How to Compensate for the Death of Pets During Int'l Shipping?

How to Compensate for the Death of Pets During Int\x26#39;l Shipping?

With the increase in international travel, disputes over pet shipping have become more frequent. A recent case heard by the Shanghai Pudong Court involving the death of two pet dogs during international shipping highlights key legal issues worthy of in-depth analysis. 

Mr. Shen traveled back to China from Paris, France, and arranged for the live transportation of two pet dogs, paying the relevant shipping fees. The dogs were confirmed healthy and compliant with transportation requirements before the flight, but both were found dead upon arrival. After failing to reach a compensation agreement with the airline, Mr. Shen sued, demanding a refund of over 3,000 RMB in shipping fees, compensation for quarantine costs, pet cabin fees, purchase and breeding costs, flight fare differences, spiritual solace fees, and other expenses totaling over 160,000 RMB, as well as an apology. 

Obviously， there are two key disputes in the case:  

1. Whether the airline fulfilled its duty of care: The plaintiff argued that the dogs' deaths indicated the airline's negligence, while the airline needed to prove it had taken reasonable measures during transportation. 

2. Determination of compensation liability: How to ensure fair compensation for the loss.

Since this case is a dispute over international air transportation, the Montreal Convention shall be applied preferentially. Article 22, Paragraph 3 of the Convention stipulates that if the shipper does not make a special declaration of the pet's value or pay additional fees, the carrier's liability is limited to 22 Special Drawing Rights (SDR) per kilogram (1 SDR ≈ 7.28 RMB). Article 29 further clarifies that claims must adhere to the Convention's limitations, excluding punitive or non-compensatory damages, which rendered part of the plaintiff's claims inadmissible.  

The parties ultimately reached a mediation agreement under court supervision: the airline paid Mr. Shen 7,000 euros. While this cannot fully alleviate the plaintiff's loss, it provides a legally binding resolution. 

Our Reminders for pet shipping: 

1.Understand transportation rules thoroughly: Familiarize yourself with the airline's policies on pet health requirements, container standards, and liability limits.  

2. Declare pet value and purchase insurance: For high-value pets, declare their value and pay additional fees. Consider purchasing shipping insurance to mitigate risks.  

Preserve evidence: Retain quarantine certificates, payment receipts, and communication records with the airline for potential disputes.