FIATA RULES FOR FREIGHT FORWARDING SERVICES
Part I General Provisions
1.
1.1.
1.2.

2.
2.1.

2.2.
2.3.

2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.

APPLICABILITY
These Rules apply when they are incorporated, however this is made, in writing, orally orotherwise, into a contract by referring to the FIATA Rules for Freight Forwarding Services.
Whenever such reference is made, the parties agree that these Rules shall supersede any
additional terms of the contract which are in conflict with these Rules, except insofar as they increase theresponsibility or obligations of the Freight Forwarder.
DEFINITIONSFreight Forwarding Services means services of any kind relating to the carriage
consolidation, storage, handling, packing or distribution of the Goods as well as ancillary and advisory
services in connection therewith, including but not limited to customs and fiscal matters, declaring theGoods for official purposes, procuring insurance of the Goods and collecting or procuring payment or
documents relating to the Goods.
Freight Forwarder means the person concluding a contract of Freight Forwarding Services
with a Customer.
Carrier means any person actually performing the carriage of the Goods with his own meansof transport (performing Carrier) and any person subject to carrier liability as a result of an express orimplied undertaking to assume such liability (contracting Carrier).
Customer means any person having rights or obligations under the contract of Freight
Forwarding Services concluded with a Freight Forwarder or as a result of his activity in connection
with such services.
Goods means any property including live animals as well as containers, pallets or similar
articles of transport or packaging not supplied by the Freight Forwarder.
SDR means a Special Drawing Right as defined by the International Monetary Fund.
Mandatory Law means any statutory law the provisions of which cannot be departed from bycontractual stipulations to the detriment of the customer.
In writing includes telegram, telex, telefax or any recording by electronic means.
Valuable means bullion, coins, money, negotiable instruments, precious stones, jewellery,antiques, pictures, works of art and similar properties.
Dangerous Goods means Goods which are officially classified as hazardous as well as
Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.

3.

INSURANCENo insurance will be effected by the Freight Forwarder, except upon express instructions given in writingby the Customer. All insurances effected are subject to the usual exceptions and conditions of the Policiesof the Insurance Company or Underwriter taking the risk. Unless otherwise agreed in writing the FreightForwarder shall not be under any obligation to effect a separate insurance on each consignment, but may
declare it on any open or general Policy held by the Freight Forwarder.

4.

HINDRANCES
If at any time the Freight Forwarder’s performance is or is likely to be affected by any hindrance or risk of anykind (including the conditions of the Goods) not arising from any fault or neglect of the Freight Forwarder andwhich cannot be avoided by exercise of reasonable endeavours, the Freight Forwarder may abandon thecarriage of the Goods under the respective contract and, where reasonably possible, make the Goods or
any part of them available to the Customer at a place which the Freight Forwarder may deem safe andconvenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Freight
Forwarder in respect of such Goods shall cease. In any event, the Freight Forwarder shall be entitled to theagreed remuneration under the contract and the Customer shall pay any additional costs resulting from theabove-mentioned circumstances.

5.

METHOD AND ROUTE OF TRANSPORTATIONThe Freight Forwarder shall carry out his services according to the Customer’s instructions as agreed. If
the instructions are inaccurate or incomplete or not according to contract, the Freight Forwarder may at
the risk and expense of the Customer act as he deems fit.
Unless otherwise agreed, the Freight Forwarder may without notice to the Customer arrange to carry theGoods on or under deck and choose or substitute the means, route and procedure to be followed in thehandling, stowage, storage and transportation of the Goods.

8.2

8.3
8.3.1

8.3.2

9.
9.1.

9.2

6.1.2

7.
7.1

7.2

7.3

THE FREIGHT FORWARDER’S LIABILITY (EXCEPT AS PRINCIPAL)
Basis of liability
The Freight Forwarder’s duty of care
The Freight Forwarder is liable if he fails to exercise due diligence and take reasonable measures in theperformance of the Freight Forwarding Services, in which case he, subject to Art.8, shall compensate theCustomer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of
his duty of care.
No liability for third parties
The Freight Forwarder is not liable for acts and omissions by third parties, such as, but not limited to,Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless he has failed toexercise due diligence in selecting, instructing or supervising such third parties.
THE FREIGHT FORWARDER’S LIABILITY AS PRINCIPALThe Freight Forwarder’s liability as Carrier
The Freight Forwarder is subject to liability as principal not only when he actually performs the carriage
himself by his own means of transport (performing Carrier), but also if, by issuing his own transport
document or otherwise, he has made an express or implied undertaking to assume Carrier liability(contracting Carrier).
However, the Freight Forwarder shall not be deemed liable as Carrier if the Customer has received atransport document issued by a person other than the Freight Forwarder and does not within a reasonable
time maintain that the Freight Forwarder is nevertheless liable as Carrier.
The Freight Forwarder’s liability as principal for other services
With respect to services other than carriage of the Goods such as, but not limited to, storage,handling, packing or distribution of the Goods, as well as ancillary services in connection
therewith, the Freight Forwarder shall be liable as principal:
1.
when such services have been performed by himself using his own facilities or employees or2.
if he has made an express or implied undertaking to assume liability as principal.
The basis of the Freight Forwarder’s liability as principal
The Freight Forwarder as principal shall, subject to Art. 8, be responsible for the acts and omissions ofthird parties he has engaged for the performance of the contract of carriage or other services in the samemanner as if such acts and omissions were his own and his rights and duties shall be subject to theprovisions of the law applicable to the mode of transport or service concerned, as well as the additional
conditions expressly agreed or, failing express agreement, by the usual conditions for such mode oftransport or services.

NOTICE
Unless notice of loss of or damage to the Goods, specifying the general nature of such loss or damage, is given
in writing to the Freight Forwarder by the person entitled to receive the Goods when they are handed over to him,such handing over prima facie evidence of the delivery of the Goods in good order and condition. Where suchloss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6
consecutive days after the day when the Goods were handed over to the person entitled to receive them.
With respect to all other loss or damage, any claim by the Customer against the Freight Forwarderarising in respect of any service provided for the Customer or which the Freight Forwarder has undertaken to provide
shall be made in writing and notified to the Freight Forwarder within 14 days of the date upon which the Customer
became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim notmade and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer
can show that it was impossible for him to comply with this time limit and that he made the claim as soon as it was
reasonably possible for him to do so.

10.

TIME BAR
The Freight Forwarder shall, unless otherwise expressly agreed, be discharged of all liability under these Rules
unless suit is brought within 9 months after the delivery of the Goods, or the date when the Goods should havebeen delivered, or the date when failure to deliver the Goods would give the consignee the right to treat the Goods
as lost.
With respect to other loss than loss of or damage to the Goods the 9 months period should be counted from thetime when the failure of the Freight Forwarder giving right to the claim occurred.

11.

APPLICABILITY TO ACTIONS IN TORT
These Rules apply to all claims against the Freight Forwarder whether the claim be founded in contract
or in tort.

12.

LIABILITY OF SERVANTS AND OTHER PERSONS
These Rules apply whenever any claim is made against a servant, agent or other person the Freight Forwarder
engaged for the performance of the service (including any independent contractor) whether such claims arefounded in contract or in tort, and the aggregate liability of the Freight Forwarder and such servants, agents orother persons shall not exceed the limits applicable to the service concerned as expressly agreed between theFreight Forwarder and the Customer or following from these Rules.

Part III The Customer’s Obligations and Liability
13.

UNFORESEEN CIRCUMSTANCESIn the event the Freight Forwarder, in case of unforeseen circumstances, acts in the best interest of theCustomer extra costs and charges have to be borne by the Customer.

14.

NO SET-OFF
All monies due shall be paid without any reduction or deferment on account of any claim, counterclaim
or set-off.

15.

GENERAL LIEN
The Freight Forwarder shall, to the extent permitted by the applicable law, have a general lien on the Goods
and any documents relating thereto for any amount due at any time to the Freight Forwarder from the Customer
including storage fees and the costs of recovering same, and may enforce such lien in any reasonable manner
which he may think fit.

16.

INFORMATIONThe Customer shall be deemed to have guaranteed to the Freight Forwarder the accuracy, at the time the Goods
were taken in charge by the Freight Forwarder, of all particulars relating to the general nature of the Goods, theirmarks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, asfurnished by him or on his behalf.
The Customer understands and agrees that the Freight Forwarder may use any data related to theFreight Forwarder’s provision of services to the Customer for purposes other than the purpose of theFreight Forwarding Services, including the disclosure of data to third parties, provided that the data isused as “Freight Forwarder’s data” only on a purely anonymized and unidentifiable, as the case may
be, aggregated basis.

17.
17.1

DUTY OF INDEMNIFICATION
General duty of indemnification
Except to the extent that the Freight Forwarder is liable according to the provisions of Part II, the Customer shallindemnify the Freight Forwarder for all liability incurred in the performance of the Freight Forwarding Services.
Duty of indemnification in respect of General Average
The Customer shall indemnify the Freight Forwarder in respect of any claims of a General Average nature which
may be made on him and shall provide such security as may be required by the Freight Forwarder in thisconnection.

Part II The Freight Forwarder’s liability
6.
6.1.
6.1.1.

Assessment of compensation
The value of the Goods shall be determined according to the current commodity exchange price or, if there is not
such price, according to the current market price or, if there is no commodity exchange price or current market
price, by reference to the normal value of the Goods of the same kind and quality.
Monetary limits
Loss of or damage to the Goods
The provisions of Art. 7.3. notwithstanding, the Freight Forwarder shall not be or become liable for any loss of ordamage to the Goods in the amount exceeding the equivalent of 2 SDR per kilogram of gross weight of theGoods lost or damaged unless a larger amount is recovered from a person for whom the Freight Forwarder isresponsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods
ought to have been delivered, the claimant may, in absence of the evidence to the contrary, treat the Goods aslost.
Limitation of liability for delay
If the Freight Forwarder is liable in respect of loss following delay, such liability shall be limited to an
amount not exceeding the remuneration relating to the service giving rise to the delay. 8.3.3 Other
type of lossThe provisions of Art. 7.3. notwithstanding, the Freight Forwarder’s liability for any type of loss not mentioned in8.3.1. and 8.3.2. shall not exceed the total amount of 10,000 SDR for each incident unless a larger amount isreceived from a person from whom the Freight Forwarder is responsible.

17.2

18.

THE CUSTOMER’S LIABILITYThe Customer shall be liable to the Freight Forwarder for all loss or damage, costs, expenses and official charges
resulting from the Customer’s inaccurate or incomplete information or instructions or the handing over by theCustomer or any person acting on his behalf to the Freight Forwarder, or to any other person to whom the FreightForwarder may become liable, of Goods having caused death or personal injury, damage to property,
environmental damage or any other type of loss.

Part IV Disputes and Mandatory Law
8.
8.1

EXCLUSIONS, ASSESSMENT AND MONETARY LIMITS OF LIABILITY
Exclusions
The Freight Forwarder shall in no event be liable for:1.
Valuables or Dangerous Goods unless declared to the Freight Forwarder at the time of theconclusion of the contract,2.
loss following from delay unless expressly agreed in writing,3.
indirect or consequential loss such as, but not limited to, loss of profit and loss of market.

July 2020

19.

JURISDICTION AND APPLICABLE LAW
Unless otherwise agreed, action against the Freight Forwarder may be instituted only in the place where
the Freight Forwarder has his principal place of business and shall be decided according to the law of
the country of that place.

20.

MANDATORY LAW
These Rules shall only take effect to the extent that they are not contrary to the mandatory provisionsof international conventions or national law applicable to the Freight Forwarding Services.