（A question on the Loss of Forwarder’s POUCH attached to the MAWB.）
Q.
To what extent must an airline compensate damages resulting from loss of the forwarder’s POUCH attached to the MAWB? There was a case where an airline lost the “ATA CARNET” during transport. The forwarder places other documents such as Plant and/or Animal Quarantine Certificates, CITES Certificates, etc. in the POUCH, and the airline is transporting the POUCH free of charge. Does the airline have a legal obligation to transport such House AWB related documents, and question whether the airline has any legal obligation to compensate damages if the POUCH is misplaced or lost? I need your advice. (31 Oct 16)
A.
The forwarder’s POUCH containing various transport documents is handed over to the airline as part of the condition to transport a consolidated shipment.
Therefore, the airline has legal obligation to carry it intact to its destination. If the POUCH is misplaced or lost, any direct damages caused must be compensated by the airline. Since the items in question are documents, the liability is not calculated at 19SDR per 1 kg. Instead, the airline is obligated to compensate for any direct damage caused by the loss of the POUCH or for any unnecessary expenses that arise because of the loss of the POUCH. If the airline denies to carry, the airline will not be able to handle consolidated shipments which will pause a grave business problem. It is impossible for an airline to refuse carriage of consolidated shipments.
The answer is obvious. What the airline has been tendered to carry, the airline must carry it safely to its destination. That is the airline’s duty.
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