This article sets out a practical guide of the different time bar terms in Spanish transport regulations for all parties involved in the logistics chain.
We will focus on cargo claims against the carrier and carrier’s action to claim freight and other expenses.
SHIPPING CARRIAGE:
Domestic:
- 1 year for cargo claims (loss, damages or delay) as from the delivery of the goods to the consignee or since they should have been delivered. This is a “prescripción” deadline, its characteristics will be explained later herebelow.
- 1 year for the carrier to claim for freight and other expenses as from the transport or service is provided. This is also a “prescripcion” deadline.
International:
- 1 year for cargo claims (loss or damages) against the carrier, as from the delivery of the goods to the consignee or since they should have been delivered. This is a “caducidad” deadline, its significance will be explained later herebelow.
- 1 year to claim freight and other carriage expenses since the transport or service is provided. This is a “prescripcion” deadline.
Additionally, both for national and international carriages:
- When the contractual carrier (i.e. forwarder) settles a cargo claim, it is granted with another 1 year period from settlement date (“prescripción”) to seek recovery against the actual carrier (i.e. shipping company).
- A cargo claim may be brought directly against the port terminal. In this case the time bar will be 2 years (“prescripción”) since the goods were delivered by the terminal.
INLAND & RAIL TRANSPORT:
National:
- 1 year** (“prescripción”) for cargo claims as from:
- the delivery of the goods to the consignee, in case of partial loss, damage or delay.
- 20 days after the date agreed for the delivery to the consignee or, if no delivery date is agreed, 30 days after the carrier has taken over the goods, in case of total loss.
In the event of willful misconduct/ gross negligence, time bar will be 2 years (“prescripcion”).
- 1 year** (“prescripción”) to claim freight due and other transport charges. Starting time: three months after the conclusion of the contract of carriage or from the day on which the action could be brought, whichever is later.
International:
- 1 year** (“prescripción”) for cargo claims as from:
- the delivery of the goods to the consignee, in case of partial loss, damage or delay.
- 30 days after the date agreed for the delivery to the consignee or, if no delivery date is agreed, 60 days after the carrier has taken over the goods, in case of total loss.
- 1 year** (“prescripción”) to claim freight due and other inland transport charges. This term commences 30 days after delivery of the goods at destination.
In case of willful misconduct/gross negligence, time bar will be 3 years.
**In these cases, a letter of claim against the inland carrier or sender suspends the 1 year time bar, BUT if the carrier/sender rejects such claim in writing, time bar will be resumed and no further interruption will be admitted, except filing the claim in Court.
AIR TRANSPORT:
International:
- 2 years (“caducidad”) for cargo claims as from the date of arrival or the date in which the goods should have arrived. Important: to preserve cargo interests’ rights, a letter of protest must be addressed to the carrier within 14 days as from the date of arrival or the date in which the cargo should have arrived
Montreal Convention does not regulate the term to claim for freight and other transport expenses. Subsidiary a 5 years’ time bar should be applicable as per Spanish Civil Code.
Regarding the differences between:
Prescripcion: It can be interrupted through written communication. Time bar will start to run afresh each time a written claim is submitted.
Caducidad: It cannot be interrupted or suspended; however, it can be extended by the carrier’s agreement.
Muñoz & Montañés, Law firm specialized in maritime law, transport and international trade, with offices in Valencia and Bilbao, providing services throughout Spain.