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Complaints

Dear Customer, below you will find a few phrases necessary to submit a proper complaint notification. At each of the stages of the proceedings we offer help and advice, so if in doubt, we encourage you to contact us by phone or e-mail.

Complaint - a claim made in writing, related to damage, shortage or loss of consignment (goods, cargo), arising from the time of accepting the consignment for transport, until its delivery or delay in the carriage of the consignment .

  1. Liability of the carrier due to delay, damage, shortage or loss of consignment - scope and rules:
    • in the case of international transport: Convention on the Contract for the International Carriage of Goods by Road (CMR) – Journal of Laws of 1962, No. 49, item 238 as amended,
    • in the case of domestic transport: the Act - Transport Law (consolidated text published in the Journal of Laws of 2000, No. 50, item 601, as amended).
  2. Complaints may only be submitted by an authorized person:
    • international transport: a person authorized to dispose of the consignment (consignor or consignee);
    • domestic transport: the Ordering Party or the person authorized to dispose of the consignment (consignor or consignee).

    Complaints may also be made by the person who will get the assignment of rights to act on behalf of the authorized person.

    Until the official notification of the damage in writing, we are talking about the reservation to the condition of the consignment (preparation of the damage report). Therefore, a complaint letter is necessary, in the form of a completed complaint form or in another written form, convenient for the Customer.

    NOTICE! Filing a complaint does not exempt from payment for the transport service.

  3. Documents necessary to submit a complaint:
    1. If it is a domestic transport service:
      • The original of the consignment note:
        – copy for the consignee, if the complaint is submitted by the consignee;
        – copy for the consignor, if the complaint is submitted by the consignor or the Ordering Party. The consignment note gives the customer, consignor or consignee the right to lodge a complaint.
      • Damage report - determines, among others, the type, the circumstances and the size of the damage. It is necessary for this document to be written down by the consignee and the driver delivering the consignment and confirmed by the parties with the signature - the original or a copy certified as a true copy*,
      • A copy of the commercial invoice accompanying the consignment, certified as a true copy,*
    2. If it is an international transport service:
      • The original of the consignment note - a copy for the consignee,
      • Damage report,
      • A copy of the commercial invoice accompanying the consignment, certified as a true copy* or other document confirming the value of the claim;

    *a true copy is a copy of a document whose compliance with the original document has been confirmed by a company stamp and a handwritten signature of the person authorized to represent the complainant.

    In case of failure to submit the above-mentioned documents, the complaint will not be considered. In special cases, the carrier has the right to request additional documents necessary to consider the complaint.

  4. Limitation of complaints takes place:
    • after one year for complaints for damage, shortage or loss of consignment (domestic and international transport),
    • after 2 months for delays in the delivery of the consignment (domestic transport - transport law),
    • after 21 days for delays in delivery (international transport - CMR Convention).

    Limitation in practice means that after the expiry of the indicated period, the carrier will not be obliged to pay compensation and will not take into account the complaint, even if, as a rule, he was liable for the damage.

    It should be remembered that rejecting a complaint without meeting the condition of returning attached documents (even if these were only photocopies) does not cause the limitation period to resume.

  5. Compensation limits
    1. domestic transport
      • loss, damage or shortage of consignment - up to the net value of the goods accepted for transport and covered by the complaint
      • delay in transport - up to transportation charges x 2.
    2. international transport
      • loss, shortage or damage of consignment - according to the value of the goods in place and in the period of its acceptance for transport, but it cannot exceed 8.33 SDR* per kg of missing or damaged consignment weight
      • delay in transport, compensation - up to transportation charges x 1

SDR - it is a currency unit of a non-cash money nature, associated with the international carriage of goods by road. The SDR exchange rate is published in Table A of average exchange rates of foreign currencies (currency code XDR).

The carrier cannot pay compensation in the amount of 100% of the value of the goods if it was partly damaged. Therefore, when determining the amount of the compensation, the complainant is obliged to reduce the extent of the damage - if of course it is possible. The demand for payment of compensation should be adequate to the actual size of the damage. Lodging a complaint immediately in the amount corresponding to the actual decrease in the value of the consignment - at the stage of lodging a complaint - will result in the complaint consideration process not prolonging unnecessarily.

The necessity to limit the extent of damage results from the provisions of the Civil Code (Article 354).

The response to the complaint will be sent within 30 days of receiving the complete set of documents regarding the case and explaining any circumstances of the damage and entities responsible for the damage.

The complaint may end with payment or refusal to pay compensation. The complainant may appeal against the decision by presenting his own position in writing within 30 days of receiving the decision

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