A proper contract
Avv. Michela Masoero – Horses and Law
horsesandlaw@gmail.com – www.horsesandlaw.it
Horse transport has been a topic of discussion for a long time.
Generally the focus is on the regulations governing the person that can transport horses, the method of transport used, etc.
A professional company to transport our horses constitutes a ‘contract of transport.’
Effectively we have a transporter (carrier) who agrees to transport a horse from one place to another, applying the general rules of transport contracts (Article 1678 of the Civil Code) and specific European regulations about the protection of live animals, such as EU Regulation 1/2005.
This entails duties and rights for both parties.
Since there is no specific legislation for the equestrian world, the horse transport contract falls into the contract for the transport of movable property.
A transport contract, as stated in Article 1678 of the Civil Code, entails a contract by which one party (the carrier) undertakes, in exchange for payment, to transport goods from one place to another.
A contract of carriage is a consensual contract with reciprocal performance, and is onerous and of free form.
‘Consensual contract’:
the agreement between the parties is sufficient for the existence of the contract and the related obligations.
‘Performance-based contract’: both parties have an obligation.
‘Onerous contract’ means that a fee is paid for the service.
‘Free-form contract’ means that a written contract is not required; a so-called ‘handshake’ is sufficient, in which case a verbal contract is established.
The sender (the owner of the horse is the person who, by paying a fee, is entitled to the transport service.
The carrier (the transporter) is the person who undertakes to transport the goods from one place to another, delivering them to the designated person at the designated place.
This contract entails obligations, rights, and responsibilities.
The horse owner is responsible for:
Delivering the horse healthy and in good physical condition to be transported.
Ensuring the horse’s documents are in order, including the necessary health certificates.
Providing the documents for the horse’s transportation (form 4, traces, etc.).
Providing the transporter with information on any precautions he must take.
The transporter will have a series of responsibilities for the transport of the animal.
As stated in Regulation (EC) No. 1/2005, the third-party transporter is responsible for the well-being of the horse, but exclusively in relation to the animal’s travel conditions.
The transporter is responsible for:
Suitability of the vehicle (cleanliness, health checks, suitability for the length of the journey, adequate flooring, adequate ramp, partitions, ventilation, etc.).
Necessary documentation for the vehicle.
Ensure the horse’s transport documents (form 4, traces, etc.) are provided.
Ensure the horse’s well-being during the journey: avoid traveling in high temperatures, plan straight and even routes, avoid sudden braking, fast turns, prefer traffic-free times, check for any road or tunnel closures, etc.
Loading and unloading the horse: ensure the ramp is not slippery and use caution when loading and unloading, and ensure the landing is on a non-slip surface.
Therefore, the carrier is liable for damage to a horse during transport only if it is the result of negligence, incompetence, or imprudence, or failure to comply with regulations.
For exemple, if the vehicle is not in suitable condition, or if the carrier fails to act with due diligence and skill.
The carrier cannot be held liable for damage caused to a horse as a result of an unforeseeable event.
For example, he will not be liable for an injury resulting from a kick from the horse during the journey, given the unpredictable nature of the animal.
There are cases in which the transporter is also responsible for stabling the horses
The owner may request that the transporter delivers the horse one day after arrival at the destination.
The transporter will therefore be responsible for the horse even while he is stabled.
They must provide adequate stabling space, provide water and food for the horses, and also provide hand-walking.
The journey is long enough to require one or more stops along the way.
EC Regulation No. 1/2005 stipulates that for long journeys, horses require regular rest periods.
Generally, rest periods must occur every 8 hours (the travel period may be extended by two hours if in the best interests of the animal).
In this case, the transporter is responsible for the horses even while they are stabled. He may request the owner to reserve the stabling space in advance, or he may arrange it himself.
In any case, before leaving it is necessary to ensure that the stables are booked and suitable for the horses.