Against an insurance premium paid, the Insurance company insures the liability of the carrier of goods on road for the territory of Republic of Bulgaria, according to the law of road transportation and for the foreign territories, according to the Convention on the Contract for the International Carriage of Goods by Road (CMR).
With this insurance, the INSURER covers the liability of the CARRIER for total or partial loss, or damage of the goods: for Bulgaria and for abroad, respectively, according to Section IV of the Law of road transportation and according to chapter IV of Convention on the Contract for the International Carriage of Goods by Road (CMR).
The carrier is liable for the total or partial loss, or damage to the load from the moment of its acceptance for transportation until it is delivered, as well as for the delay of its delivery.
The carrier is relieved from this liability, when the loss, damage or delay are due to faults of the rightful claimant, as per the instructions of the latter, which is not a result of an error of the carrier, of inherent flaw of the goods or of circumstances, which the carrier was not able to avoided and the consequences he/she was unable to overcome. In order to release him-/herself of responsibility, the carrier cannot refer neither to shortcomings of the vehicle, which is used for the transportation, nor to errors of the person from whom the vehicle was renter or of his/her employees.
It is considered that there is a delay in the delivery, when the cargo was not delivered in the agreed term or if a term was not agreed, when the actual duration of the transport exceeds the usual time, required for such a transportation, performed with the care of good merchant.
It is considered, without the requirements of additional proves, that the cargo is lost, when it is not delivered within thirty days after the agreed term or in the cases, when such a term is not agreed, sixty days after the acceptance of the cargo for transportation by the carrier.
The carrier must pay indemnity for total or partial loss of the cargo, which is calculated, based on its value at the location and at the time, when it was accepted for transportation. The value of the cargo is determined by the stock exchange rate or if such a rate is missing – by the current market price, or if such a price is missing – by the usual value of the cargo of same type and quality.
This insurance is not applied for the following types of transports:
transport, performed under the scope of the international post conventions;
transportation of relics;
transportation of personal effects in case of change of residence.
Acceding to the Convention on the Contract for the International Carriage of Goods by Road (CMR).:
– When the carrier must pay indemnity for total or partial loss of the cargo, that indemnity is calculated, based on the value of the goods at the location and at the time, when they were accepted for transportation.
– The value of the goods is determined by the stock exchange rate or if such a rate is missing – by the current market price, or if such a price is missing – by the usual value of the goods of same type and quality.
– In all cases, the indemnity cannot exceed 25 franks per kilogram gross missing weight. Under frank it is understood a golden frank with weight of 10/31 grams at sample of 0,900.
Also, the transport price, customs total sums and other expenses, related to the transportation of the good in case of total loss are refunded or the refunding is proportional, when a partial loss exists; no other indemnities must be paid.
According to the Law of road transportation, the indemnity of total or partial loss of the cargo is the amount of the damage, but not more than 8,33 account currency per kilogram of missing gross weight. In case of total loss, the transport price, customs total sums and other expenses, related to the transportation of the goods are refunded or the refunding is proportional, when a partial loss exists and no other indemnities must be paid.
Insurance premium: As per the tariff of the insurer.
Duration of the insurance:
The insurance can be made for a term of one calendar year, for part of an year or for individual trip.
The insurer can also conclude contracts for subscription insurance, as per the meaning of article 214, paragraph 1 of the Insurance code. With such insurance, the coverage lays over all trips, which the Insured person is performing in a specified period. The insured person must declare all trips performed up to the 10th day of the following month.
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