Terms and Conditions

Liability information of the freight forwarder according to § 451 g HGB and behavior in the event of damage

scope

The freight carrier (hereinafter referred to as the forwarding agent) is liable according to the transport contract and the German Commercial Code (HGB). The same liability principles apply to the transport of goods to and from locations outside Germany. This also applies if different means of transport are used.

Liability principles

The transport company is liable for any damage caused by loss or damage to the transported goods during the period from acceptance for transport to delivery or by exceeding the delivery deadline (custody liability).

Maximum liability

The liability of the freight forwarder for loss or damage is limited to an amount of € 620.00 per cubic meter of loading space required to fulfill the contract.

If the delivery deadline is exceeded, the liability of the freight forwarder is limited to three times the amount of the freight.

If the freight forwarder is liable for damages that are not caused by loss of or damage to the goods being transported or by exceeding the delivery deadline due to a breach of a contractual obligation related to the execution of the transport, and if the damages are other than damage to property or personal injury, in this case the liability is limited to three times the amount that would have to be paid in the event of loss of the goods.

Replacement value

If the freight forwarder has to pay compensation for loss, the value at the place and time of acceptance for transport must be reimbursed. If the goods being transported are damaged, the difference between the value of the undamaged goods and the value of the damaged goods must be reimbursed. This depends on the place and time of acceptance for transport. The value of the goods being transported is usually determined by the market price. In addition, the costs of determining the damage must be reimbursed.

Disclaimer

The freight forwarder is released from liability if the loss, damage or exceeding of the delivery period is due to circumstances which the freight forwarder could not avoid even with the greatest care and whose consequences he could not avert (unavoidable event).

Special grounds for exclusion of liability

The carrier is released from liability if the loss or damage is due to one of the following risks:

1. Transport of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
2. inadequate packaging or labelling by the sender;
3. Handling, loading or unloading of the goods by the sender;
4. Transport of goods in containers not packed by the carrier;
5. Loading or unloading of goods to be transported whose size or weight does not correspond to the spatial conditions at the loading or unloading point, provided that the freight forwarder has previously informed the sender of the risk of damage and the sender has insisted on the performance of the service;
6. Transport of live animals or plants;
7. The natural or defective nature of the goods being transported, which makes them particularly susceptible to damage, in particular through breakage, malfunction, rust, internal deterioration or leakage.

If damage has occurred which, according to the circumstances of the case, could have resulted from one of the risks referred to under 1. to 7., it is presumed that the damage arose from this risk.

The freight forwarder can only invoke the special grounds for exclusion of liability if he has taken all measures incumbent upon him under the circumstances and has complied with special instructions.

Non-contractual claims

The exemptions and limitations of liability also apply to any non-contractual claim of the sender or the recipient against the freight forwarder due to loss of or damage to the transported goods or due to exceeding the delivery period.

Due date of the agreed fee

The invoice amount is due in cash before unloading begins for domestic transport and before loading begins for international transport. If the sender fails to meet his payment obligation, the removal company is entitled to stop the removal goods or to store them at the sender’s expense after the transport has begun. Section 419 of the German Commercial Code applies accordingly.

Cancellation fees

The contract termination must be in writing. If the sender terminates a removal order before it is carried out, the following lost profit will be calculated as a percentage: if the termination occurs no more than three days before the planned transport, 75% of the order amount will be charged. If the termination occurs earlier, 50% of the order amount will be charged.

Elimination of liability exemptions and limitations

The exemptions and limitations of liability do not apply if the damage is the result of an act or omission committed by the freight forwarder intentionally or recklessly and with knowledge that damage would probably occur.

Liability of people

If claims for damages arising from non-contractual liability are made against one of the removal company’s employees due to loss or damage to the transported goods or due to exceeding the delivery deadline, the removal company can also invoke the exemptions and limitations of liability. This does not apply if the removal company acted intentionally or carelessly and in the knowledge that damage was likely to occur.

Handover of the goods

The goods are handed over to Schwalbe Moving Company unpacked. Claims for damages can only be made for goods that have already been packed if the packaging is also damaged and this is reported to Schwalbe Moving Company before unpacking.

Lien

Schwalbe Moving Company has a lien on the transported goods for all claims arising from the moving contract. It can refuse to release the goods as long as the agreed fee has not yet been paid.

Executing freight forwarder

If the transport is carried out in whole or in part by a third party (executing freight forwarder), this third party is liable for any damage caused by loss or damage to the goods or by exceeding the delivery deadline during the transport carried out by him, in the same way as the freight forwarder. The executing freight forwarder can assert all objections to which the freight forwarder is entitled under the freight contract. The freight forwarder and the executing freight forwarder are jointly and severally liable. If the employees of the executing freight forwarder are held liable, the provisions on the liability of employees apply to them.

Liability agreement

The freight forwarder informs the sender of the possibility of agreeing with him on liability that goes beyond that provided for by law, against payment of an appropriate fee.

Transport insurance

The freight forwarder informs the sender of the possibility of insuring the goods against payment of a separate premium.

Electrical and installation work

Unless contractually agreed, the employees of Schwalbe Umzugsfirma are not authorized to carry out electrical, gas, dowel or other installation work.

Damage report

In order to prevent claims for compensation from becoming void, the following must be observed:

• The sender is obliged to inspect the goods upon delivery for any externally visible damage or loss. These must be recorded in detail on the delivery note or a damage report or reported to the shipping company no later than the day after delivery.
• Damage or loss that is not externally visible must be reported to the shipping company in detail within 14 days of delivery.
• General claims for damages are not sufficient under any circumstances.
• Claims for exceeding the delivery deadlines expire if the recipient does not notify the shipping company of the delay within 21 days of delivery.
• If a report is made after delivery, it must be made in writing and within the stipulated time limits in order to avoid loss of entitlement. The report of damage can also be transmitted using a telecommunications device. A signature is not required if the issuer can be identified in another way.
• To meet the deadlines, it is sufficient to send the application on time.

Dangerous transport goods

If the goods being transported include dangerous goods (e.g. petrol or oil), the sender is obliged to inform the transport company in good time of the nature of the danger posed by the goods (e.g. flammability, corrosive liquids, explosive substances, etc.).

Agreement: German law applies.

Status: August 2017