Herramientas

Coberturas generales obligatorias por daños en transporte

Means of Transport Maritime
International National
Contract of carriage – document B/L Bill of Lading Sea knowledge
Charter Party Contract Charter Contract
Legal regime Brussels Convention 1924 Protocol of Visby of 1958 Protocol of Brussels 1979 Law of maritime transport of 1948 Code of Commerce
Limit of compensation for breakdown / loss loss 666.67 SDR (*) per package or 2 SDR per kg of gross weight Value of merchandise as indicated on invoice
Limit of compensation for delay No established limit No established limit
Claim period Art 366 Coom Term of claim on delivery (apparent damage) 3 days (non-apparent damage) On delivery (apparent damage) 3 days (not apparent damage)
Prescription term One year from delivery One year from delivery
Means of transport Air
International National
Contract of carriage – document AWB Airwaybill Air knowledge
Legal status Warsaw Convention 1929, The Hague Protocol 1955, Montreal Protocol 1975 Air Navigation Act of 1960
Limit of compensation for breakdown / loss 17 SDR per kilo 17 SDR per kilo
Limit of compensation for delay 17 SDR per kilo Price of transport
Claim period 14 days for breakdowns 21 days from the provision of the goods – delay included 8 days for breakdowns 10 days in case of accidents – delay included
Prescription term two years from arrival to destination six months from the damage
Means of transport Road
International National
Contract of carriage – document International Porte Charter Letter of Carriage
Legal system Agreement C.M.R. of 1958 Protocol of 1978 L.O.T.T. (Land Transportation Ordinance Act of 1987) R.E.T.T. (Regulation of Land Transport 1990)
Limit of compensation for breakdown / loss 8.33 SDR per kilo 4.5 EU € per gross kilo
Limit of compensation for delay Price of transport when there is a date agreement – the day after. After 30 days; lost merchandise Price of transport when there is a pact of date – to the day after the date – to the later day or reasonable term
Claim period Upon delivery (apparent damage) 7 days from delivery (non-apparent damage) Delay; 21 days after delivery Art 366 Coom On delivery. 24 hours (apparent damage)
Prescription term one year from the date of delivery and three years in case of fraud one year from the delivery
Means of transport Railway
International National
Contract of carriage – document C.I.M. Letter of Carriage Railway Heel
Legal regime 1980 COTIF Convention Annex B: CIM L.O.T.T. (Land Transportation Ordinance Act of 1987) R.E.T.T. (Regulation of Land Transport 1990) Code of Commerce General Rate
Limit of compensation for breakdown / loss 17 SDR per kilo. In case of gross negligence of the carrier = 34 SDR per kilo 4.5 EU € per gross Kilo
Limit of compensation for delay Triple of the price of transport. In case of serious negligence of the carrier; double of the previous 4.5 EU € per gross Kilo
Claim period Upon delivery (apparent damages). 7 days (not apparent damage). 60 days from the provision of the goods Art 366 Coom To the delivery. 24 hours (apparent damage)
Period of prescription One year from the date of delivery. Two years in case of fraud or fraud. One year from delivery

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