The Convention on the Contract for the International Carriage of Goods by Road (CMR) of 1956 applies in most of Europe and part of Asia. Slovakia and Czechia are both parties. It sets when the carrier is liable for the goods, the most it will pay and the deadline for making a claim.

In brief

  • The Convention applies to carriage of goods by road for reward when the place of taking over and the place of delivery are in two different countries, at least one of which is a contracting country.
  • The carrier is liable for loss, damage and delay from taking over the goods until delivery (Article 17).
  • Compensation for loss or damage is limited to 8.33 SDR per kilogram of gross weight short.
  • Agreements that derogate from the Convention are null and void (Article 41).

When the carrier is not liable

  • when the damage was caused by the claimant or the claimant's instructions,
  • when it was caused by inherent vice of the goods,
  • when it was caused by circumstances the carrier could not avoid and whose consequences it could not prevent (Article 17(2)).

The Convention also lists special risks, such as defective packing or loading by the sender (Article 17(4)).

How much the carrier pays

  • Compensation is calculated from the value of the goods at the place and time they were accepted for carriage (Article 23).
  • The ceiling is 8.33 SDR per kilogram. The SDR is the unit of account of the International Monetary Fund; its rate is published daily.
  • The carrier also refunds the carriage charges, customs duties and other charges incurred in respect of the carriage.
  • For delay, the carrier pays proven damage up to the amount of the carriage charges.
  • Higher compensation is possible where the consignment note declares the value of the goods or a special interest in delivery and a surcharge has been paid (Articles 24 and 26).
  • The limit does not apply where the carrier caused the damage by wilful misconduct or equivalent default (Article 29).

Time limits

  • Apparent damage: reservations at the time of delivery at the latest.
  • Damage not apparent: written reservations within 7 days of delivery, Sundays and public holidays excepted (Article 30).
  • Delay: a written reservation within 21 days from the time the goods were placed at the consignee's disposal.
  • Lost goods: goods are treated as lost when not delivered within 30 days after the agreed time limit or, if none was agreed, within 60 days of being taken over (Article 20).
  • Limitation period: one year; three years in the case of wilful misconduct (Article 32).

What is often confused

  • The carrier's liability is not cargo insurance. For a consignment weighing 100 kg the ceiling is 833 SDR, whatever the goods cost.
  • The CMR consignment note is evidence of the contract and of receipt of the goods. The contract is valid even if the note is missing or irregular (Article 4).