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What should I do if a Venezuelan port is attacked and goods are stranded?The legal risks are exp

  • Author:weiyun.com
  • Source:weiyun.com
  • Release Date:2026-01-19
Recently, Venezuela's important ports have been shut down due to military operations, with ships unable to dock and cargo unable to arrive.This kind of incident may seem "far away from us", but once it happens to your own order, the consequences are often very real: you can't deliver the goods, you can't collect the payment, and the costs are still rising.


From a legal perspective, such situations

It’s not just as simple as “force majeure”,

For freight forwarders,

What aspects require special attention?



Weiyun.com has teamed up with legal experts to help you understand quickly!

1

Sphere Logic Partners


What does the suspension of destination ports mean to freight forwarders?



To put it simply: the performance of the contract is stuck, but the liability is not necessarily automatically relieved.



The inability of a port to operate due to war or military operations can usually be deemed as force majeure or war risk.

But this does not mean that all breaches of contract are ignored; all losses can be borne by others.


Whether you can be exempted from liability depends on how the contract is written and how you operate it.



2

Sphere Logic Partners

Three practical problems most commonly encountered by freight forwarders



If the goods cannot be delivered, is it considered a breach of contract?

01



If your trade contract or transportation contract clearly states that "war and military operations are force majeure",



Under the premise of notifying and providing evidence as required, you can usually claim exemption or postponement of performance.


But if the contract is not clearly written,



The follow-up may involve which country's law applies and who bears the risk, and legal uncertainty will increase significantly.



Who pays for the goods to be changed to a port or shipped back?

02


If the destination port cannot be entered, there are only a few common methods:

Change to a nearby port; wait at sea; return the original ship.



The problem is:

The amount of port change fees, storage fees, demurrage fees, and additional freight costs is not small.


If there are no written instructions in advance and the fee agreement is not clear, it can easily turn into a wrangling or even lead to disputes later.



The goods are damaged, can I still make a claim?

03



If the goods are: damaged by waves at the port; or deteriorate due to long-term detention.The carrier often claims that this is a war risk or force majeure and does not assume liability for compensation.



At this time, the party who wants to claim needs to prove:

Cargo damage is not simply caused by war;

Rather, the carrier has improper operation or management.



This type of proof is not easy to prove and should not be taken for granted.



3

Sphere Logic Partners

Four things freight forwarders can and should do now


Read the contract first and don’t judge based on experience.

Focus on the following clauses: force majeure or war risk clauses; port change, diversion and cost bearing clauses; legal application and dispute resolution clauses.



Many risks are actually clearly written in the contract.


The notice must be notified and a trace must be left.


Including but not limited to: customers; shipping companies or carriers; insurance companies.



Failure to notify in time may directly result in loss of immunity or claim space.



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All operating instructions should be in writing as much as possible.


For example: whether you agree to change the port; whether you agree to return the shipment; who will bear the additional costs first.



One sentence summary:

Keep the evidence first, and then talk about cooperation.


Communicate with insurance companies and professional lawyers as early as possible.


Such incidents usually involve the laws of multiple countries and regions; the claim cycle is long; the amount and outcome are uncertain.

The earlier you get professional advice, the better it will be to control losses instead of passively taking the blame.


——Written at the end


The destination port was suspended due to the war, which essentially exceeded the scope of normal business risks.


For freight forwarders, this is not a simple question of "can they be exempted from liability", but: whether the contract is clearly written; whether there are any traces left during the operation; whether the risks are cut off in time.


In such extreme situations, inaction is often the biggest risk.