Goods carried by inland waterways

For carriage by inland waterways, a distinction is made between

• Navigation along the Rhine and the international section of the Moselle is governed by special regulations that fall outside the scope of French law.

On the Rhine and the Moselle rivers, the liability of inland waterways carriers is governed by international regulations that pertain to the entire Rhineland. The German law of 15 June 1895 went into effect on the Rhine in June 1966. This special system of navigation grants a great deal of freedom to contracting parties, which results in extensive use of clauses that limit or exclude liability.

The principles of general average and contractual limitation of liability are applicable on the Rhine and on the international section of the Moselle.

• Navigation along the French inland waterways is governed by strict regulations pertaining to the liability of carriers.

Under article 133-1 & seq. of the French Commercial Code, the carrier is liable for all damage to cargo, unless he can prove that the damage in question was caused by an inherent vice in the goods, fault of the shipper or an act of God (force majeure).

Since the adoption of the decree published in the French Official Bulletin on 30 September 1996, the liability of carriers on inland waterways has been governed by a standard contract. Under this contract, the carrier's liability for loss or damage to goods may not exceed 762.25 euros per ton of goods lost or damaged, or a maximum equal to the total number of tons loaded multiplied by 152.45 euros.

Since the passage of a law in July 1994, inland waterways carriers are no longer required to insure their liability for the goods they carry. Consequently, it is in the interest of industrialists and traders to purchase cargo insurance covering the risks of transit (ad valorem insurance).

The case of goods transported by foreign carriers: Foreign carriers generally do not accept liability for the cargo entrusted to their care. For this reason, in international transport it is particularly important to have the goods insured through the forwarding agent or the consignee.

The French insurance policies for goods carried by inland waterways (All Risks and Major Events) only cover physical loss of and damage to cargo carried by river or canal that arise from navigational accidents or act of God (force majeure).

Special or extended cover may be granted for certain shipments of industrial equipment loaded on barges or pushers.

Insurance is also available to cover the inland waterways carrier's contractual liability for the goods being transported.

At the request of the assured, war risks, strikes, riots, civil commotion and other similar events can also be covered under the Special Conventions for the Insurance of Goods Carried by Air, Road, Rail or Inland Waterways against War Risks and Similar Risks.

As for the assured's duty to preserve rights of recovery against the carrier, the relevant provisions of articles L 133-3 & L 133-4 of the French Commercial Code apply to transport via inland waterways.

Accordingly, in the event of any loss of or damage to the goods, the consignee must immediately notify the carrier by registered letter, return letter requested, within 3 days of delivery. In the event of a dispute, the consignee requests an "expertise judiciaire" - a review required by a court or one of the parties - as provided for in article L 133-4 of the French Commercial Code.