Subject of insurance

Carrier’s (Insured’s) liability to the owner of consignments taken over for carriage pursuant to the concluded contract on carriage, in line with the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) and Law on Contracts for the Carriage of Goods by Road (hereinafter: the Law).

Territorial scope

This insurance applies to domestic and international transportation. Upon request of the Insured, the coverage may be taken out only for domestic transportation

Limit of liability

With regard to the transportation under the International Bill of Lading, the liability of the Insurer per any one occurrence is limited in line with the Article 23, paragraph 3 and Article 25 of the CMR Convention and the amount designated on the insurance policy. As for the transportation within the boundaries of the Republic of Serbia, under a Serbian transportation document, the liability of the Insurer is limited pursuant to the Law on Contract for Carriage of Goods by Road.

Scope of cover

Insurer is obliged to indemnify the Insured against all reasonable amounts payable by the Insured by way of carrier’s liability for damages occurred in the carriage of consignments due to total or partial loss of or damage to goods, as well as for the expenses (transportation costs and customs duties, costs of removal and transportation of remaining bulk and damaged goods to clear up the road upon instructions of competent authorities, costs of disputes and legal actions and/or reasonable salvage attempts) incurred from the moment of taking over the goods for transportation to the moment of delivery.

Additional risk

  • damages occurred consequentially to the evidenced theft of goods or the entire vehicle loaded with goods
  • damages occurred consequentially to the failure of the thermoregulation device
  • damages to goods occurred in loading goods onto the vehicle and/or unloading goods from the vehicle by the Insured
  • damages due to late delivery of goods taken over for transportation
  • costs of destruction of damaged goods

Exclusions

According to these Terms and Conditions, the insurance does not cover the liability for:

  • carriage carried out without a concluded contract of carriage,
  • carriage carried out for own purposes,
  • carriage free of charge (freight not included),
  • carriage of postal parcels, valuable sendings (coins, paper money, securities, documents and papers), objects of art (paintings, sculptures and other).

Insurer will not indemnify:

  • damages as a consequence of an occurrence where the carrier is exempted from liability according to the CMR Convention and the Law,
  • damages which may occur due to misrepresentation of the content of liability insurance agreement to the carriage users by stating that the very consignment is the subject of insurance (cargo insurance),
  • damages covered under the liability to third parties with whom the Insured does not have any contractual relationship,
  • damages due to wilful misconduct or gross negligence of the Insured.

Insured is obliged:

  • to take care and undertake any measures for supervision of the loaded vehicle,
  • permanently control technical condition of the used vehicle and to eliminate immediately any technical failures.

In case of occurrence, the Insured is obliged to:

  • record, together with the consignee, each and every visible damage,
  • notify the insurer of any possible loss without delay,
  • take all required measures to prevent or minimise the loss and/or act according to the instructions of the Insurer,
  • report to the nearest competent authority any traffic accident, explosion, fire or theft and adhere to standard legal procedure.