Liability for transport damage

Transfer of risk in a consumer purchase

In a consumer purchase, the risk of loss or damage does not pass as soon as the seller hands the parcel to the carrier. The starting point is that the risk only passes to the consumer when the consumer actually receives the product. Receipt by a third party designated by the consumer can also be enough, as long as that third party is not the carrier. Think of a family member, housemate or other person whom the consumer has designated to take receipt of the parcel.

This means that the seller bears the shipping risk as long as the parcel is still on its way. So an online shop cannot hide behind the fact that the carrier has registered the parcel as "delivered". What is decisive is whether the consumer, or a third party designated by him, has actually received the product. There is one important exception. If the consumer chooses a carrier himself and that choice is not offered by the seller, the risk already passes when the carrier receives the goods. In practice, however, this does not happen often.

Parcel damaged or lost during shipping

If a parcel goes missing during shipping or arrives damaged, the seller is the first point of contact in the relationship with the consumer. After all, the consumer has a purchase contract with the seller, not with the parcel service. With damage, the product has not been properly delivered. The consumer may then expect a free solution, for example repair or replacement. If that is impossible, takes too long or the seller does not cooperate, a price reduction or termination of the purchase contract may come into play.

If the parcel is lost, the seller must in principle still deliver or refund the purchase price. The consumer does not have to chase the parcel service himself. The fact that the track and trace shows that the parcel has been delivered is not always enough. Certainly when the consumer disputes with reasons that he received the parcel, the seller will have to make it plausible that delivery actually took place. It is, however, sensible for the consumer to report damage as soon as possible, take photos and keep all correspondence with the seller.

Delivery to neighbours, a driveway or a pick-up point

Many disputes arise when a parcel has not been handed directly to the consumer. If a parcel is left with the neighbours without permission, put in the garden, left on the driveway or placed in a porch, that does not automatically mean it has been delivered correctly. The seller often remains responsible until the consumer has actually received the parcel. That is certainly the case when the consumer has not given permission for this method of delivery.

That can be different when the consumer has given explicit permission in advance for a particular delivery option. Think of permission to leave the parcel, permission for delivery to a specific neighbour or delivery to a safe place chosen by the consumer. In any case, it must be clear exactly what permission was given for.

With pick-up points, the story is different again. We may not assume that a parcel that has arrived at a pick-up point counts as delivered to the consumer. A pick-up point can be seen as part or an extension of the carrier. In that case, the seller must be able to show that the parcel was actually handed to the consumer, for example through an ID check, a signature or a proper collection record.

Recovery by the seller from the carrier

The fact that the seller is responsible towards the consumer does not mean that the carrier is always off the hook in the end. The seller can hold the carrier liable when the damage occurred during transport and the carrier is liable for it. That is based on the contract of carriage between the seller and the carrier. For the consumer this makes little difference: he may hold the seller liable and does not have to wait until the seller has settled his claim with the carrier.

In practice, however, the seller does not always recover the full loss from the carrier. Carriers' liability is often limited by law or by contract. In domestic transport the AVC limit is widely used, and in international road transport the CMR limit. These limits are based on the weight of the damaged or lost goods. Especially with valuable but light products, such as smartphones, laptops, jewellery or medical equipment, the carrier's compensation can therefore be much lower than the sales value.

Main rule: good in, good out

The main rule of carrier liability is often summarised as: good in, good out. The carrier must therefore deliver the goods in the same condition as that in which he received them. If he receives the cargo in good condition and it is damaged, partly lost or not delivered at all, the carrier is in principle liable. The cargo interest (the party with an interest in the cargo) does not have to prove exactly what mistake the carrier made. It is enough to make it plausible that the goods were handed over in good condition and were damaged or lost during the period of carriage. That is why the consignment note is important. If the carrier made no reservation on receipt about visible damage, poor packaging or missing packages, that counts against him in terms of evidence. He is then deemed to have received the goods in good condition. The carrier can still try to escape liability, for example by invoking force majeure or a special risk. In practice, that bar is high.

Liability from taking over to delivery

The carrier's liability in principle runs from the moment he takes over the goods until the moment he delivers them to the consignee. For international road transport this follows from article 17(1) CMR. For domestic transport, article 8:1095 BW is in line with this: the carrier must deliver the goods received for carriage at their destination in the condition in which he received them.

So what matters is when the carrier actually takes the goods into his custody and when delivery has been legally completed. The period of carriage can also include moments when the goods are temporarily stationary, where this still falls within the performance of the contract of carriage. The carrier cannot easily escape liability by arguing that the damage did not occur while actually driving. Theft while stationary, damage during an intermediate stop or damage during a temporary stay at a transhipment location can also fall within the carrier's period.

Liability for damage during loading and unloading

Damage during loading, unloading or stowing requires a separate assessment. The carrier is liable if, according to the contract of carriage, he was responsible for this work and damage occurs in the process. If, for example, it is agreed that the carrier will load or unload the goods with a tail lift, crane or forklift truck, he can be liable when the goods fall, are handled incorrectly or are damaged by careless use of the equipment.

Often, however, the responsibility does not lie with the carrier. Under the AVC, the starting point is that the consignor loads and stows the goods and that the receiver unloads them, unless the parties agree otherwise or the nature of the transport requires otherwise. Article 8:1099 BW and article 17(4)(c) CMR also contain a special rule for damage connected with handling, loading, stowing or unloading by the consignor, the consignee or persons acting on their behalf. In such cases the carrier can invoke a special risk. He must then, however, make it plausible that the damage could have been caused by it. Moreover, the driver can sometimes be expected to notice visible defects and note them on the consignment note.

Liability for delay during transport

The carrier can be liable for delayed delivery. For domestic transport, article 8:1096 BW provides that the carrier must carry the goods received for carriage without delay. Under the AVC, the carrier must deliver within a reasonable period, unless a specific delivery period has been agreed in writing. For international transport, article 19 CMR determines when there is delay: when the goods have not been delivered within the agreed period or, if no period has been agreed, when the transport takes longer than a diligent carrier would reasonably have needed.

Not every delay automatically leads to compensation. Loss must have been suffered as a result of the delay and the carrier must be liable for it. Moreover, the compensation is often limited. Under CMR transport, the maximum compensation for loss caused by delay is in principle no more than the carriage charges. Under the AVC, compensation for delay is limited to once the carriage charges, or twice the carriage charges when a delivery period has been agreed in writing. With time-critical cargo, such as perishable goods, parts for production or trade fair materials, it is therefore sensible to make clear agreements and, if necessary, agree additional insurance or a special interest in delivery.

Incorrect addressing or labelling

Incorrect addressing or labelling can have major consequences. Think of a parcel that is taken to the wrong delivery address, packages that are sorted incorrectly in a distribution centre or dangerous substances that are not correctly marked. The consignor must make sure that the carrier has the correct details. That applies not only to the delivery address, but also to, among other things, the nature of the goods, the number of packages, any coding and special instructions. With dangerous or fragile goods, that information is even more important. Under the AVC and the BW, incomplete addressing or coding can constitute a special risk. Under article 17(4) CMR, too, the carrier can defend himself when damage is connected with insufficient or inadequate marks or numbers. The carrier must, however, make it plausible that the damage could have been caused by it. If the consignor provides incorrect details, he can be liable for the damage that results. That also includes, among other things, extra costs for storage, return shipping, delay, correcting documents or damage to other goods.

Poor or inadequate packaging

The consignor must deliver the goods in a condition suitable for the agreed transport. That means the packaging must suit the nature of the goods, the method of transport and the normal risks of transport. Fragile products must be packed differently from steel, machines or textiles. Goods that are sensitive to moisture, temperature, shocks or pressure must be sufficiently protected against them. If goods are handed over unpacked or poorly packed, the damage can be at the consignor's expense.

In international transport, article 10 CMR is relevant. It states that the consignor can be liable to the carrier for damage to persons, equipment or other goods, and for costs, resulting from defective packaging. In addition, article 17(4)(b) CMR names missing or defective packaging as a special risk. In Dutch road transport, defective packaging is also recognised as a special risk, among other places in article 8:1099 BW and article 11 AVC. The carrier's role does remain relevant, though. If the driver clearly sees that the packaging is inadequate, he may not simply ignore it. He must then make a reservation on the consignment note or warn the consignor.

Incorrect or incomplete consignment note

The consignment note is not just an administrative document. It has an important evidential function. It states, among other things, which goods were handed over, how many packages are involved, who the consignor and consignee are, where loading and unloading take place and which particulars are relevant to the transport. For domestic transport, article 5 AVC provides that the consignor must fill in the consignment note completely, sign it and hand it to the carrier together with the goods. Article 8:1115 BW also places obligations on the consignor regarding the documents and information needed for the transport. If the consignment note is incorrect or incomplete, the consignor is responsible for this. As a result, the carrier may take the wrong measures and use the wrong equipment. For CMR transport, article 7 CMR is relevant: the consignor can be liable for damage and costs resulting from incorrect or incomplete particulars in the consignment note.

Loading, stowing or unloading by the consignor or receiver

A lot of transport damage does not occur while driving, but during loading, stowing or unloading. Loading is putting the goods into the vehicle, stowing is placing and securing the cargo, and unloading is taking the goods out of the vehicle. If these operations are carried out by the consignor, the consignee or persons on their behalf, damage resulting from them can be at their expense. Think of pallets that are stacked incorrectly, goods that are not secured, overloading, incorrect weight distribution or damage by a forklift truck during unloading. For international transport, article 17(4)(c) CMR names handling, loading, stowing or unloading by the consignor, the consignee or persons acting on their behalf as a special risk. Article 11 AVC and article 8:1099 BW follow the same idea. Under the AVC, the starting point is also that the consignor must load and stow the goods and have them unloaded, unless the parties agree otherwise or the nature of the transport requires otherwise. So the carrier is not automatically liable for damage during these operations. He can, however, be liable if he loads or unloads himself, or if he sees clear errors in loading or stowing and still leaves without warning.

Contributory negligence and indemnification of the carrier

When transport damage was partly caused by the consignor or consignee, there may be contributory negligence or a special risk that is not at the carrier's expense. The carrier can then defend himself against a claim. In doing so, he must make it plausible that the damage may have been caused by, for example, poor packaging, incorrect information or incorrect addressing. The cargo interest can then try to prove that the damage occurred in a different way after all. In addition, the consignor may be obliged to indemnify the carrier. Indemnification means that the consignor must bear the loss for which the carrier is held liable by a third party, when that loss ultimately results from an error by the consignor. Article 8:1117 BW is important here: the consignor must compensate the carrier for the extraordinary damage that the goods or their handling cause the carrier, except insofar as the cause is at the carrier's expense. The AVC also contains indemnification rules.

Transport damage and a road accident

When cargo is damaged in a road accident, the carrier in principle remains the first point of contact under the contract of carriage. Under article 17 CMR, the carrier is liable for loss, damage and delay between taking over and delivery. For domestic transport, a similar starting point follows from article 8:1095 BW. So the fact that the damage was caused by a collision with a third party does not automatically mean that the carrier is off the hook towards the cargo interest.

The carrier can, however, try to invoke force majeure. To do so, he must show that the damage was caused by circumstances that he could not avoid and the consequences of which he could not prevent. That bar is high. With an ordinary road accident, for example, it will be examined whether the driver was driving defensively, kept enough distance, chose the route responsibly and took all reasonable measures to prevent damage. If force majeure is accepted, the cargo interest may have to rely on the party that caused the accident or on its own goods in transit insurance. If force majeure is not accepted, the carrier can remain liable and then take recourse himself against the liable road user or their third-party liability (WA) insurer.

Damage caused by another carrier or subcontracted carrier

In practice, transport is often outsourced. The contractual carrier accepts the order, but has the transport carried out wholly or partly by another carrier. For the customer, this does not mean that he automatically has to go to that subcontracted carrier. The principal carrier in principle remains responsible for the correct performance of the contract of carriage. Under article 3 CMR, the carrier is responsible for the acts of his employees and other persons whose services he makes use of for the carriage, as if they were his own acts. In international transport there may also be successive carriage within the meaning of article 34 CMR. If the actual carrier takes over the goods and the CMR consignment note, he can in certain circumstances himself be regarded as a successive carrier. Article 36 CMR then gives the cargo interest the option of holding not only the original carrier but also the successive carrier liable. If the principal carrier pays for the damage, he can then take recourse against the subcontracted or successive carrier that caused the damage. In practice, it will therefore be important in claims to map out the entire transport chain.

Holding a party other than the carrier liable

Sometimes the cargo interest does not want to hold the contractual carrier liable, but another party. That could be, for example, the actual carrier, driver, subcontracted carrier, warehouse keeper, transhipment company or the party that caused a road accident. In transport law, such a route is also called a "knight's move" (paardensprong): the injured party as it were jumps over his contractual counterparty and holds another party liable, usually on the basis of tort (onrechtmatige daad).

That makes pursuing a claim extra complex, but it can still be useful. This is the case, for example, when the contractual carrier is bankrupt, is not insured or is only liable to a limited extent. Bear in mind: the party held liable can often rely on the same limitations as the carrier. For CMR transport, article 28 CMR provides that a carrier who is held liable outside the contract can still rely on the liability limitations and defences of the CMR Convention. Auxiliaries can also invoke that protection under certain conditions.

Content of the contract of carriage

The contract of carriage contains the core of the transport order. It states or shows who the consignor and carrier are, which goods are carried, where and when the goods must be loaded, where they must be delivered and which particulars apply to the transport. Think of weight, quantity, temperature requirements, fragility of the goods, dangerous substances, loading and unloading instructions, time windows, storage on the way and any subcontracting.

A contract of carriage does not always have to be set out in one formal contract. In practice, it often consists of a combination of an order confirmation, quotation, email, consignment note, general terms and conditions and actual performance. For international CMR transport, article 4 CMR provides that the contract of carriage is confirmed by a consignment note, but the absence, loss or irregularity of the consignment note does not affect the existence or validity of the contract of carriage. This means that there can still be a contract of carriage even without a correct consignment note. In terms of evidence, however, the consignment note is important.

Liability agreements in the contract of carriage

In the contract of carriage, the parties can make agreements that are important for liability. For example, they can set out who is responsible for loading, stowing and unloading, whether the carrier must follow special instructions, whether a firm delivery period applies and whether certain goods may only be carried under specific conditions. It can also be agreed that the consignor declares a higher value or a special interest in delivery. For CMR transport, article 24 and article 26 CMR offer options for this, provided this is correctly stated in the consignment note and a surcharge is paid for it.

That contractual freedom is not unlimited, however. The carrier cannot simply exclude his liability entirely if mandatory transport law applies. For CMR transport, for example, article 41 CMR provides that stipulations that directly or indirectly derogate from the convention are in principle null and void. For domestic transport, article 8:1108 BW in turn provides that the carrier cannot rely on liability limitations when damage was caused by his own intent or wilful recklessness. Liability agreements must therefore always be read alongside the applicable legislation and the extent to which it is possible to derogate from it.

General terms and conditions and the AVC

General terms and conditions play a major role in Dutch road transport. For domestic carriage of goods, the General Transport Conditions 2002 are often used. These are standard general terms and conditions that the consignor and carrier can declare applicable. The AVC set out, among other things, the consignor's obligations, the carrier's liability, special risks, loss caused by delay, payment of carriage charges and limitation periods. The AVC limit for loss or damage discussed earlier is €3.40 per kilogram. In international transport the AVC can sometimes be used in addition, but only insofar as they do not conflict with mandatory CMR rules.

Force majeure and special risks

A carrier is not always liable for transport damage. The BW, the AVC and the CMR Convention all provide defences. One of these is force majeure. Force majeure concerns circumstances that a diligent carrier could not avoid and the consequences of which he could not prevent. The bar for force majeure is high. An ordinary traffic jam, breakdown, theft or collision does not automatically amount to force majeure. The carrier must show that he took all reasonable measures to prevent damage.

There are also special risks. These concern damage connected with circumstances that are more at the expense of the consignor, the consignee or the nature of the goods. Think of transport in an open vehicle when that was agreed, missing or defective packaging, loading, stowing or unloading by the consignor or consignee, the natural nature of the goods, sensitivity to temperature or moisture, live animals or defective addressing and labelling. If an appeal to force majeure or special risks succeeds, the carrier does not have to compensate the damage, or not in full.

Content of the CMR consignment note

Article 6 CMR determines which particulars must be stated on the CMR consignment note. In practice, these include the basic details of the transport order, the parties involved, the goods and any instructions. The consignment note must make sufficiently clear what is being carried, by whom, from where to where and under what conditions. Incorrect or incomplete particulars can later lead to problems of evidence or to liability. A CMR consignment note contains, among other things:

• The place and date of making out the consignment note;
• The name and address of the consignor;
• The name and address of the carrier;
• The name and address of the consignee;
• The place and date of taking over the goods;
• The place designated for delivery;
• The description in common use of the nature of the goods;
• The method of packing;
• For dangerous goods: their generally recognised description;
• The number of packages and their special marks and numbers;
• The gross weight or quantity of the goods;
• Charges relating to the carriage, such as carriage charges, supplementary charges and customs duties;
• Instructions for customs and other formalities;
• A statement that the carriage is subject to the CMR Convention, notwithstanding any clause to the contrary in the contract of carriage.

Additional particulars can also be included where they are relevant. Article 6(2) of the CMR Convention even states that, where applicable, the following particulars must also be included in the consignment note:

• A statement that transhipment is not allowed;
• The charges that the consignor undertakes to pay;
• The amount of "cash on delivery" charges to be collected on delivery of the goods;
• The declared value of the goods and the amount representing special interest in delivery;
• The consignor's instructions to the carrier regarding insurance of the goods;
• The agreed time limit within which the carriage must be carried out;
• A list of the documents handed to the carrier.

Finally, the parties can include other matters in the consignment note that they consider useful, but this is not mandatory.

Evidential function of the consignment note

The CMR consignment note has a strong evidential function. Article 9 CMR provides that the consignment note, in the absence of proof to the contrary, is full evidence of the conditions of the contract of carriage and of the receipt of the goods by the carrier. This means that the consignment note is often the first point of reference in disputes. However, the evidential function of the consignment note does not stand alone. It can be supplemented with other evidence, such as photos of the cargo, packing lists, invoices, emails, loading reports, temperature records, GPS data, witness statements and expert reports.

Making a reservation on receipt

When the carrier takes over the goods, he must check whether the number of packages, the marks, numbers and the apparent condition of the goods and packaging correspond with the consignment note. This follows from article 8 CMR. If the driver sees damage, poor packaging, differing quantities or other noticeable problems, he must enter a reasoned reservation on the consignment note. Even when checking is not possible, for example because the cargo is sealed or the driver is not allowed to be present during loading, this must be stated clearly.

A general reservation, such as "subject to reservation" or "not checked", is often insufficient. The reservation must be specific. Think of: "two packages missing", "film torn", "pallet stacked crooked", "boxes wet", "cargo taken over sealed, contents could not be checked" or "driver not present during loading". The more specific the remark, the more useful it is later as evidence.

Making a reservation on delivery

The consignment note is also very important on delivery. Article 30 CMR provides that, in the case of apparent loss or apparent damage, the consignee must make a reservation no later than at the time of delivery. The general nature of the damage must be indicated. So it is not enough to say only afterwards that the consignment was damaged. The damage must be noted on delivery, for example on the consignment note or delivery note, and preferably supported with photos.

A different rule applies to damage that is not apparent. If the damage is only discovered after unpacking, the consignee must protest in writing within seven days of delivery, with Sundays and public holidays not counting. Here too, it must be clearly described what damage is involved. If this does not happen, the consignee is deemed, in the absence of proof to the contrary, to have received the goods in the condition described in the consignment note. That does not always mean a claim is impossible, but the position in terms of evidence becomes much weaker.

Visible and hidden damage

With transport damage, the distinction between visible and hidden damage is important. Visible damage is damage that can be established immediately during a normal check on delivery. Think of torn film, broken boxes, missing packages, wet packaging, dents, breakage or a pallet that has clearly fallen over. This damage must be noted immediately on delivery. If the consignee accepts the goods without comment, the presumption arises that the goods were delivered in the correct condition.

Hidden damage is damage that only becomes apparent later, for example after opening boxes, testing machines or unpacking fragile products. In that case, too, action must be taken quickly. Under article 30 CMR, a reservation must be made in writing within seven days for hidden damage. Evidence remains important here. So keep the packaging, take photos of the outside and inside, record when the damage was discovered and note who unpacked the goods. The better the damage is documented, the greater the chance that it can be shown that the damage occurred during transport.

Obligations of the consignor

The consignor plays a crucial role with dangerous substances. He must inform the carrier fully and correctly about the nature of the dangerous goods. This means, among other things, that the substance must be classified correctly, that the correct UN number must be given, that the correct packing group and hazard class are stated and that the required documents are present. The consignor must also ensure suitable packaging, labelling and marking. On the basis of that information, the carrier must be able to assess whether he may carry the cargo and which safety measures are needed.

This duty to inform follows not only from the ADR, but is also in line with article 8:1114 BW. That article states that the consignor must give the carrier as completely as possible the information that is relevant to the intended transport. For international transport, article 22 CMR is also relevant. If the consignor hands over dangerous goods, he must inform the carrier of the exact nature of the danger and, if necessary, of the precautions to be taken. If that does not happen, the consignor can be liable for costs and damage resulting from the transport. In serious cases, liability can even shift from the carrier to the consignor, for example when the carrier did not know, and did not need to know, that dangerous substances were involved.

Obligations of the carrier

The carrier also has his own obligations. He may not blindly rely on the order, but must check whether the dangerous goods are authorised for carriage in accordance with the ADR and whether the prescribed information and documents are present. In addition, the vehicle must be suitable, the driver must be qualified and sufficiently instructed, and the required equipment, marking and safety measures must be in place. So ADR transport is not just about driving from A to B, but about complying with a complete safety regime.

Under civil law, ordinary carrier liability also continues to apply. The carrier is in principle liable for loss, damage and delay of the cargo between taking over and delivery. With dangerous substances, a much greater risk can come on top of that. The operator of the vehicle can be liable under article 8:1213 BW for damage suffered by third parties as a result of dangerous substances on board the vehicle. That is a form of strict liability: liability can therefore arise without a specific mistake by the carrier first having to be proven. There are exceptions, however, for example when the consignor did not disclose the dangerous nature of the substance and the carrier did not need to be aware of it either.

Damage to third parties and environmental damage

With ordinary transport damage, it is often about damage to or loss of the cargo itself. With dangerous substances, the damage can go much further. A leaking drum can contaminate the road, soil or groundwater. A flammable substance can cause fire to other vehicles, buildings or infrastructure. With toxic or corrosive substances, bystanders, emergency workers or employees can be injured. Such damage does not always fit neatly within the normal CMR or AVC limits for cargo damage.

Book 8 BW therefore has a separate set of rules for damage caused by dangerous substances on board a vehicle. The operator of the vehicle is in principle liable for third-party damage caused by the dangerous substance. In certain situations, however, that liability can end up with the consignor or receiver. That can happen, for example, when the consignor did not disclose the dangerous nature of the cargo and the carrier did not need to know it either. When the accident occurs during loading or unloading under the sole responsibility of the consignor or receiver, liability can also shift to that party.

ADR transport and additional insurance

With ADR transport, standard insurance is often insufficient. Carrier's liability insurance generally covers the carrier's liability for damage to other people's goods during transport, for example loss, damage, delay or damage during loading and unloading insofar as this falls under the policy. However, that does not mean that all risks with dangerous substances are automatically insured. Policy conditions can contain restrictions for certain substances or for failure to comply with certain statutory requirements. For environmental damage, separate environmental damage insurance or environmental liability insurance is often needed. Depending on the policy, that can provide cover for remediation costs, investigation costs, clean-up costs and the costs of legal assistance.

Complaint periods for transport damage

With visible damage, the consignee must respond immediately on delivery. If the packaging is torn, goods are wet, packages are missing or it is clear that the cargo is damaged, this must be noted straight away on the consignment note or delivery note. State specifically what is wrong.

With hidden damage, a short written notification period applies. Under CMR transport, loss or damage that is not apparent must be reported in writing within seven days of delivery, indicating the general nature of the damage. Under the AVC, too, damage that is not externally visible must be reported to the carrier in writing within one week of acceptance. If no complaint is made in time, this does not always mean that a claim is impossible, but it does mean that the goods are presumed to have been delivered correctly. The injured party must then still prove that the damage occurred during transport.

Notification rules also apply to delay. Under CMR transport, compensation for delay is only possible if a written reservation has been made within 21 days of the goods being placed at the consignee's disposal. Under the AVC, the consignee must report in writing within one week of acceptance that delivery did not take place within the reasonable or agreed period. Anyone who misses these time limits considerably weakens their position in terms of evidence.

Limitation of the claim

In addition to complaint periods, a short limitation period applies to transport damage. In domestic transport under the AVC and Book 8 BW, the main rule is that claims under the contract of carriage become time-barred after one year. For cargo damage, that period starts on the day after the day on which the goods were delivered or should have been delivered. Once the claim is time-barred, it can no longer be successfully enforced, even if the claim for the damage was justified in itself.

In international road transport under CMR, a limitation period of one year also applies. In the case of wilful misconduct or default considered equivalent to wilful misconduct, such as wilful recklessness under the applicable law, article 32 CMR provides for a period of three years. The starting point differs per situation. With partial loss, damage or delay, the period in principle runs from the day of delivery. With total loss, other starting points apply, depending on whether a delivery period was agreed.

A limitation period can sometimes be interrupted or extended, but that must be done correctly and in time. A simple complaint is not always enough to prevent the claim from becoming time-barred. With larger claims, it is therefore sensible to seek legal advice well before the end of the period. That way you avoid a claim that is strong on its merits being brought too late.