Complain to the transport company. Samples of claims to the carrier. Claim of the transport company for loss of cargo, its sample

Cargo transportation is a fairly popular service today. Almost every person has had to use cargo transportation services at least once in their life: when changing their place of residence, transporting luggage, or when trading large goods.

However, even this simple service may not be carried out according to the rules. As a result, the cargo may be damaged or not recoverable at all. In such situations, the customer has every right to write a claim addressed to the carrier company.

At the moment, in accordance with the law, claim correspondence is mandatory and is an integral part of resolving the conflict in a pre-trial manner.

How to write a letter of claim to the carrier regarding product damage that has occurred?

First of all, when filing a claim, you need to outline the circumstances of the case. To do this, describe in detail the act of acceptance of the cargo that was damaged.

In order to speed up the proceedings as much as possible, experts recommend confirming your words with relevant photographs. That is why, if you have the opportunity to take several photographs, attach them and the acceptance certificate to the claim.

Based general rules drawing up business documentation, the claim must contain the following points:

• Details of the addressee and the applicant (the parties who entered into an agreement regarding the carriage of goods);
• Date of receipt of the cargo;
• Place of receipt of cargo;
• Cargo price;
• Circumstances of detection of breakdowns in the delivered cargo;
• The degree and nature of breakdowns;
• Date, personal signature.

On top of that, you can notify the recipient of your intentions to go to court if the issue is not resolved through the claim procedure. As a rule, this point significantly helps speed up the conflict resolution process.

Do not forget that you need to make a second copy of the document or make a photocopy of the first copy. This is necessary so that in the claim, which will ultimately remain in your hands, an employee of the organization leaves a note of acceptance of the claim, consisting of a date, a signature with a transcript, an indication of the position and initials.

In situations where it is not possible to personally deliver the claim to the addressee, the document must be sent by mail by registered mail with a description of the contents and notification of arrival at the addressee.

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 their own initiative;
• Through the organization's office;
• I ordered a car.

In practice, you can encounter situations where the manager of a store in which large-sized goods are sold pays for the services 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 point of sale. 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 obtain compensation for cargo damage if the carrier does not satisfy your claim?

If you ignore or refuse to satisfy the requirements specified in the claim, you have the right to file a claim against the carrier in arbitration court. In case of resolving issues regarding the transportation of goods, exclusive jurisdiction applies. This means that the claim must be brought at the location of the cargo carrier.

In the claim, the applicant describes the circumstances of the discovery of damage to the cargo. In the same part it is necessary to indicate a link to the documentation confirming the fact of cargo damage and the degree of damage.

It is also necessary to include information in the narrative regarding how the parties resolved this issue pre-trial.

The claim itself must be accompanied by all supporting documentation regarding the case, namely:

1. A copy of the agreement regarding the carriage of goods (if there is none, you can request it from the carrier);
2. Shipping documentation for transported property;
3. Report on identified damage;
4. A copy of the complaint to the carrier and the response to it.

Don't forget to pay the state fee. Its size will depend on the total value of the stated requirements.

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 about actual condition product – 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)

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 regulations legal acts, approved by the Government RF:

• 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 different ways– 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're talking about 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 we neglect this little detail, then in the future such a claim will not have any impact. legal force for the 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, mailing- the most effective way.

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.

Claim amount: rub.

Claim

In accordance with the consignment note No. from the city, the forwarder assumed obligations to organize the delivery of cargo (hereinafter referred to as the Cargo) by transport from to to time from the city to the city Consignor: , consignee: . Cargo weight, volume, number of pieces. The cost of the cargo is RUB. (), which is confirmed by the document - .

The cargo was transferred to the Defendant without declaring its value.

D. the forwarder was paid a remuneration in the amount of rubles. (), which is confirmed by the document - .

The cargo was received by the addressee in a completely damaged state: , which is confirmed by the document - .

Based on Art. 803 of the Civil Code of the Russian Federation , clause 1 art. 6 of the Federal Law of June 30, 2003. No. 87-FZ "On transport and forwarding activities" For failure to fulfill or improper fulfillment of obligations under the expedition agreement, the forwarder is liable on the grounds and in the amount determined in accordance with the rules of Chapter 25 of the Civil Code Russian Federation. If the forwarder proves that the violation of the obligation is caused by improper execution of transportation contracts, the freight forwarder's liability to the client is determined according to the same rules according to which the corresponding carrier is responsible to the freight forwarder.

By virtue of clause 1, 2 art. 393 Civil Code of the Russian Federation the debtor is obliged to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of the obligation. Losses are determined in accordance with the rules provided for in Art. 15 Civil Code of the Russian Federation.

According to Art. 15 Civil Code of the Russian Federation a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).

According to clause 1 art. 7 of the Federal Law of June 30, 2003. No. 87-FZ "On transport and forwarding activities" the forwarder is liable to the client in the form of compensation for actual damage for loss, shortage or damage (spoilage) of the cargo after its acceptance by the forwarder and before the delivery of the cargo to the recipient specified in the freight forwarding agreement, or to a person authorized by him, unless he proves that the loss, shortage or Damage (deterioration) of the cargo occurred due to circumstances that the forwarder could not prevent and the elimination of which did not depend on him, in the following amounts:

1) for the loss or shortage of cargo accepted by the forwarder for transportation with declared value - in the amount of the declared value or part of the declared value, proportional to the missing part of the cargo;

2) for the loss or shortage of cargo accepted by the forwarder for transportation without declaring value - in the amount of the actual (documented) value of the cargo or its missing part;

3) for damage (damage) to cargo accepted by the forwarder for transportation with declared value - in the amount by which the declared value has decreased, and if it is impossible to restore the damaged cargo - in the amount of the declared value;

4) for damage (damage) to cargo accepted by the forwarder for transportation without declaring its value - in the amount by which the actual (documented) value of the cargo has decreased, and if it is impossible to restore the damaged cargo - in the amount of the actual (documented) value of the cargo.

Losses in the form of compensation for actual damage for damage to cargo amount to RUB. () due to the impossibility of its restoration.

Paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” It has been established that when resolving consumer claims, it is necessary to take into account that the burden of proving circumstances exonerating from liability for non-fulfillment or improper fulfillment of an obligation, including for causing harm, lies with the seller (manufacturer, performer, authorized organization or authorized individual entrepreneur, importer) (clause 4 of article 13, clause 5 of article 14, clause 5 of article 23.1, clause 6 of article 28 of the Law on the Protection of Consumer Rights, article 1098 of the Civil Code of the Russian Federation).

According to Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 of 02/07/1992. moral injury damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

The Defendant, by his actions, caused the Plaintiff moral damage, which is estimated in the amount of rubles. ().

Based clause 1 art. 12 of the Federal Law of June 30, 2003. No. 87-FZ "On transport and forwarding activities" Before filing a claim with the freight forwarder arising from a transport expedition contract, it is mandatory to file a claim with the freight forwarder, with the exception of filing a claim when providing forwarding services for personal, family, household and other needs not related to the client’s business activities.

Based on the above, I ask you to satisfy the requirements specified in this complaint on a voluntary basis. Otherwise, I will be forced to go to court to restore the violated rights and impose all legal costs on you.

I remind you that according to clause 6 art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 of 02/07/1992. when the court satisfies the consumer's requirements established by law, the court recovers from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements, a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

Based clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” No. 17 of June 28, 2012. the fine is collected in favor of the consumer.

Applications:

Copy of invoice No. dated.

Any damage to the cargo is associated with the need to compensate for the damage, identifying the guilty party and all the circumstances that negatively affected the transported material assets. Such an event is regulated by the provisions of Articles 796 and 803 of the Civil Code of the Russian Federation, as well as paragraph 5 of Article 34 of the Charter road transport. I agree established by law rules, any investigation of conflicts in this category includes two mandatory stages:

1. A claim from the transport company for cargo damage, which is sent by registered mail along with a completed report and other documentary materials.
2. Submitting a statement of claim to the arbitration court, to which all evidentiary documents and a receipt for payment of the state fee should be attached.

The statute of limitations in this case is 1 year from the date of filling out the report on damage to transported material assets. Any claim against the carrier for damage to cargo must be made knowledgeable lawyers, capable of convincingly describing all the evidence of guilt, as well as bleak ones that are promising for the defendant in the event of a trial. A claim is filed if the guilty party refuses to compensate for the damage or offers do not satisfy the party filing the claim.

In this case, court decisions are transferred to enforcement proceedings, during which the amount of the claim and legal costs are recovered from the defendant. In some cases, a plaintiff may be entitled to make a claim for lost profits if damage to commercial goods intended for sale is involved. Sometimes there are situations when the plaintiff also demands compensation for costs incurred in the process of complex disposal of damaged products.

Reasons for cargo damage during transportation

Each cargo requires a competent selection of transport for transportation, which can provide appropriate conditions, according to the specifics of the goods being transported. All requirements and provisions for transportation are regulated by Decree of the Government of the Russian Federation dated April 15, 2011 No. 272 ​​“On approval of the Rules for the transportation of goods by road.”

Cargo damage occurs due to the following events:

1. Incorrect choice vehicle and method of transportation. A simple example is that deep-frozen products are transported in an isothermal van, and not in a refrigerator. The result is damage to the entire batch of expensive goods. The second example is that grain with high humidity (above 15%) is transported in bags. The result is an intensification of the process of rotting the crop with the subsequent loss of large volumes of transported products.
2. Damage to goods due to mechanical influences, including vehicle vibration during the trip. Such circumstances arise due to poor quality packaging, negligence of loaders, improper location and fixation of cargo in a container or body.
3. Road traffic accidents. In this case, the owner’s claims will also be brought against the carrier, regardless of his guilt in the accident. After compensation for the damage caused, the defendant has the right to file a recourse claim against the culprit of the accident.

There is also such a thing as natural loss of cargo, which is regulated by separate rules for specific types of products. For example, natural losses during the transportation of grain crops are 0.07 when transported in open bodies and 0.05% when delivered in bagged containers. It is clear that if the loss fits into the specified standards, then there can be no talk of any claims against the carrier. Chapter 6 of the mentioned Decree No. 272 ​​describes the nuances of transportation individual species cargo (liquid, bulk, homogeneous).

Carrier's liability for cargo damage

As soon as the act of receipt of the cargo has been signed, the carrier and forwarder are fully responsible for the safety of the transported valuables. Responsibility ends only at the moment of signing the act of transfer of goods to the consignee. Once it has been determined who is to blame for damage to the cargo during transportation, it is necessary to determine the amount of damage that will be compensated by the guilty party. In this case, the assessment can be carried out using the following methods:

• a percentage calculated from the estimated value of the cargo specified in the contract;
• quantitative assessment of damage, which is made based on the actual volume of damaged goods;
• determination of the amount of compensation based on average market prices for the corresponding product group(if there is no written estimated value)

If we are talking about the liability of the forwarder, then in this case the plaintiff appeals to Article 803 of the Civil Code on violation or improper performance of a commercial contract. In this case, the guilt of the accompanying person working on the basis of a contract is, in the vast majority of cases, obvious to the court.

The carrier is released from liability if he can prove the following points:

• the events occurred due to compelling circumstances;
• the driver made every effort to preserve the cargo;
• traffic restrictions were suddenly introduced on the route, which the carrier could not have known about

In this case, the defendant should rely on Article 36 Federal Law“Charter of motor transport and urban ground electric transport” dated 08.11.2007 N 259.

Actions of the consignee in case of damage to the cargo

If cargo damage is detected, you must:

1. Promptly notify the transport company of the incident.
2. Set up a commission that will include specialists who can assess the scale of losses and the size material damage. If we are talking about damage to large quantities of goods, an independent expert should be invited to carry out an assessment.
3. Take photographs of visible damage or make a video.
4. Take a photo of the waybill with notes on the departure and arrival of transport at the destination.
5. Unload the vehicle with separate unloading of damaged products for accurate accounting.
6. Draw up a report on cargo damage, which the driver of the vehicle must sign. If he refuses to sign, the act is signed without his participation by all members of the commission.
7. Contact a lawyer who will draw up a claim against the transport company, which will indicate the reasonable amount of damage for compensation.
8. If there is no response to the claim within 30 calendar days, file a claim with the arbitration court.

Sample claim for cargo damage

The transport company's claim should include the following information:

• date and place of filing the claim;
• complete information about the shipper, carrier and consignee;
• number and date of the transportation contract indicating the cost of the cargo;
• copies of delivery notes;
• all circumstances of detection of damage to transported valuables;
• the amount of damage caused and the procedure for compensation;
• list of attached documentary evidence, photo and video materials;
• signature of the head of the organization that made the claim, stamp, date

This document is drawn up in three copies - for the sender, recipient and carrier. It is worth recalling that such an act is not only the basis for filing a claim, but also allows you to officially write off damaged goods from accounting.

The secure cargo transportation portal Cargocash offers cargo insurance from a reliable operator who promptly reviews applications and compensates for losses. Our website has everything you need to organize responsible delivery with an informed choice of a professional carrier and forwarder.

Sample claim to a transport company. Grounds for writing a complaint. Deadlines for filing and reviewing a claim to the cargo carrier. You must file a claim for cargo damage correctly. You need to start with the act of receiving the goods. As is the case with courier delivery, the driver will ask you to sign his form and confirm the receipt of the parcel.

• 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:

1. 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.
2. In case of damage - from the moment of receipt of the goods.
3. 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 response within the required time frame, a claim can be filed 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.

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:

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

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:

1. Damage to packaging or cargo;
2. Discrepancy found in the number of places;
3. Violation of pre-agreed delivery dates;
4. 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 applies to the period for consideration of the consumer’s claim only there it is 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

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 inspection 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.

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.

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 information 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

to CEO LLC "Transit"

Petrov A.V.

From Micro LLC

Address: Moscow, st. Sedova, 11.

On April 17, 2019, 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, 2019, 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, 2019 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, 2019, 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. Arrival point – Moscow. Recipient – ​​NII LLC, date.

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

Director Signature Date

Complaint to Rospotrebnadzor

Rospotrebnadzor – civil service, which oversees the work of everyone 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.

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 enumeration Money, for damage to the cargo was not carried out 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.

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.

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

Grounds for filing a claim against the transport company

Transport company is a company engaged in organizing the transportation of goods from the shipper (client) to the consignee.

The activities of transport companies are regulated by the Civil Code of the Russian Federation, Chapter 41 (Articles 801 - 806), and the Federal Law "On Transport and Forwarding Activities" dated No. 87-FZ (hereinafter referred to as the Law on Transport and Forwarding Activities).

In accordance with paragraph 1 of Art. 801 of the Civil Code of the Russian Federation, a transport expedition agreement is concluded between a transport company (forwarder) and a client, the shipper or consignee, according to which the forwarder undertakes to organize the transportation of goods.

The forwarder is liable to the client in the form of compensation for actual damage for non-fulfillment or improper fulfillment of obligations under the transport expedition agreement, unless he proves that this occurred as a result of circumstances that the freight forwarder could not prevent or the elimination of which did not depend on him (Clause 1, Article 7 Law on transport and forwarding activities).

TO improper fulfillment of obligations under the contract transport expedition include:

• loss of cargo;
• shortage of cargo;
• damage (spoilage) of cargo;
• violation of the cargo delivery deadline.

According to Art. 12 of the Law on Freight Forwarding Activities, in case of non-fulfillment or improper fulfillment of obligations by the freight forwarder under the freight forwarding agreement, the forwarder must It is mandatory to submit a claim before going to court(except for the provision of forwarding services for needs not related to the client’s business activities).

Deadlines for filing and consideration of a claim

The absence of a claim letter from the transport company makes it impossible to file a claim in court, so a sequence of actions is required. When filing a complaint, the carrier should take into account the specifics of filing claims arising from the transportation of goods. It is important to follow the claim procedure in order to avoid the expiration of the statute of limitations; in the case of transportation, it should not exceed one year. The time for filing a complaint depends on several factors, such as the type of transfer, transport, contract conditions. Thus, the law regulates the deadlines for filing a claim:

• If the cargo is damaged, you can report it immediately after receiving it, having recorded on the spot the fact of property damage;
• in case of loss of cargo - after 30 days from the last date of expected delivery, after 10 days if we are talking about delivery by air, and in multimodal transport - after four months;
• in case of violation of delivery deadlines - from the date of delay.

A claim for damage to property must be made no later than six months, and to recover monetary compensation, it must be filed within 45 days. The carrier can consider a claim within no more than 30 days in accordance with accepted legal norms. In addition, clear deadlines can be specified in the contract. During this period, but no later than its end, the client is given a written response. The carrier may also offer alternative ways to resolve the issue. If, however, no response has been received, you can immediately go to court, attaching to the claim, including a copy of the claim and a document confirming that the paper was sent to the carrier.

International air travel requires different rules. Thus, the claim is limited to a week for luggage, two weeks for cargo. In case of delay in delivery, the period will be 21 days, and in case of loss of luggage - 18 months. There are several ways to submit a complaint to the carrier, for example:

1. Personally bring the complaint to the company’s office, where an authorized employee, when accepting the paper, is required to mark it, as well as certify the document with a signature, seal and indicate the date.
2. By mail. In this case, it is better to do this by registered mail with acknowledgment of receipt, which should be retained as proof of delivery of the claim to the carrier. You can eliminate the possibility of the carrier asserting in court that there was no claim in the envelope by sending a letter with an inventory.
3. In some cases, it is possible to submit an application online.

In practice, many carriers do not want to compensate for the damage caused, deliberately delaying the deadlines, shifting responsibility to the sender, and some even cheat. You can also fight illegal actions with the help of a lawyer who is authorized to represent you and file a complaint himself, as well as immediately record violations, for example, if the carrier refuses to accept the claim.

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.

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:

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

For example, the PEK company is one of best companies for transportation of 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 claim.

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.

Consultation with a lawyer online is free, 24 hours a day.

Read how to file a claim for compensation for moral damages here.

Is it possible to file a claim without a claim? Read the link:

A special form is provided that can later be printed. Additional documents are attached to it: in electronic format, photos, videos. 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.

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 compliance of the inventory items with 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.Find out more here.

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.

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