
RULE NO. 115: CLAIMS/ACTIONS - PROCEDURES AND TIME
LIMITATIONS:
- Receipt without exception or complaint by the
person entitled to delivery of the cargo is prima facie evidence that the same
has been delivered in good condition and in accordance with the contract of carriage.
- No action shall be maintained in the case of
damage to or partial loss of cargo unless a written notice sufficiently describing
the cargo concerned, the approximate date of the damage, and the details of the
claim is presented to an office of carrier within fourteen (14) days from the
date of receipt of the goods, in the case of delay unless presented within fourteen
(14) days from the date the cargo is placed at the disposal of the person entitled
to delivery of the consignment, and in the case of loss (including non-delivery)
unless presented within one-hundred twenty (120) days from the date of issue of
the air waybill.
- All other claims, except any claims relating
to personal injury or death, and claims for overcharges, must be made in writing
within one-hundred fifty (150) days from the date of issue of the air waybill.
- Any right to damage in connection with any claim
other than a claim relating to personal injury or death and claims for overcharges
against carrier shall be extinguished unless an action is brought within two (2)
years after the occurrence of the events giving rise to the claim, or the air
waybill date, whichever is most recent.
EXCEPTION: The carrier will not be liable in any action
brought to enforce a claim unless the applicable provisions of this rule have
been complied with by the claimant and unless such action is brought within two
(2) years after the date written notice is given to the claimant that the carrier
has disallowed the claim in whole or in part.
- All merchandise must be retained in the original
shipping container for a period of five (5) days after the Carrier has received
notice of damage or concealed loss, in order that the Carrier may make inspection
thereof.
- No claim for loss or damage to a shipment will
be entertained until all transportation charges thereon have been paid. The amount
of the claim may not be deducted from transportation charges.
