Loss or Damage of goods - Free Essay Example

Sample details Pages: 8 Words: 2338 Downloads: 10 Date added: 2017/06/26 Category Logistics Essay Type Narrative essay Did you like this example? Statement of fact 1. Loss or Damage of goods between delivery of goods and their loading on the ship as well as the completion of discharge all are governed by the national law. A solution that normally avoids such duality of regimes was found by the Hamburg Rules, pursuant to which the period of responsibility of the carrier covers the period during which the carrier is in charge where the goods are loaded, during the carriage and at the port of discharge. Don’t waste time! Our writers will create an original "Loss or Damage of goods" essay for you Create order Normally, the goods at taken in charge and are delivered outside the port areas. But none of the existing instruments applies to the whole contract period when the carrier undertakes to take the goods in charge at the door of the shipper and to deliver them at the door of the consignee, as gradually has become more and more frequent with the advent of containers. The industry has since 1971 felt the need for a unique instrument governing the whole transport performed by different modes and BIMCO issued a form of combined transport bill of lading which, after setting out general rules on the liability and constraint of liability of the carrier, that where the loss or damage occurred can be proved in international conventions or the national law, the carrier and the merchant are entitled to liability determined by the provision which cannot be departed from to the detriment of the merchant and would have applied if the merchant had made a separate contract with the carrier in res pect of that particular stage of transport where loss or damage occurred. In such rules the general provision on the liability of the carrier based on article 5(1) of the Hamburg Rules, but for loss, damage or delay in respect of goods carried by sea the exemptions granted by article 4(2)(a) and (b) of the Hague- Visby Rules apply as well as the due diligence obligation to make the sip seaworthy at the commencement of the voyage. 2.Continuous development of electronic communications and the fact that so far the attempts to create a workable system allowing the replacement of paper documents by electronic records have not been successful, the provisions regulating such possible replacement have been drafted in such a way as to allow their application whatever future system may in the future be envisaged. 3. When it was considered whether and to which extent the sub-contractors of the carrier, called performing parties, should be subject to the Rotterdam Rules and liable to b e sued by the shipper or consignee, it was decided that it would be convenient to do so only in respect of services rendered at sea or in the ports and therefore the notion of maritime performing party was created, thereby incorporating in the Rotterdam Rules the principles on which the Himalaya clause is based. Article 19(5), therefore extends the rule adopted in article 10 of the Hamburg Rules to sub -contractors performing services ashore but within the port areas and provides that a obligation and liabilities imposed on the carrier which is the maritime performing party and they are also entitled to the carriers defenses and the limits of liability as provided in the Rotterdam rules. 4. In the Hamburg rules and Hague- Visby rules does not have any conditions in respect of the rights and the obligation of the parties relating to the delivery of the goods after their arrival at destination. The problems that may arise are instead various: from the right of the carrier to withho ld the goods if freight is not paid, to its powers in case nobody appears to take delivery of the goods, or to the request of delivery by a person that has failed to properly identify itself or that does not surrender the negotiable transport document. All such problems must therefore be solved on the basis of either the proper law of the contract or the lex fori and the ensuing uncertainty is obvious. Discussion 1. This discussion aim is to compare the Rotterdam Rules (RR) and Hague Visby Rules (HVR) and to explore the main differences between them in order to identify the RR advantages. The HVR are viewed as a documentary approach, this can be clearly seen in article 1 Definition of contract of carriage. In contrast The RRs basic approach is contractual which is supplemented by a combination of a type of trade and a documentary approach. Definition of contract of carriage The HVR contract of carriage (article 1. b) provision is validated only once bill of lading or document of title is issued and does not work on the basis of the obligations of the parties. While the RR contract of carriage rule (article 1.1) defines the obligation of the carrier which is the carriage of goods against payment from one place to another. The Rotterdam Rules also differ in the fact that the rule is extended to the carriage by other modes if the parties have agreed accordingly. In comparison to The HV definition the RR of contract of carriage gives a broader definition with wider application which includes multimodal issues. Geographical scope of application The HVRs of Geographical scope of application Article 10, it is compulsory that either the bill of lading or the port of loading be located in a contracting State, or when national legislation giving effect to them is incorporated in the bill of lading. The HVRs are not relevant to a contract from a port located in a non-contracting State to a port of discharge located in a contracting State. Also nations of who have adopted the HVRs may be implemented with variations under national legislation. Under this application issues of considerable uncertainty and of lack of homogeny arise resulting in misinterpretation and varying judgements in matters of dispute. As per the Article 5 in RR, geographical scope of application is the places of delivery and receipts (door to door contracts). The RRs apply regardless of whether a bill of landing or similar document was issued or not. Period of application and period of responsibility of the carrier Defined under article 1(e) of the HVR, the period of their application is from the beginning of loading of the goods on the ship to the completion of their release from the ship. Therefore the carrier responsibility under the HVR begins at the time of loading and ends at time of discharge. As a result of this the carrier period of responsibility does not cover the goods before their loading on board ship or after their release even though the carrier is in charge of the goods throughout this period of time. Article 12.1of the RR the period of application and the period of responsibility of the carrier match with that during which the carrier is in charge of the goods, The carrier shall be responsible for the goods from receipt until delivery not from loading to discharge. Obligations and Liability of the carrier The obligations of the carrier under the HVR (article 2, article 3.1 3.2) is to make the ship seaworthy at the beginning of the voyage, to care for the cargo and to exercise due diligence. However, the carrier is relieved from the obligation of providing a seaworthy ship once sailed from the port. In the RR (article 11, article 13.1 13.2, article 14) also includes the above obligations. However, there is no such exception regarding a ships seaworthy once departed from the port and throughout the journey. The carrier remains obligated to take all possible actions to maintain a seaworthy ship. When comparing Liability of the carrier of the HVR ( article 4.1 4.2) and the RR the main difference is the HVR pardoned from liability a) with respect to damage of goods or loss arising or resulting from unseaworthiness unless caused by the breach by the carrier of his due diligence obligation and, b) and the damage to the goods arising from fault of the master, mariner, pilot, in the m anagement of the ship and for damage to the goods due to fire caused by fault of the crew. However, the RR (article 17.1, 17.2, 17.3) states that the carrier is always liable for loss, damage or delay caused by fault of the carrier, his servants or agents. Obligations and liability of the shipper The HVR have three provisions on the obligations and liability of the shipper in article 3.5, 4.2 4.6 although The RR regulate in chapter 7 (articles 27-34) details the obligations and the liability of the shipper in more depth. The main difference of the RR is special rules for dangerous goods and documentary inaccuracies in relation to such goods. Under the obligation the shipper has to inform the transporter of the precarious nature of the goods to mark or label such goods in accordance with any applicable law or regulation. If the shipper fails to comply with his obligations he is strictly liable for all loss or damage which may result and is not entitled to limit. Limitation of liability and time of suit As with HVR the carrier loses his right to limit if the loss, damage or delay results from a personal act or omission done with intent or recklessly knowing that the loss or damage would probably result. The carrier also loses his right to limit if he carries goods on deck in breach of an express agreement to carry them under deck. The type of claims in respect of which the carrier may claim the right to limit has also been expanded under the RR to now include claims of tort and bailment and also mis-delivery (article 59.1). This is wider in scope than the provision under the HVR, which limited the right to limit to claims for loss or damage related to the goods. Under the RR time for suit has been extended from the HVR 1 year period to 2 years. The RR has raised levels Liability compensation, the carriers liability is limited to 3 SDRs per kilo or 875 SDRs per package. At present The HVR limits carriers liability to 2 special drawing rights (SDRs) per kilo or 666 SDRs per pa ckage whichever is the higher. 2. The following elements of the RR do not exist under the HVR of 1968. Changes in technology, trade and disputes of liability have validated the provisions of Electronic Commerce, Delivery of the Goods, Maritime Performing Parties, and Transfer of rights, Jurisdiction, Arbitration and Carriage beyond the sea leg to be included. Electronic Commerce Under the RR all the transport documents are recorded in an electronic transport document record, with the consent that the electronic transport record is with the carrier and the shipper. It should also have the same effect as the transport document (or bill of landing), possession or transfer of a transport document. It is anticipated that by including such provisions the Convention will be equally applicable to electronic trading. Delivery of the Goods As per the contract of carriage, the consignee has to accept the delivery of goods within the specified time period and at the decided location in the contract, and if the consignee fails to follow the terms of agreed agreement, the following could occur, Customs. Usages or practices of the trade. The circumstances of the carriage. In addition under the RR provisions a carrier can deliver the goods without production of the original transport document in prescribed circumstances, where the transport document which states delivery of goods without production. However the method is evaded with caution and does not give total protection to a carrier, in particular if a third party has acquired rights against the carrier before delivery, of which the carrier is most unlikely to be aware. Rights of the controlling party: The right of control is limited for the controlling party in the following ways: Right to modify in respect of goods, that does not constitute any variation in the contract of carriage. Right to obtain delivery of goods. Right to replace the consignee by any other person including the controlling party. Maritime Performing Parties Performing party is a person(s) or party that performs contract of carriage under carriers obligation with all the obligations of the receipts, loading, handling, unloading and delivery of the goods. Introduced under The RR obligations and liabilities of maritime performing parties says a party other than the contracting carrier who performs any part of the sea leg or provides services ancillary to the sea leg. Stevedores and terminals acting normally as sub-contractors of the carrier would be maritime performing parties as would sea carriers performing under an e.g. a bill of lading, now Transport Document. Such a performing party is subject to the same liabilities and responsibilities as the carrier but essentially only whilst it has custody of the cargo. Regardless, the carrier remains liable in the contract of carriage for the whole performance. Transfer of rights: Article 57 of the RR regulates the manner in which the holder of a negotiable transport document may transfer the rights incorporated therein. Article 58 regulates the situations in which the holder of a negotiable transport document assumes liabilities under the contract of carriage. Jurisdiction and Arbitration Under the Court Jurisdiction provision of the RR, a claimant with a wide choice of jurisdictions connected with the carriage namely domicile of the carrier, unloading port, delivery of the goods, or discharge port, in which to bring claims. It also prevents a carrier from commencing pre-emptive proceedings. The provision provide parties with the contract of carriage where they can agree the carriage of goods and its related disputes under the RR can be referred to arbitration and that the arbitration proceedings shall take place either as agreed in the arbitration agreement or at the option of the claimant in any of the jurisdictions specified under the jurisdiction provisions. Carriage beyond the sea leg In contract of carriage between states, the following rules will apply: Place of receipt Port of loading Place of delivery Port of discharge is in a contracting State (Article 5, Rule 1). It will not apply to charter parties for use of a ship neither in liner transportation or carriage in non liner transportation until there is no charter party and a transport document is issued (Article 6 Rules 1 2).

Alcoholism Is A Severe Disease That Affects Many People...

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Introduction of Tourism and Hospitality Management

Question: Discuss about theIntroduction of Tourism and Hospitality Management. Answer: Introduction There are many factors that influence the tourism choice of the visitors. Those are commonly known as push and pull factors. Push factors are those, which drive a person to take a vacation and visit places; and pull factors are generated by a destination, that is, the factors, which motivates a person to choose one destination over the others (Mason, 2015). Among the given destinations, the most preferred three destinations are Bali, United Kingdom and Italy, and least preferred choices are Brazil, Russia and Kenya. The common pull factors behind the selection of the top two destinations, Bali and United Kingdom are the history, culture, nature, events and festivals, food, beverages and culinary practices, and other leisure activities. Both the countries have extremely rich history and culture belonging to more than thousand years. They have unique food habits, and traditional events and festivals. The serene white beaches and blue water of the ocean is the major attraction of Bali, along with the historic temples situated in many parts of the country. Although it is a tropical island, the weather is very comfortable for the global tourists (Utama, 2015). Similarly, UKs major attractions are the historical churches, buildings such as Big Ben, street joints like Piccadilly Circus, Trafalgar Square and its coastline. The pull factors for the bottom two destinations, Russia and Kenya are not attractive enough compared to the top two destinations. Both the countries have extreme weather conditions. Kenya is a tropical country in the continent of Africa. The weather is extremely hot. Kenya is popular only among the wildlife lovers and photographers. Apart from Masai Mara national reserve, Kenya does not have any other attractions. Russia is the largest nation of the world, and has a rich history and culture. It has some very popular tourist attractions like Trans-Siberian Railway, Lake Baikal, Mount Elbrus, Khizi Island, Valley of geysers, etc., but it is situated far north of the world, which makes travelling costlier for an average tourist. The weather is mostly very cold, which is another drawback. Language barrier is another problem for tourism in Russia (Whang, Yong Ko, 2016). Apart from the above-mentioned destinations, one more interesting place to visit is Hawaii. The island has a combination of sea, mountains and volcanoes. It is a beautiful island on the Pacific, with full of natures gift. It has a unique culture and food. The Hawaiian Aloha is famous worldwide. The existence of volcanoes just beside the waves of the ocean is a pleasure to experience (Gabdrakhmanov Rubtsov, 2014). The general travel advice for visiting Italy is to pursue normal safety precautions. There will be an imposition of temporary controls in the borders for additional security due to the G7 Summit in Taormina from 10th to 30th May, 2017. This might cause delays at the airports and other border crossings. Travellers are advised to stay cautious about thefts, like pickpocketing, bag snatching, and car burglaries. They are also advised to stay careful about any sudden natural calamities such as earthquakes (Smartraveller.gov.au, 2017). The travel advice is a normal precautionary advice. There is no particular threat or emergency situation going on in Italy. Hence, the travel advice would not discourage people to visit the country. The average footfall might be lower during the G7 Summit, but it would not affect much the summer crowd in Italy. The tourist generating region for Italy is the whole world, particularly, the countries of Europe, Asia, United States and Australia. The main tourist destination regions of Italy are Rome, Vatican City, Venice, Pisa, Milan and Florence. All these destination regions are historical with a rich culture of renaissance. The tourism industries of both the tourist generating and destination regions are very developed. The travel advice would not cause any serious tensions among these regions. The travellers prefer to visit Italy during summer and the travel advice does not cause any barring condition for visiting the country (Mason, 2015). The most recent experience of the author as a tourist is to visit USA for educational purpose. He falls under the category of International stayovers tourist according to Lawton and Weaver (2014). He went to University of New York for a conference of five days. Although he travelled as a student, for educational purpose, he utilized his spare time by travelling the New York City as much as he could. He also explored the cosmopolitan culture of NYC and experienced the taste of global cuisines. Overall, it was an enriching experience for the author. References: Gabdrakhmanov, N. K., Rubtsov, V. A. (2014). Tourist and Recreational Positioning of Tatarstan Republic: Cluster Analysis.World Applied Sciences Journal,30(MCTT)), 202-205. Lawton, L. J., Weaver, D. (2014).Tourism management. John Wiley Sons Australia, Ltd.. Mason, P. (2015).Tourism impacts, planning and management. Routledge. Smartraveller.gov.au-Italy. (2017). Smartraveller.gov.au. Retrieved 23 April 2017, from https://smartraveller.gov.au/Countries/europe/southern/Pages/italy.aspx Utama, R. (2015). Destination Image of Bali Indonesia in the Perspective of Senior Foreign Tourists. Academia.edu. Whang, H., Yong, S., Ko, E. (2016). Pop culture, destination images, and visit intentions: Theory and research on travel motivations of Chinese and Russian tourists.Journal of Business Research,69(2), 631-641.

HR Planning and Recruitment Factors Samples †MyAssignmenthelp.com

Question: Discuss about the HR Planning and Recruitment Factors. Answer: Factors that May impact Organization attraction of Talents for events and conference manager An environmental scan was carried out with an objective of examining the factors that are likely to affect the organizations ability to attract talent both in the short-term and long-term. These factors were classified into two: internal and external factors. Internal Factors These are the factors which the management has the power to control. These include recruitment policy, size of the organization, and cost of recruitment, Recruitment policy This is a significant aspect of HR planning for it contains the specific recruitment objectives and a framework for the implementation of the recruitment strategy. A good recruitment strategy should ensure equality and all applicants treated with dignity and respect, transparent, and in line with regulations on hiring. Potential employees are likely to be un-attracted by policies void of all or some of these features. Firm Size Prospective employees would like to engage themselves with developed organizations because they believe in such an environment the growth opportunities are numerous (Atkinson Storey, 2016). Recruitment cost Since the process of recruitment incurs a cost to the company, the management may settle for a method which is much cheaper at the expense of the quality of recruitment. This may end up attracting talents that are not best qualified for the position. External factors These comprise of external forces that the firm has no power over. Demand and supply If the demand for events and conference managers is high in the labor market, then there will be limited supply of potential candidates and vice versa (Shafique, 2012). Goodwill If the organization has a positive image to the public, then it will attract many potential employees compared to when it has a negative public image (Kim Park, 2011). Legal environment Specific government and union regulations do restrict the type or source of a candidate for employment. For stance, the Indian legislation on reserved jobs for specific castes (Siavelis, 2012). This limits the freedom of the HR to select the best performing candidates External Recruitment Strategy Recruitment Time outline November December 2017 The recruitment strategy meeting The recruitment team from the Human Resource department will meet to deliberate on: Methods of recruitment Job advertisements- will involve the use of local and international newspapers and recruitment fairs. This is an economical method, and many people are likely to be reached. Personal recommendation- Current employees will be allowed to recommend any competent candidate. This process is short and has high chances of getting the right candidate because the employees would like to safeguard their reputation Events Places like seminars and conferences can be used to get the target candidate. This method is trial and error, but its concise and has high chances of getting the right candidate. Any foreseeable recruitment challenges such as permanent vs. seasonal candidates, the flexibility of the candidates, and the issue of distance. Recruitment for long-term The recruitment process Posting of position- on job boards Posting closed all applications accepted until the specified closing date and time Applications reviewed and shortlisting- applications are reviewed, examined and vetted. Only the selected ones are contacted Shortlisted candidates forwarded to the HR department for selection References Atkinson, J., Storey, D. J. (Eds.). (2016).Employment, the small firm and the labour market. Routledge. Kim, S. Y., Park, H. (2011). Corporate social responsibility as an organizational attractiveness for prospective public relations practitioners.Journal of business ethics,103(4), 639-653. Shafique, O. (2012). Recruitment in the 21st Century. Siavelis, P. M. (2012).Pathways to power: Political recruitment and candidate selection in Latin America. Penn State Press.