a term specified in subsection (2) or (4) of this section.

(6) If a notice regarding loss of or damage to the goods or a time limit having been exceeded is submitted upon delivery of the goods, it shall be sufficient to notify the person who delivers the goods.

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

  • 802. Expiry of claims

(1) The limitation period for claims arising from carriage provided for in this Division shall be one year. The limitation period for claims for compensation for damage caused intentionally or through gross negligence shall be three years.

(2) The limitation period for claims specified in subsection (1) of this section shall commence upon delivery of the goods. If the goods are not delivered, the limitation period shall commence on the date when the goods should have been delivered. If the time of delivery of the goods has not been agreed, the limitation period shall commence when 60 days have passed from acceptance of the goods for carriage.

(3) If a person obligated to satisfy a claim arising from carriage can demand compensation for that which was delivered from another person in order for the claim to be satisfied, the limitation period for the person’s claim for compensation shall commence as of satisfaction of the claim arising from carriage or as of the entry into force of a court decision regarding the carriage. The provisions of this subsection do not apply if the person against whom the claim for compensation is submitted is not notified of the damage within three months as of the time when the person entitled to exercise the right of recourse became aware or should have become aware of the damage and of the person obligated to fulfil the claim pursuant to the right of recourse.

[RT I 2008, 59, 330 – entry into force 01.01.2009]

(4) If the sender or consignee makes an application in a format which can be reproduced in writing by which the sender or consignee submits a claim for compensation for damage, the limitation period for a claim against the carrier shall be suspended until such time as the carrier rejects satisfaction of the claim in a format which can be reproduced in writing. Submission of the same claim for compensation in a new application shall not suspend the limitation period anew.

(5) A limitation period shall not be extended or shortened under standard terms.

  • 803. Right of security

(1) The carrier has the right of security on goods together with the accompanying documents in order to secure all claims arising from the contract of carriage and claims arising from earlier contracts of carriage, forwarding contracts and storage contracts entered into with the sender.

(2) The right of security continues until the goods are in the possession of the carrier, above all until the carrier is able to dispose of the goods on the basis of a bill of lading or a warehouse receipt. The right of security continues after delivery of the goods if the carrier files an action arising therefrom within three days after delivery of the goods and if the goods are still in the possession of the consignee.

(3) Notices regarding the sale of a pledged thing specified in § 293 and subsection 294 (2) of the Law of Property Act shall be submitted to the consignee. If the consignee cannot be identified or if the consignee refuses to accept the goods, the notices shall be submitted to the sender.

  • 804. Successive carriage

If several carriers participate in carriage and the carriers agree that the last carrier will collect the claims of the previous carriers, the last carrier shall exercise the rights of the previous carriers, particularly the right of security. The right of security of each previous carrier continues until extinction of the right of security of the last carrier. If a successive carrier satisfies a claim of a previous carrier, the right of security and the claim of the carrier shall be transferred to the carrier who satisfies the claim.

  • 805. Rankings of several rights of security

(1) If the goods are encumbered with several rights of security arising from law in favour of a broker, carrier, forwarding agent or depositary, the right of security arising from the carriage of the goods after carriage shall be privileged in respect of the right of security which arose earlier from the same legal bases.

(2) The rights of security arising from carriage of the goods shall be privileged in respect of the rights of security of a broker or depositary which do not arise from sending or carrying the goods and in respect of the rights of security of a forwarding agent or carrier which secure advance payments.

  • 806. Bill of lading

(1) The carrier may issue a document signed thereby concerning the goods which grants the legal possessor of the document the right to demand delivery of the goods by the carrier (a bill of lading). A bill of lading is a document of title. A bill of lading shall contain the information specified in subsection 775 (1) of this Act. The signature of the carrier may be replaced by a clip-mark.

(2) The rights and obligations of the carrier and the consignee shall be determined pursuant to the bill of lading. The consignment note shall prevail in the relationship between the carrier and sender even if a bill of lading has been issued.

(3) If the carrier has accepted the goods for carriage, the delivery of a bill of lading to a person who is entitled to receive the goods pursuant to the bill of lading has the same meaning as transfer of the possession of the goods.

(4) Upon issue of a bill of lading, the goods are presumed to have been accepted by the carrier as described in the bill of lading, unless the carrier has entered a reasoned reservation in the bill of lading. The carrier may justify the reservation by the fact that the carrier does not have reasonable means at the disposal thereof to check the accuracy of information.

(5) If the carrier has checked the gross weight of the goods or other information concerning the quantity of the goods or if the content of the goods and the results of the checks have been entered in a bill of lading signed by both parties, the weight, quantity and content of the goods are presumed to conform to the information in the bill of lading.

(6) Upon delivery of a bill of lading to a third party, the carrier shall not rely on the fact that the information set out in the bill of lading and specified in subsections (3) and (4) of this section is incorrect, unless the third party knew or should have known that the information set out in the bill of lading was incorrect upon receipt of the bill of lading.

  • 807. Delivery of goods in exchange for return of bill of lading

If a bill of lading has been issued, the carrier is required deliver the goods only if the bill of lading, together with a notation concerning the fact that delivery has been taken of the goods, is returned to the carrier in exchange for delivery.

  • 808. Right to demand delivery of goods on basis of bill of lading

(1) The person to whom the goods shall be delivered pursuant to a bill of lading has the right to receive the goods.

(2) The person who is entitled to receive the goods has the right to give instructions pursuant to the provisions of § 785 of this Act. If the person who is entitled to receive the goods gives instructions to return the goods or to deliver the goods to a person other than the consignee set out in the bill of lading, the carrier may carry out the instructions only if the bill of lading is returned to the carrier.

  • 809. Mandatory nature of provisions

(1) Any agreement which derogates from the provisions of subsection 780 (2), § 781, subsection 785 (7), subsection 789 (2) and §§ 792 to 802 of this Act to the detriment of a sender who is a consumer is void unless the objects of a contract of carriage are letters or consignments similar to letters.

(2) Any agreement contained in the standard terms which derogates from the provisions of subsection (1) of this section is also void if the parties to a contract of carriage entered into the contract in their economic or professional activities unless the objects of the contract of carriage are letters or consignments similar to letters.

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