Road Haulage instead of Air Carriage

BGH · judgement of 10. december 2015 · Az. I ZR 87/14.

Summaries

a) In case the air carrier engaged based on air transport contracts does perform partial routes with a truck on road haulage, although air carriage is technically possible, the road transport gains a quality of its own and is not considered to be an auxiliary service according to art. 18 para 4 montreal convention.

b) The fact the air carriage is performed thorugh an airport which has faced several thefts in the past, does not justify qualified culpability of the carrier according to section 435 German Commercial Code.

Relevant provisions
ARTICLE 18 – DAMAGE TO CARGO
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1. The carrier is liable for damage sustained in the event of the destruction
or loss of or damage to, cargo upon condition only that the event which caused
the damage so sustained took place during the carriage by air.

2. However, the carrier is not liable if and to the extent it proves that the
destruction, or loss of, or damage to, the cargo resulted from one or more of
the following:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person other than the
carrier or its servants or agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out in connection with the entry, exit
or transit of the cargo.

3. The carriage by air within the meaning of paragraph 1 of this Article
comprises the period during which the cargo is in the charge of the carrier.

4. The period of the carriage by air does not extend to any carriage by land,
by sea or by inland waterway performed outside an airport. If, however, such
carriage takes place in the performance of a contract for carriage by air, for
the purpose of loading, delivery or transhipment, any damage is presumed,
subject to proof to the contrary, to have been the result of an event which
took place during the carriage by air. If a carrier, without the consent of the
consignor, substitutes carriage by another mode of transport for the whole or
part of a carriage intended by the agreement between the parties to be carriage
by air, such carriage by another mode of transport is deemed to be within the
period of carriage by air.

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