Warning: XSLTProcessor::transformToXml(http://www.raben-group.com/xsl/sitemap_translation.xml) [function.XSLTProcessor-transformToXml]: failed to open stream: HTTP request failed! HTTP/1.1 404 Not Found in /home/httpd/include/xmlutil.inc on line 173

Warning: XSLTProcessor::transformToXml() [function.XSLTProcessor-transformToXml]: I/O warning : failed to load external entity "http://www.raben-group.com/xsl/sitemap_translation.xml" in /home/httpd/include/xmlutil.inc on line 173
Claim

Claim

I

Claim is a complaint in a written form regarding a damage, lack or shortage in a shipment which emerged during accepting shipment for transport to its receipt or delay in its delivery.

Scope and regulations of carrier's responsibility for delay, damage, lack or shortage in shipment are regulated by:

  • For domestic transport: Act – Transport Regulations (consolidated text published in Journal of Laws from 2000, No. 50, Item 601 as amended), Regulations of Rendering Domestic Transport Services by Raben Polska Sp. z o.o.
  • For international transport: CMR (Convention on the Contract for the International Carriage of Goods by Road) published in Journal of Laws from 1962, No. 49, Item 238 as amended).

Claim may be lodged only by authorized person:

  • For domestic transport: customer or person in charge of the shipment (sender or recipient),
  • For international transport: person in charge of the shipment (sender or recipient).

Claim status may be granted only to a claim submitted to Raben Polska, Raben Transport or Fresh Logistics. Therefore, a special complaint letter , is required in a form of a filled–in complaint form or in any other form convenient for customer provided that the form is written. Formularz zawiera wszelkie formalne dane oraz wykaz dokumentów potrzebnych do złożenia reklamacji. The form includes all formal data and a list of all documents needed to lodge a complaint.

Fast submission of complaint shall enable its fast consideration.

Claims shall be submitted to the address of a company which realizes the service, accordingly:

    Raben Polska Sp. z o.o., Dział Obsługi Klienta (lub Dział Jakości), ul. Zbożowa 1; 62-023 Robakowo k/Poznania
  • Raben Transport Sp. z o.o., Dział Jakości, ul. Poznańska 71, 62-023 Gądki
    Fresh Logistics Sp. z o.o., Dział Jakości, ul. Zbożowa 1; 62-023 Robakowo k/Poznania

Lodging a complaint does not release from the obligation of paying for transport service.

II

Documents required for lodging complaint
The following documents shall be attached to claim form:

a/ for domestic transport:

  • Original consignment note – for recipient if the recipient lodges the complaint; original consignment note – for sender if the sender or ordering party lodges the complaint. Consignment note gives the sender, the ordering party or recipient right to lodge a complaint.
  • Damage protocol – determines, among others – damage's type, size and circumstances. It is a two-party document signed by recipient and driver delivering the shipment – original or certified true copy of the original*,
  • Certified true copy of the original invoice accompanying the shipment*,*
  • Bank's name and account’s number to which possible compensation shall be transferred.

b/ for international transport:

  • Original consignment note – for recipient,
  • Damage protocol,
  • Certified true copy of the original invoice accompanying the shipment* or other document certifying the claim value;
  • Bank's name and account’s number to which possible compensation shall be transferred.

*Certified true copy of the original is a copy which has been certified with a company’s stamp and signed by a person authorised to represent the claimant..

Shall the consumer miss to submit the aforementioned documents, the complaint will not be considered. In exceptional cases carrier is allowed to demand additional documents necessary for considering the claim.

Drawing up a damage protocol at delivery shall not be treated as a complaint but only as raising objections to the state of the shipment.

 

III

Claims lapse:

  • After a year for claims regarding damage, lack or shortage in shipment (both for domestic and international transport),
  • After 2 months for delays in shipment’s delivery (for domestic transport),
  • After 21 days for delays in shipment’s delivery (for international transport).

In practice lapse of X days means that after that time carrier (i.e. Raben Polska, Raben Transport, or Fresh Logistics company) is not obliged to pay indemnity and shall disregard the claim even if, in principle, the carrier was responsible for the damage.

IV

Limits of indemnities
In domestic transport indemnity for loss, damage of deficiency in shipment may reach maximally net value of goods taken for freight and covered by claim. In case of delays in transport, the compensation may reach maximally doubled transport fee.

In domestic transport indemnity for loss, damage of deficiency in shipment is paid according to delays in transport and at accepting it for transport but it cannot exceed 8,33 SDR* (Special Drawing Rights) per kg of lacking or damaged shipment. In case of delays in transport, the compensation may reach maximally single transport fee.

SDR – is a currency unit used for cashless settlements, connected with international road transport of goods. SDR exchange rate has currency code XDR and it is represented in Table A.

Compensation is paid net because the claimant may deduct VAT from goods at the moment of purchase.

Carrier cannot pay 100% compensation when the goods were damaged partially. Therefore, determining the indemnity value the claimant is obliged to diminish the size of damage – if possible. Demand for indemnity shall be proportional to actual size of damage. Lodging a complaint straightforwardly in the value corresponding to actual diminished value – at the stage of lodging the complaint – will make the process of claim consideration no longer than is should be. The necessity to diminish the size of damage results from Art 354 of Civil Code.

Response to a complaint shall be send within 30 days from the moment of receiving the full set of documents concerning the matter and explaining all circumstances of damage and subjects responsible for the damage.

The complaint may result in paying the compensation or refusal. The claimant may appeal against the decision by providing his/her own written statement within 30 days from the moment of obtaining the decision. Claimant may also appeal to common court of law, district court in Poznan.

Claim lodged by an unauthorized person or a person who does not conditions regulated by law or a complaint to which required documents have not been submitted shall not be considered.