Cargo Damage Under the CMR: Notice and Compensation
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
The CMR generally applies to carriage of goods by road for reward when the agreed places of taking over and delivery are in different countries and at least one is a contracting country. The carrier may be liable for loss, damage and delay between taking over and delivering the goods, subject to the Convention’s liability rules and exceptions.
When must damage or delay be reported?
Apparent loss or damage should be checked at delivery and recorded in a reservation where necessary. Concealed damage must be notified to the carrier in writing within seven days after delivery, excluding the delivery day, Sundays and public holidays. Without a timely reservation, acceptance can be evidence that the goods were received in the condition shown in the consignment note.
Compensation for delay requires a written reservation to the carrier within 21 days of the goods being placed at the consignee’s disposal. The day they were made available is excluded.
How is compensation calculated?
Where the 1978 Protocol applies, the general loss limit is 8.33 Special Drawing Rights per kilogram of gross weight short. Damage is assessed by the reduction in value and the limits in Article 25. A declared value, a declared special interest in delivery or the conditions in Article 29 may affect the result. The consignment note, delivery record, photographs and written notices are considered together.
CMR Convention, Arts. 1, 17, 23–26 and 29–30 · 1978 Protocol