Air cargo claim procedures
In the process of air, often received from the customer due to delay or loss of goods to freight forwarders to lodge a claim, the claim can not be timely and properly handle the relations with customers, will be seriously affected, even lose the customer, but in the process, the interests of the freight forwarder is often inconsistent with the interests of the customer or require, the key to solve the contradictions become claim processing. So, first of all should be clear that claim is within the scope of accept freight forwarders. According to the Warsaw convention and the Hague protocol provisions, to formulate and printed uniformly by the IATA article 20 points out that in air waybill transport contract indicate the harvest in the waybill when people encounter the following situations must make a written complaint with the carrier within the stipulated time, do not written complaints in excess of the prescribed time limit, shall be deemed to have been abandoned automatically should enjoy rights. 1. Article 13 ( 3) Regulation: & other; If the carrier admits that the goods have already been lost or goods should be in seven days after the date has not yet arrived, the consignee shall have the right to exercise the rights granted by the contract of carriage to the carrier. ” 2. Article 26 ( 1) Regulation: & other; Unless there is evidence to the contrary, if the recipient no objection when receiving the goods, is considered a baggage or cargo have been delivered intact, and consistent with the document of transport. ” ( 2) Regulation: & other; If has the damage, the recipient shall, after detection of the damage to the carrier immediately filed objection, should be at the latest within seven days after you receive the goods, if there is a delay, should be the latest in 14 days from the date of the goods to the recipient. 3. Article 12 ( 4) And according to article 13, & other; The consignee once receive awb and extract the goods, the shipper for the disposition of the goods is terminated, & throughout; At this time can only be exercised by the consignee to the carrier, complaints to ask for claim rights; “ But if the consignee refused to accept the bills of lading or cargo, or unable to contact the consignee, the shipper will restore his disposition of the goods. ” That is only in such a case the shipper shall have the right to make a complaint about the carrier and claim. And of the shipping agent is usually the consignee then take delivery of the goods by the shipper give oral or written complaints to freight forwarder, in this case, the freight forwarder shall refuse to accept, in order to avoid eventually won't solve practical problems, the time limit stipulated in the delayed instead. It is very important. Next, want to deal with two relations: 1. International trade and international transport of goods. International transportation is one of the important link in the process of international trade, a direct impact. But in terms of its claim procedures, and trade claim program is separate, be independent, because the signings of their legal basis is different, is independent, freight forwarders often receive when dealing with a claim to the shipper & other Consignee after receiving goods, found that the cargo damage, such goods delay reason to refuse to pay check in some or all of the payment for goods, or cancel orders & throughout; On the grounds that the freight forwarder some or all of the trading loss are put forward. This is essentially a kind of trade risks pass on, freight forwarders should be asked to the shipper by luck & other; International trade law & throughout; The law to protect their own interests. Legal even if shipper or consignee shall have the right to claim to each other about trade, should not the airfreight claim to solve as the premise to solve the problem of trade, and put forward the claim in order to the shipping agent within the scope of the requirements. Both this does not apply to the same law category, the shipper in air cargo trade law provisions relating to the rights does not affect the rights, both can simultaneously, or first claim processing trade. 2. Freight charge and claim, freight is the shipper when the goods should be paid to the carrier or the carrier agent cost, this is prior behavior and responsibility, and a claim is in the process of transport of goods, after afterwards behavior or the arrival of the goods at the destination and the right to request, the shipper will be subject to the relevant provisions of the international air transport law of reasonable protection, if the shipper fails to claim to solve on the grounds that refuse to pay freight forwarding freight is unwarranted.