What are the rules for air transport claims under Dutch law?

Dutch term: Luchtvervoerclaims | Legal basis: Montreal Convention + Book 8 BW

Air transport claims for cargo under Dutch law are governed by the Montreal Convention (1999) for international carriage and by Book 8 of the Dutch Civil Code for domestic carriage. The carrier is liable for loss of or damage to cargo during the period of air carriage, unless it proves that the damage was caused by an inherent defect of the cargo, defective packing, an act of war, or an act of public authority.

Liability under the Montreal Convention is limited to 22 SDR per kilogram of cargo. The limitation period is two years from the date of arrival at the destination or from the date the aircraft should have arrived. Written notice of damage must be given to the carrier within 14 days of receipt (for damage) or within 21 days (for delay). Failure to give timely notice bars the claim unless the carrier acted fraudulently.

Why it matters for international businesses

For businesses shipping high-value or time-sensitive goods through Schiphol Airport, the carrier's limited liability under the Montreal Convention means that separate cargo insurance is essential for full value protection.