New rules for contracts to carry goods by road and rail

Automatic summary, not yet reviewed

1. The law regulates the contract under which a carrier, for a price, agrees to move goods from one place to another and make them available to the person named in the contract. It replaces outdated rules from the 1885 Commercial Code.
2. It identifies the parties to the transport: the shipper (who hires it), the carrier (who performs it), the consignee and the sender. Intermediaries such as freight forwarders and transport agencies may only contract in their own name, taking on the carrier's position.
3. It regulates the consignment note, the document listing the details of the transport (goods, price, consignee, etc.). It can be issued on paper or electronically if the parties agree, and it serves as proof of the contract unless proven otherwise.
4. It sets who loads and unloads: as a rule the shipper loads and the consignee unloads, but in parcel and similar services these tasks fall to the carrier. It also sets compensation if the vehicle is held up for more than two hours.
5. It sets the carrier's liability for loss, damage or delay, with compensation limits (one third of the IPREMIPREM A Spanish public income index used to calculate compensation amounts. per kilo) and grounds for exemption. The shipper may declare a higher value in the consignment note by paying a supplement.
6. It includes special rules for moving services (a written quote in advance, packing and assembly duties) and for multimodal transport. Claims arising from the contract generally expire after one year.

Who it affects

• Road and rail freight companies: They must use a consignment note, answer for the goods and follow the liability limits.
• Shippers (those who hire the transport of their goods): They must deliver the goods properly packed and documented, and are liable if the consignee was supposed to pay.
• Consignees of the goods: They must file written claims within short deadlines for damage, loss or delay.
• Intermediaries such as freight forwarders and transport agencies: They may only contract in their own name, taking on the carrier's position.
• Moving companies: They must provide a written quote and, as a rule, handle loading, unloading, packing and assembly.

Words worth knowing

Carta de porte (consignment note)

The document that accompanies the transport and lists its details: goods, price, origin, destination and consignee.

Porteador (carrier)

The party that agrees to carry the goods, even if it later subcontracts others.

Cargador (shipper)

The party that hires the transport in its own name.

IPREM

A Spanish public income index used to calculate compensation amounts.

Prescripción (statute of limitations)

Loss of the right to claim once the deadline set by law has passed.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries