Flexport Glossary Term | Contract of Carriage (2024)

What is a Contract of Carriage?

A contract of carriage is a negotiated contract not subject to a tariff that is between the carrier and shipper for the transportation of cargo.

The written contract between a shipper and carrier sets forth the terms, conditions, and obligations of each party with respect to the carriage of the particular goods. Contracted carriers may choose if and when to provide service.

Common types of contracts of carriage include the following:

  • Bill of Lading
  • Sea waybill
  • Air waybill
  • Charter party

Learn More

Related Help Articles

Original Bills of Lading: What You Need to Know

8 Common Types of Bills of Lading by Transportation Mode

Related Glossary Terms

Bill of Lading

Air Waybill (AWB)

Carrier

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Flexport Glossary Term | Contract of Carriage (2024)

FAQs

Flexport Glossary Term | Contract of Carriage? ›

A contract of carriage is a negotiated contract between the carrier and shipper for the transportation of cargo.

What are the terms of the contract of carriage? ›

Within a contract of carriage, there are several clauses. First is the party's involved identification, which entails the person's name, home or office address, and contact data. Secondly is the description of work, the timeline, rights, obligations and liabilities, payment schedules, compensation, and "An Act of God".

What is an airline contract of carriage? ›

About this document

It is important to understand that each individual airline (also referred to as carrier) has its own contract of carriage, which is the legally binding contract between the carrier and its passengers. Each airline's contract of carriage has its own terms and definitions.

What is the difference between the bill of lading and the contract of carriage? ›

The bill of lading is evidence of the contract of carriage, it is not the contract of carriage itself. That contract between the carrier and the shipper is created when the goods are loaded on board the ship and will therefore already exist before the bill of lading is issued.

What is the difference between common carriage and contract carriage? ›

Common carrier means a person holding itself out to the general public to provide transportation for compensation. Contract carrier means a person providing transportation for compensation under continuing agreements with one person or a limited number of persons.

What is the difference between a charter party and a contract of carriage? ›

Whereas a charterparty is the contract between a shipowner and a charterer, a contract of carriage lies between the shipper and the carrier. A carrier will issue a shipper with a bill of lading, a receipt for cargo shipped which also serves as evidence of the contract of carriage.

What is the best evidence of a contract of carriage? ›

Bills of lading

The bill of lading is, in the first place, an acknowledgment by a carrier that he has received the goods for shipment. Secondly, the bill of lading is either a contract of carriage or evidence of a contract of carriage.

What is a breach of the contract of carriage? ›

breach of the contract of carriage means in most cases that the owner has not shown due dilligence in providing a seaworthy vessel at the commencement of the voyage.

Is an air waybill a contract of carriage? ›

An air waybill (AWB) serves as a receipt of goods by an airline (the carrier), as well as a contract of carriage between the shipper and the carrier. It's a legal agreement that's enforceable by law.

Is a consignee a party to a contract of carriage? ›

If the consignee indeed presents the original Bill of Lading to the carrier in the port of discharge, then the consignee becomes a party to the contract of carriage and in that case is bound by the Bill of Lading conditions.

Which document is a contract of carriage between the shipper and the carrier? ›

The bill of lading (also known as a BOL, or B/L) is a legal agreement that covers the shipping of goods and products. This document is used by the shipper of the goods (consignor), the receiver of the goods (consignee), and the shipping carrier that actually transports the goods.

Who uses the term contract of affreightment for the carriage of goods? ›

A contract of affreightment is a contract between a ship-owner and a charterer, in which the ship-owner agrees to carry goods for the charterer in the ship, or to give the charterer the use of the whole or part of the ship's cargo-carrying space for the carriage of goods on a specified voyage or voyages or for a ...

What are the two types of bills of lading? ›

What are the two types of bill of lading?
  • Through bill of lading - A document that covers the shipment of goods from the point of origin to the final destination.
  • Straight bill of lading - A document that covers the shipment of goods from the point of origin to the final destination without any stops in between.

What is the meaning of contract of carriage? ›

A contract of carriage is a contract that is created between a carrier and a shipper for the transportation of goods or passengers. The carrier is the entity that transports goods or people for any person or company. The entity (person or company) for whom the carrier carries the cargo is called the shipper.

Who is a contractual partner in a contract of carriage? ›

Contract Carriage

A contract of carriage defines the legal responsibilities of the carrier and the user. The carrier may be a freight trucking carrier, air cargo carrier, ocean carrier, etc and the user is either the consignor or consignee.

What are the 4 parts of the common carriage? ›

There are four elements in defining a common carrier; (1) a holding out of a willingness to (2) transport persons or property (3) from place to place (4) for compensation. This "holding out" which makes a person a common carrier can be done in many ways and it does not matter how it is done. a.

What is the term on carriage shipping? ›

In logistics, it refers to the delivery of the goods directly to the receiver. In a transport chain with multiple stages (combined transport), the on-carriage takes place after the so-called main carriage. Pre-carriage: Pick-up from the sender. Main carriage: Transport to the unloading terminal.

What were the terms of the contract? ›

Contract terms are the different provisions in a contract. Simply put, a contract comprises different provisions or terms that give the contracting parties rights and responsibilities. Contract terms create an obligation on one or all the parties; when a party doesn't comply with a term, there is a breach of contract.

How do carriage agreements work? ›

Carriage Agreement means an agreement between the Company and a Program Provider, pursuant to which the Program Provider provides Program Services to the Company and the Company carries the Program Service to subscribers on a Channel.

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