4.2 “the person” - who may be a sub-carrier?
Anyone - a natural person or a company - can be “sub-carrier”, just as anyone can give a cargo owner a promise of carriage. Whether the undertaking will be fulfilled, as promised or as obligated by law, is another matter. As an example, the sub-carrier’s vessel might not be sufficiently cleaned and the cargo is therefore damaged, or the loaded voyage is not performed “with due dispatch”. Such failures may lead to a claim from the contracting carrier,(1) E.g. a claim for extra expenses when chartering substitute tonnage, or a recourse claim where the contracting carrier is held liable for cargo damage. and/or a claim from the cargo owner.