Air cargo claims procedure. Simplified.

With ocean freight rates skyrocketing, blank sailings and port congestion soaring  for some shippers, air freight is a serious alternative to consider, in particular if cargo is sensitive, short shelf life, and expensive.

It is a common mistake to think that cargo shipped by air rarely gets damaged or is always insured. Nothing can be further from the truth.

At some point, almost every organisation that ships cargo will experience loss or damage in the supply chain.

We want to help you simplify the procedure for air cargo claims.

What is an air cargo claim?

An air cargo claim is a written complaint demanding financial compensation from an air carrier for the loss of or damage or delay to cargo whilst in his care and control pursuant to a contract of carriage.

What is the the legal basis for air cargo claim:

A carrier is contractually obligated to deliver a shipment as follows: 

• In the same condition/state in which they accepted the cargo.
• Complete, i.e. the same number of packages as they accepted.
• On time.

What are the time limits for presenting a claim?

Based on the Montreal Convention (whichever applies), it defines the responsibilities of the contracted party in the air transport of international freight, and time limitations to claim from the moment in which the shipment delivered to consignee at its destination are:

Types of claim and number of days claim must be submitted by:

• Total loss – 120 days from issuance of airway bill
• Partial loss – 14 days from receipt of goods
• Damages – 14 days from receipt of goods
• Delay – 21 days from when the cargo was placed at disposal of the consignee.

Who can submit a claim to the airline?

The formal claim must be presented by the shipper or consignee that appears on the master air waybill. If the agent or any third party – like recovery agents or insurance company – wants to submit the claim – they must submit a Subrogation letter or letter of assignment  from the contracted parties on the Master Air Waybill along with all the documents.

What are the most important claim documents?

Air Waybill: Shipper’s commercial invoice: Provide the original vendor’s invoice for the lost or damaged merchandise to indicate the value of the goods claimed.

Packing list: Provide the packing list indicating the quantity and weight of the items in each box.

Subrogation receipt or letter of assignment: Document  authorizing third party  to act on behalf of the shipper or consignee.

Repair or parts replacement bill: If the damaged goods are repairable, provide estimate or receipt from an established repair facility.

Documents providing the extent of damage.

Proceeds of salvage and/or an official destruction certificate.

Note that this is not a full list. Additional documents could be requested depending on the specific circumstances of the claim.

Cargo damage in transit can be stressful, confusing, and time consuming. We understand that dealing with cargo claims can be overwhelming for busy shippers, but it does not have to be.

Contact us today: info@recoupex.com