A few words about the declaration of value of the consignment

Provided for in law and international conventions transport transport calculation of damages, and limits to the amount in many cases can have serious adverse consequences for the victim. For this reason, we look at the value of the shipment declarations institutions that improve the legal situation of the contractor of the carrier.

In the previous entry Fri. „How is the compensation for road transport"Are often presented as a formal means of determining the compensation payable by the carrier, at times can lead to a situation, the damage suffered by the injured person be compensated only slightly. Given the absolute nature of the transport law and the consequent lack of other rules regulating contractual liability of the carrier, for many types of mail transport them to the general rules would involve too high risk. Thus, the national legislature and the convention governing the international transport of individual modes of transport have introduced solutions to better protect the person who ordered the carriage.

Transport Law

Polish transport law in art. 40 paragraph. 1 provides, that the sender can declare the value of goods carried in the consignment, provided that this value is not apparent from the account either the seller or supplier of the price for. If there is a bill or declaration of value of the price list of things does not produce any legal effect. Unfortunately, as with the determination of damages based on the art. 80 paragraph. 1 pr. wire. no clear answer in the doctrine, whether it is solely for the bill attached to the consignment, whose content is known carrier, or can refer to a bill passed to the buyer in any other way.

Declaration of the sender's entitlement, not the obligation, hence it does not have the right to have the sender. The carrier may also oppose the execution of this statement in the text of the bill of lading or claim on this account additional compensation, However, there is the possibility of making the relevant reservations, if you do not agree with the value declared by the sender, which in turn may lead to the explore the value of things by a property at the request of the sender.

It should be emphasized, that the declaration must be found in the body of the bill of lading. For if even the value of the goods will be included in the contract of carriage, but will not be entered in the consignment note, this declaration will be ineffective, although it may be subsequently used by the victim as one of the proofs necessary to establish the real value of shipments (Still, the victim will have to prove its value).

Effective declaration has significant consequences - in the result is a presumption, that the value of goods carried is consistent with the declaration. It should be remembered, that this presumption may be rebutted by the carrier using all available evidence. Hence, they are wrong sometimes emerging views, declaring that the value of the shipment allows for consideration of the particular value of the consignment to the person. Compensation still may exceed the normal value of the consignment, a demonstration by the carrier, in fact, that the shipment is worth less than the declared, will lead to the rejection of claims of the victim in this regard.

On this occasion it is worth mentioning, that in some cases, the declaration of value of the consignment will be not only a means to improve the situation of the sender, but actually will form the basis of any liability of the carrier for damage in shipment. According to the art. 788 § 3 k.c. carrier is not liable for loss, loss of or damage to money, jewelry, securities or things particularly valuable, if the characteristics of the consignment were not known to him at the conclusion of the contract, unless the damage resulted from willful misconduct or gross negligence of the carrier. The sender of the carriage in / on things they should so indicate at least an estimate of the carrier, although in this situation may occur in any form, and not only in the content of the consignment note.

CMR Convention

A different matter is the declaration of the value of the goods in transportation subject to the CMR Convention. In contrast to the transport law in the Convention, the main problem is not affected formalism quantification of damages but limit the amount of at 8,33 SDR per kilogram of gross weight. Art. 24 Convention however, allows the sender to declare in the consignment fee for the agreed value of goods exceeding the limit cited above.

To be effective, the declaration must be met two fundamental conditions. First, it must be included in the bill of lading - as in the case of traffic rights beyond the letter of the declaration shall not take effect. Secondly - unlike the transport law – placing the declaration by the sender has to be agreed with the carrier, a carrier of this title entitled to extra compensation.

This second requirement is justified by the fact, that the declaration of the value of the CMR Convention produces much further reaching consequences than the transport law, in which the carrier may always prove, that the value of the shipment, however, is lower than the declared. The Convention declaration replaces the compensation limit, often in a very large extent increases the risk of the carrier.

When it should be emphasized, unless a lack of consent of the carrier to put the declaration on the consignment will result in the invalidity, so far no additional compensation arrangements, or its collection by the carrier have such negative effects will not lead.

Unlike transport law declaration of value in the Convention does not create a presumption, that the value of the shipment is in accordance with the Declaration of. The victim still has to prove, what is the actual amount of damages, and the amount contained in the declaration represents only the upper limit of liability of carrier.

The COTIF / CIM

In a very similar way to a declaration of value of the consignment is covered in Annex B to COTIF agreement governing the international carriage of goods by rail (CIM). According to art. 34 CIM placement of such a declaration on the consignment requires the consent of the carrier, but no mention is here already pay an additional. But the effects are basically the same, because usually in return for agreement to the carrier declaration requests a surcharge.

As in the CMR Convention replaces the declared amount of compensation limit provided for in the CIM (17 SDR Sat 1 wagi kg gross) and does not create a presumption of the value of the consignment, leaving to the victim's burden of showing its true value.

Air Conventions

Even more far-reaching consequences of the declaration of the causes of air in the conventions (called here the declaration of special interest in delivery) provided for in art. 22 paragraph. 2 a point of the Warsaw Convention i art. 22 paragraph. 3 Montreal Convention. This is because it combines the effects of the declaration provided for in the law of lading and CMR or CIM. On the one hand, the declaration removes limits on compensation (250 francs per 1 kg gross weight of the Warsaw Convention and 17 SDR Sat 1 kg gross weight in the Montreal Convention), the other establishes a presumption, interest in supplying that actually was in line with the amount insured and the carrier must prove, that the interest was less.

In addition, art. 25 Montreal Convention provides for an agreement between the carrier and shipper abolishing all limits of compensation.

Concluding Remarks

The regulations indicate, packages that broadcasters have the instruments, that reduce the risks associated with transport. Practice shows, however,, that very often they are used, although their use is not associated with specific difficulties.

If, however, some readers will find out the methods described above, should keep in mind another aspect of such declarations. The vast majority of insurance companies providing liability insurance carrier (OCP) as a rule, insurance does not cover damage above the limits specified in the applicable regulation. Declaring the value of the shipment must also be ensured, by the carrier consignment doubezpieczył – otherwise it will be full compensation can be claimed only from the assets of the carrier.