Legal Definitions - sobrestadia

Sobrestadia refers to the additional time a carrier, such as a ship, truck, or train car, remains at a loading or unloading point beyond the period initially agreed upon or allowed without charge. It also refers to the financial penalty or charge levied by the carrier for this extended delay. Essentially, it is a fee for occupying the carrier's equipment or space longer than permitted by the contract or standard terms.

Here are some examples to illustrate how sobrestadia applies:

• International Shipping:

  Imagine a large container ship arriving at a port to deliver electronics. The shipping contract allows the recipient company 72 hours of free time to clear customs and unload the containers from the vessel. However, due to an unexpected port strike, the containers cannot be accessed and removed for an additional 48 hours beyond this initial free period.

  In this scenario, the extra 48 hours that the ship's containers were occupied beyond the agreed-upon 72-hour free period constitute sobrestadia. The shipping company would then charge the recipient a daily or hourly fee for these two additional days of delay, which is the sobrestadia charge.

• Road Freight:

  Consider a trucking company delivering a specialized piece of machinery to a factory. The agreement states that the factory has 4 hours to unload the truck upon its arrival without incurring any additional fees. Unfortunately, the factory's designated unloading bay is unexpectedly blocked by another vehicle, causing the truck to wait for 6 hours before it can begin unloading.

  The 2 hours beyond the initial 4-hour free period represent sobrestadia. The trucking company would typically bill the factory for these additional 2 hours of delay, covering the driver's waiting time and the truck's unavailability for other jobs. This charge is the sobrestadia fee.

• Rail Transport:

  A freight train delivers several railcars filled with raw materials to a manufacturing plant. The contract between the rail company and the plant specifies that the plant has 24 hours to unload each railcar before it must be returned to the rail network. However, a sudden equipment malfunction at the plant's processing line prevents them from unloading the railcars for an extra 36 hours beyond the agreed 24-hour free period.

  The additional 36 hours that the railcars were occupied beyond the initial free time is considered sobrestadia. The rail company will charge the manufacturing plant a daily rate for this extended use of their railcars, compensating for the equipment being tied up and unavailable for other shipments. This charge is the sobrestadia fee.