The liability of the T.L.O for all carriage operations, in the meaning of Article 1, is limited to the liability incurred by the carriers used and agents and/or substituted parties in the framework of the transaction entrusted to them.
The T.L.O cannot be held liable if the carrier can disclaim its own personal liability in the event of either failure or damage incurred during direct or indirect transhipment of goods from one means of carriage to any other means, whether
land, sea, river or air.
In all cases where the T.L.O’s personal liability is incurred, for any reason and in any capacity, it shall be strictly limited to damages to the goods involved in the transport as a result of losses and damages, excluding all other damages and/or interest, without exceeding the amount provided for by international conventions and any laws, fees or regulations applicable to the shipment in question, or failing that and in any event, 23 euros per kilo with a maximum 686 euros per lost, damaged or stolen parcel, whatever the weight, volume, sizes or nature of the respective goods, and 0.03 euros per kilo for goods shipped in bulk, with a maximum 7,623 euros per shipment.
In the event of delay, the compensation owed by the Transport and/or Logistics Operator for damages proven to have resulted therefrom, cannot exceed the compensation due in the event of total loss of goods nor exceed the price of carriage, whichever is lowest.
All quotations are established based on the above-mentioned liability limitations. When the sender entrusts goods whose value exceeds the limits specified above, it is the instructing party’s responsibility to give orders for their insurance or assume the carriage risks for this excess value.
By either making a value declaration which, when set by the sender and accepted by the T.L.O, will raise the limits of liability for loss or damage to the amount of the insured value. Such a declaration of value shall result in an extra price.
Or by giving instructions to the T.L.O to insure carriage risks. Such instructions should be renewed for each transaction.
In no case may the compensation to be awarded exceed, in the above-mentioned limits, the justified real value of the goods.
Posted in: CGV-EN