Lan Lancargo Idiomas Lan Lancargo Idiomas

This is the Lan Lancargo Idiomas portlet.

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Claim Submission

The shipper or consignee (receiver) listed on the air waybill (AWB) must report lost, or damaged cargo in writing to the transporting air carrier. This claim may be sent by fax, mail or delivered in person.

There are two types of claims:

1. Preliminary Claim:

To file a Preliminary Claim, the cargo recipient notifies the local sales office of any difficulties associated with the issuance of the AWB.  The Preliminary Claim will be sent to the Claims Department and filed as a "preliminary notice" (air protestation).

At this time the Claims Department will not initiate any action and will not provide a response. Reponses to claim submissions are only provided once the preliminary claim is formalized into a "Formal Complaint", as most preliminary claims are promptly resolved without further action.

After presenting the Preliminary Claim, a "Formal Complaint" can be filed if the client deems it necessary given the circumstances.

2. Formal Claim:

Upon receipt of a "Formal Claim", the Claims Department will implement a case assessment process as needed. The Claims Department will contact the customer and ask for documentation if necessary, otherwise, a letter of acknowledgment will be sent within five days from the date of receipt of the complaint.

Records:

The Formal Claim must include the following:

  • Formal letter on company letterhead explaining the situation in detail.
  • Claim amount, if any, and how that amount was calculated.
  • Documents supporting the claim (as applicable)
  1. Copy of the Master Air Waybill (MAWB) and House Air Waybills (HAWB)
  2. Commercial invoice
  3. Packing list
  4. Inspection (according to the country and /or competent authority)
  5. Certificate of Destruction (as applicable)
  6. Sale Settlement*
  7. Subrogation Rights
  8. Proof of insurance
  9. All documents relating to the shipment that may serve as proof or as a backup to the claim

* In the event that the goods are liquidated in the market at lower costs due to damage to the cargo.

Submission and Response Deadlines

Be aware that claims are subject to time limits for submission.  The time that elapses between the claimed event and the formal filing of the claim, so that the Claims Department can proceed with the review process varies according to the type of claim.

The person entitled to receive the cargo must file the claim within the time limits specified below:

If damage to cargo is visible - immediately after discovering the damage and no later than 14 calendar days from the date of receipt of the cargo.

In the event of delay - within 21 calendar days from the date the cargo is received at destination.

If cargo is not delivered - within 120 calendar days from the date of issuance of the air waybill or if an air waybill was not issued, 120 days from the date the cargo was received for transportation by the air carrier.

LAN CARGO is committed to responding your claims in accordance with the following response times, which depend on the type of cargo and the total amount claimed.

General Considerations:

The air carrier's liability is subject to rules and limitations relating to liability established by either the Warsaw Convention or the Montreal Convention (as applicable) and the Air Transport Agreement.

In accordance with the mentioned conventions governing international air transport, the carrier is not liable for destruction, loss or damage of cargo caused by:

  1. The nature of the cargo, or its inherent defects, quality or vice.
  2. Defective packing of the cargo carried out by a person other than the carrier, any of its employees or agents.
  3. Acts of God or Force Majeure (including, among others, an act of war or armed conflict).

If you need additional information, please contact the nearest sales Office.

Response Times (stated in business days)

Please keep in mind that the response times:

  • Are stated in business days from the date the customer provides the carrier all required documents for the shipment; and
  • Vary for cargo with optional insurance offered by the company.

Missing perishable cargo worth less than USD10,000.

Reception of Claim

Confirm Reception or Request Missing Documents

Research and Response to Claim

Customer Accepts Response with Signature

Payment of the amount offered in the Claim Response

0 days

5 days from receipt of claim

20 days from receipt of all requested documents

0 days

10 days after customer acceptance

 

Missing dry cargo worth less than USD10,000.

Reception of Claim

Confirm Reception or Request Missing Documents

Research and Response to Claim

Customer Accepts Response

Payment of the amount offered in the Claim Response

0 days

5 days from receipt of claim

60 days from receipt of all requested documents

0 days

10 days after customer acceptance

 

Other causes (damage / loss) less than USD10,000.

Reception of Claim

Confirm Reception or Request Missing Documents

Research and Response to Claim

Customer Accepts Response

Payment of the amount offered in the Claim Response

0 days

5 days from receipt of claim

25 days from receipt of all requested documents

0 days

10 days after customer acceptance

 

Missing perishable cargo worth more than USD10,000.

Reception of Claim

Confirm Reception or Request Missing Documents

Offer Letter of Rejection of Claim

Customer Acceptance of Response

Payment of the amount offered in the Claim Response

0 days

5 days from receipt of claim

25 days from receipt of all requested documents

0 days

10 days after customer acceptance

 

Missing dry cargo worth more than USD10,000.

Reception of Claim

Confirm Reception or Request Missing Documents

Offer Letter or Rejection of Claim

Customer Acceptance of Response

Payment of the amount offered in the Claim Response

0 days

5 days from receipt of claim

60 days from receipt of all requested documents

0 days

10 days after customer acceptance

 

Other causes (damage / loss) worth more than USD10,000.

Reception of Claim

Confirm Reception or Request Missing Documents

Offer Letter or Rejection of Claim

Customer Acceptance of Response

Payment of the amount offered in the Claim Response

0 days

5 days from receipt of claim

30 days from receipt of all requested documents

0 days

10 days after customer acceptance

 

Contact Information

For more information, contact the Claims Department in your area:

  • U.S.A., Canada, Asia and the Caribbean: Madeleine Naranjo. Fax: (1) 786-265 6214 (USA-Miami).
  • Brazil: Benicio Oliveira. Fax: (55) 19 3225 5155 (Brazil - VCP).
  • South America and Europe: Hector Yanez. Fax: (56) 2 2 694 7800 (Chile-Santiago)
  • Mexico and Central America: Fernando Gonzalez. Fax: (52) 55 5786 9543 (Mexico - Mexico City).