The carrier (referred to below as furniture carrier) is liable according to the moving contract and the German Commercial Code (HGB). The same liability principles apply to the transport of household goods to and from places outside of Germany. This also applies if different types of transport are used.
The removal company is liable for damage caused by loss of or damage to the removal goods in the period from acceptance for transport to delivery or by exceeding the delivery period (duty of care).
The furniture removal company's liability for loss or damage is limited to an amount of EUR 620.00 per cubic meter of loading space required to fulfill the contract.
If the delivery period is exceeded, the liability of the removal company is limited to three times the amount of the freight. If the furniture removal company is liable for damage that is not caused by loss of or damage to the goods to be moved or by exceeding the delivery period due to the breach of a contractual obligation associated with the execution of the move, and if the damage is other than property damage and personal injury, this In this case liability is limited to three times the amount that would have to be paid if the goods were lost.
If the Furniture Removal Firm has to pay compensation for loss, the value is to be compensated at the place and time of acceptance for carriage. If the goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods is to be compensated. It depends on the place and time of acceptance of the goods for transport. The value of the removal goods is usually determined by the market price. In addition, the costs of determining the damage must be reimbursed.
The furniture mover is released from liability if the loss, damage or exceeding the delivery period is due to circumstances which the furniture mover could not avoid even with the greatest care and the consequences of which he could not avert (inevitable event).
The Furniture Remover is released from liability if the loss or damage is due to one of the following risks:
1. Carriage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents.
2. Inadequate packaging or labeling by the sender.
3. Handling, loading or unloading of the removal goods by the sender.
4. Carriage of goods in containers that are not packed by the mover.
5. Loading or unloading of removal goods whose size or weight does not correspond to the spatial conditions at the loading or unloading point, provided that the mover has informed the sender of the risk of damage beforehand and the sender has insisted on the performance of the service.
6. Transport of live animals or plants.
7. Natural or defective condition of the goods to be moved, as a result of which they are particularly easily damaged, in particular through breakage, malfunctions, rust, internal spoilage or leakage.
If damage has occurred which, according to the circumstances of the case, could have arisen from one of the dangers specified in Sections 1-7, it is assumed that the damage arose from this danger. The Furniture Removal Firm can only invoke the special grounds for exemption from liability if it has taken all the measures incumbent on it under the circumstances and has observed special instructions.
The exemptions from liability and limitations of liability also apply to non-contractual claims by the sender or recipient against the furniture removal company due to loss of or damage to the removal goods or exceeding the delivery period.
The exemptions from liability and limitations of liability do not apply if the damage is due to an act or omission that the furniture remover has committed intentionally or recklessly and with the knowledge that damage will probably occur.
If claims for damages from non-contractual liability due to loss of or damage to the goods to be moved or due to exceeding the delivery time are raised against one of the furniture carrier's employees, they can also invoke the liability exemptions and limitations. This does not apply if he acted intentionally or recklessly and in the knowledge that damage would probably occur.
If the move is carried out in whole or in part by a third party (executive furniture removal company), then the third party is liable for damage caused by loss of or damage to the goods or exceeding the delivery period during the transport performed by him, in the same way as the furniture removal company. The moving furniture haulier can assert all objections to which the furniture haulage contractor is entitled under the freight contract. Furniture mover and executing furniture mover are jointly and severally liable.Liability Agreement
The Furniture Removal Firm informs the sender of the possibility of agreeing on a more extensive liability than that provided for by law in return for payment of a corresponding fee.
The mover advises the sender of the possibility of insuring the goods against payment of a separate premium.
In order to prevent the expiration of claims for compensation, the following must be observed:
- The sender is obliged to examine the goods upon delivery for externally visible damage or losses. These are to be specified on the receipt or a damage report or reported to the removal company no later than the day after delivery.
- Any damage or loss that is not visible from the outside must be specifically reported to the removal company within 14 days of delivery.
- Flat-rate damage reports are not sufficient under any circumstances.
- Claims for exceeding the delivery deadlines expire if the recipient does not notify the removal company of the excess within 21 days of delivery.
- If the notification is made after delivery, it must be made in writing and within the specified deadlines in order to prevent the loss of entitlement. The damage report can also be transmitted with the help of a telecommunications device. A signature is not required if the exhibitor can be identified in some other way.
- Timely dispatch is sufficient to meet the deadlines.
If the removal goods include dangerous goods (e.g. petrol or oils), the sender is obliged to inform the removals company in good time of the nature of the danger posed by the goods. (e.g. fire hazard, caustic liquid, explosive substances etc.)
On behalf of the insurance companies involved
The insured person must notify the contractor of the event of damage immediately.
1. The policyholder and the insured are obliged to ensure that the damage is averted and reduced, to provide the insurers with all necessary information and to follow their instructions.
2. Externally recognizable damage must be determined and reported in writing upon delivery of the removal goods together with the policyholder, but no later than one day after delivery. Damage that is not externally visible must be reported in writing within a period of 14 days after delivery.
3. In the event of damage that is expected to exceed the amount of EUR 2,000.00 or the corresponding amount in another currency, the contractor must be notified immediately so that he can contact the responsible average agent.
4. The insured is obliged to protect all rights against third parties. Rights of recourse must be assigned in writing upon request. If the insured fails to assert these rights against third parties intentionally or through gross negligence to the detriment of the insurer, the insurers are released from the obligation to pay benefits.
5. The insured person must submit the documents required by the insurer as proof of the claim for compensation.
Your contractor will forward your damage to SVG Assekuranz-Service Berlin und Brandenburg GmbH for processing, phone: +49 (30) 25 383180, email: firstname.lastname@example.org.
You should submit these documents and information immediately so that claims can be settled quickly and smoothly.
In disputes with the insurance company, you can contact the following arbitration board: Versicherungsombudsmann e.V., Postfach 08 06 32, 10006 Berlin.Download (PDF)