The Concept of Carrier in Maritime and Its Liability According to Hague-Visby Rules

The carrier is the party that undertakes and makes a contract to transport cargo by seaway. The carrier is not expected to carry out the transport work himself.

What is Main Carrier-Sub Carrier?

If the carrier does not perform the carriage himself and leaves it to a third party, the third party who undertakes the carriage work in the carriage contract with the carrier becomes the main carrier, and the party that leaves the work to the third party becomes the sub-carrier.

The Concept of Actual Carrier-Contractual Carrier

In the carriage contract signed with the shipper, the party that performs the carriage itself is theactual carrier. The party that does not carry out the transportation work personally but transfers it partially or completely to someone else is the contractual carrier.

Responsibility of the Carrier according to The Hague Rules:

Hague-Visby Rules:

The Hague rules are the first international convention that aims to provide unity in determining the responsibility of the carrier for the transport of goods on bill of lading. According to the Hague-Visby rules, the responsibility of the carrier is contractual and imperative liability based on fault.

The Hague rules were amended with the Visby Rules accepted with the Brussels Protocol, but Turkey did not accept these changes, but this change had an effect on the legal legislation studies.

1- The Carrier’s Liability for Loss and Damage of Goods:

According to The Hague, ”carrier” of goods by seaway is responsible for the loss and damage of the goods, from the loading of the cargo to the discharge from the vessel. However, it should be evaluated according to the concrete case in terms of the type and characteristics of the load.

The carrier must make the ship suitable and sufficient for the cargo to be carried. However, if the ship’s ability to carry the cargo is lost due to reasons not caused by the carrier’s fault (force majeure, storm, etc.) during transportation, the liability may be avoided or limited.

2- The Carrier’s Responsibility for Dispatch and Administrative Failure:

The carrier may be relieved of liability for cargo damage arising from the faults of the seafarers regarding the ship’s shipping and technical management. However, the damages that may arise from the other technical management of the ship under the responsibility of the carrier (determination of positions and positions, radar tracking, etc.) are considered as the presence of the carrier’s fault in the technical management of the ship and cannot be exempted from responsibility.

3- The Carrier’s Liability in Case of Fire:

The carrier shall not be liable for any damage to the cargo if a fire occurs during transportation despite taking all necessary and adequate precautions for the transportation of the cargo.

4- Responsibility of the Carrier in case of deviation from the route:

The carrier shall not be liable for any damage that may arise from a change of course made for the purpose of saving life and property at sea or for any valid reason. If the reason for the deviation from the route was known before the conclusion of the contract of carriage, if it was made for the purpose of preparation for a later voyage or if it is not directly related to the concrete transport, the deviation from the route cannot be reasonable and therefore the carrier cannot be relieved of its responsibility.

5- Exemption Opportunities of the Carrier:

The Hague Rules Convention regulates the carrier’s release from liability. If the damage arising from the initial unsuitability of the ship is due to the failure of the carrier to show due care and attention while fulfilling its obligations, the carrier is not responsible for the aforementioned damages. The burden of proving the necessary care and responsibility belongs to the bearer.