What are the deadlines for claiming damages arising from transport incidents?

In the business field, knowing the prescription deadlines to claim damages in transport contracts is essential to protect the interests of shippers, consignees, and logistics operators. The regulations establish clear rules that condition the exercise of compensation actions and that should be taken into account in daily management.

Claim deadlines

In general, actions to claim damages arising from a transport contract prescribe within one year.
However, this deadline is extended:

• Two years in national transport, when damages result from willful misconduct or conscious and voluntary breach of the assumed legal duty.

• Three years in international transport, under the same circumstances.

The calculation of deadlines starts differently depending on the type of claim:

• Partial loss, damage, or delay: from the delivery of the goods to the consignee.

• Total loss: 20 days after the expiration of the agreed delivery period, or 30 days after the carrier received the goods if no period was agreed.

• Other cases (transport price, compensation for stoppage, cash on delivery, associated expenses): three months after the contract was signed or from the moment the action could be exercised.

A written claim suspends the prescription calculation, which only resumes when the carrier formally rejects the claim and returns the accompanying documents.

Carrier's exoneration of liability

The carrier will not be liable if it proves that the loss, damage, or delay result from:

• Fault of the shipper or consignee.

• Their instructions, provided they do not stem from carrier negligence.

• Inherent vice of the goods.

• Unavoidable circumstances whose consequences could not be prevented.

Nor will it be liable in cases where, reasonably, the damage can be attributed to:

• Use of open or uncovered vehicles.

• Non-existent or deficient packaging.

• Handling, loading, or unloading carried out by the shipper or consignee.

• Nature of the goods (breakage, mold, rust, spills, etc.).

• Inadequate identification or labeling of the packages.

In no case can the carrier claim as exoneration the defects of the vehicles used. And, when there is willful misconduct or conscious and voluntary breach by the carrier or its assistants, the liability limitations provided by regulations do not apply.

At Valero Tax Legal, we advise companies in the logistics and transport sector on the correct management of claims and liabilities, ensuring the defense of their rights within the established legal deadlines.