Rights | Passenger Portal

CARGO

In Cape Verde:

Resolution nº 103/VI/2004, of 21 June, of the Montreal Convention is applied in the International Cargo Transportation.

and

Regulatory Decree nº 3/2006, of 26 June, is applied in the Domestic Transport of Merchandise.

The Aeronautical Code of Cape Verde incorporated in its domestic legal system international solutions to protect passenger’s interest relating to damages caused to cargo in air transportation, disciplining and instituting a specific regime of civil liability.

In this regard, it was referred to the regulation itself to set an amount for compensation in case of destruction, loss, damage or delay of cargo in the domestic air transportation and limits of liabilities, harmonizing them with the prices established in the Montreal Convention.

LIABILITY OF THE CARRIER:

DAMAGE TO CARGO

The carrier is liable for damage sustained in the event of destruction, loss of, or damage to of cargo, upon the condition only that the event which caused the damage occurred during the carriage by air;

Inherent defect, quality or vice of that cargo;
Defective packing of that cargo performed by a person other than the carrier, his servants or agents;
An act of war or an armed conflict;
An Act of public authority executed in connection with the entry, exit or transit of the cargo.

DELAY OF CARGO

The carrier is liable for the damage caused by delays during the air carriage of the cargo.

EXTENT OF COMPENSATION FOR DAMAGE:

Liability for delay, destruction, loss of, or damage to of cargo is limited to 22 SDR (approximately 3.000,00 CVE) per kilogram, unless a special value has been contracted.

DEADLINE FOR COMPLAINTS

If a baggage is lost or suffers damage, delay or destruction, the passenger should file a written complaint to the air carrier as soon as possible.

If no complaints have been registered in the delays here mentioned, no action will be intended against the carrier, except in case of fraud committed by the carrier:

CARGO FAILURE – In these cases, the complaint must be filed immediately after discovering the damage and or in case of cargo, at the latest within 14 days counting from its reception;

A cargo is considered lost when it does not reach destination within 21 days counting from the date it should have arrived.

When filing a written complaint, it is important to annex all evidence, receipts related to your case: delays, destruction, loss or cargo failure.