Applicability of the Rules to action in tort


The MTO would also need to be protected from claims when they relate to the performance of the contract but nevertheless the claimant seeks to avoid Rules by founding his claim in tort . The rule will not work when there is no contractual relationship between the MTO and the claimant . However , it contains an important protection of the MTO against a possible circumvention of the Rules by the person who has agreed to bound by the Rules .

These Rules apply to all claims against the MTO relating to the performance of the Multimodal Transport Contract , whether the claim be founded in contract or in tort .

There is also a Rule purports to protect the servants and agents and other person employed by the MTO , and thereby indirectly the MTO himself , by stipulating that the same protection which applies to the MTO would also apply to the benefits of any servant , agent or other person whose services the Multomodal Transport Operator has used in the order to perform the MT contract . 

Also in these cases it does not matter whether such claims are founded in contract or in tort .

This Rule is of the same essence as the so called Himalaya - Clauses , which are usually be found in the bills of lading and other transport documents .

It should be noted that the carrier is given the same protection under the Hague - Visby Rules even in the absence of the clause .