Air cargo

Vectoris Legal advises shippers, freight forwarders, cargo agents and airlines on air cargo matters. The field is governed by the 1999 Montreal Convention, a uniform and mandatory regime with very short time bars that in practice decides the outcome of a claim before it reaches a court. We work on cargo only: we do not handle passenger claims.

The limit of liability: 26 SDR per kilogram

Since 28 December 2024 the limit under Article 22.3 is 26 Special Drawing Rights per kilogram of the gross weight of the packages concerned, replacing the previous 22 SDR. At an SDR of EUR 1.182 —IMF rate of 8 September 2026— that is roughly EUR 30.73 per kilogram. The rate moves daily and must be recalculated on the date of the loss.

For cargo, that limit cannot be broken. Article 22.5, which lifts the cap in cases of wilful misconduct, applies only to paragraphs 1 and 2 — passenger delay and baggage. The only route above the limit is a special declaration of value in the air waybill against payment of a supplementary sum; the practical alternative is cargo insurance.

Time limits

• Damage: written complaint within 14 days of receipt (Art. 31.2).
• Delay: 21 days from the date the cargo was placed at the consignee's disposal.
• Total loss: no complaint is required. Article 13.3 allows the consignee to enforce its rights once the cargo has not arrived seven days after it should have.
• Action: two years (Art. 35). The right "shall be extinguished": this is a limitation that cannot be interrupted by a letter of demand — only by proceedings.

Air waybill, contracting carrier and forwarders

The air waybill is not a document of title: it evidences the contract, the acceptance of the cargo and the conditions of carriage. Article 5 requires only three mandatory particulars and Article 4 admits electronic records. Where a forwarder is involved, the relevant figure is the contracting carrier of Article 39, and Article 26 renders null and void any clause fixing a lower limit than the Convention.

Dangerous goods, cargo security and insurance

Dangerous goods follow Annex 18 to the Chicago Convention and the ICAO Technical Instructions, whose operational version is the IATA Dangerous Goods Regulations, 67th edition since 1 January 2026. Cargo security in the EU is governed by Regulation (EC) 300/2008 and Implementing Regulation (EU) 2015/1998, as amended by 2025/920: regulated agent, known consignor and the ACC3, RA3 and KC3 statuses for inbound cargo. Cover for air cargo is written on the Institute Cargo Clauses (Air), whose clause 6.1.4 gives 30 days from unloading, not the 60 of the marine clauses.

What we do

• Claims for loss, damage and delay of air cargo, against carriers and forwarders.
• Calculation of the limit and advice on the special declaration of value.
• Defence of airlines, agents and forwarders against cargo claims.
• Review of general conditions, IATA agency agreements and handling contracts.
• Dangerous goods compliance and Spanish Air Safety Act proceedings.
• Cargo security status: regulated agent, known consignor, ACC3, RA3, KC3.
• Air cargo insurance: placement, casualty and disputes with underwriters.