How can I as a shipper enforce my rights in transport law?
May 15, 2022 | 50,00 EUR | answered by Anna Sontheimer
Dear Transport and Logistics lawyer,
My name is Jenny Falk and I work as a shipper of goods. Lately, I have been experiencing increasing problems with transport companies not respecting my rights. It is common for my goods to arrive damaged or delayed, and I have difficulties enforcing my right to compensation or liability.
Currently, I am facing the issue that a delivery of my goods has been lost in transit. The transport company refuses to take responsibility and compensate for the resulting damage. I have tried negotiating with the company, but without success. I am worried about my financial loss and would like to know how I can effectively enforce my rights as a shipper in transport law.
What legal options do I have as a shipper to claim compensation for breaches of transport contracts by the transport company and enforce my rights? Are there any specific laws or regulations that can help me in this case? How can I proceed legally to recover the damage and avoid future problems with transport companies?
Thank you in advance for your support and advice on this matter.
Yours sincerely,
Jenny Falk
Dear Mrs. Falk,
I understand your concerns and would like to help you effectively enforce your rights as a shipper in transport and freight law. If a delivery of your goods is lost in transit and the transport company refuses to take responsibility and compensate for the damage, you have various legal options available to you.
First and foremost, it is important that you collect and keep all relevant contract documents and correspondence with the transport company. These can serve as evidence to support your claims. Furthermore, you should set a deadline in writing for the transport company to compensate for the damage. If the company does not comply with this demand, you can initiate legal action.
In transport and freight law, there are various legal provisions that can help you as a shipper enforce your rights. For example, the Commercial Code (HGB) in Sections 407 et seq. regulates the liability of the carrier in case of loss or damage to the goods. The carrier is liable for the full value of the goods, unless he can prove that the damage is not attributable to his fault.
Furthermore, there are other legal provisions, such as the CMR Convention for international transport or the ADSp (General German Forwarders' Terms and Conditions) for national transport, that can strengthen your rights as a shipper. It is important that you familiarize yourself with these provisions and, if necessary, consult a lawyer to represent your claims.
To compensate for the damage incurred and avoid future problems with transport companies, I recommend that you enter into contracts with clear liability provisions and regularly review the services of transport companies. In addition, you should act promptly in case of damage or loss and assert your claims in order not to lose your rights.
I am available for any further questions and support you in enforcing your claims in transport and freight law.
Best regards,
Anna Sontheimer
