The carriage of goods is not always so, as has been planned. There are unforeseen situations, where the carrier has the right, and the time required to independently decide on the fate of the cargo. Improper behavior of the carrier in such cases can lead to liability.
What is preventing carriage?
The practice of transport activity shows, that, in principle, unlimited directory causes, that may hinder the transport of. Drawing up a list of closed cases is not possible, nor desirable. It is sufficient therefore to adopt, that obstacle in the carriage is any event, which makes the contract of carriage in accordance with its original terms, including the withdrawal of a recipient at the destination.
The most common obstacles are the situations, when it comes to damage to transport it from proceeding further negative, If the goods require reloading, which the carrier is unable to provide or where difficult or impossible to release the consignment the consignee indicated in the consignment. The latter category also includes cases, where the recipient refuses to receive the consignment delivered.
What can and should do in such situations, the carrier? The answer depends on the traditional, whether the transport is carried out from a national or international.
Tips sender in the consignment
Polish transport law w art. 55 paragraph. 1 provides, that consignor in the consignment may post instructions for the handling of delivery in case of obstacles in transportation resulting in the inability to perform the contract under the terms of the consignment note or prevent the release of causing the inability to release the consignment at the destination recipient specified in the consignment. Important, that to be effective instructions should be included in the text of the bill of lading - is insufficient to placing such. transport in order.
Prior to lay down detailed guidelines, as is to keep the carrier in the event of unusual circumstances, can be beneficial and could save time, allows carriers to immediately make the right decision. Choosing to do this, however, relatively few broadcasters.
Instructions for ad hoc
What is the carrier to do so, which has not been given adequate instructions? His primary duty is to asking for directions to the sender - That is the subject, who commissioned him to carry, and not necessarily the, which performed the loading. This is not the case, the right to dispose of the consignment to the recipient had already (according to art. 53 paragraph. 4 pr. wire.) - The carrier of the instructions should apply to the recipient.
Then shall act in accordance with these instructions. The exception is, between the occurrence of the instructions, impediment to receipt of carriage will be removed. In this case, the carrier must notify the person authorized to liquidate the obstacle and continue the carriage of the original principles.
Reimbursement
If an instance of the obstacles was not caused by the carrier, the carrier is entitled to reimbursement of expenses incurred in the implementation of the sender's instructions, in particular, to increase the transportable if increased transit route. Moreover, the increased time, in which the supply should be made accordingly to increase the transport route.
Taking into account, that the carrier's liability for delay or damage shipment is in principle independent of the fault, may therefore lead to a paradoxical situation, in which the carrier will be reimbursed the cost of execution of the instruction – it will not be held guilty for the occurrence of obstacles – but it shall be responsible for damage caused by the obstruction, because the obstacle will be located within the carrier for the risk.
No instructions
In the days of the Internet and the widespread use of mobile phones such situations are rare, but it still could happen, of the carrier, despite instructions to the person entitled does not receive their, or received instructions are not suitable for implementation. In this case, the carrier is obliged to make the liquidation of the consignment.
Disposal should take place also in case of loss of shipping documents and the impossibility to determine the person entitled to dispose of the consignment. Such situations, however, in practice, in principle, there are no.
Liquidation of the carrier is required to be carried out immediately after the delivery date, if the subject of transport live animals, things dangerous or perishable. In other cases, the liquidation may take place after 30 days from the date of receipt of package, but not earlier than after 10 days from the date give notice of the proposed liquidation of the consignment. In the latter case, however, the liquidation may be pre-, if it is not possible to store the goods, or storage is a cost too high relative to the value of the consignment.
The basic method of shipment is the liquidation sale. If this is not possible, It shall be free of the relevant organizational unit, and ultimately made its destruction. The method of liquidation and the value of the consignment decided by a commission appointed by the carrier. The legislation does not contain guidance as to the mode selection committee and its composition, So it depends solely on the will of the carrier. If the price of shipping is not clear from the documents attached to it, value of the shipment shall be as estimated, if necessary, with the participation of experts.
The amount obtained from the sale of the carrier may deduct its charges, and if the amount is not sufficient to cover them, difference covers the person entitled.
The liability of the carrier
The law does not include traffic control on the carrier's liability for breach of the provisions of the obstacles in the transport and disposal shipments. In this respect it used general principles of liability provided for in the Civil Code. If, however, as a result of improper performance by the carrier / the duties of the damage occurs in shipment or damage arising from delay in the carriage, liability of the carrier will be shaped according to the provisions of traffic rights, that is, on the basis of risk.
