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Book 5 · Maritime trade  ›  Subtitle 2 · Liability for loss of or physical damage to the goods › Section 509

Actual carrier

(1) Where the carriage is performed, in whole or in part, by a third party who is not the carrier, then that third party (actual carrier) is liable, in the same way as the carrier, for any damages resulting from the loss of or physical damage to the goods during the carriage performed by it.

(2) Any contractual arrangements with the shipper or the consignee whereby the carrier expands their own liability will affect the actual carrier only if the actual carrier has agreed to them in text form.

(3) The actual carrier may lodge all objections and avail themself of all defences to which the carrier is entitled under the contract for the carriage of general cargo.

(4) The carrier and the actual carrier are liable jointly and severally.

(5) If a claim is asserted against a servant of the actual carrier or against a member of the ship’s company, then section 508 is to be applied accordingly.

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