HagueVisbyRegeln

The Hague-Visby Rules are an international set of amendments to the Hague Rules that govern the liability of carriers for loss, damage, or delay to goods carried by sea under bills of lading. They were adopted in 1968 in Brussels and later amended by a 1979 protocol, with the aim of modernizing and harmonizing the liability framework. The rules are implemented by many states into national law and apply to contracts of carriage governed by the law of a contracting state, unless the parties expressly exclude or modify them.

Scope and application: The rules apply to contracts of carriage by sea under a bill of lading or similar documents of title, covering shipments between ports in contracting states. They establish the duties of the carrier and the circumstances under which it may be held liable, while allowing certain defenses and exemptions. In many jurisdictions they operate as the default regime unless another regime is chosen by contract or by national law.

Key features: The carrier must exercise due diligence to make the vessel seaworthy, properly manned, equipped, and supplied, and to care for and preserve the goods carried. The rules set liability limits for loss or damage, typically expressed per package or per weight of the goods, with the limits tied to the Special Drawing Rights (SDR). They also provide defenses and exemptions, such as loss arising from inherent vice of the goods, misdelivery, insufficiency of packaging, or perils of the sea and other specified causes.

Impact and status: The Hague-Visby Rules remain a central framework for ocean-borne carriage in many jurisdictions, often shaping insurance requirements and commercial risk allocations. They coexist with other regimes, such as the Hamburg and Rotterdam Rules, and may be incorporated into contracts or modified by national law. See also Hague Rules, Hamburg Rules, Rotterdam Rules, and bills of lading.