Air cargo claim procedure

According to the provisions of the Warsaw Convention and the Hague Protocol, Article 20 of the Transport Contract is uniformly formulated and printed on the Air Waybill by the IATA. It states that the Receiver specified in the waybill must make the complaints to the carrier within the stipulated time when the receiver meets the following conditions. If no complaints are made beyond the prescribed time limit, it deems to have automatically waived the rights.

1. Article 13(3) stipulates: “If the carrier acknowledges that the goods have been lost or the goods have not arrived seven days after the date of arrival, the consignee has the right to exercise the rights conferred by the contract of carriage to the carrier.”

2. Article 26 (1) stipulates: “If the recipient has no objection when accepting the goods, the baggage or the goods are deemed to have been delivered in good condition and in accordance with the shipping certificate. Unless there is evidence to the contrary. ” (2 ) stipulates: “If there is any damage, the recipient shall immediately file an objection with the carrier after the damage is found. At the latest, it shall be submitted seven days after the receipt of the goods. If there is any delay, the goods should be delivered at the latest. The objection is filed within 14 days from the date of the person’s domination.

3. Article 12 (4) and Article 13 stipulates: “After accepting the air waybill and extracting the goods, the consignee’s right to dispose of the goods shall be terminated.” At this time, only the consignee may exercise the The carrier’s right to complain about the claim; “But if the consignee refuses to accept the shipper or the goods, or is unable to contact the consignee, the shipper will reinstate his right to dispose of the goods.” The next shipper can have the right to file a complaint and claim with the carrier. At present, the freight forwarder usually encounters an oral or written complaint that the consignee receives the goods and then the consignee conveys the goods to the freight forwarder. In this case, the freight forwarder should refuse to accept the case, so as not to finally solve the actual problem. Instead, the prescribed time limit for claims was delayed. this point is very important.

It must handle two relationships:

1. The relationship between international trade and international cargo transportation. International transportation is one of the important links in the international trade process and has a direct impact. However, in terms of its claim procedure, it is separate from the trade claims procedure and is independent because the legal basis for their signings is different and independent, and the freight forwarder often receives the shipper when processing the claim. After receiving the goods, the consignee finds some or all of the trade losses to the freight forwarder on the grounds that the goods are damaged, the goods are delayed, etc., and some or all of the purchase price is refused, or the future orders are cancelled. This is essentially a transfer of trade risks, and freight forwarders should require shippers to use the laws of the International Trade Act to protect their own interests. Even if the shipper or consignee is legally entitled to file a trade claim with the other party, the resolution of the air cargo claim should not be used as a precondition for resolving the trade problem, and the freight forwarder should be required to make a claim within the scope of the claim. The two do not apply to the same legal scope. The shipper’s rights in air cargo do not affect the rights in the relevant provisions of the trade law. Both can be carried out at the same time, or the trade claims can be processed first.

2. The relationship between the collection of freight and the claim, the freight is the cost that the shipper should pay to the carrier or the carrier when it is consigned, which is the act and responsibility beforehand, and the claim is in the process of transporting the goods, or the purpose of the goods. After the post-event behavior and rights requirements, the shipper will be reasonably protected by the relevant provisions of the International Air Transport Law. If the shipper fails to settle the claim, the freight forwarding fee is unfounded.