SECTION 1 : ABOUT AIR CARGO CLAIMS


1.1 WHAT IS A CLAIM?

A claim is a written complaint demanding for financial compensation from an airline for the loss, delay or damage to a shipment whilst in his care and control pursuant to a contract of carriage. 

The cargo claims platform automatically generates a preliminary of formal claim notice upon completing of the claim form. 
An example of claim notice can be found here


1.2 CONTRACT OF CARRIAGE

A contract of carriage may be defined as an agreement that is concluded between a carrier and a shipper for the carriage
of goods, in which a carrier, against the payment of freight, undertakes to deliver goods from one port to another.


1.3 LEGAL REGIME

The contract of carriage is governed by:
- Conditions of contract
- The Carriers general conditions of carriage
- The applicable international convention or the domestic law applicable to the contract of carriage

International convention carriage 
- The Warshaw Convention 1929
- The Warshaw Convention as amended by Hague protocol 1955
- The Warshaw Convention as amended by Montreal Protocol n4 1975
- The Montreal Convention 1999

Please note that the conventions do not apply for postal shipments. In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations. [see art.2 Montreal Convention ] 

1.4 APPLICABLE REGIME

International convention carriage
International convention carriage applies if the country of departure and the country of destination are both a party of the same convention or if the carriage takes place within the territory of one single convention member country with a stopover in the territory of another country which is not a party of the convention.

Non international convention carriage
Non international convention carriage applies if the either the country of departure or country of destination is not a party to an convention 

Domestic carriage
Domestic carriage applies if the carriage takes place wholly within one country.

 
In the event non-conventional carriage or domestic carriage applies, the claims handler is advised to refer to the applicable local law and contractual conditions of carriage.

To determine which liability regime applies, you may consult our liability regime index:
https://cargoclaims.aero/cms?path=/cargoclaims/docs/liability_regimes

For signatory information visit: 
https://www.icao.int/secretariat/legal/lists/current%20lists%20of%20parties/allitems.aspx

1.5 LIMITS OF LIABILITY

 
WARSAW amended by Hague protocol

Under the Warsaw convention amended by Hague protocol, the limit of liability does not apply if it is proved that the damage resulted from an act or omission from the carrier, its servant or agent, was done with the intent to cause damage or was caused due to recklessly with the knowledge that damage would probably result. 


MONTREAL CONVENTION

Under the Montreal protocol no4 and Montreal convention the limits of liability to cargo can not be broken. This also applies in the event that is has been proven that damage resulted from an act or ommission on the part of the carrier or its servants done with the intention to cause damage or recklessly with the knowledgde that damage would probably result.
 

Declaration of value and insurance

The carriers liability can be increased if the shipper has provided a declaration of value and has paid the carrier a valuation charge. The shipper may also purchase an insurance from the carrier directly, is this service is offered, or purchase an insurance privately.