Originally published at: Bacardi says American Airlines won't pay their $65,820 cognac bill | Boing Boing
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“5. As to the shipment herein described, carrier shall not be liable for any loss or damage thereto or delay caused by an act of God, the public enemy, the authority of law, the act of default of the shipper, the inherent nature or vice of the shipment, or compliance or noncompliance with delivery or special instructions.”
I’m assuming that a large supply of alcohol doesn’t actually count as a shipment with an inherent vice for the legal purposes of the AA Cargo Conditions of Contract; but it seems like there’s a plain-reading case to be made.
Jokes aside, this seems like it ought to be a pretty trivial case; agreements over whose problem it is if something bad happens during shipping are more or less universal when obtaining shipping services; so they should just need to see whether Bacardi specifically declared a higher value or whether the default coverage applies.
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Drinks are on me!
Don’t ask where I got the booze.
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The order was signed for by a D.B. Cooper.
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420 cases of cognac that “vanished” on a flight between Paris and Los Angeles
You know that party was epic.
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My tab is usually called in if it tops $40.
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Bacardi is suing AA, eh? For lost revenue, I presume.
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This is usually handled with the Bill of Lading, I think. The responsibility for delivery and the moment the customer takes possession should be specified there in case something like this happens.
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So AA needs to file a lost baggage claim form, with itself.
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Judging by how AA has handled locating my luggage, or reimbursing me for it, I’m guessing Bacardi should start writing it off.
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So American Airlines has just siezed Bacardi’s property with no payment.
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Correct, regardless of the relevant Incoterms they are ultimately still responsible for the loss, just a matter of who comes after them for it.
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