What are the legal foundations for air freight transportation?
January 7, 2023 | 40,00 EUR | answered by Xenia Lahn
Dear lawyer specializing in transport and freight law,
My name is Artur Bauer and I am the managing director of a company that regularly transports goods by air freight. Lately, we have been experiencing an increasing number of problems with delayed deliveries and damaged shipments, which have resulted in financial losses. I am concerned about the legal framework for air freight transport and wonder what claims I, as the client, can make in case of damages or delays.
Currently, we regularly work with various airlines and enter into contracts for the transport of our goods. However, we still encounter problems that cost us time and money. I am not sure if we, as the client, are adequately protected and what legal regulations exist for air freight transport.
My concerns lie in the fact that as a company, we rely on smooth deliveries to satisfy our customers and run our business successfully. If there are further delays or damages, this could have long-term effects on our company.
Therefore, I would like to ask you about the legal framework for air freight transport and what measures we can take to better protect ourselves as clients. Are there specific contract clauses that we should consider when working with airlines? And what steps can we take if problems arise during transport?
Thank you in advance for your support and advice.
Sincerely,
Artur Bauer
Dear Mr. Bauer,
Thank you for your inquiry regarding the legal basis for air freight transport and possible claims as a client in cases of damages or delays. It is understandable that you are concerned about the smooth handling of your transports, as they are crucial for the success of your company.
In the field of air freight transport, various legal regulations apply, both at national and international levels. The air freight transport is generally regulated by the Montreal Convention, which establishes international liability regulations for air freight transport. In addition, national laws, regulations, and the General German Forwarding Conditions (ADSp) for air freight transport may also apply depending on the case.
As a client, you generally have various claims in cases of damages or delays during the transport of your goods by air freight. The most important claims include compensation claims arising from legal regulations and contractual agreements. If your shipment arrives damaged or delayed, you usually have the right to compensation in the form of monetary payments to compensate for the incurred damage.
To better protect yourself as a client, you should pay attention to special contract clauses when cooperating with airlines. This includes, for example, agreeing on liability limitations or setting out damage regulations in case of delays. It is advisable to carefully review contracts and agreements and, if necessary, seek legal advice to protect your interests as best as possible.
In case of problems during air freight transport, you should react promptly and inform the airline. Document all damages or delays and contact the transport company to find a solution. If necessary, you can take legal action to assert your claims and recover the incurred damage.
I hope this information helps you and gives you an overview of the legal basis and options in the field of air freight transport. If you have any further questions or need individual advice, I am at your disposal.
Yours sincerely,
Xenia Lahn
Attorney specializing in transport and forwarding law
