Policy & Compliance
International Carriage Rules (Air) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived or from the date on which carriage stopped. CIM Rules for International Rail Carriage The period of limitation of action shall be one year except in certain circumstances, including wilful misconduct and fraud, when it is two years. The period of limitation is suspended when a claim is presented in a similar manner as under the CMR Convention. Also, for comparison: FIATA Bill of Lading Conditions All liability – unless suit is brought within nine months of the delivery of the goods, or the date when the goods should have been delivered, or the date when they are deemed to be lost. RHA Conditions of Carriage 2009 The carrier shall in any event be
from the date when the goods were taken over by the carrier; c)In all other cases, 12 months from the expiry of three months from the making of the contract. If wilful misconduct on the part of the carrier or its agent is proved, 12 months becomes three years. A written claim suspends the period of limitation until such date as the carrier rejects the claim and returns the documents attached to it. Hague-Visby Rules (sea carriage) The carrier and the ship shall in any event be discharged from all liability whatsoever unless suit is brought within one year of their (goods) delivery or the date when they should have been delivered. In the case The Captain Gregos No.1, Lloyd’s Law Rep (1990) 1 310, it was held that this one-year time bar applies even when there is misconduct on the part of the sea carrier. Montreal Convention and all versions of the Warsaw Convention and the Non-
discharged from all liability whatsoever and howsoever arising in respect of the consignment, unless suit is brought within one year of the date when transit commenced. Special Note regarding time limits If the BIFA STC (or comparable conditions) are not incorporated into the contract between the BIFA Member and the Customer, and if there is no overriding international convention, then the limitation period for making suit for cargo claims is six years under the Limitation Act 1980, in so far as it concerns contracts. Note that in respect of making suit, the terms ‘writ’ and ‘summons’ are obsolete in English law and by the Civil Procedure Rules introduced in 1999, the legal document by which court action is begun is called a Claim Form.
“ ... time limits are not waived because negotiations are taking place about a claim unless there is a specific promise to do so
To view and download the full Know your 2021 Trading Conditions document scan the QR code .
Delivering debt recovery & outsourced services to the freight, transport,
Business Support Services
Debt Recovery
Customer Care
Receivables Management
IT and Application Services
Software Solutions
controlaccount.com 01527 386 610
August 2024 | 11
www.bifa.org
Made with FlippingBook Annual report maker