Qatar Trade Law No. 27/2006 Thursday, 12 May 2011 02:59

The transporter will be responsible for the loss of only those goods which are handed over to him by the sender for transporting like money, securities or jewellery or other valuables with written statements at the time of handing over.

The transporter will be responsible for the action of persons engaged in the implementation of its obligations under the contract of transporting.

If something is lost or damaged without the price mentioned in the transport document or receipt, the compensation will be estimated on the basis of the real price of the lost or damaged goods in the destination on the day it was scheduled, according to the price prevailing in the market.

If the thing has no price tag, the price will be fixed by an expert appointed by the court as a matter of urgency.

If the price of the thing is mentioned in the transport document, although the transporter may argue in this price and prove by all means, the real price of the thing.

If the goods is no longer valid for purpose intended because of the damage or the loss partially or due to delay in delivery and the responsibility of the transporter has proved, the demander of the compensation may give up the goods to the transporter in exchange for full compensation.

The addressee has the right to examine the object at the place of transport at the time of receiving to confirm its safety. And receiving the thing without caution, ends the right to consult the transporter because of damage or partial loss or delay in delivery, unless the addressee proves the condition of the goods and files a lawsuit against the transporter within thirty days from the date of delivery.

The condition of the goods shall be proved by the officers of the department, or an expert appointed by the court as a matter of urgency.

If several transporters implement a single contract of transporting the first transporter will be responsible in front of the sender and the addressee for the total transport and each condition will be invalid otherwise. And any of the following transporters will not ask the first transporter regarding him or the sender or the addressee except for the damage in his own part of transporting. If not possible to set the part where the damage occurred, then the compensation will be divided among all transporters by what each one deserves the transportation fee. If any one of them is unable to pay his share it will be distributed among others for itself.           

The transporter cannot deny the responsibility for the loss of the thing or damage or delay in delivery, but by proving of the force of flow in the goods or an error by the sender or the addressee. If you do not know the cause of loss of the thing or damage, the liability will be on the transporter.

If the transporter takes caution and put condition of abstaining from the responsibility for damage because of a defect in packaging of the goods, the sender or the addressee must prove that the damage did not occur due to this defect.

All conditions of releasing the transporter from the responsibility of loss of the thing totally or partially will be invalid. As well as all conditions of releasing the transporter from this responsibility will be cancelled if this comes from the acts of his subordinates.

And all conditions enforce the sender or the addressee to pay any sums, whatever the type is, and it is intended to cover all or some of the expenses of the insurance against the responsibility of the transporter, will be considered as releasing him from the responsibility.

Except in the two cases of fraud and blunder by the transporter or his subordinates, the transporter may do the followings:

1 – To determine the responsibility for loss or damage, or delay in condition of that the stipulated compensation will not be symbolic or figurehead.

2 – To put condition of his releasing from the liability for damages arising from the delay.

The condition for exemption from liability or identifying it must be in written and that the transporter has informed the sender.

If the transporting of the thing in the custody of the sender or the addressee, the transporter will not be responsible for the loss or damage unless it is proved that the error is from him or his subordinates.

The transporter is committed to empty the thing at the time of arrival, unless he agrees on other. And the addressee has the right to consult directly to the transporter to claim to deliver or pay compensation at the time of requirement.

If the delivery is not necessary in the place of the addressee, the transporter has to inform him about the arrival of the thing and the timing when they can receive. And the addressee has to receive the thing in the time set by the transporter otherwise he will be abide by the expenses of storage. The transporter may transport the thing to the addressee with additional charges after the expiration of the time set for delivery.

Article 196

If a hindrance prevents the starting of the implementation of the transport or the continuation of its implementation, or the addressee is failed to receive on the date designated by the transporter, or attended and denied to receipt or payment of transporting and expenses, the transporter must notify the sender and ask him his instructions.

If the sender delays in reporting the transporter his instructions in an appropriate time, the transporter may ask the court to appoint an expert on a matter of urgency to establish the condition of the thing and to authorise him to deposit it to a honest person for the account of the sender and his responsibility. And if the thing is exposed to loss or damage, or lack of price, or require expenses maintenance, the judge ordered to sell in the manner designated by the treasury and deposit the price to the treasury Court for the stakeholders. The judge may order the sale all or part of the thing which is enough to the amounts owed to the transporter.