48 CARGO CLAIMS
Submit cargo claims on time and to the correct party The Montreal Convention regulates carriers’ liability in international aviation. According to the Montreal Convention the carrier has a socalled ‘Obligation of Result’. For this reason, the carrier should deliver goods without delay and in the same condition as when the goods were accepted.
the Unification of Certain Rules for International Carriage by Air, Montreal, 28 May 1999. The most common problems in claim handling are that claims are not submitted on time and not always with the correct party. This can lead to most unfortunate consequences if it actually comes to recovering costs from the airline. The airline will immediately refuse the claim in these circumstances as the claim had not been submitted on time and/or not submitted to the correct party. In the case of damage, the addressee must file a complaint with the carrier immediately upon discovery of the damage or, at the latest, within seven
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or the period that the goods are in the air carrier’s possession for their transport, the carrier is liable for damage and for losses due to delay. The air carrier shall not be liable for any consequen-
Cargo Magazine
tial damage. In order to be able to make a claim for compensation it is important that this damage or loss is registered in a timely manner with the airline. The prescribed time limits are laid down in the Convention for
The most common problems in claim handling are that claims are not submitted on time and not always with the correct party.
