How can I enforce my rights as a consumer in transport law?
February 11, 2023 | 50,00 EUR | answered by Konrad Falk
Dear lawyer,
I am Christine Kohlstein and recently ordered a package which arrived damaged. The delivery person refuses to take responsibility for the damage and instead refers me to the transport company. I feel powerless as a consumer in this situation and wonder how I can enforce my rights in transport and freight law.
I have already tried to contact the transport company to receive compensation for the damage, but I have not received a satisfactory response. I am worried that I will be left with the costs for the damaged item and would like to know what legal steps I can take to assert my claims.
Can you explain to me what rights I have as a consumer in transport law and how I can best enforce them? Are there specific laws or regulations that can help me with this? What steps should I take next to receive compensation for the damage?
I am very grateful for your help and support in this matter.
Sincerely,
Christine Kohlstein
Dear Mrs. Kohlstein,
I understand your concern regarding the damaged package and the lack of cooperation from the delivery driver and the transport company. As a consumer, you have certain rights in such cases that can help you assert your claims and receive compensation for the damage incurred.
In transport and freight law, there are various legal provisions that protect consumers like you. Firstly, you should know that the carrier is generally liable if your package was damaged during transport. According to § 435 of the Commercial Code (HGB), the carrier is liable for the damage unless they can prove that the damage occurred without their fault.
To assert your rights, you should first contact the transport company and document the damage and the value of the damaged item. Request compensation for the damage and set a reasonable deadline for a response from the company. If the transport company continues to refuse to pay you adequate compensation, you can take legal action.
You have the option to consult with a lawyer specializing in transport and freight law, who can represent your interests and assist you in asserting your claims. Your lawyer can make a claim against the transport company and, if necessary, take legal action against the company to obtain adequate compensation.
It is important that you gather all relevant documents and evidence to support your claims. This includes the delivery receipt, photos of the damaged package and goods, as well as all communication with the transport company.
Overall, it is important that you do not get discouraged and that you know and assert your rights as a consumer in transport and freight law. With the assistance of an experienced lawyer, you can significantly increase your chances of receiving adequate compensation for the damage.
I hope that this information has been helpful to you and I am available for any further questions you may have.
Sincerely,
Konrad Falk
Lawyer specializing in transport and freight law
