How to file a claim with a transport company. How to file a claim with a transport company for cargo damage. Sample complaint to a transport company

The services of transport companies are in demand in various spheres of life. And sometimes they have to trust valuable things that are not so easy to transport. When ordering cargo transportation services, there is always the possibility of some complications that are associated both with the quality of work of a particular transport company and with the complexity of the order itself. And, of course, there is always the possibility of receiving your package damaged or not receiving it at all.

In this article we will talk about how to file a claim against a transport company if the cargo was damaged during transportation or completely lost. We will consider the claim in detail for a peaceful settlement of the issue, and will also tell you how to protect your interests with the help of the government.

How to write and submit a claim?

If you want to resolve an issue with a transport company quickly, without any problems and without involving specialists from government services, then you should start with a written appeal to the transport company itself. Writing such a claim for loss or damage to cargo is quite simple - it is in free form, and you can describe the complaint in any way convenient for you. But at the same time The structure of such a claim is quite strict:

Heading. It will require you to indicate the name of the transport company or its branch, full name of the manager and information on the applicant: full name, address and contacts;
Information part. Contains general information about the transportation operation itself, an indication of damage or loss of cargo, requirements for the transport company and justification for these requirements;
Conclusion. It contains a list of documents and evidence attached to the claim, as well as the signature of the applicant and the date of filing the appeal.

In this case, you need to prepare two copies - one will remain with you, and the other will need to be transferred directly to the office of the management company. This can be done by mail (be sure to take a receipt for sending and receiving the letter), by personally contacting the department, or by submitting a claim with the help of a representative with a power of attorney.

Information

There are advantages and disadvantages to such a loss claim. Positive features include ease of filing, no need to involve third parties and fairly quick consideration of the complaint. The disadvantages are the lack of efficiency (such a claim can simply be ignored) and the refusal of many transport companies to accept the photo and video evidence you have.

How to file a claim online?

In addition to writing a complaint to the transport company about loss or damage to cargo, you can submit a complaint in two other ways - by phone or via the Internet. The first method is already quite outdated, and the operator’s help always consists only in giving you basic information and directing you to the same site. Therefore, let’s immediately move on to online claims.

As a rule, each major transport company has its own website, which has a section for filing complaints. There you can leave your appeal in a special form, attaching photographs and scans of documents as evidence. Such an operation also has its positive and negative features: such applications are processed the fastest and no special preparation or effort is required to prepare them. But such complaints most often remain unanswered, and after their consideration you will not have documentary evidence of filing a claim for loss or damage to cargo.

Where else can you complain?

It often happens that an unscrupulous carrier unreasonably refuses compensation, ignores the request, or even commits fraud. In this case, it is worth involving authorized government services. A complaint about loss or damage to cargo is a very peculiar thing, and only two places can help you with it: Rospotrebnadzor and the court. Let's tell you more about them.

Complaint to Rospotrebnadzor

Rospotrebnadzor is a public service that oversees the work of all legal entities offering services and goods to the population. Since the transport company undertakes to transfer your cargo for money, it provides you with a service and, as a result, is obliged to obey this organization and the service standards established by it. So if you have become a victim of poor-quality transportation, you should contact Rospotrebnadzor. This can be done with the help of a written appeal, which has a strict form and, unlike a complaint to the transport company itself, is written in a strict manner.

Heading. Contains:
1. Address and full name of the Rospotrebnadzor branch;
2. Full name and address of the applicant;
3. Contacts;
Information part. Contains:
1. The name of the transport company you contacted for transportation;
2. Description of the service provided to you, number, date of implementation and other relevant information;
3. Description of your complaint, the nature of the damage received by the shipment, the estimated cost of loss or damage;
4. A list of actions you took to reach a peace agreement and the reaction of the transport company;
5. Your requirements to Rospotrebnadzor and their justification;
Conclusion. Contains:
1. List of attached evidence: a copy of the contract, a claim to the transport company, a response letter, photographs of damage, assessment certificates, etc.;
2. Signature;
3. Date of application.

Information

You can also submit a complaint in three ways: personally contact the department, submit a complaint through a representative, or send it by registered mail. Rospotrebnadzor has 30 days from the date of receipt of the complaint to consider the claim, during which they will be required to provide an official written response. If a decision is made in your favor, the transport company will be obliged to partially or fully satisfy your requirements within the specified period.

Sample

Below you can download a sample claim:

Sample documents

Lawsuit

If Rospotrebnadzor could not help you in any way, or the transport company refused to comply with the orders assigned by this service, then you have the opportunity to demand justice in a higher authority - the court. In order to report a violation and initiate a case, you will need to draw up a statement of claim, which is almost completely similar to the complaint to Rospotrebnadzor described above (you will not need to indicate the full name of the responsible employee from the court in the title). After submitting the application, proceedings will be initiated, during which you will need to prove that the damage was caused by the fault of the transport company, and its refusal to compensate is unfounded. We highly recommend that you hire a lawyer, since the transport company is guaranteed to have a lawyer present.

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Samples of claims to the transport company

ATTENTION! Look at the completed sample claim to the transport company for lost cargo:

You can DOWNLOAD sample claims to the transport company using the links below:

How to write a complaint correctly

The transport company is responsible for the integrity and safety of the delivered cargo. If violations are detected, the customer has the right to write a complaint and receive compensation for the inconvenience. In addition, the transport company is obliged to compensate for losses. If the manager refuses to fulfill his duties, the customer may file a lawsuit.

Important! When concluding a supply contract, the transport company becomes responsible to the client. In case of untimely delivery of cargo or its damage during transportation, the carrier is obliged to compensate losses and pay compensation for the inconvenience.

Upon receipt of the cargo, the customer checks the integrity of the packaging, the authenticity and correctness of the documents, as well as the correspondence of the inventory items to the actual availability.

Inspection work is carried out in the presence of an employee of the transport company, after which a transfer and acceptance certificate is drawn up. It reflects information about the condition of the cargo. If discrepancies or damage are found, the client has the right not to accept the goods or write a claim to the head of the vehicle.

The complaint must contain the following information:

place and date of delivery of the cargo;
information about the recipient, his passport details, registration address;
the price of the delivered cargo, as reflected in the official documentation;
information about the condition of the cargo, the presence or absence of damage;
for what reason the cargo was damaged, if known.

The claim is signed by both parties and the date of its preparation is indicated. It reflects the information that if the head of the transport company does not want to peacefully resolve the conflict, the customer will be forced to go to court.

The document must be drawn up in two copies. One remains with the customer, the second is sent to the head of the carrier. The client’s document is affixed with the signature of a person who has the right to respond on behalf of the transport company, confirming the acceptance of the complaint.

If for any reason the carrier does not want to accept the claim, a copy should be sent by registered mail. The notification will serve as proof that the organization has received the complaint.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Required documents as attachment

To reliably reflect the problem, documents should be attached to the written complaint that will serve as evidence of damage to the cargo or violation of delivery deadlines.

These include:

an agreement concluded between the carrier and the customer for the delivery of cargo;
check, receipt confirming payment for the service provided;
acceptance certificate, which reflects the reasons for the client’s refusal to accept the cargo.

Please note! In addition to documents, you can attach a photo or video file that shows existing damage. The shooting should be carried out in the presence of the cargo delivery person so that he gets into the camera lens.

In what cases can you submit a document?

When ordering a “cargo transportation” service, not all clients think about the fact that unforeseen circumstances may happen on the road. The product deteriorates, the service is provided with a delay. As a rule, when drawing up a contract, the nuances are discussed in advance.

In this case, the transport company does not bring the matter to trial, but tries to resolve the conflict peacefully. However, under any circumstances, if a malfunction is detected, it is worth filing a claim.

The rule is regulated by Art. 797 of the Civil Code of the Russian Federation. In accordance with the legislation of the Russian Federation, the customer is obliged to try to independently negotiate with the head of the transport company on compensation for losses by submitting a written claim.

If it is not possible to reach an amicable agreement, you should file a claim in court.

The claim is drawn up on a blank sheet of paper, without marks or damage. The text reflects the essence of the problem, written in literate, understandable Russian. Signed by both parties.

Upon receipt of the cargo, they first inspect the integrity of the packaging, after which they open it and check the contents. A transfer and acceptance certificate is drawn up, which reflects all the nuances of delivery, damage, and non-compliance with the inventory.

In accordance with current legislation, the client has the right to refuse to accept the cargo or draw up a document about damage and the need for compensation in the following cases:

the integrity of the packaging is compromised;
inconsistency of the contents of the presented inventory;
delivery was delayed, as confirmed by the delivery agreement;
the contents are damaged, damaged or inoperative.

Deadlines for filing a claim with the transport company

The timing of filing a claim depends on important factors.

Attention! These primarily include:

the reason why the cargo was delivered with violations;
what type of transport was used to deliver the cargo;
pre-agreed terms of the supply contract.

Before filing a claim in court, you should write a claim addressed to the head of the transport company. Otherwise, the claim will not be accepted for consideration.

It is important to comply with the statute of limitations so that it does not happen that the head of the company, having received a claim, refuses to compensate for losses, and in accordance with the law, the client does not have the right to file a claim due to the expiration of the deadline for filing a complaint.

Regulatory legal acts adopted by the Government of the Russian Federation regulate clear deadlines during which the customer has the right to file a claim:

30 days from the moment of discovery of the defect - loss of cargo;
10 days from the date of discovery of loss of cargo during transportation by air;
120 days from the date of discovery of loss of goods during transportation by different modes of transport;
180 days from the date of detection of cargo damage;
3 months from the end of the delivery period stipulated by the contract.

If the client discovers deficiencies or damage to the cargo, he has the right to recover the amount of damages incurred. To do this, you must file a complaint within six months from the date of discovery of the deficiencies. If the customer, in addition to damages, wishes to recover the amount of the penalty, then complaints must be sent within 45 days.

Representatives of the transport company are required to consider a written complaint within one month. The rule is stipulated in Federal Law of the Russian Federation No. 59 of May 2, 2006 “On the timing of consideration of citizens’ appeals.”

With the delivery of goods via international routes, the timing is slightly different. The customer is obliged to submit a written complaint within 21 days if a violation of delivery deadlines is detected. However, if the cargo is lost during transportation, the customer has the right to file a claim within one and a half years.

How to file a claim with TC

Remember! If defects in the cargo are detected, the customer has the right to submit a written claim in several ways.

These include:

personal appeal. The applicant draws up a complaint in two copies and addresses an authorized employee of the company. When accepting a claim, the responsible person puts an acceptance mark on the client’s copy. Otherwise, when filing a claim in court, the document has no legal force. The paper is certified with a signature, transcript, date of acceptance, as well as the company’s seal, if available;
postal item. If the customer does not have time to personally contact the transport company, he has the right to send a claim by registered mail with acknowledgment of receipt, which will subsequently serve as evidence of delivery of the letter to the addressee. This method should be used when the head of the company refuses to accept the complaint and sign the client’s copy, as well as if the TC itself is located far from the customer;
in some cases, during legal proceedings, company representatives claim that the letter did not contain a complaint, but that something else was sent. To avoid such proceedings, you should send a letter with an inventory.

In addition to the above methods, there are other options for filing a complaint that you should use for your safety:

filing a claim in front of witnesses. This method guarantees the acceptance of the complaint. However, if the company’s employees refuse to put a stamp on the client’s copy, a report is drawn up that records the violation on the part of the company, which is confirmed by the signature of the witness;
filing a complaint with a notary. A notary is a person who has the right to act on behalf of a client. He is authorized to certify violations by the transport company. For large amounts of damages, this method of filing a claim should be used. The notary independently contacts the company that has violated the rights of the citizen. If her representative refuses to accept the complaint, he will independently certify the refusal document. It has high power in legal proceedings;
leave a review in the complaint book. This method cannot be considered as a legally competent option for filing a complaint. However, it does exist. It is impossible to prove your case in court. However, it is quite possible that the company’s management does not know about the fact of the violation, and after viewing the book they will pay attention and try to resolve the conflict.

However, if the client wishes to use this option as a method of filing a written complaint, the recording should be recorded on a camera or video camera. Be sure to reflect the first page, the page with the complaint, as well as the place of writing and the company employee. Otherwise, it is impossible to prove in court the fact of filing a claim.

Watch the video. How to write a complaint correctly:

Filing a complaint online

If the transport company through which the client ordered cargo delivery is large, as a rule, it has its own website. Online stores also regulate the delivery of goods. There is a section for receiving complaints from clients.

A special form is provided that can later be printed. Additional documents in electronic form, photographs, and videos are attached to it. As a rule, an online complaint is processed quickly, before the deadline for considering citizens’ appeals.

Important! However, more often than not, transport company employees do not want to respond to such a complaint to the client. But if you print out a sample and contact a specialist to get it certified, you can safely go to court or Russian consumer supervision.

Where else can you complain?

In addition to the management of the transport company, the court, you can complain to other regulatory authorities.

You need to select a unit based on the type of transport used to transport cargo:

State Inspectorate for Safe Road Traffic;
transport prosecutor's office;
Russian consumer supervision;
other authorized departments.

Such bodies accept claims and consider them within thirty days from the date of filing. If the complaint is of a financial nature, representatives of the department initiate a civil dispute. However, further investigation should be carried out independently, without the help of these specialists.

In case of resolution of financial disputes, recovery of the amount of the penalty, the customer whose rights have been violated should go to court. If the amount of the claim is below 50 thousand rubles, then the application is submitted to the magistrate, if the value of the claim is more than 50,000 rubles, then the application is submitted to the district court.

In fact, the applicant does not want to punish the management of the transport company, but is trying to recover from them the amount of damages or compensation for the inconvenience.

Appeal to a judicial authority

Attention! If you cannot peacefully resolve the conflict with the transport company, you should file a claim in court. To do this, the document must be properly prepared.

It must contain:

name, actual address of the court;
applicant details (full name, registration address, contact phone number);
data of the representative, if the complaint is filed through an authorized person;
name of the defendant company, actual and legal address, full name of the manager, contact details;
text that reflects the problem, as well as under what circumstances the citizen’s rights were violated;
the amount of the claim, as well as on what basis this particular price was formed;
under what circumstances the violation of rights was discovered;
evidence in the case presented by the list;
date of writing the application and signature of the applicant.

ATTENTION! Look at the completed sample statement of claim for recovery of losses caused by damage to cargo:

A claim against a transport company requires professional assistance and advice from an attorney.

Delivery of goods and documents is one of the most popular services today. Today, the services of transport companies and logistics firms are used by large companies, small firms, and individuals. At the same time, a lot often depends on timely and correct delivery; delays and losses sometimes lead to serious financial losses. That is why you should know how to file a claim with a transport company.

When can you complain about a carrier or logistics company?

Protection of consumer rights in the field of transport services and arbitration disputes between entrepreneurs-customers and logistics companies provides for the possibility of filing a claim and demanding compensation for damage in the following cases

claim from the transport company for damaged cargo
claim from the transport company about delivery delay
claim from the transport company for loss of cargo

In addition, there are cases when transport companies charge for non-existent packaging, for returning documents, and so on, without actually providing these services. When making a claim, you must understand in advance that it will be considered from the point of view of compliance with the contract with the carrier and the law. Often, customers are outraged by the discrepancy between the transportation times that were indicated in the preliminary calculation, announced by the operator, and so on, but in this case the matter will obviously be lost.

Our lawyer has also repeatedly encountered other controversial situations in the field of transportation. The lawyer will resolve another dispute with the logistics company: professionally, on favorable terms of the agreement for the provision of legal services, in compliance with all agreed terms of work. If you decide to act on your own, then carefully read all our recommendations in this material.

Where to file a claim?

Making a claim to a transport company is not too difficult: you need to provide your personal data, describe the situation, indicate the cost of the cargo, state the essence of the claim, formulate your requirements and attach photographs. The last point is not mandatory, but without it it will be too difficult to prove that there was a violation at all, especially if it is damage to the cargo or the absence of paid packaging.

A claim from a transport company for damage to cargo or delays in delivery must be submitted as quickly as possible after discovery of a discrepancy, since the appeal deadlines are set separately for each type of transportation. If the deadline for filing a claim with the transport company has passed, you should still contact management, and then go to court if the damage is significant, but in this case you will need a good evidence base and the support of an experienced lawyer.

If the transport company lost the cargo, missed the documented deadlines, or failed to fulfill its obligations, you can also demand compensation for subsequent losses. This may include moral damage and lost profits. But in order to receive compensation, you will need to justify the amount of your claims and the existence of those same losses in reality. The Federal Law “On the Protection of Consumer Rights” guarantees that not only the protection of the above situations is guaranteed, but

How to write a complaint to a transport company correctly?

You have received the cargo, before you sign the documents on acceptance of the cargo, you need to inspect it, namely the integrity of the packaging, the cargo, and check the documents for the cargo. If you see that your cargo is damaged, then you should indicate this in a document, namely in a report (filled out in duplicate) in the presence of a warehouse employee. Take photographs and document the damage (possibly by video recording). After you have done everything that I indicated to you, then you file a claim against the cargo carrier.

For drawing up an act and a claim, the legislator provided us with the following reasons:

Damage to packaging or cargo;
Discrepancy found in the number of places;
Violation of pre-agreed delivery dates;
Damage to contents during transportation.

The drafting must be justified and supported by documents, and also have a legal basis. It can be compiled either in simple written form or in printed form. In the claim itself, indicate in the header the name of the shipper, address, and TIN and OGRN information. Please enter your details below.

After this, indicate in the claim when, on what date it was received, what document was drawn up (delivery agreement No. 000 from 0000), the parties.

Indicate that upon receipt of the goods, violations were identified (indicate them). Next, the regulatory justification of the claim, and the pleading part.

In the petition part, you can demand a refund of the amount, a reduction in the amount of the goods supplied, or a replacement. Also in the petition part you indicate the period for consideration of the claim is 30 days, this only applies there two times less.

You wait for a response to your claim, and if you don’t receive one or receive a refusal, then feel free to file a claim in court.

USEFUL: watch more tips on filing a claim in our video

Deadlines for filing a claim with the transport company

The period depends on the type of transport used to deliver the goods, the distance and the nature of the damage to the property. In case of complete loss of cargo, a claim is filed after 30 days from the date of completion of its delivery or 10 days if the cargo was delivered by air.

If delivery was carried out mixed (by air, by road), then after 4 months from the moment the cargo was accepted, and if the cargo was damaged, from the moment the cargo was received. If the pre-agreed delivery time is violated, then from the day the delivery is completed.

Sample complaint to a transport company

To (name of airline or squadron, address)

From whom_______________________________________________

Transport claim

due to breach of obligations

under a passenger air transportation agreement

On 01/09/2018, I purchased a _____ ticket for flight No. 102029 on the Yekaterinburg-Moscow route, which was scheduled to take place on 01/09/2018 at 12:00 p.m. The flight did not take off, as the flight was delayed until 01/10/2018 at 13:00. This fact is confirmed by the mark on the air ticket.

USEFUL: watch the video and find out why it is better to draw up any sample claim or complaint with our lawyer, write a question in the comments of the video, subscribe to the YouTube channel

According to paragraph 1 of Art. 103 of the Air Code of the Russian Federation, under an agreement for air transportation of a passenger, the carrier undertakes to transport the passenger of the aircraft to the destination, providing him with a seat on the aircraft performing the flight specified in the ticket, and in the case of air transportation of luggage by the passenger, also to deliver this luggage to the destination. The delivery time for passengers and baggage is determined by the air transportation rules established by the carrier.

The contract for the carriage of passengers was concluded by the plaintiff solely for personal needs not related to business activities, in this regard and on the basis of the preamble of the Law of the Russian Federation “On the Protection of Consumer Rights,” I believe that the relations that arose between him and the airline are subject to the norms of the Law of the Russian Federation “ On the protection of consumer rights."

I fulfilled my obligations to the airline, and the company fulfilled its obligations in violation of the deadline for the provision of services in accordance with Art. 27 of the Law of the Russian Federation “On the Protection of Consumer Rights” did not fulfill its obligations regarding the period of provision of services.

I also ask on the basis of paragraph 1 of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights” and clause 99 of the Federal Aviation Rules “General rules for air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees”, approved by Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 N 82 in full compensate for losses caused to me in connection with violation of the terms of the air transportation agreement, namely:

Taxi fare to the hotel is 150 rubles
Payment per night in a hotel from 16:00 to 09:00 1500 rubles
Travel from the hotel to the airport 200 rubles
The total amount of losses is 1850 rubles.

Based on the above,

I ASK:

1. Voluntarily pay me a penalty for violating the terms of provision of services in the amount of 9,000 rubles. Payment deadline is January 31, 2018.

2. Compensate me for losses caused in connection with violation of the terms of provision of services in the amount of 1850 rubles. Payment deadline is January 31, 2018.

3. Please inform me of your decision in writing within the prescribed period.

Date, signature

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Assistance from a lawyer in filing a claim against a transport company

Every citizen or organization must competently defend their violated rights. You just need to know where to turn, and you need to contact our office, because before a claim or lawsuit is drawn up (), a lawyer at a law office reviews not only the papers, but also the practice in order to apply the correct rule and try to resolve the issue out of court.

P.S.: if you have a problem, call our lawyer and we will try to resolve your issue: professionally, on favorable terms and on time

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Did you receive the product in damaged condition? Unpleasant situation. But since this has happened, it is necessary to take all measures to restore justice.

In this situation, a prerequisite for a successful solution to the problem will be a claim to the transport company for damage to the cargo. Drawing up such a document and submitting it to the transport company for consideration is one of the effective ways not to suffer financially.

Legislation

All transport cargo transportation is regulated by the Civil Code of the Russian Federation. Contracts for supply and transportation of goods fall under the norms of Chapter 40. It spells out the general rights and obligations of the carrier and the consignor with the consignee, the responsibilities of the parties in various cases and during transportation by different transport.

The Railway Charter of the Russian Federation regulates the transportation of goods by rail. Air Code of the Russian Federation and Federal Aviation Rules for air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees - cargo transportation by air.

The Internal Water Code of the Russian Federation regulates all cargo transportation by water.

The statute of automobile and urban ground electric transport should be followed when preparing a claim for poor-quality transportation of goods by truck.

Transportation outside the country (international) is subject to Incoterms rules. Both parties are guided by its terms when writing letters of claim.

Transportation of cargo is a service of the carrier, and in this area of legal relations it falls under the regulation of the Law of the Russian Federation “On the Protection of Consumer Rights” (Articles 27 and 28).

Grounds for complaint

You can complain about any negative factor, even if you were rude during unloading. But there are few mandatory conditions to formalize it and they are defined by law:

The packaging and seals, including the cargo, are damaged.
Loss.
Late delivery (delay).
Delivery not in accordance with invoices (short delivery in terms of quantity and assortment).

Based on the circumstances, a claim is filed against the transport company, taking into account the nuances.

Damage

In most cases, damage to cargo can only be determined upon receipt, so the claim is prepared by the recipient’s company. But if the goods were damaged due to violation of the loading rules (glasses broke, something exploded, etc.) or a vehicle carelessly approached loading, resulting in damage to it, then the sender may file a claim.

A simple written form with all the required details.

It is impossible to present multiple cases of damaged cargo in different deliveries in one requirement. For each damage upon delivery, a separate report and claim must be drawn up. Damage is confirmed by photo, video, and expert opinion.

Loss

The initiator of a dispute regarding the loss of cargo should be the company that transported it and managed to lose it.

If there is a suspicion that the goods have been stolen, it is the company transporting it that must file a report of the theft. At the same time, she must inform the sender and recipient of the goods.

If the company is committed to further business cooperation, then compensation for the loss should come from it. If the cargo was insured in case of loss, the carrier collects documents together with an employee of the insurance agency to justify the payment.

Delay

If the cargo is delayed, then each day of delay involves the payment of a penalty or fine. Within the framework of the Civil Code of the Russian Federation, in this case, recovery is provided not only for actual damage, but also for lost profits.

The benefit is documented by a copy of the torn sales contract. Damage and related losses are confirmed not only by a counterclaim from a real buyer, but also by a payment order for payment for the goods and its delivery.

Water transportation involves a fine of 9% of the delivery cost. Each day of delay is calculated, but not more than half of the delivery cost.

When signing a supply agreement, you should pay attention to the liability for late delivery, the amount of penalties and fines and when they are accrued.

Shortage or underdelivery

Shortages occur quite often. This may happen due to careless handling or intentional illegal actions of the carrier’s employees, who hoped that the recipient would not report the shortage of goods.

In this case, it is mandatory to make justified complaints and draw up a letter of complaint.

That's not what they brought

During the acceptance of the product, it became clear that part of it was not lost and did not correspond to the delivery note. To begin with, a report on the discovery of deficiencies is also drawn up.

Under Article 518 of the Civil Code, a claim to replace the goods with the correct one is presented to the supplier and at his expense, unless he proves that he sent everything in accordance with the invoice.

Cargo transportation is a popular service; everyone has directly or indirectly encountered the services of a transport company. Many carriers offer their services and try to perform them efficiently.

But there are cases in which the cargo is damaged or not delivered on time.

In such situations, it helps to solve the problem by filing a claim with the transport company about a delay in delivery - an example of a competent drafting of which we will consider.

When sending goods by a transport company, the customer takes a risk every time. During transportation, circumstances cannot be excluded in which the sender's goods may be damaged, spoiled, or irretrievably lost.

Freight transportation is a service in demand these days. It just so happens that you often need to transport something. Someone is moving to a new place of residence, and the contents of the apartment need to be moved.

Someone constantly transports parcels from one city to another and sells them. Someone bought a good thing and wants it delivered from the store. Someone needs to carry luggage.

Unfortunately, modern people often have to deal with such a situation as cargo damage during transportation. The highways are full of cars and anything can happen on the road.

What to do in a situation where the parcel was delivered in poor condition, or was not delivered at all? File a claim with the transport company, because companies promise to always meet their customers halfway, and this often happens.

However, the item is not always insured, and the driver agrees that damage to the cargo is his fault. Sometimes you have to prove that you are right and insist on your rights.

But according to the law, before filing a claim in court, you should send a complaint to the transport company, as specified in Article 797 of the Civil Code of the Russian Federation.

What needs to be done before filing a claim for damage to goods during transportation

According to the law, an act of receipt of damaged or damaged cargo must be drawn up at the request of one of the parties. The second party, in turn, does not have the right to ignore this requirement or refuse it. Employees of the organization must help resolve the issue, regardless of whether they agree with the claims made or not.

A company providing cargo transportation services acts as a subject if the client who contacted the transport company did this:

On your own initiative;
Through the organization's office;
I ordered a car.

In practice, you may encounter situations where the manager of a store where large goods are sold pays for the services of a transport company. In this case, employees of another organization are responsible for delivery, and the consumer only receives delivery of the goods at the expense of the outlet. When drawing up the report, pay attention to this aspect and address the claim to the subject or its contractor.

According to the rules, a claim to a transport company is drawn up on the basis of an act and a number of other documents. These may include photographs confirming damage to the cargo. That is why, first of all, when you discover damage in the delivered cargo, take a photo. It is advisable that the frames reflect the date, time and report form. In this case, the photographs will serve as excellent evidence of the guilt of the cargo transportation company.

In order to avoid an unpleasant situation when a signature was placed for the received cargo, but in fact you discovered damage, carefully study all the documents. Remember that it will be much more difficult to prove anything if you have already signed for the accepted goods.

How to write a claim to a transport company about cargo damage

Before we begin discussing writing a claim, it is necessary to touch upon the moment of discovery of damage. This is by no means an unimportant aspect. Damage may be discovered after receiving the shipment.

For example, upon opening the package, a crack in the glass of the door will become obvious. In this case, the process of proving the fact that the recipient of the cargo was not involved in its damage will be very difficult.

A very important point is the contract on the basis of which the cargo is delivered. Namely, whether it is delivered by agreement between the transport workers and the manufacturer (seller) of the property or with the recipient.

In the first case, the carrier is a subcontractor, and in the second, an entity providing transport services.

The indication at this point is intended to emphasize the importance of establishing who exactly is responsible to the consignee. This determines who should file a claim that the cargo was damaged during road transportation.

It often happens that the carrier is not to blame; the product was initially defective, but the defect was hidden by the packaging. Under such conditions, it may be necessary to prove your non-involvement in the damage to the goods and write that it was of poor quality from the beginning. So, when accepting cargo, you need to take these circumstances into account in order to minimize risks.

Contacting the bank

Before starting enforcement proceedings, it is worth trying to resolve the issue through the bank servicing the carrier. There you should submit an application to write off funds from his account, attaching the original writ of execution to it.

And if the transport company has funds in its accounts, they will be transferred to the account of the plaintiff (the injured party). Otherwise, the writ of execution will be returned to the claimant.

If the option with the bank does not lead to a positive result, then compensation for the cost of the lost cargo will have to be carried out with the help of bailiffs.

For this purpose, a separate application for the commencement of enforcement proceedings is being prepared. It is submitted to the FSSP authority at the location of the carrier.

This should be done for several reasons.

A cargo transportation lawyer, after studying all the documents, can correctly apply the law in pre-trial proceedings with the transport company and in the hearing of the case in court.

Having studied the situation in detail, he will take into account materials from judicial practice. Agree that knowledge of precedents can play an important role in a dispute with a transport company and other carriers.

In addition, the specialist will help you draw up all the necessary documents that will document the loss of the cargo. After all, the final result of the dispute depends on the correctness of their execution.

Also, the lawyer will be able to build the correct tactics of the trial and prove during the trial that his client is right. It also happens that a specialist must enter into an already existing process. Then he will first familiarize himself with the case and form his own position in favor of the client.

If necessary, a lawyer in a dispute with the carrier will prepare an appeal or cassation complaint. If the carrier intends to appeal the decision, the lawyer will prepare reasonable objections.

The conclusion of an agreement between the client and the carrier implies the responsibility of the parties, and in case of failure to comply with the stated conditions, filing claims is the norm. The correspondence of the information specified by the sender in the documentation with the actual characteristics of the cargo is checked by the transport company.

If the carrier has accepted the object for delivery, he is responsible for it until it is delivered to the recipient. It is important to initially try to come to an agreement without involving government agencies, by writing a letter of complaint directly to the carrier, which is regulated by the Civil Code of the Russian Federation, Art. 797 “Claims and claims under the contract for the carriage of goods.”

Freight transportation today has become the most important part of business activity. Thanks to the variety of methods for delivering goods and vehicles, any object can be transported from one point to another.

Cargo transfer is a responsible event that requires careful implementation of all organization and execution steps.

The correct approach to the matter allows you to minimize risks, but even if all the conditions are met, no one is immune from unforeseen circumstances and related consequences in the form of damage to the goods, its packaging or loss, because there is no one hundred percent guarantee even if all existing security measures are taken. If you do not question the professionalism of the transport company’s employees, circumstances that arise along the route can always have an impact.

How to file a claim if cargo transportation conditions are not met.

Since cargo is not always insured, and the carrier admits his guilt and unconditionally compensates for the damage, sometimes he has to prove his case in other ways. First of all, the client files a claim under the contract of carriage, but if it does not take effect, then he can protect his rights in court.

A well-drafted complaint, supported by factual evidence of harm caused, usually copes with its task and the carrier satisfies the client’s demands, if they are fair. Any discrepancies in the condition of the cargo from the moment of dispatch to its receipt (when it was nevertheless delivered and was not lost during transportation) must be recorded in the acceptance certificate.

We invite you to familiarize yourself with: Sample order on wage indexation in 2019

For drawing up an act and a claim, the legislator provided us with the following reasons:

Damage to packaging or cargo;
Discrepancy found in the number of places;
Violation of pre-agreed delivery dates;
Damage to contents during transportation.

After this, indicate in the claim when, on what date it was received, what document was drawn up (delivery agreement No. 000 from 0000), the parties.

Indicate that upon receipt of the goods, violations were identified (indicate them). Next, the regulatory justification of the claim, and the pleading part.

You wait for a response to your claim, and if you don’t receive one or receive a refusal, then feel free to file a claim in court.

Required documents as attachment

To reliably reflect the problem, documents should be attached to the written complaint that will serve as evidence of damage to the cargo or violation of delivery deadlines.

These include:

an agreement concluded between the carrier and the customer for the delivery of cargo;
check, receipt confirming payment for the service provided;
acceptance certificate, which reflects the reasons for the client’s refusal to accept the cargo.

Sample complaint to a transport company

To (name of airline or squadron, address)

From whom_______________________________________________

Transport claim

due to breach of obligations

under a passenger air transportation agreement

Taxi fare to the hotel is 150 rubles
Payment per night in a hotel from 16:00 to 09:00 1500 rubles
Travel from the hotel to the airport 200 rubles
The total amount of losses is 1850 rubles.

Based on the above,

Voluntarily pay me a penalty for violating the terms of provision of services in the amount of 9,000 rubles. Payment deadline is January 31, 2018.
Compensate me for losses caused in connection with violation of the terms of provision of services in the amount of 1850 rubles. Payment deadline is January 31, 2018.
Please inform me of your decision in writing within the prescribed period.

Date, signature

Where can you complain if the transport company ignores the requirements?

Where is the complaint sent if requests are completely ignored? There are several options, the last of which could be court.

To Rospotrebnadzor

You can submit an application to Rospotrebnadzor. Like other regulatory services, it has the right to impose sanctions.

Transport prosecutor's office

The Transport Prosecutor's Office considers complaints related to the operation of land, air and sea (river) transport. The prosecutor's office can open a case and act as a prosecutor in court.

Sample

A complaint-application to the prosecutor's office, a sample of which can be viewed at the link, should be registered in person or through a lawyer in the appeals department.

Lawsuit

If nothing helps and the response time from the service provider has expired, write a statement to the court to recover compensation.

Judicial practice

Judicial practice says that in most cases, such cases are won. To win in court, you need a package of documents confirming the facts.

Time frame for consideration of a claim by the transport company

Consignees who find themselves hostage in a situation where a transport company delivers cargo with damage that was not immediately identified have the right to file a claim within the established time frame. It is worth noting that depending on the type of transport, the time allotted for filing a claim differs.

In addition, there are deadlines for filing claims not only for damage caused to transported property, but also for compensation for other losses arising from the damage received. Read more about this in the article: Deadlines for filing a claim with the carrier.

As for the time allotted for consideration of a claim, it, as a rule, does not exceed thirty days. If after this period the transport company has not responded to the claim, the recipient has the right to file a claim in court.

However, there are exceptions to this general rule, so you should consult with a lawyer to be sure.

How to submit online

Each large transport company has websites through which you can order cargo transportation and leave an official request for the provision of waybills.

Many companies, trying to earn consumer trust, have feedback to provide information. By clicking the “Submit an appeal” field, all that remains is to fill in the empty fields, create a template and attach scans of all documents confirming the claim.

This method has pros and cons.

A positive aspect is the reduced time frame for submission and consideration. If the complaint is undisputed and does not raise questions, the answer comes quickly.

But in the absence of a response or any reaction, when contacting the courts, not all judges accept screenshots of such completed electronic pages as evidence of the completion of the pre-trial claim procedure.

Compensation for damage by the transport company

It must be said right away that you can demand not only the amount at which the cargo was estimated, but also the damage caused by other actions of the transport company.

For example, if the transfer of funds for damage to the cargo was not made within the established time frame. In addition, if the recipient of the cargo does not wait for delivery, then transport workers are obliged to compensate for damages associated with payment for transportation.

Here it is necessary to consider one more circumstance. When claiming compensation for damage, supporting documents are needed. Both the existence of the damage itself and the amount claimed for compensation must be justified.

To obtain confirmation, you may need the help of specialists from other areas of activity, such as experts. To organize the process of proof with the greatest efficiency, you need to use the opinion of qualified lawyers. Call us.

Who should pay the fine for late delivery of goods?

Despite the fact that the contract of carriage is bilateral, concluded between the shipper and the carrier, part 11 of Art. 34 UATiGNET determines that the carrier pays a fine for late delivery of cargo to the consignee. According to Art. 2 UATiGNET the consignee is an individual or legal entity authorized to receive the cargo.

This position was taken by the Supreme Court of the Russian Federation in ruling No. 309-ES16-3979 of August 1, 2016 in case No. A71-4317/2015. The position is based on current legislation and strengthens the position of lawyers who claim that the contract of carriage is an agreement concluded in favor of a third party (the consignee).

Collection of a fine for being late for unloading.

After the fact of delay in delivery of cargo by road transport has been properly recorded, the consignee has the right to appeal to the carrier with a claim for payment of a fine for late delivery of cargo. Submitting a claim is mandatory. If the carrier refuses to satisfy the claim or ignores the claim, the consignee has the right to file a claim in court to recover a penalty for late delivery of cargo.

The most important aspects of the claim procedure

The first thing worth mentioning is that filing a claim with the transport company for cargo damage is mandatory.

If you do not carry out the claim procedure and immediately go to the arbitration court, your statement of claim will be left without consideration and returned back. Pre-trial proceedings are established by law as an integral part of resolving such disputes.

The second thing you should pay attention to is the type of transport used for delivery. Each type has its own characteristics, including mixed delivery.

The third circumstance that plays an important role is the timing of filing a claim and the time within which the transport company must respond to it. Be careful, it is not advisable to violate them.

Additional questions

What to do if a shortage or underdelivery is detected

This case should be validated using the existing developed samples (TORG-2, if supplied within the country, TORG-3 - from abroad).

The act must contain the signature of an employee of the shipping company and his consent for each specified item of shortage.

The possibility of drawing up a report in case of short delivery with the involvement of an employee of a third-party organization must be provided for in the contract and regulated upon signing it.

The missing quantity of goods in the whole package is fixed at the recipient's warehouse. For this case, a special form of act is not provided; a general one is sufficient.

Where else can you complain if the transport company ignores the requirements?

Complaining about violation of contract terms or damages must be filed in court. This is necessary for the client to receive financial compensation from the sender of the goods for lost or damaged goods.

The injured party, having not received compliance with the requirements from the transport company, goes to court with a statement of claim. You need to collect all the necessary documents for the cargo and its delivery.

The demands presented may vary: from damage to lack of profit. Delay in cargo delivery will cause losses to the recipient.

The sender of the cargo may also lose profit due to a delay in delivery, because the longer the cargo is transported, the later it will be paid for.

The application must describe the situation and provide links to regulatory documents. It is necessary to establish the amount of claims and pay the state fee.

When arranging cargo transportation, it is better to insure the goods, since then you can recover compensation for losses in the event of loss of cargo.

The reason for investigating the loss of goods will be a notification of loss. If the carrier does nothing, proceed as follows:

Competently prepare documents to receive compensation. These can be waybills and invoices if furniture is transported by rail or road; bills of lading if petroleum products are transported by water.
Take these documents to the insurance company.

Conclusion

The process of compensation for damage to cargo by a transport company is lengthy and not easy. Compliance with the requirements of the legislative process will speed up the proceedings. Having the support of a lawyer in such a situation will increase the likelihood of obtaining the required compensation.

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Did you receive the goods incomplete, with obvious signs of defects, with obvious damage, or not at all according to the invoice?

Please note all deficiencies when accepting the cargo with an employee of the transport company and write a claim so as not to be left at a loss due to the incompetence of the carrier company.

The most important aspects

Writing a claim before going to court is not a whim, but a mandatory requirement of the court for pre-trial settlement of the dispute. The statement of claim in such cases is left without consideration.

In addition to the contract for the supply of goods, you should carefully study the regulatory document that regulates the transportation of goods by the transport carrying out it. Particular attention should be paid to the filing deadlines specified in these regulatory documents and when the response must be given.

A carefully prepared claim will greatly facilitate the process of filing a claim or complaint to regulatory authorities.

How to submit?

It is necessary to indicate in the letter that this particular document is the fulfillment of a mandatory condition for pre-trial settlement. Failure to comply with the requirements within the period specified in the document gives rise to legal action.
Make copies of all documents on which the narrative of the claim was based. Keep the originals for yourself; they will be required to be presented in court when considering a dispute.
It is correct to present the document in two copies if submitted in person. On the second, the recipient puts the incoming number, date and signature with the name of the person who received the first copy.
If a claim letter is sent by mail, the original postal receipt and a list of the contents are attached to the second copy.

Deadlines for submission and review

The deadline for filing a claim is not limited to one number; it varies depending on what transport was used, what the basis for the violation is and what the delivery contract says about it.

You should be guided by a single statute of limitations – 1 year. Since the application may be left without consideration due to failure to comply with the pre-trial claim procedure, you should focus on this period and take into account the time for sending papers and responding to them.

Each regulatory act regulating the delivery of cargo by one or another stops separately at the time limits for filing a claim:

air - 6 months within the country, outside the border in case of damage to cargo and late delivery - 2 and 3 weeks respectively, loss - one and a half years;
railway – six months (for fines and penalties – 1.5 months);
water – has no limitation period;
automobile – 6 months.

There is also a general period for consideration of a claim – a month. After this period, taking into account the time for delivery of the document and response via postal service, you can complain to the following authorities (see below).

How to submit online?

Each large transport company has websites through which you can order cargo transportation and leave an official request for the provision of waybills.

This method has pros and cons.

A positive aspect is the reduced time frame for submission and consideration. If the complaint is undisputed and does not raise questions, the answer comes quickly.

Where else to file a complaint

Often, TCs do not take a simple written complaint seriously. It does not bear the consequences of a writ of execution, like a court decision or a resolution of Rospotrebnadzor.

No matter how unscrupulous the carrier may be, he will not be able to avoid enforcement and refuse to compensate for the damage suffered.

Therefore, appeals to only these two authorities turn out to be the most effective.

To Rospotrebnadzor

This is the regulatory body of those legal entities that provide services or offer goods. Cargo transportation is the service offered by transport companies. This means that any carrier is directly subordinate to Rospotrebnadzor.

Poorly provided service is an ironclad basis for contacting the regulatory authority. It is submitted in writing containing the required details:

Where;
from whom (indicating passport data, address and telephone number);
providing facts about the service provided (what was transported, who, when, at what rate, how much was paid, with all invoices, checks or payment orders attached);
essence of the claim (grounds, amount of damage from poor-quality transportation, with a photo and expert opinion attached);
facts regarding the correspondence being conducted in order to resolve the issue peacefully and regarding the carrier’s refusal to compensate for damage.

Next, state your requirements to the regulatory authority, sign, list the attachments, create a package and send. You can go and submit a complaint in person to the department or ask your representative to submit it by proxy.

After 30 days, a response to the complaint must be received with the transport company held administratively liable for violating the norm or rule.

Lawsuit

If the main goal remains to obtain payment, and not to punish the carrier, then you should contact the court. If you do not receive a response to your claim, if you fail to pay, file a claim.

You can file a claim in court not only for compensation for actual damage, but also to recover a penalty from the shopping company for failure to fulfill a demand on time. If late delivery ruined the contract, the claim may allege lost profits. And also feel free to name all the fines and penalties specified in the contract.

The statement of claim is submitted for consideration to the court that was determined by the parties when concluding the supply agreement. If this point was not specified, it means that it is filed at the actual location of the defendant (property, known legal address, if everything else is unknown).

Consideration of the application by a judge is subject to a state fee, which must be paid before filing; the original payment order or cash receipt must be attached to the package of documents.

The details of the claim are no different from the complaint to Rospotrebnadzor, with the exception of the motivational part (reference to laws) and the demanding part (financial penalty, not administrative punishment). In the claim, also indicate the details for transferring funds in order to simplify the procedure for forced collection.

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Details about the situation:

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How to file a claim with a transport company. How to file a claim with a transport company for cargo damage. Sample complaint to a transport company

How to write and submit a claim?

How to file a claim online?

Where else can you complain?

Complaint to Rospotrebnadzor

Sample

Sample documents

Lawsuit

Samples of claims to the transport company

How to write a complaint correctly

Required documents as attachment

In what cases can you submit a document?

Deadlines for filing a claim with the transport company

How to file a claim with TC

Filing a complaint online

Where else can you complain?

Appeal to a judicial authority

When can you complain about a carrier or logistics company?

Where to file a claim?

How to write a complaint to a transport company correctly?

Deadlines for filing a claim with the transport company

Sample complaint to a transport company

Assistance from a lawyer in filing a claim against a transport company

Legislation

Grounds for complaint

Damage

Loss

Delay

Shortage or underdelivery

That's not what they brought

What needs to be done before filing a claim for damage to goods during transportation

How to write a claim to a transport company about cargo damage

Contacting the bank

Required documents as attachment

Sample complaint to a transport company

Where can you complain if the transport company ignores the requirements?

To Rospotrebnadzor

Transport prosecutor's office

Sample

Lawsuit

Judicial practice

Time frame for consideration of a claim by the transport company

How to submit online

Compensation for damage by the transport company

Who should pay the fine for late delivery of goods?

Collection of a fine for being late for unloading.

The most important aspects of the claim procedure

Additional questions

What to do if a shortage or underdelivery is detected

Where else can you complain if the transport company ignores the requirements?

Conclusion

The most important aspects

How to submit?

Deadlines for submission and review

How to submit online?

Where else to file a complaint

To Rospotrebnadzor

Lawsuit

Useful video

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