When is a carrier liable for delays in transportation?
September 29, 2022 | 50,00 EUR | answered by Anna Sontheimer
Dear lawyer specializing in transport and logistics law,
I am reaching out to you as I am currently in a unclear situation regarding a delay in the transport of my goods. My name is Uwe Peters and I am the managing director of a medium-sized company that regularly transports goods.
Recently, there was a delivery of our products that did not arrive at the customer on time due to an unexplained delay with the carrier. This has caused significant inconvenience and financial losses. The carrier has not provided a clear explanation for the delay so far, and we are wondering if they can be held liable in this case.
We have already tried to contact the carrier to find a solution, but communication has been difficult and we feel abandoned. Therefore, we would like to know from you under what circumstances a carrier is liable for delays in transport and what options we have to receive appropriate compensation.
We are concerned about the impact of this delay on our reputation and business relationships and would like to resolve this as soon as possible. We hope that you can assist us and we thank you in advance for your support.
Sincerely,
Uwe Peters
Dear Mr. Peters,
Thank you for your inquiry regarding the unexplained delay in the transport of your goods and the associated financial losses. As the managing director of a medium-sized company, it is understandable that you are concerned and wish for a quick resolution of this matter.
In general, a carrier is obliged, according to the legal regulations of transport and forwarding law, to transport the goods entrusted to him safely and on time to the agreed destination. In case of delays in transport, the carrier is usually liable for damages caused by the delay. However, it should be noted that there are various circumstances that can affect the carrier's liability.
First of all, it should be checked whether a specific delivery deadline was agreed in the forwarding contract and whether the carrier has adhered to it. If no delivery deadline was agreed, the carrier must carry out the transport within a reasonable time. If the delay is due to the fault of the carrier or his agents, he can be held liable for the damages incurred.
It is important that you request the carrier in writing to provide a statement and at the same time ask for compensation for the damages. If the carrier continues to not provide a plausible explanation for the delay or refuses to cover the damages, you can take legal action. In such a case, I recommend that you contact a lawyer specializing in transport and forwarding law to enforce your claims.
It is advisable to document all communication with the carrier in writing and keep all relevant documents such as the forwarding contract, delivery notes, and any correspondence. Based on this, a lawyer can provide a legal assessment and assist you in enforcing your claims.
I hope that this information is helpful to you and I am available for further questions. Please do not hesitate to contact me if you need further assistance.
Best regards,
Anna Sontheimer
Lawyer specializing in transport and forwarding law
