With the departure of the first flights loaded with Chilean cherries bound for China, air transport is once again taking center stage this season.
The speed of the service and the high demands of Asian buyers have led many exporters to choose this option, which offers quick delivery but also entails new logistical and legal challenges that must not be overlooked.
The air transport of fresh fruit is a high-precision contract.
Every hour counts to maintain product quality and ensure it reaches the destination market in good condition.
However, the risks go beyond temperature or handling: there are also contractual and jurisdictional aspects that can determine the success or failure of any claim against the airline.
One of the most sensitive issues arises when an air or land bridge is used from Chile to Buenos Aires before the international flight departure.
In such operations, it is common for two Air Waybills (AWB) to be issued—one for each leg.
This seemingly minor detail can have serious consequences: if the transport is documented in two separate segments, the applicable jurisdiction may fall under Argentina, making any subsequent claim more complex.
The recommendation is clear: ensure that the entire operation is covered by a single Air Waybill, so that Chilean law and jurisdiction apply.
Another frequent risk is delay.
Although the Montreal Convention —which governs international air transport— establishes the carrier’s liability for damage caused by delay, the time limits for filing a claim are short, and the burden of proof lies with the exporter.
In simple terms: if the fruit arrives late and loses commercial value, the exporter must prove the loss and formally notify the carrier.
In this context, a formal protest is crucial.
Chilean case law is clear: without a written notice within the legal deadlines —14 days in case of damage and 21 in case of delay, starting from the arrival of the goods at destination— the right to claim is forfeited.
A phone call or informal email is not enough: a document or letter must attest to the damage or delay.
Temperature control and product preservation are also fundamental.
Several Chilean courts have ruled that the contents of the Air Waybill are decisive in determining liability.
If it is not clearly stated that the cargo is perishable and must be kept refrigerated, the carrier may be exempt from any responsibility for damage caused by temperature variations.
For this reason, the document must explicitly state: “Perishable cargo – Keep refrigerated.”
This simple phrase can make the difference between obtaining compensation or having the claim rejected.
The management of cargo during transshipments or waiting times on the runway is another critical point.
In these phases, the fruit may be exposed to extreme temperatures or weather conditions.
If the transport document does not mention special storage conditions, the airline may invoke exemptions such as “the inherent nature of the cargo” or “inadequate packaging,” both of which are provided for under the Montreal Convention.
Ultimately, risk management in air transport does not end when the cargo is loaded onto the plane.
It requires logistical planning with legal foresight, careful review of shipping documents, and strict compliance with notification deadlines.
It is also advisable to retain evidence of the actual condition of the goods at delivery —reports, certificates, and photographs— and to always verify the consistency of transit times promised by agents and airlines.
The air export of cherries offers great opportunities, but it also requires a new culture of prevention.
Each Air Waybill is, in effect, an international transport contract.
In a market where buyers pay for freshness and seconds can make the difference, rigorous document management and a well-structured risk strategy can be worth as much as the fruit itself.
Source: Portal Frutícola
Image source: LATAM CARGO
Rafael Guarda Martínez
Lawyer and consultant, RG Consultant
16 Sep 2024
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