Freight law
Air cargo and written notices

Air Cargo Damaged or Delayed: Send the Written Notice in Time

Air cargo damage or delay: Article 31, the 14-day and 21-day periods, written notice and the consequence of missing the period.

BRANDAUER Rechtsanwälte
Contact person

Mag. Bernhard Brandauer, Austrian attorney-at-law

BRANDAUER Rechtsanwälte

Mag. Bernhard Brandauer assists with the legal assessment of transport contracts, cargo damage and freight claims.

24 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law

If international air cargo is damaged or made available late, the written notice of complaint should be prepared immediately and sent to the carrier in a provable way. For goods, Article 31 of the Montreal Convention provides a 14-day period after acceptance for damage and a 21-day period after the goods were placed at the recipient’s disposal for delay. The relevant starting point depends on the problem.

The first task is classification. Is the complaint about physical damage to the goods or about delayed availability? Has the shipment already been accepted? Can the acceptance, discovery and availability dates be shown? These facts should be recorded separately.

This article explains the Article 31 notice rules for goods in international carriage by air. It covers the rebuttable presumption after unconditional acceptance, the written form and the consequence of missing the period. CMR road carriage and passenger compensation belong to different legal frameworks. The article on an exceeded CMR delivery deadline addresses road carriage separately.

Quick orientation

Which notice matters for your air cargo?

Classify the goods, damage and delay. You will then see which date and document should be secured first.

01 Question 1

What happened during the international carriage by air?

Choose the situation that best describes the matter.

Result

Your orientation

01

If goods are damaged at acceptance, send the written notice immediately.

Identify the package, visible damage, acceptance time and recipient. Send the written complaint to the carrier in a provable way and keep the message, attachments and proof of dispatch together.

02

For damage discovered later, acceptance and discovery must be documented separately.

Record when the goods were accepted and when the damage was discovered. Document packaging, internal damage and the condition with dated photographs. The notice should be sent immediately after discovery and in any event within the period under Article 31 of the Montreal Convention.

03

For delayed air cargo, the documented availability time starts the 21-day period.

Secure the notice, collection confirmation, handover document or tracking record showing availability. Calculate the period from that point and send the written notice to the carrier within 21 days.

04

If availability is unclear, organize transport and communication records immediately.

Arrange arrival notices, collection release, tracking, handovers and messages in chronological order. Mark when the goods were actually available after the carriage. The 21-day period should not be left until every document has been clarified.

05

Checked baggage has a separate seven-day damage period.

Article 31 of the Montreal Convention distinguishes goods and checked baggage. For damaged checked baggage, the notice must in any event be made within seven days after acceptance. This article focuses on goods in air carriage.

06

The period cannot be calculated reliably until the transport and relevant dates are clear.

Secure the air waybill, booking and collection records, tracking, handovers and the complete communication. Clarify whether the matter concerns goods or checked baggage and whether it concerns damage or delay. Only then can the relevant Article 31 period be assigned.

When Article 31 applies to international air cargo

Article 31 of the Montreal Convention appears in the provisions on timely complaints concerning carriage by air. The practical review therefore begins by establishing that the matter concerns international carriage of goods by air and a claim being considered against the carrier. A label in an order does not answer every part of that question. The air waybill, departure and destination and the companies involved belong in the shipment file.

This article concerns goods. Article 31 also mentions checked baggage and sets a different damage period for it. The distinction matters for businesses whose templates or reporting systems record commercial shipments and baggage cases together. The notice should identify the shipment clearly as goods.

The nature of the problem must also be clear. Damage concerns the condition of the goods. Delay concerns the point at which the goods were placed at the recipient’s disposal. Both may occur in the same shipment, but they require separate descriptions and separate time calculations.

What unconditional acceptance means for the record

When the recipient accepts goods without a reservation, Article 31(1) of the Montreal Convention creates a rebuttable presumption that the goods were delivered in good condition and in accordance with the transport document or other records. Rebuttable means that suitable circumstances and evidence can challenge the presumption. It does not replace an examination of the specific damage.

The condition at acceptance should therefore be recorded as precisely as possible. Record the number and marks of packages, visible traces on packaging and seals and any reservation in the delivery record. For concealed damage, the opening, discovery, packaging condition and first notice are particularly important.

The presumption and the notice period answer different questions. Even when damage becomes visible only after acceptance, Article 31(2) requires prompt notice after discovery and in any event within the statutory period. A reservation at handover does not automatically replace the later written notice.

What period applies to damaged goods

For damage, Article 31(2) of the Montreal Convention requires the recipient to notify the carrier immediately after discovering the damage. For goods, the notice must in any event be made within 14 days after acceptance. The rule therefore combines an immediate response linked to discovery with an outer limit linked to acceptance.

The 14 days are not a reason to wait. A visible defect should be reported at handover or immediately afterwards. For concealed damage, the practical response starts with discovery. At the same time, preserve the condition before the packaging or goods are changed.

Article 31(2) sets a seven-day period after acceptance for damage to checked baggage. That period must not be transferred to commercial goods, and the 14-day goods period must not be used as the baggage period. The notice should identify the recipient and the type of shipment clearly.

When the notice period for delay starts

For delay, Article 31(2) of the Montreal Convention requires notice within 21 days after the goods were placed at the recipient’s disposal. The relevant point is therefore the actual availability of the shipment. The arrival of the aircraft need not be the same as the point at which the goods could be collected or otherwise received.

Secure the collection release, arrival or availability notice, tracking records, handover documents and any collection arrangements. Record expected and actual availability separately. With several packages or partial deliveries, the file should show which goods the delay notice concerns.

Late availability may occur together with damage. Both complaints should be described in the written notice and the relevant times should be recorded separately. The article on CMR groupage and quantity discrepancies shows why quantity and damage issues are also kept separate in road carriage. Its CMR periods do not apply to air cargo.

What the written notice should contain

Article 31(3) of the Montreal Convention requires every complaint to be made in writing and delivered or dispatched within the relevant period. The notice should therefore identify the shipment, the goods and the nature of the complaint, and state the acceptance, discovery or availability time relied on by the recipient.

Write the complaint so that the carrier can allocate it to the correct shipment. State the air waybill number, package, visible or discovered damage, acceptance date or availability date and the requested next coordination step. A general message without a shipment reference can make later allocation difficult.

Keep the dispatched version and attachments unchanged. Preserve the recipient address, dispatch time, delivery or receipt confirmation and every reply. An electronic message may qualify as a written statement in a particular case. Whether it meets the concrete formal requirements and proves receipt depends on its content, transmission and circumstances. The notice should therefore be sent through the agreed channel and the dispatch should be documented.

The existing article on the cargo damage notice discusses receipt, content and evidential value in CMR and other transport matters. For air cargo, the 14-day and 21-day rules explained here remain the relevant distinction.

What happens when the notice period is missed

Article 31(4) of the Montreal Convention provides a serious consequence: if the notice period is missed, any action against the carrier is excluded unless the carrier acted fraudulently. The rule ties the consequence to the missed notice and goes beyond a mere difficulty in proving the damage.

Whether a notice was timely can be assessed only with a reliable timeline. Record acceptance, discovery, availability, dispatch and, where relevant, receipt separately. For delay, check especially when the goods were placed at the recipient’s disposal. For damage, the 14-day outer period does not replace an immediate response after discovery.

The exception for fraudulent conduct depends on the specific circumstances and should not be assumed without concrete indications. If the period may already have expired or the dates conflict, the complete shipment file with the air waybill, messages and delivery records should be reviewed promptly.

Which air-cargo records should be preserved

A useful shipment file makes the time calculation traceable. Begin with the air waybill, booking confirmation, transport order and the sender, recipient, departure and destination details. Add packing lists, invoices or descriptions where they identify the goods and packages concerned.

For damage, photographs of packaging, packages, seals, marks and damage areas are useful. Record when the shipment was received, opened and inspected. Preserve packaging and damaged parts where practical. For delay, add tracking, collection release, availability notice and actual handover to the timeline.

For the notice itself, keep the draft, final version, attachments, recipient, dispatch time and response. Link every message to the correct shipment. If you also use the article on the transport damage notice, its CMR distinction must be checked independently for an air-cargo matter.

Which air-cargo notice errors are common

Treating 14 days as a waiting period: Article 31(2) requires immediate notice after damage is discovered. The 14 days are the outer period for goods after acceptance.

Starting delay with the flight arrival: The 21 days run from the time the goods were placed at the recipient’s disposal. Aircraft arrival and actual availability may differ.

Combining damage and delay: Both complaints need a clear description and their own dates.

Treating goods and checked baggage alike: Article 31(2) names seven days for damage to checked baggage and 14 days for goods.

Dispatching without proof: A copy of the text alone is not enough for a later time review. Dispatch, recipient and attachments should remain traceable.

Describing only the damage: Without the air waybill, package and acceptance or availability time, the notice may be difficult to allocate.

Secure the original records first and create a short timeline. Describe damage and delay separately. Send the notice in writing through the agreed channel and keep the complete communication. If the claim is disputed or the dates are unclear, have the file reviewed with all time records.

Practical questions

Frequently asked questions about air-cargo notices

How long do I have to report damage to international air cargo? +

For goods, Article 31(2) of the Montreal Convention requires notice immediately after discovery and in any event within 14 days after acceptance. The 14 days are an outer period, not a waiting period. For damaged checked baggage, the provision names seven days.

When do the 21 days for delayed air cargo start? +

For delay, the 21-day period starts when the goods were placed at the recipient’s disposal. This point should be supported by a collection release, message, tracking record or handover document. Aircraft arrival need not be the same as actual availability.

Does the complaint have to be in writing? +

Yes. Article 31(3) of the Montreal Convention requires a written complaint that is delivered or dispatched within the relevant period. The notice should identify the shipment, package, problem and relevant dates, and dispatch and attachments should be preserved.

What is the consequence of missing the notice period? +

Article 31(4) generally excludes any action against the carrier when the notice period was missed, unless the carrier acted fraudulently. The exact dates and records must be reviewed before applying that consequence to an individual matter.

Does the 14-day period also apply to checked baggage? +

No. For damage to checked baggage, Article 31(2) names seven days after acceptance. The 14-day period concerns goods. Baggage and commercial shipments must be distinguished for the notice review.

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