Raben Logistics Polska Claims

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We are deeply sorry that our service hasn't met you expectations or your shipment has been damaged. We will spare no effort to handle your claim as soon as possible. Below please find the most frequently asked questions and answers concerning claims handling.

 

Claim is a complaint referring to failing to render or inappropriate rendering of a service, in particular concerning
a damage, loss, or partial loss of goods in the consignment which occurred in the period between accepting the shipment for transport and its release, or a delay in the transport of goods.

The scope and rules of Carrier's liability are regulated by:

  • for the service of domestic road transport: the Act - Transport Law (consolidated text dated August 30, 2012, published in Journal of Laws from 2012, item 1173 as amended), and the
    General Terms & Conditions of Transport Services by Raben Logistics Polska sp. z o.o., (available at www.raben-group.com)
  • for the service of international road transport: Convention on the Contract for the International Carriage of Goods by Road (CMR) (Journal of Laws from 1962, No. 49, item 238 as amended) and General Terms & Conditions of Transport Services by Raben Logistics Polska sp. z o.o., (available at www.raben-group.com)
  • for the service of forwarding (applicable to transport including a section of sea and air freight) - Polish General Forwarding Rules (OPWS, 2010, available at: http://www.pisil.pl/opws/)

 

Frequently asked questions

Who can file a claim?

For the service of domestic and international transport a claim can be filed only by an authorised person in charge of the shipment, i.e. the customer (consignor) or the consignee. For the service of forwarding a claim can be filed only by the customer.

 

 

How to file a claim?

There are two ways to file a complaint:

 

 

1) by filling out an online form available on the website (red button)

 

 

2) by downloading, printing and filling out a form that can be sent by regular mail, fax or email (available at the bottom of the page - claim documents)

 

 

 

 

What is the form of a claim?

A claim must have a written form.

What documents must be submitted together with the claim concerning domestic transport?

The claim shall be accompanied by:

  • description of the event justifying the claim,
  • claim value,
  • document confirming the claim value (if the claim concerns the damage to the shipment -
    an invoice or bill indicating the value of the goods),
  • bank's name and account number to which compensation is to be transferred,

 

as well as:

  • transport document from the dispatch (consignment note or waybill) and delivery - it does not apply to loss of shipment (delivery card or consignment note),
  • damage report or other document describing the damage - if it was been drawn up,
  • information if the transported shipment was insured for transport (Cargo insurance) and if you intend to use this insurance. 

 

In exceptional cases the Carrier has the right to request the originals of these documents or certified copies (Ordinance of the Ministry of Transport and Construction of February 24, 2006).

What documents must be submitted together with the claim concerning international transport?

The claim shall be accompanied by:

  • description of the event justifying the claim:
  • claim value,
  • document confirming the claim value (if the claim concerns the damage to the shipment -
    an invoice or bill indicating the value of the goods),
  • information about the gross weight of the lost or damaged shipment or its part
  • bank's name and account number to which compensation is to be transferred,

 

as well as:

  • transport document from the dispatch (consignment note or waybill) and delivery - it does not apply to loss of shipment (delivery card or consignment note),
  • damage report or other document describing the damage - if it was been drawn up,
  • information if the transported shipment was insured for transport (Cargo insurance) and if you intend to use this insurance.
What documents must be submitted together with the claim concerning forwarding order?

The claim shall be accompanied by:

  • description of the event justifying the claim,
  • claim value,
  • document confirming the claim value (if the claim concerns the damage to the shipment -
    an invoice or bill indicating the value of the goods),
  • bank's name and account number to which compensation is to be transferred,

 

as well as:

  • forwarding order,
  • damage report or other document describing the damage - if it was been drawn up,
  • information if the transported shipment was insured for transport (Cargo insurance) and if you intend to use this insurance. 
What is the claim limitation period?

For the service of domestic road transport:

  • for delayed transport which did not cause a loss or damage to the shipment  - after 2 months from the day of releasing the shipment.
  • In any other cases - after 1 year, whereas:
    • the condition for seeking compensation for visible damage is, as a rule, filing an objection at the time of shipment's delivery,
    • the condition for seeking compensation for invisible damage is, as a rule, filing an objection in a written form within 7 days from the day of delivery.

 

Claim limitation period starts from:

 

1) loss of shipment - from the day the authorised person could presumed the shipment lost, i.e. from the 31st day from the planned day of delivery;

 

2) partial loss, damage or delayed delivery - from the day of releasing the shipment;

 

3) damage externally invisible - from the day of agreeing the damage in a report;

 

4) payment or return of the sue amount - from the day of payment, or if there was no such - from the day it was supposed to be made;

 

5) partial loss or surplus in shipment liquidation - from the day of liquidation;

 

6) any other legal - from the day the claim becomes executable

 

 

 

For the service of international road transport: after 1 year. Claim limitations period starts from:

 

1) in case of temporary loss,  damage or delayed delivery - starting from the day of release, whereas:

  •  the condition for seeking compensation for visible damage is filing an objection at the time of shipment's delivery,
  • the condition for seeking compensation for invisible damage is filing an objection in a written form within 7 days from the day of delivery excluding Sundays and public holidays,
  • the condition for seeking compensation for delayed delivery is, as a rule, filing an objection concerning the delay within 21 days from the day of delivery the shipment.

 

2) for complete loss of shipment - starting from the 30th day after the agreed day of delivery or, if the day was not agreed, starting from the 60th day from accepting the goods by the carrier;

 

3) in any other cases - starting 3 months after entering into a contract for transport

 

 

 

For the service of forwarding - after 1 year. 

Claim limitations period starts from:

 

1) for claims regarding damage or partial loss of the shipment - from the date of delivery,

 

2) for the full loss of shipment or delayed delivery - from the date the shipment was to be delivered,

 

3) in any other cases - from the day of executing the order.

What are the limits of indemnity in domestic transport?

 

 

In domestic transport indemnity paid for loss, damage or partial loss of the consignment can reach the maximum of the net value of goods accepted for transport and covered by the claim (taking into account the given discounts). For delays in domestic transport, the indemnity paid can reach the maximum of the double transport fee after documenting the damage caused by the delay. 

 

 

 

It must be borne in mind that in the case of transports executed by Raben Logistics Polska, additionally the provisions of General Terms and Conditions of Rendering Transport Services by Raben Logistics Polska Sp. z o.o. shall apply, pursuant to which Raben Logistics Polska does not render services of transport of:

 

 

  1. goods whose net value (i.e. without VAT) exceeds the equivalent of SDR 8.33 for each kilogram of gross weight of the goods, regardless of the total value of such goods;
  2. goods whose total net value exceeds the equivalent of EUR 15,000 regardless of the value of  a kilogram of the gross weight of such goods

 

 

 

Transport of shipments exceeding the above parameters requires a prior arrangement with Raben Logistics Polska. In the event of dispatching shipments exceeding the above parameters without the arrangement with Raben Logistics Polska, the liability of Raben Logistics Polska for damage to the shipment shall not exceed the lower limit set forth in points 1 and 2 hereinabove.

What are the limits of indemnity in international transport?

In international transports indemnity paid for loss, partial loss or damage to the shipment shall be paid according to the value of the goods in the place and at the time of accepting the goods for transport but it shall not exceed SDR 8.33 (Special Drawing Rights - international currency unit for cashless settlements used in international road transport of goods) for each kilogram of the gross weight of the shipment. The SDR currency exchange rate is available in Table A of average exchanges rates of foreign currencies of the National Bank of Poland (currency code: XDR).  

 

 

 

It must be borne in mind that in the case of transports executed by Raben Logistics Polska, additionally the provisions of  General Terms and Conditions of Rendering Transport Services by Raben Logistics Polska Sp. z o.o. shall apply, pursuant to which Raben Logistics Polska does not render services of transport of:

 

 

  1. goods whose net value (i.e. without VAT) exceeds the equivalent of SDR 8.33 for each kilogram of gross weight of the goods, regardless of the total value of such goods;
  2. goods whose total net value exceeds the equivalent of EUR 15,000 regardless of the value of  a kilogram of the gross weight of such goods

 

 

 

Transport of shipments exceeding the above parameters requires a prior arrangement with Raben Logistics Polska. In the event of dispatching shipments exceeding the above parameters without the arrangement with Raben Logistics Polska, the liability of Raben Logistics Polska for damage to the shipment shall not exceed the lower limit set forth in points 1 and 2 hereinabove.

 

 

 

In the case of delays in international transportation, compensation may be up to a maximum of one-time transport charge after proving of the damage caused by delay.

 

 

What are the limits of indemnity in forwarding services (applicable to air, sea and land freight)?

Pursuant to the provisions of OPWS, indemnity paid by the forwarder to the person authorised in the forwarding contract is limited to the standard value of goods specified in the invoice and in case of lack thereof, specified in the following order according to the exchange price, the market price, or based on the standard value of goods of the same type and quality. However, in no case the indemnity paid by the forwarder can exceed the amount of SDR 2 for 1 kilogram of the gross weight of missing or damaged consignment and the total of SDR 50,000 for each event, unless a higher amount of indemnity is obtained from the person for whom the forwarder is liable.

 

 

What amount of indemnity is paid?

Indemnity is paid net taking into account given discounts. If the claim is filed by  an entity which is a VAT payer, the indemnity does not include the value of this tax.

 

If the claim concerns damage to the shipment which was partially damaged, the indemnity corresponds the amount by which the value of goods decreases as a result of the damage.

 

When estimating the claim value, the claimant shall mitigate the value of the claim - if such possibility occurs.

 

 

How much time does the Carrier have to respond to the claim?

Response to the claim shall be sent within 30 days from the moment of receiving the full set of documents pertaining to the claim and clarifying all circumstances of the damage, and subjects liable for the damage.

 

 

 

Documents:
 

New Customer
Guide
Locations
Contact the right depot
Newsletter
Online claim form