And what is the position in case of completely lost loading? Article 31.2 of MC99 does not impose an initial time limit for claims for lost cargo, although any right to compensation does not die out if proceedings are not initiated within two years (Article 35). The new wording could be intended to clarify the situation by stating that carriers must inform carriers of any right to compensation within two years of the 14/21 day deadlines that a consignee must respect. If so, the wording could have been improved. In the 2013 SGHA, there was some confusion as to the time limit that applies to a carrier`s right to compensation. The confusion was caused by the phrase: “Any claim shall be filed within the time limits set out in Article 31.2 of the 1999 Montreal Convention”. Article 31.2 sets out the time limits of the agreement for the exercise of the claims of the person entitled to the shipment in respect of damaged and delayed cargoes, which are 14 and 21 days respectively. It does not respond to a carrier`s claims against a debacacitor. Data protection has been included in the compliance checklist in point 1.1 of the SGHA 2018. This amendment is likely to have the effect of raising data protection to the level of prohibitions against corruption, opponents of competition and child labour. In addition, it is also useful not to overload the SGHA with legal sections on data protection. In 2013, IATA`s Ground Handling Council authorized the use of yellow pages to publish texts amending Annex B in the years between new versions of the SGHA. Annex B of the SGHA 2018 added the yellow pages to paragraph 8. In the future, this will provide some flexibility in the baseline model.
However, maintaining the original clause 5.10 might have been wise, given the strengthening of data protection legislation (e.g. B GDPR in the EU), increased public awareness, data protection campaigns and activism. The 38th edition of IATA`s Airport Handling Manual (AHM) is now live. The EMO contains the latest iteration of the SGHA, which reflects developments in both aviation and the broader sense, and is the result of consultation and input from airlines, terminals and other industry stakeholders. The insolvency of carriers can also have a wider impact. For example, the UK CAA suspended Monarch Airlines` AOC when it went bankrupt in October 2017 and forced it to cease operations with immediate effect. They no longer needed groundhandling services. It will be interesting to see how claims are handled and whether this results in the airline`s internal processes to track and monitor cargo claims. Improvements can be made if airlines use more detailed documentation requirements for cargo shipments and the handling of irregularities (in points 5.3.1 and 5.7 of Annex A respectively). Alastair Long Registered Foreign Lawyer, Hong Kong T +852 3983 7788 E email@example.com Some thought that the text of the 2013 edition simply meant that a right to compensation from the carrier would not be valid unless the consignee had asserted a claim within the 14/21 day period. . .