Damaged packages, unusable goods or a break in the cold chain: following delivery by air, the priority is to record the damage and immediately protect the applicable time limits.
In France, liability for the carriage of goods by air is governed by the Montreal Convention, including where the carriage is domestic.
A written complaint within 14 days
In the event of damage, the consignee must make a written complaint to the carrier immediately upon discovering the damage and, at the latest, within fourteen days of receipt.
In the event of delay, the time limit is twenty-one days from the date on which the goods were placed at the consignee’s disposal.
The consequences are significant: without a timely complaint, proceedings against the carrier are generally inadmissible.
These complaint periods must be distinguished from the two years period for bringing an action for liability.
Securing evidence immediately
Packaging, photographs, delivery records, temperature logs and any evidence helping to establish when and where the damage occurred should be preserved.
These documents should be cross-checked against the air waybill (AWB), invoices and correspondence with the parties involved.
Where the journey also involves road carriage or handling, the timeline becomes essential to identifying the stage at which the damage occurred.
Limits on compensation
Carrier liability does not necessarily result in reimbursement of the full value of the goods.
Since 28 December 2024, the cargo liability limit has been 26 Special Drawing Rights (SDRs) per kilogram, subject in particular to any special declaration of interest in delivery made in accordance with the Convention.
The relevant weight, the nature of the damage and any declarations made before shipment must therefore be examined before quantifying the claim.
Was the complaint made within the correct period, and does it still effectively preserve the claim against the air carrier?
Are you dealing with damage, loss or delay affecting goods carried by air? Contact the firm..