Liability conditions

The liability of the mover according to § 451 g HGB

The movings company is liable as a carrier under the movings contract and the German Commercial Code (HGB). These liability principles also apply to cross-border transportation beginning or ending in Germany, even if different means of transport are used. The liability provisions apply accordingly to storage where the depositor is a consumer.

I. Principles of liability

The Furniture Movings Firm shall be liable for damage caused by loss of or damage to the goods while they are in its care.

II. Maximum liability amount

The mover’s liability for loss or damage is limited to an amount of EUR 620 per cubic meter of loading space required to fulfill the contract. If the delivery period is exceeded, the mover’s liability is limited to three times the amount of the freight. If the Furniture Movings Firm is liable for damages not caused by loss of or damage to the goods or by exceeding the delivery period due to the breach of a contractual obligation in connection with the execution of the moving, and if the damages are other than damage to property and personal injury, the liability in this case is limited to three times the amount that would have been payable if the goods had been lost.

III. compensation for lost value

If the mover has to pay compensation for loss of the goods, the value at the place and time of acceptance for transportation shall be reimbursed. In the event of damage to the goods, the difference between the value of the undamaged goods and the value of the damaged goods shall be reimbursed. The value of the goods at the place and time of acceptance shall be decisive. The value of the good is determined by the market price. In both cases, the costs of assessing the damage must also be reimbursed.

IV. Exclusion of liability

The Furniture Movings Firm shall be exempt from liability if the loss, damage or delay in delivery is due to an unavoidable event which the Furniture Movings Firm could not avoid even with the greatest care and the consequences of which it was unable to avert.

V. Special grounds for exclusion of liability

The Furniture Movings Firm is exempt from liability if the loss or damage is due to one of the following risks:

• Transportation and storage of precious metals, jewels, gemstones, money, stamps, coins, securities or documents;
• Inadequate packaging or labeling by the sender;
• Handling, loading or unloading of the goods by the consignor;
• Transportation and storage of goods not packed by the mover in containers;
• Loading or unloading of goods whose size or weight does not correspond to the space available at the loading or unloading point, provided that the Furniture Movings Firm has informed the consignor in advance of the risk of damage and the consignor has insisted on the performance of the service;
• Transportation and storage of live animals or plants;
• Natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, in particular due to breakage, malfunction, rust, internal spoilage or leakage.

If damage has occurred which, according to the circumstances of the case, could arise from one of the risks described under 1. to 7. above, it shall be assumed that the damage has arisen from this risk. The Furniture Movings Firm may only invoke the special grounds for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.

(2) The storage company is not liable for damage caused by nuclear energy and radioactive or radioactive substances.

VI Validity of the exemptions and limitations of liability

(1) The exemptions and limitations of liability also apply to claims arising from non-contractual liability for loss of or damage to the goods or for exceeding the delivery period, unless the Furniture Movings Firm acted intentionally or recklessly and with the knowledge that damage would probably occur. (2) The aforementioned exemptions and limitations of liability also apply to the Furniture Movings Firm’s personnel.

VII Executing mover

(1) The exemptions and limitations of liability also apply to claims arising from non-contractual liability for loss of or damage to the goods or for exceeding the delivery period, unless the Furniture Movings Firm acted intentionally or recklessly and with the knowledge that damage would probably occur. The movings company carrying out the transport can assert all objections under the freight contract.

VIII Transportation and storage insurance

It is possible to insure the goods over and above the statutory liability. At the customer’s request and against payment of a separate premium, the Furniture Movings Firm shall take out transport or storage insurance.

IX. Damage report

The following important special features apply to the assertion of claims for damages:

• Externally recognizable damage and loss of the goods should be precisely recorded on the delivery note or a damage report upon delivery. Such damage or loss must be reported to the Furniture Movings Firm in detail in text form (e-mail, letter, fax) no later than the next day.
• Damage and losses that are not externally visible must be reported to the Furniture Movings Firm within 14 days of delivery, also in detail in text form.
• If damage and losses are not claimed within the specified deadlines, it shall be assumed that the goods have arrived at the recipient’s premises complete and free of damage. After expiry of the deadline, the claims expire.
• Delivery delays must be reported in text form within 21 days of delivery. Otherwise the claim expires after the deadline.