The Convention on the contract for the international carriage of goods by road (CMR) is effective for the Republic of Bulgaria as of 18.01.1978.

The Convention shall apply to each contract for the carriage of goods by road in vehicles for reward, when the place of taking over of the goods and the place designated for delivery, are situated in two different countries.

An interest shall represent the topic related to the carrier’s liability. The principle is that the carrier is responsible for the actions of its employees as well as of all the persons whose services it has used to carry out the carriage, as its own actions.

In the cases of international carriage of goods, the carrier shall bear the liability for partial or total loss of the goods. The carrier is also liable for the damages of the goods occurring between the time when he takes over the goods and the time of delivery. Additionally, the carrier bears the liability for delay in delivery of the goods. The carrier may be relieved of liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by the instructions of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods or through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent. The burden of proving that loss, damage or delay shall rest upon the carrier.

The Convention provides for a limited liability of the carrier. When a carrier is liable for compensation in respect of total or partial loss of goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage. In any cases, the compensation may not exceed 25 francs per kilogram of gross weight short. “Franc” means the gold franc weighing 10/31 of a gramme and being of millesimal fineness 900. The carrier is obliged to refund in full the carriage charges, customs duties and other charges incurred in respect of the carriage of the goods (if any) in case of total loss and in proportion to the loss sustained in case of partial loss, but no further damage shall be payable.

In the case of delay, if the claimant proves that the damage has resulted therefrom the carrier shall pay compensation for such damage not exceeding the carriage charges.

In case of damage, the carrier shall be liable for the amount by which the goods have diminished in value, calculated by reference to the value of the goods fixed in accordance with article 23, of the Convention. In case of damage, the Convention provides for a limitation of the liability, as the compensation in all cases may not exceed 1) if the whole consignment has been damaged, the amount payable in the case of total loss or 2) if part only of the consignment has been damaged, the amount payable in the case of loss of the part affected.

Greater compensation cannot be claimed from the carrier, except in the cases of declaration of the value of the goods or declaration of a special interest in delivery of the goods. What does this mean?

Against payment of a surcharge to be agreed upon by the parties, it is possible the sender of the goods to declare in the waybill a value of the goods, which exceeds 25 francs per kilogram of gross weight. In this case, the declared value replaces this limitation.

There is also a possibility for the sender to declare an amount of special interest in delivery of the goods, in case of loss, damage or delay, as such declaration shall be made in the waybill. In this case, the sender again shall pay a surcharge agreed upon by the parties.

In addition to the limitations on carrier’s liability, the Convention also provides for short terms for bringing claims. The period of limitation for an action arising out of carriage under this Convention shall be one year. Nevertheless, in the case of wilful misconduct, the period of limitation shall be three years.