In which conditions are the liability limitations adopted if cargo loss or damages occur during the Multi-Model transportation?
Different liability limitations may be applied to different sectors of the whole transportation. The operator shall be liable for cargo loss, damage or delay in delivery in accordance with the rules and regulations in that particular sector with respect to liability limitation. In the event that it is not possible to ascertain during which sector cargo loss or damage has occurred, the operator shall be entitled to the liability limitation provided for in CMC if sea transportation is involved. The operator will be entitled to liability limitation without regard to whether the law suit has been brought about by contract, tort or otherwise. However, the operator will not be able to rely on liability limitation if it can be proved that cargo loss, damage or delay in delivery has been caused as a result of the willful misconduct or reckless conduct on part of the operator.
Back
