As claims handlers, we are seeing a big increase in breaking the #CMR limitation due to #wilfulmisconduct on the part of carriers.
🚚 Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) specifically states that a carrier may not exclude, limit or otherwise shift the burden of proof under the CMR Convention, if the damage has been caused by their wilful misconduct or default on their part which is considered to be equivalent to wilful misconduct in the eyes of the Court seized (Article 29).
🚫 For instance, for a carrier to stray from their itinerary for no good reason (for a social call) and to leave goods unattended is an inexcusable fault amounting to a default equivalent to wilful misconduct in the meaning of Article 29 of the Convention.
In Spain, the Contract of Carriage of Goods by Road (LCTTM) is applicable to national carriage and it was made in the light of the CMR Convention. For this reason, the LCTTM contains a general principle of limitation of liability similar to the CMR Convention and a provision, Article 62, announcing in which cases such limitation shall be excluded.