FAQ

Is the transport broker a contracting party?

No, the transport broker who intervenes in the conclusion of the contract between a consignor and a carrier is an intermediary who therefore does not assume any obligations resting on the parties to the contract.

However, if he concludes the contract "on behalf of whom it belongs or will belong", the transport broker is obliged to communicate the name of the principal to the third-party co-contractor no later than the start of the performance of the contract.

Failure to communicate or incorrect or late communication does not alter the conclusion of the contract with the principal as evidenced by the transport document.

In that case, however, the transport broker shall be obliged to compensate all damage suffered as a result if this has caused damage.
 

Does the carrier owe compensation to the transport broker?

The law retains the principle that the transport broker is entitled to a fee for his intervention which, unless otherwise agreed, is equal to 5% of the freight and which may not exceed 10% of the freight under penalty of forfeiture.

If more than one transport broker intervenes, the compensation for all intervening freight brokers shall also, unless otherwise agreed, be equal to 5% of the freight and may not exceed 10% of the freight on pain of forfeiture.

However, the law does not say who owes the fee.

Consequently, it is payable by the principal of the transport, unless otherwise agreed.
 

Does the carrier have the right to terminate the contract for carriage of goods on board an inland vessel?

Agreements are always binding on the parties, i.e. they are obliged to fulfil the agreement they have concluded.

But in certain cases, the contract can still be terminated by the carrier, in some cases without being liable for any compensation and in other cases subject to payment of compensation.

In particular, the carrier may rescind or terminate the contract without being liable for any compensation if:

• The carrier cannot meet the reporting date agreed for loading due to force majeure, unless the parties agree on another reporting date.
• The loading time or, in the case of joint loading and unloading time, half the laytime, has been exceeded by 48 hours and the contract has not been concluded based on a daily or monthly rental.
• When the consignor does not provide in writing, prior to handing over the goods, the required information concerning the goods to be carried, including, in the case of dangerous or environmentally hazardous goods, information on the danger and environmental risks inherent in the goods, as well as the precautions to be taken.

If during the execution of the contract, the inland vessel sinks, the contract shall end by law.
Also, the carrier may rescind the contract, at the risk of paying compensation, if:

• If the inland vessel, without having been wrecked, proves to be so damaged during the performance of the contract that, in the carrier's opinion, it is not worth repairing, necessary for the performance of the contract, or such repair is not possible within a reasonable time.

Is the carrier entitled to compensation if the loading or unloading time or demurrage time is exceeded, and do the provisions of the R.D. of 2011 on demurrage and demurrage continue to apply?

In all cases in which the inland vessel, from the notification of arrival at the loading or unloading place until its departure there, remains longer than the loading or unloading time or the jointly stipulated loading and unloading time, which is then referred to as "laytime", the carrier shall be entitled to compensation for all damage it suffers as a result, unless the delay is due to force majeure or the fault of the carrier itself.

The compensation, called demurrage, may be specified in the contract, failing which the carrier must prove the damage.

The King can designate indicators for calculating compensation and, until these indicators are determined, compensation may still be determined in accordance with the 2011 R.D. on lying time and death time.

This R.B. will remain in place until indicators on demurrage are established by the King.

Compensation is due right after the end of the loading or unloading time, without notice of default.
 

Can the carrier claim extra demurrage, as provided for in the Inland Freighting Act of 5 May 1936?

The additional demurrage regime was not retained in the new regime because the carrier can now terminate the contract much sooner than before if the loading or unloading time or laytime is exceeded and, moreover, unless otherwise agreed and provided the vessel is ready for loading or unloading, the loading or unloading time or laytime now starts to run as soon as the carrier has notified its arrival at the loading or unloading place.
 

Can hire-purchase agreements and bareboat charter agreements be registered in the Inland Vessel Register?

Under the old legislation, only rights in rem on an inland vessel could be registered, with rights in rem being ownership, mortgage, usufruct and a few privileges on inland vessels listed in the legislation.

The right in rem is a right that rests on a thing with an immediate and direct connection between the person and the thing.

Both agreements evidencing a right in rem over a ship and deeds and judgments evidencing the establishment, transfer, designation or nullification of rights in rem over a ship, a ship under construction, a ship under conversion or ship's accessories could be registered.

In contrast, lease rights, whether under a hire-purchase agreement or a bareboat charter, are considered personal rights, i.e. rights enforceable only against the debtor, i.e. the person who granted the lease right on the basis of a contract.

Under the new legislation, hire-purchase agreements and bareboat charter agreements can be registered in the inland waterway vessel register, making the resulting personal rights, like rights in rem over a vessel, enforceable against third parties, i.e. third parties can thus no longer challenge the existence of those personal rights.

Where can I find the rules for registration of an inland vessel?

The Navigation Code contains the general principles related to registration, but not the specific rules. The latter are contained in a R.D. dated 7 March 2024 (BS. 14 June 2024), which came into force on 1 September 2024.

Inland navigation vessels may be registered in the Belgian Register of Inland Navigation Vessels if they have a Unique Vessel Identification Number (ENI number) or if they are owned for more than 50% by natural persons having their domicile or residence in Belgium or legal persons having their actual seat in Belgium, or operated from Belgium, or used within the European Economic Area or Switzerland or in Moldova, Ukraine or Serbia.

Can an inland vessel under construction be registered?

The R.D. of 7 March 2024 expressly provides that a ship under construction can be registered.

More to the point, registration is mandatory if the inland vessel is under construction in Belgium.

A ship under construction exists as soon as the construction contract is signed.