AI image
For late delivery on its own, the CMR Convention does not refund the value of the goods. Under Article 23.5, compensation for delay may not exceed the carriage charge (the freight), and it is only owed if you prove that the delay caused actual financial loss. On top of that, you must send a written reservation within 21 days of the goods being handed over.
Goods damage vs delay: two different caps
The Convention separates the two cases, and it is easy to miss. The CMR Convention treats loss or damage to the goods entirely differently from delay. When cargo is lost or damaged, compensation is based on the value of the goods but capped at 8.33 SDR per kilogram of gross weight short. When the goods arrive intact and complete, just late, a different and much lower ceiling applies: the amount of the freight.
| Type of event | Basis | Maximum compensation |
|---|---|---|
| Loss or damage to goods | Art. 23.1-3, Art. 25 | 8.33 SDR per kg gross weight |
| Delay in delivery only | Art. 23.5 | the carriage charge (freight) |
We break down the 8.33 SDR per kilogram mechanism separately in our article on the carrier liability limit of 8.33 SDR/kg. Here we focus on what you can realistically recover when time was the only problem.
What do you actually recover for a late delivery?
Say the freight for the run was EUR 1,800, and your UK consignee charged EUR 6,000 for a production-line stoppage because the pallet arrived a day after the delivery window. Under CMR the carrier is liable for up to EUR 1,800 at most, and only if you show a concrete, measurable loss. The remaining EUR 4,200 is not covered by the carrier's delay liability. That is not a gap in the contract, it is how the Convention itself is built.
Two conditions must be met together:
- Proven loss. Delay alone creates no claim. You must show that the delay caused a real financial loss (a debit note from the consignee, downtime cost, a lost specific contract, markdown of seasonal goods).
- Freight cap. Even with the loss fully proven, the payout stops at the carriage charge. Higher amounts are recoverable only where the parties declared a special interest in delivery (Art. 26) and paid a freight surcharge, or where wilful misconduct or its equivalent is in play.
Critical: reservation within 21 days
The most common mistake that kills a delay claim is silence after receipt. Article 30.3 of the CMR Convention is clear: compensation for delay is only payable if a written reservation was sent to the carrier within 21 days from the date the goods were placed at the consignee's disposal. What counts is dispatch, not arrival. Time limits for damage are different and shorter, which is why we cover the types of reservation and time-bar in our article on CMR claim time limits and the time-bar.
Practical minimum to avoid losing the right to claim:
- Note a delay reservation on the CMR consignment note at delivery where possible.
- Send a written notice to the carrier by the 21st day at the latest (count calendar days, not working days).
- Keep proof of dispatch of the letter; a delivery confirmation is good practice. A phone call does not count as a reservation.
When delay is not the carrier's fault
The carrier is relieved of liability if the delay was caused by circumstances it could not avoid and the consequences of which it was unable to prevent (Art. 17.2). But not every traffic jam or border check is force majeure. We draw the line between ordinary road risk and a discharging event in our piece on force majeure under CMR.
In practice, the dispute usually turns on whether a delivery time was agreed at all. A verbal "by tomorrow morning" with no confirmation in the order is hard to enforce. A guaranteed time should be written into the order explicitly, along with the consequences of missing it.
How does to protect yourself on time-critical delivery?
Since CMR does not cover the full loss from delay, the burden shifts onto how the transport is organised and onto the contract. Real levers:
- Declaration of special interest in delivery (Art. 26). For an extra charge on the freight you can raise the delay liability ceiling above the carriage charge. It makes sense for deliveries where being late costs many times more than the transport itself.
- A precise delivery-window clause in the order plus who notifies the consignee, when and how. Missing notification is often the real cause of a "delay".
- A time buffer on cleared loads. Checks and clearances on UK, CH or NO routes can stretch transit. Our own customs agencies on both sides shorten that stage, as we describe under customs clearance and export to the UK.
Legal basis and where to check
Do not act from memory or from second-hand summaries. Go to the text of the Convention on the Contract for the International Carriage of Goods by Road (CMR): the key provisions are Art. 19 (delay), Art. 23.5 (freight cap), Art. 26 (special interest) and Art. 30.3 (21 days). You will find the current text in the UN treaty database, for example the United Nations Treaty Collection. That source is decisive, not a forwarder's or carrier's interpretation.
Have a dispute over a late delivery, or want the transport set up so the delivery window is realistic and liability is clear? Describe it through our contact form. One point of contact runs the order from enquiry to delivery, with clearance and paperwork on our side.
Step by step
- Check delivery times. Compare actual unloading timestamps against order conditions.
- Assess financial loss. Establish whether the late arrival caused measurable financial damage.
- Gather documentation. Collect transport documents and proof of incurring financial loss.
- Submit written reservation. Send official notification to the carrier within the required timeframe.
- Calculate claim cap. Ensure the claim amount does not exceed the agreed carriage charge.
Definitions
- CMR Convention (Convention on the Contract for the International Carriage of Goods by Road): An international treaty establishing legal rules for road freight transport.
- Delay in delivery: Occurrence when goods are not delivered within the agreed timeframe or reasonable period.
- Carriage charge (freight): The agreed remuneration for performing the transport operation itself.
- Financial loss: Actual monetary damage incurred as a direct consequence of late arrival.
- Written reservation: Formal notice of claim sent to the carrier after taking receipt of cargo.
When does this rule not apply?
This statutory limitation does not apply if you prove that the delay resulted from wilful misconduct or gross negligence by the carrier, or if a special interest in delivery was declared with an agreed surcharge.
The OTSL role
OTSL organizes reliable international Road transport (FTL) while maintaining full clarity over carriage conditions. Learn more about liability parameters in our article Declared value in CMR (art. 24 and 26): raise carrier's limit.
