How to correctly write a claim for failure to comply with the conditions of cargo transportation or for its loss. Complaint to a freight forwarder for damage to cargo How to write a complaint to a transport company sample

A situation where the cargo is damaged or delivered on time can be resolved by filing a claim from the transport company for a delay in delivery, a sample of which we will consider below. Cargo delivered by transport companies can be damaged, stolen, spoiled, or even completely lost. Therefore, such a claim will help to find out why the cargo was detained, and further recourse to court is also possible.

When the carrier receives goods from the client, he takes responsibility for it. In case of failure to fulfill the terms of the service, the recipient has the right to file a complaint with the carrier to compensate for the damage caused.

When receiving the cargo, you need to look at the packaging: is it intact or there are places where it has been opened. Check the documents for the cargo, if any shortcomings or damage were found, record everything in the report in the presence of a warehouse employee.

The claim to the transport company must include:

The application is signed and the date is indicated. If the situation cannot be resolved peacefully, the recipient can go to court.

The claim must be submitted in two copies:

One is for the cargo carrier.
The second is for the client.

It would also be a good idea to take photographs of all damage as evidence. And on the basis of the drawn up report and photographs, you can write a complaint to the carrier who delivered the goods.

In what cases can you file a claim with the carrier company?

A claim for failure to comply with the terms of the delivery contract to the carrier company is the main type of protection of the buyer’s rights, since drivers very often do not admit guilt, and, moreover, things for transportation are rarely insured.

It is necessary to competently draw up a claim, which is based on the act of receiving the product bilaterally.

The law establishes the following reasons for which you can write a statement:

The cargo and packaging were damaged.
Delivery times previously agreed were violated.
Contents damaged during transportation.
Loss of goods.

For example, the PEK company is one of the best transportation companies in the country. But unfortunately, you can find negative reviews about late delivery of cargo and other violations of this company. When faced with such situations, you can write a complaint.

Deadlines for filing a pending claim

Submission time depends on many factors:

reasons for the violation;
type of transportation, transport;
conditions specified in the contract.

The claim procedure is required before submitting a statement of claim to the transport company. Therefore, you need to plan to file a complaint in such a way that the period during which it will be considered ends before the limitation period. For transportation, it is one year.

The law stipulates the following deadlines for filing a complaint:

In case of loss of cargo - 30 days after the end of the delivery period or 10 days if delivered by air. With a mixed method - 4 months after receiving the goods.
In case of damage - from the moment of receipt of the goods.
In case of violation of the agreed delivery times - the day when the delivery time ended.

A complaint for property damage must be filed within 6 months. To collect fines, debts, penalties, arrears, and debt obligations of the supplier, you must submit a claim within 45 days.

The period for consideration of a complaint by the transport company is 30 days from the date of receipt.

If the applicant does not receive a written form response within the required time frame, you can file a lawsuit in court.

For international air cargo transportation, the rules are slightly different. A claim for non-compliance with the terms of the delivery contract is limited to one week for luggage and two weeks for cargo. If delivery deadlines are not met, the period is 21 days. For lost luggage – 18 months.

Sample and contents of the claim

How to write a claim to a transport company, what is the sample? The letter of claim is written in free form, but it must contain:

contact details of the recipient, carrier;
date and department that accepted and issued the parcel;
amount of goods;
time required for delivery;
payment for transport services;
description of damage, loss or late shipment;
reasons for disruptions in the company’s work, etc.

You can ask an employee of a transport company for examples and templates for writing claims or download them from the official website of the legislation of the Russian Federation. The forms should be filled out according to the samples.

Claim of the transport company for loss of cargo, its sample

General Director of Transit LLC

Petrov A.V.

From Micro LLC

Address: Moscow, st. Sedova, 11.

On April 17, 2018, a contract was concluded between Micro LLC and Transit LLC for transporting cargo by car.

Based on clause 1.5 of the contract, application No. 5 of the shipper dated April 25, 2018, the carrier accepted cargo for transportation - tables in the amount of 40 pieces. The cost of the cargo is 200 thousand. rubles

This cargo was not received, which is confirmed by notice No. 10 dated April 30, 2018 and loss of cargo report No. 3.

According to the contract and Article 796 of the Civil Code of the Russian Federation, return money in the amount of the cost of the lost cargo - 200 thousand rubles. Refund of the cost of transportation fees - 50 thousand rubles.

If the complaint is not satisfied, we will file a lawsuit.

Signature Date

Claim for cargo transportation, sample drawing up

to CEO

LLC "Auto"

Ivanov O.A.

Address: Moscow, st. Gogolya, 10

According to transport company agreement No. 8 dated April 16, 2018, Auto LLC accepted an obligation related to the transportation of goods, according to receipt No. 4, the name of the cargo is watermelons.

Weight 1 ton, cost 300 thousand rubles. Departure point – Astrakhan. Sender – Auto LLC, date 04/17/2018. Arrival point – Moscow. Recipient – Research Institute LLC, date 04/21/2018.

I ask for compensation for damage to the goods, weight discrepancy - in the amount of 300 thousand rubles.

Director Signature Date

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 invoices 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.

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.

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 unique thing, and only two places can help you with it: Rospotrebnadzor and the court. Let's tell you more about them.

Complaint to Rospotrebnadzor

The structure of such a claim is quite strict: Rospotrebnadzor is a public service that oversees the work of all legal entities offering services and goods to the population.
1. 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.
2. . Contains:
3. Contacts;
. 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; Rospotrebnadzor is a public service that oversees the work of all legal entities offering services and goods to the population.
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;
. 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; Rospotrebnadzor is a public service that oversees the work of all legal entities offering services and goods to the population.
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.

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.

When organizing cargo transportation, only the transport company you choose is responsible for the safety and integrity of the goods. If the customer discovers violations, he has the legal right to file a claim under the contract for the carriage of goods and receive compensation or a penalty for the inconvenience caused by the logistics company. If the head of the carrier refuses to comply with the legal requirements reflected in the contract and the text of the claim, the conflict can be resolved in court.

It is necessary to understand that responsibility to the client arises from the moment the cargo carrier signs the transportation agreement. In case of cargo damage, late delivery, or violation of transportation conditions, the carrier not only compensates for the losses incurred, but also pays additional compensation. At the stage of acceptance of the goods, the customer must check the integrity and condition of the packaging, the correct preparation of documents (including customs documents), and the correspondence of the inventory items to their actual availability. All verification work must be carried out only in the presence of a representative of the transport company, who must draw up an acceptance certificate. This document reflects information about the condition of the cargo, and also notes any damage or discrepancies. In this case, the client can either not accept the goods or file a complaint with the head of the carrier.

You can download a sample claim for cargo transportation on our company’s website, but for greater convenience, we recommend that you familiarize yourself with the sample sections that must be filled out informatively and in detail:

Date and place of receipt of the cargo;

Detailed information about the recipient: registration address of the legal entity, passport details of the company representative who discovered the damage;

The cost of the delivered cargo, reflected in the official documentation;

Data on the actual condition of the goods - presence and degree of damage;

The reasons why the cargo was damaged, if this can be determined immediately without an examination.

The claim for damage to cargo during transportation is signed by both parties, and the date of preparation is also indicated. It is imperative to indicate in a separate paragraph that if the management of the transport company does not try to resolve the conflict voluntarily, the customer will be forced to defend his rights in court. One copy is sent to the head of the transport company, the second remains with the customer. The client’s copy must be signed by a person authorized to conduct pre-trial negotiations on behalf of the carrier. If the transport company refuses to accept a claim for damage to the cargo, be sure to send a copy by registered mail. This will later be used in court as evidence that the injured party offered a voluntary settlement of the conflict.

Sample license

(downloads: 201)

View online file:

List of required documents

In order for the submitted claim to be as complete and informative as possible, it must be accompanied by documents proving the existence of a contractual relationship, violation of delivery deadlines or damage. This list includes:

Agreement between the client and the carrier;

A receipt or check confirming the fact of payment for the services of the transport company;

Certificate of acceptance and transfer of cargo indicating the degree of damage to the goods.

In some cases, it will be appropriate to attach photographs or video recordings of damage to the cargo to the text of the claim. It is important that the shooting is carried out not only in the presence of a representative of the carrier, but also that he gets into the frame.

When can I file a claim?

When concluding a contract for the provision of transport services, not all clients take into account that due to unforeseen circumstances, deadlines may be violated and the product may deteriorate. When discussing the terms of the contract, such points are usually agreed upon in advance, and the carrier tries to resolve the conflict voluntarily and not lead to legal proceedings. This does not prevent the customer from writing a claim, because this right is reserved to him by Article 797 of the Civil Code of the Russian Federation. The injured party is obliged to make an attempt to agree on compensation for material damage by filing a claim, but if this attempt turns out to be futile, it is necessary to prepare a statement of claim in court.

According to current legislation, the owner of the cargo has the right to refuse receipt under the act and make a written claim if:

As a result of the inspection, the integrity of the packaging was revealed;

The contents of the container do not correspond to the description provided;

Delivery was delayed, which is confirmed by the attached service agreement;

The contents of the cargo are inoperative, damaged or spoiled.

Deadlines for filing a claim against the transport company

The time frame for filing a claim under current legislation can vary greatly, which is determined by a number of important factors:

The reason why the cargo was damaged or delivered outside the delivery time;

The type of transport used for transportation;

Other specified conditions in the contract.

It must be remembered that a statement of claim can be filed in court only after the settlement of the conflict by filing a claim has not brought results. An ambiguous situation may arise here when the head of a transport company deliberately delays answering, and the client is running out of statute of limitations for going to court. However, you cannot go to court before the deadline for filing a claim expires. To ensure that such factors do not prevent you from receiving lost profits and compensation for damaged cargo, you must clearly remember the following deadlines for filing claims. They are regulated by regulatory legal acts approved by the Government of the Russian Federation:

In case of loss of cargo - 30 days from the moment the defect was discovered;

If cargo is lost during transportation by air – 10 days from the date of discovery;

If cargo is lost during transportation by various methods - 120 days from the date of discovery;

In case of cargo damage - within 180 days;

In case of violation of delivery deadlines - no later than 3 months after the date specified in the contract.

If damage to the cargo or visible defects is detected, within six months the client can recover from the transport company the material damage caused. As for the penalty, the statute of limitations for it is much shorter - only 45 days. The period for consideration of a submitted complaint by representatives of the carrier is no later than 1 month. As for international cargo transportation, if delivery deadlines are violated, the customer is obliged to send a complaint within 21 days from the moment the damage is discovered. If we are talking about the loss of cargo, the period for filing a claim increases to one and a half years!

A written complaint can be sent in the following ways:

Personal appeal to representatives of the cargo carrier. The client makes a claim in duplicate and contacts an authorized representative of the company. After accepting the complaint, the responsible person puts his signature on the client’s copy. If you neglect this little detail, then in the future such a claim will not have legal force in court. The paper must be certified with a signature with a transcript, date and seal of the legal entity (if any);

Mailing. If the client does not have enough time to contact the carrier or the company's office is located in another region, send the complaint by registered mail with mandatory notification of receipt. This will serve as proof that the transport company has received the claim. If the carrier's manager refuses to accept the claim or sign it, mail is the most effective method.

Specifics of consideration of a dispute in court

If you have not been able to resolve the conflict with the transport company within the period established by law, and the statute of limitations has not expired, we advise you to consult our lawyers and jointly prepare an application to the court. The main thing is to correctly formulate the claims and prepare the necessary evidence base. An experienced lawyer will take care of this, but first, pay attention to the claim form. This document must contain the following points.

A claim against a transport company (TC) is an easy document to draw up. He will help you get your money back for damaged cargo or poor-quality service. Of course, each case is individual - you need to figure out who is right and who is wrong. Now it has become much easier - most transport companies insure their shipments. Transport companies have transferred part of the responsibility to insurance companies, and accordingly, the cost of transportation has increased slightly (all large transport companies PEC, Business Lines, Baikal-Ssrvis, Energia, SDEK, etc. voluntarily insure their transportation). The cost for all this falls on the shoulders of the clients. However, the procedure for resolving insurance claims has become simpler for people and carriers. In any case, you need to start with a claim to the transport company.

Dear readers!

It's fast and free!

Complaint to a transport company: legal basis

The first and most important document for the carrier and the customer is the agreement between them on the provision of services. It is in it that all the features of the customer’s claim activities and the rights of the carrier should be indicated:

grounds for drawing up requirements for the carrier;
mandatory documentary evidence of the fact;
claims submission procedure;
time and duration of consideration;
grounds for refusal.

A claim under a transport rental agreement for transportation does not have to be included in the text of the agreement, since there is a direct provision of the Civil Code - Article 797. It describes the circumstances of submitting the document to the order executor, the deadlines for submission, and the grounds.

Renting a car and delivering goods to the consumer - an individual or legal entity - is a direct fulfillment of the contractual relationship.

An important component of the legislative provision of consumer rights is a government decree that regulates the rules for the transportation of goods in motor vehicles.

In addition to these laws, you should use the following rules:

transport maritime (articles 402-413) and inland water (article 161) codes;
Articles 120-123 of the Railway Transport Charter (has the force of law);
Articles 126-128 of the Air Code of the Russian Federation.

Complaint against a transport company: who has the right to file

The consumer of services - the customer - has the right to file a claim for a refund. At the same time, a claim under a contract for the provision of transportation services is a mandatory initial document for legal recovery.

In what cases can a company file a claim with the carrier?

In any case of violation of contractual obligations and legal norms, which give the right to receive transport services in full.

You can and should complain about poor quality service and receive compensation.

Damage

The carrier is responsible for damage, intentional or unintentional damage to the goods. In this case, the damage will be considered a violation of the contract.

The party that damaged the goods is obliged to compensate its cost. A damaged suitcase, refrigerator or telephone must be returned after full repair or paid the market value for it.

A loss

You can write a complaint about transport services that were not actually provided in the event of loss of sent cargo. The loss of cargo is equivalent to the seizure of property from the owner, and is therefore subject to compensation.

Delay

The delay in delivery of goods by the transport company cannot exceed the period established in the contract. If such a delay is not justified by force majeure, the transport company must be immediately notified of the delay.

If delivery is delayed due to the fault of the contractor, the customer has the right to file a claim with the carrier and then with the court.

Shortage or underdelivery

Shortages occur quite often. This may occur 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

It is also necessary to file a claim if you receive a product that was not ordered. This could be a logistical error. The specific operator could have confused the goods during delivery.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique.

It's fast and free! If you want to find out how to solve your particular problem, please contact the online consultant form on the right →

Or call us by phone (24/7):

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

Sample

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.

Lawsuit

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.

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

Arbitrage practice

The plaintiff often takes a long time to decide whether to file a claim or not?

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

How to write a letter of claim to a transport organization

If the decision is made to begin the claim process, and the goods are delivered with defects, the compiler is faced with the question: how to write a claim to the transport company so that it is read and taken into account?

What is included in the text? We list the positions that are written out in various legislative documents and are most often used in practice:
specific place and time of drawing up the document;
Full name of the individual customer or full name of the company, indicating the registered address;
a statement of facts that indicate a violation;
requirements, documentary substantiation of damage, including calculation of the specific amount of compensation;
a list of documentary data in written or electronic versions, which are attached;
signature of the originator of the complaint.

An example of a claim from a transport company for poor-quality services provided is given below.

Sample claim from TK Energia

Application form for claims against TC "Energia" - see below.

Claim from a transport company for cargo damage: sample

A report of damaged cargo is a fairly simple document, but it has its own characteristics. It is advisable to submit a message to the transport company about damage to the cargo in a form that displays all the basic data.

Claim from a transport company for loss of cargo: sample

In the practical work of the company, you can use a sample claim for loss of cargo, its total loss. It must necessarily indicate the requirement that it is necessary to compensate for the loss in full or according to the contract with additional payments.

Complaint from a transport company about delivery delay: sample

For a sample complaint regarding the rhythm of delivery, delays and untimely transportation, see here.

Claim “Vehicle downtime”: sample

You can learn how to file an appeal against a non-executive carrier for demurrage of a vehicle from a sample of such a document. In this case, the time of vehicle downtime must be indicated, indicating specific dates and supporting documents.

Claim under a transport expedition agreement: sample

If the forwarding of goods is of poor quality, such forwarding services to the client can be appealed by submitting a document to the company providing transportation services.

Deadlines for filing and consideration of a claim

Just like in resolving labor disputes, in most cases the deadline for filing complaints is a calendar year. This period is determined for road, sea and water transport.

For rail transportation, the period for filing a claim is 6 months. If we are talking about lost luggage - 30 days from the maximum delivery time. The same period - 6 months - for air transportation.

How to submit correctly

Such a complaint is drawn up and filed either by the service consumer himself or his legal representative. The law does not strictly stipulate who has the right to act on behalf of the applicant.

Nuances of submitting via the Internet

Sometimes a claim submitted by the client and accepted by the company via Internet communication is sufficient. In most cases, we are talking about the company’s website or email. An important nuance is that it is advisable to submit such an application indicating the details: telephone number, address and other contact information (order number), which will allow you to quickly check everything that is stated in the application.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique.

It's fast and free! If you want to find out how to solve your particular problem, please contact the online consultant form on the right →

Useful video

How to use the legal system wisely and obtain compensation for damaged cargo? To do this, sometimes you will need to use your entire arsenal of persuasion and gradually increase pressure on the company that has not performed the service.

The last resort is to proceed after an unsatisfactory court decision to filing an appeal. The appellate court may also not see all the facts of the case and an appeal may be required. If we are talking about high costs, this is justified.

When it comes to relationships between commercial companies, the delay in receiving goods affects the profitability and rhythm of work. Therefore, it affects the tax policy of the company and the ability to carry out all accounting entries on time: for federal taxes and fees, for transport tax, for social payments.

Postings for receiving goods should be made staggered, insuring the company against non-receipt of goods by the supplier-carrier.

You should know that it is best to complete the tax period with the payment of all planned transactions, including transport tax and social contributions. For this to happen without problems, you should reserve the amount necessary to cover expenses without taking into account any undelivered goods.

In this video you will hear advice on how to stand up for your right to receive the money due from a claim and achieve your result.

. 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;

Filing a claim for transportation is not a troublesome task, but it does require knowledge.

Large service providers at the federal level, such as transport companies SDEK, Business Lines, PEC, are not particularly afraid of the court. Reputation is much more important to them.

Regional carriers in megacities (Moscow, St. Petersburg), as well as local market players, such as Ekaterinburg KIT or small firms at the city level - Samara, Vladimir - are focused on protecting legal interests. Lawsuits are more important to them. That is why, when drawing up such a statement to the carrier, you should make sure that the text is effective. It must hit the non-executive partner's most vulnerable spots.

A special case is responsibility for the transportation of goods in intercity vehicles, buses, minibuses. However, all-Russian rules for protecting the consumer’s right to provide quality services also apply here.

Dear readers!

It's fast and free! Or call us by phone (24/7).

When sending cargo by a transport company, the client always takes a certain risk. During transportation, force majeure situations cannot be excluded, as a result of which the sender’s property may be damaged, spoiled, or irretrievably lost.

The transport company, when accepting cargo from the client, assumes full responsibility for it. If the consignee is dissatisfied with the quality or timing of the service provided, the consignee has the right to contact the cargo carrier with a claim for compensation for damage caused.

In the Russian Federation, there is a procedure for pre-trial resolution of legal relations between a transport company and a client. If, in accordance with current legislation, the conflict cannot be resolved pre-trial, you can write an application to the court.
Pre-trial resolution of the issue begins with drawing up a client’s claim for damage, loss of cargo or violation of terms and rules for its delivery.

Upon receipt of the cargo, first of all, it is necessary to jointly inspect the integrity of the packaging and check the accompanying documents. All shortcomings and comments should be recorded in a bilateral document in the presence of the forwarder or warehouse employee.

If possible, you need to take photographs of all damage: both packaging and contents and write this down in the report.

Based on the bilateral act and the photograph taken to record the damage, you can file a claim against the cargo carrier.

The claim can be drawn up in free form, but must contain:

Details of the carrier and consignee;
Date and place of delivery of the cargo;
The cost of transported cargo, confirmed by documents;
Description of the nature of the damage;
Circumstances under which damage, shortages and other deficiencies were discovered.

At the end you need to put a signature with a transcript and a number. It should be clarified that if the situation is not resolved through a claim procedure, the applicant has the right to go to court.

The claim to the transport company is made in two copies. The first one remains with the cargo carrier. The second one with the signature, transcript of the signature and the date of receipt of the claim by the company employee remains with the client.

In some cases, a claim can be sent by registered mail. It must contain a description of the contents and a notification of delivery.

In what cases can you file a claim with the shipping company?

When ordering a cargo transportation service, few people think that something might happen on the road. But it happens that the parcel is delivered damaged or not delivered at all. As a rule, cargo carriers meet customers halfway, and the issue is resolved peacefully. But a claim must be made.

According to Art. 797 of the Civil Code of the Russian Federation, before filing a statement of claim in court, the client must contact the transport company with a claim. A claim against a transport company is the main tool for protecting the client’s rights. After all, drivers often do not admit guilt, and the transported items are rarely insured. The claim must be drawn up correctly and based on a bilateral act of acceptance of the goods.

When receiving a parcel from a courier or from a warehouse, first of all, you should carefully inspect the condition of the packaging, then open and check the contents. If damage is found, a report is drawn up that describes in detail all the defects and circumstances.

What is the basis for drawing up an act and filing a claim?

The following reasons are established by law:

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

The filing of a claim must be justified by objective and reliable facts.

Deadlines for filing a pending claim

Cargo delivery times may vary and depend on the distance, the number of overloads and the change in types of vehicles. In this case, damage cannot be ruled out, which can only be detected upon opening the package.

Depending on the type of transport used to deliver the cargo, the delivery distance and the nature of property damage, the following deadlines for filing a claim are established by law:

In case of complete loss of cargo - after 30 days from the end of its delivery period or 10 days in case of delivery by air. If delivery was carried out by mixed methods, then after 4 months from the date of acceptance of the cargo.
In case of damage or partial loss of property - from the date of receipt of the cargo.
In case of violation of pre-agreed delivery dates - from the date of completion of the delivery period.

Claims for damage to property must be made within 6 months. For compensation of other losses, such as fines and penalties, the claim must be submitted within 45 days.

The legally approved period for consideration of a claim by a transport company is 30 days from the date of its receipt.

If the applicant has not received a written response within the specified period, a claim can be filed in court.