Claims

The client must present the claim in writing to the air carrier in cases of damaged, lost, delayed, or pilfered cargo. The claim can be sent by fax, regular mail, or delivered in person.

There are two types of claims:

1. Preliminary Claim:

Through this Claim, you will give notice of the problems related to your shipment to the local air cargo office. This office will direct your Claim to the corresponding department. The Claim will be considered as a "preliminary notification" (air protestation), and will be filed and backed up.

The Claims Department will not deliver a response to the client until a "Formal Claim" has been presented, as it might involve an apparent problem that can be solved without major consequences.

If, subsequently, you wish to formalize the "Preliminary Claim" in order to request for compensation, you must present a "Formal Claim".

2. Formal Claim

Reception of a "Formal Claim" will set forth an evaluation of your case. The Claims Department will open a case file and deliver a response in writing within the following 5 working days from the date on which the formal complaint was received.

Once the evaluation has been completed, you will receive a reply from the Claims Department. If all the required documents have been filed, you should expect a response according to the attached table.

Requirements for Processing Claims:

A Formal Claim must include the following:

• Formal letter with company letterhead detailing the problem.
• Amount for which compensation is expected and way in which mentioned amount was calculated.
• Other documents that must back the claim (if applicable):
• 1. Copy of the Master Air Waybill (MAWB) and House Air Waybills (HAWB)
  2. Commercial invoice
  3. Packing list
  4. Inspection
  5. Certificate of Destruction
  6. Sale Settlement
  7. Subrogation Rights
  8. All documents relating to the shipment that may serve as proof or back the claim.

General Considerations:

The air carrier's responsibility is limited as established by the Warsaw or Montreal Convention (as applicable) and the Transport Agreement.

In accordance with the above treaties that regulate air cargo transportation, the air carrier shall not be liable for:

1. The nature of the shipment, or inherent defects or vices of the goods.
2. Defective packing of the goods, undertaken by anyone other than the air carrier, its employees, or agents.
3. Acts of providence or force majeure events (including wars or armed conflicts).
4. An act committed by the public authorities with respect to the shipment’s entry, exit or transit.

Presentation of claims is subject to Time limits

Also, LAN CARGO is committed in giving answer to your requests, according to the following Response times

If you need additional information please Contact Us

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