Incorrect data in a transport order can cause significant problems for the carrier and sometimes even prevent the execution of the order. Who bears responsibility in this situation, and what are the consequences?
A transport order is a fundamental element in transportation.
Ensuring the correct completion of transport orders is essential for effective and safe handling of goods transport.
➡️ It is the basis for effective and safe transport.
➡️ It helps reduce the risk of misunderstandings between the parties involved.
➡️ It constitutes the starting point for enforcing the contract between the sender and the carrier.
Who is responsible for incorrect indications of the location in the order? How should one proceed in such a case? Does the carrier have the right to compensation for an unnecessary route?
If the goods were correctly loaded, but the actual unloading location differs from the one specified in the order - it's the sender's fault.
The carrier should first contact the principal and receive instructions on what to do. Acting on their own is not advisable, as if the driver transports the goods to a substitute warehouse without prior arrangements and confirmation from the client, they cannot claim compensation for the storage costs of the shipment.
According to Article 14, Paragraph 1 of the CMR Convention
The driver’s obligation is that if, for any reason, the execution of the transport contract on the terms given in the consignment note is or becomes impossible before the arrival of the goods at the place designated for their delivery, the carrier is required to request instructions from the person entitled to dispose of the goods.
Instructions issued by the authorized person:
➡️ Cannot lead to the division of the shipment,
➡️ Cannot delay or hinder the delivery of other shipments,
➡️ Should be feasible.
What if there is no contact with the sender of the shipment who is authorized to dispose of the goods?
➡️ The carrier should act following the CMR Convention.
According to Article 14, Paragraph 2 of the CMR Convention, if circumstances allow for the performance of the transport on terms different from those provided in the consignment note, and the carrier has not obtained instructions from the authorized person in a sufficiently short time, they should take measures that seem best in the interest of the person entitled to dispose of the goods. Such an action may be, for example, unloading into a substitute warehouse.
Reimbursement of Costs for Damages and Expenses Incurred
According to Article 16, Paragraph 1 of the CMR Convention, the carrier has the right to reimbursement of costs. Still, it does not specify the method or timing of remuneration.
What does the remuneration include?
➡️ Among other things, the lost profit because of following instructions and neglecting other services.
It is worth noting that to claim compensation for lost profit, the carrier must provide evidence.
The CMR Convention does not define whether the carrier can claim additional remuneration when the transport route is extended by following instructions. However, it should be assumed that the driver has the right to demand both the remuneration that includes their profit and the reimbursement of costs incurred because of the sender’s mistake.
With incorrect data in the transport order, both the carrier and the sender have specific obligations.
Communication and cooperation between them are essential to address the problem effectively.
It is also important to comply with regulations, such as the CMR Convention, which defines the rights and obligations of the parties in the event of unforeseen circumstances. Proper procedures and correct interpretation of regulations can minimize the risk of disputes and ensure a fair resolution for all parties involved.
Comments