What Is the Meaning of Contract of Carriage
In particular, the standardised contract of carriage, which is contained in all the General Conditions of the Carrier and referred to in the Carrier`s Conditions, establishes minimum standards for the carrier`s liability, for example in the event of loss or damage. The B/L acts as an acknowledgment of receipt between the cargo by the carrier. Once the B/L has been issued by the carrier, it serves as a receipt that the goods have been received by the carrier in accordance with the contract of carriage and that the goods have been received in good condition. In accordance with Article 1237/1 of the TCC, the bill of lading governs the legal relationship between the carrier and the holder of the bill of lading. This means that the third party holder of the bill of lading is bound only to the content of the bill of lading and that the conditions laid down in the carriage of contracts are not applicable to the holder of the bill of lading. On the other hand, the relationship between the carrier and the charterer is governed by the provisions of the contract of carriage. In a dispute under discussion, the Court of Cassation ruled that the provisions of the contract of carriage are not binding on the holder of B/L1, unless the contract of carriage is represented vis-à-vis the holder of B/L1. The subject matter of the dispute arose from goods damaged during maritime transport. The consignee, as the holder of the B/L, brought an action against the carrier in the Turkish courts for compensation for the damage caused to the goods. The carrier argued that the claim should be dismissed because the arbitration clause of the contract of carriage between the shipper and the carrier, as well as the provisions of the contract of carriage, were binding on the holder of the B/L, since the B/L referred to the provisions of the charter. The trial court followed the carrier`s arguments and concluded that the consignee, the holder of the B/L, was bound by the provisions of the charter party, since the B/L refers to the charterpart clauses. The Court of Cassation, which examined the case on appeal by the addressee, annulled the decision of the Court of First Instance according to which the provisions of the Charter party are binding on the addressee, if the nature of those provisions so permits, only if a copy of that Charter party is also submitted to the holder of the B/L, as well as the B/L itself in accordance with Article 1237/3 of the TCC.
The Court of Cassation also held that the burden of proof that the Charter Party has been presented to the Consignee lies with the Carrier and that the Carrier has not demonstrated that the Charter Party has been presented to the holder of the B/L. The bill of lading as proof of the contract of carriage applies to shipments for which shippers ship goods in small quantities, either in container service or in bulk service if no full charter or charter is involved. In accordance with Article 1237/3 of the CTC, in the case of a reference in B/L to the charterer of voyage, a copy of that charterer, which is a contract of carriage, shall be represented in the event of approval of the bill of lading to the new holder. In such a case, the provisions of the Charter Party may be prosecuted against the holder of the B/L, provided that the nature of those provisions so permits. In other words, the charter party should be assigned to the B/L, and it should be presented to the holder of the B/L. Dear Kat, If I may, given what Hariesh described above, the Express BL (or waybill) has only two purposes: – Proof of the contract of carriage; – receipt of the goods; Handwritten/certified signature is not required, but most carriers enter the name of the company or agent issuing the BL. Therefore, there is no need to print a hard copy to share it with the parties involved, it is usually mentioned “0” originals at the bottom and the document can be shared via email for everyone`s convenience. As with any BL, its final version can only be issued on the day of departure of the vessel and it is not necessary for the consignee to present a BL Express to release its cargo on arrival. I hope this helps Sam (former director of customer service, Hapag, USASC, Hanjin) According to aviation analyst Henry Harteveldt, the airline`s contract of carriage favors the company, not the passenger. Involuntary denied boarding is not uncommon, but the distance after boarding because the seat is necessary for others is “extremely rare”. However, according to him, an airline has the right to do so on the basis of the contract. “Remember, this is their plane and their seat — you only rent it to get from point A to point B,” Harteveldt told Business Insider.
 When entering into a contract of carriage, negotiations are conducted by the shipper and the carrier, and the terms are determined by the above-mentioned parties. In general, the contract of carriage with the carrier is concluded either by the seller or by the buyer, depending on the terms of the purchase contract. In maritime transport, however, the contract of carriage temporarily includes a clause according to which the consignment is subject to the conditions of the bill of lading, a document issued unilaterally by the carrier at a later date. On the other hand, some bills of lading refer to the contract of carriage of the General Conditions. It is therefore important to understand the relationship between contracts of carriage and bills of lading, as well as the impact of these two documents on the parties to the carriage. An agreement between private parties that creates mutual obligations that are legally enforceable. The basic elements necessary for the agreement to be a legally enforceable contract are: mutual consent, expressed through a valid offer and acceptance; appropriate review; capacity; and legality. As a transferable document, a B/L represents the document of ownership, which means that the person who owns the B/L, the consignee in general, holds ownership of the goods. In this regard, the holder of the B/L has the right to demand the goods from the carrier, and the carrier is obliged to deliver the goods to the holder of the B/L upon presentation thereof. The delivery of the goods is made against the copy of the B / L, which contains the note on the delivery of the goods.
In cases where the contract is governed by the Charterer, invoices issued to a Charterer will only serve as a receipt for the cargo received and sent and as a document of ownership in the event that the Charterer decides to sell the Goods while they are still in transit. According to this definition, one of the basic elements of a contract of carriage is a valid offer and acceptance. If there is no reference to the charter party in the bill of lading or vice versa, it could be considered as two separate contracts between the same parties for the carriage of the same goods, meaning that the two could come into conflict. A contract of carriage is a contract between a carrier of goods or passengers and the consignor, consignee or passenger. Contracts of carriage generally define the rights, obligations and responsibilities of the contracting parties, deal with matters such as force majeure and contain clauses such as force majeure. On large airlines, they are usually justified by standard conditions printed on the back of a ticket or transport document. Notification of the arrival of a consignment is usually sent to the “notifying party” whose address is indicated on the shipping document. This party is usually either the buyer or the importer. A bill of lading (B/L) is a bill of lading issued by the carrier or master representing the carrier and containing the details, type, quantity and destination of the goods carried. In the law of the sea, a B/L has three main functions: it serves as the carrier`s receipt of the cargo; proves the conclusion of a contract of carriage; and acts as a title document. If, at any time, the performance of the Contract of Carriage is affected or impaired by obstacles, risks delays, difficulties or inconveniences of any kind, including strikes, and if the Carrier is not required by paragraph (1) to complete the performance of the Contract of Carriage. So, if the bill of lading is proof of the contract of carriage, then what is the contract of carriage..?? This is the question in the minds of many industry players, and I will try to shed some light on this topic here.
A contract of carriage defines the legal responsibilities of the carrier and the user. The carrier can be a transport company, an air freight company, a sea freight company, etc. and the user is either the sender or the consignee. In July 2010, it became widely known that Southwest Airlines had classified mechanical difficulties as force majeure in its contract of carriage, expanding the definition previously shared with Delta, American, Continental and United.  This was later clarified by the airline as mechanical difficulties beyond its control, such as the failure of the air traffic control system or the fuel delivery systems operated by the airports. .