How do transport damage claims work under Dutch law?

Dutch term: Transportschadeclaims | Legal basis: CMR + Book 8 BW

Transport damage claims under Dutch law are governed by different regimes depending on the mode of transport. For international road transport, the CMR Convention applies automatically. For domestic road transport, Book 8 of the Dutch Civil Code applies. For sea transport, the Hague-Visby Rules or Rotterdam Rules apply. For air transport, the Montreal Convention applies. For multimodal transport, the applicable regime depends on the stage at which the loss or damage occurred.

Under the CMR Convention (the most common regime for trade through the Netherlands), the carrier is liable for loss, damage and delay from the time of taking over the goods until delivery. Liability is limited to 8.33 SDR per kilogram of gross weight of the lost or damaged goods. The limitation period is one year from the date of delivery (or the date the goods should have been delivered). Claims must be notified to the carrier promptly: for visible damage, at the time of delivery; for non-apparent damage, within seven days.

Why it matters for international businesses

For manufacturers and importers shipping goods through the Netherlands, understanding the carrier's limited liability, the short notification deadlines and the one-year limitation period is essential for protecting recovery rights. MAAK Advocaten handles transport damage claims as part of its logistics, industry and trade practice.