Understanding Article 17 
We believe that transparency and knowledge are the foundation of strong partnerships. Whether you’re a carrier or a client, understanding your responsibilities and rights under the CMR Convention is essential to avoid disputes and ensure fair handling of claims.
Let’s take a closer look at Article 17 of the CMR, which defines the carrier’s liability during transportation—and the exceptions that may apply.
When the carrier is responsible
Under Article 17(1) of the CMR Convention, the carrier is responsible for the total or partial loss or damage to the goods, and for any delay in delivery, from the moment the goods are taken over until they are delivered to the consignee.
In simpler terms, this includes:
Loading: ensuring the goods are handled carefully and properly stowed.
Transit: maintaining safety, security, and temperature (if required) throughout the journey.
Unloading: delivering the goods in the same condition as received.
When the carrier is not responsible
However, Article 17(2) specifies that the carrier is exempt from liability if the loss, damage, or delay was caused by:
- The wrongful act or neglect of the claimant (e.g., incorrect instructions from the sender).
- Defects inherent in the goods (e.g., perishable goods deteriorating naturally).
- Circumstances the carrier could not avoid, and the consequences of which they could not prevent (e.g., extreme weather, road closures, or accidents not caused by negligence).
Additional exemptions under Article 17(4) may include:
- Use of open vehicles requested by the sender.
- Insufficient packing or labeling.
- Handling, loading, or unloading done by the sender or consignee.
When things get complicated
One of the most common situations that leads to disagreements, and sometimes claims, is when the cargo arrives shifted or damaged on the pallets.
The carrier often argues that the problem came from improper palletization or weak packaging, while the client may believe it was caused by rough driving or poor handling during transport.
The truth is, such cases are rarely simple. Even when the driver might be right about the packaging, if they accepted the load without making any note on the CMR, the responsibility still lies with the carrier.
From there, things can escalate: insurance companies launch investigations,
expert evaluators are called in to assess the cause, and in some cases, the matter ends up being settled in court.
That’s why understanding responsibilities under the CMR and communicating clearly at every stage, is essential to prevent misunderstandings and protect all parties involved.
How we see it as a Freight Forwarder
In logistics, things move fast and sometimes, unexpected situations arise. A damaged pallet, a delay on the road, a misunderstanding about who was responsible at loading.
At DS Freight Forwarding, we don’t see these moments as conflicts, but as opportunities to support both sides ( our clients and our carriers). Our team investigates every incident carefully to understand what really happened, ensuring that any decision is based on facts, fairness, and experience.
We also believe prevention is part of good logistics. We take time to advise on proper packaging, labeling, and loading practices, whenever we can. It is valuable for all parties to be aware of their responsibilities before the journey begins and move with the same awareness and respect for the process.
This is our way to keep your supply chain running smoothly and our partnerships strong!
