A large part of society’s needs is met by the smooth running of freight and passenger transport. Therefore, the legal rules of transport law are applied rigorously so that traders’ products reach their recipients intact and people using a transport service travel safely.
We can provide you with legal assistance on:
Damage caused by delay in the arrival of consignments at the destination.
The carrier shall be liable for any damage caused by delay in reaching the destination, except in force majeure or a fortuitous event.
By a contract of carriage, a party, called the carrier, undertakes, as principal, to carry a person or goods from one place to another in return for a price which the passenger, consignor, or consignee undertakes to pay at the agreed time and place.
By concluding a contract, each party assumes obligations, and if they are not properly performed, the guilty party may be held liable.
In the field of transport, the Civil Code, in particular Article 1349 et seq. However, there are also special regulations relating to each type of transport which will apply as a matter of priority.
Suppose you have encountered an unfortunate situation where you have suffered an injury through the delayed arrival of shipments at your destination. In that case, our team is here to help you with all the necessary steps to hold the carrier liable.
Damage caused by improper packaging or loss of goods transported.
In case of loss of goods, the carrier must cover the value of the lost goods or the parts of the goods carried.
The rules for determining the carrier’s liability for damages are contained in Articles 1.985 to 1.995 of the Civil Code. According to the legal provisions, in case of loss of goods, the carrier must cover the value of the lost goods or parts of the goods transported. In case of alteration or damage to the goods, the carrier shall cover the decrease in their value.
For both situations, the value of the goods at the place and time of delivery will be taken into account. If the value of the property has been declared at the time of handover, the compensation shall be calculated by reference to that value. Still, in all cases, the compensation may not exceed the amount laid down by special law.
Where the carrier has acted with intent or gross negligence, he shall be liable to pay damages without the limitations or exoneration from liability provided for in the above rules.
In the event of loss or damage to the goods, in addition to the value of the goods, the carrier must also refund the price of the carriage, ancillary services, and carriage costs in proportion, where appropriate, to the value of the goods lost or diminished in value as a result of the damage or deterioration (Article 1986 of the Civil Code).
If you find yourself in one of these situations, we will help you recover the value of your goods and take all necessary steps to hold those who have not fulfilled their obligations properly liable.
Recovery of sums due to the carrier.
According to the regulations in force, the creditor has several procedures at his disposal to recover money resulting from the performance of a transport contract.
The carrier, consignor, or beneficiary may choose one of the following methods to recover the debt owed as soon as possible: payment order or reduced value claim procedure.
The demand for payment procedure is a simplified procedure used for the recovery of specific, liquidated, and enforceable debts representing obligations to pay sums of money arising from contracts and is preferred because of its speed.
Our team is ready to help you with the choice of the right procedural option, providing legal assistance throughout the procedure for recovering claims from the performance of a transport contract.
Liability for damaged or lost luggage and other property.
The carrier is liable for loss of or damage to the passenger’s luggage or other property.
According to the Civil Code, the page is responsible for the loss of or damage to the passenger’s luggage or other property, unless it is proved that the damage was caused by the passenger’s fault or force majeure.
The person responsible for the loss of luggage shall be liable for the loss of or damage to the luggage or other property of the passenger up to the declared value or, if the value has not been declared, about the nature, usual contents, and other such items as the circumstances may require.
However unpleasant these situations may be, it should be noted that any irregularity concerning your luggage transport should be reported as soon as possible. After this time, we will help you with the recovery of its value.
Liability of the carrier for death or injury to the body or health of the passenger.
The airline shall be liable for the end of, or personal injury to, the passenger.
The carrier shall also be responsible for direct and immediate damages resulting from non-performance of the carriage, performance of the carriage in conditions other than those agreed, or delay in performance. If, according to the circumstances, the contract is no longer of interest to the passenger because of the delay in performing the carriage. He may cancel it and request reimbursement of the price.
Our team is ready to help you if you have suffered a personal injury and will assist you with the procedure to recover damages.