Liability information of the furniture removal company according to §451g HGB

1. Scope

The freight carrier (hereinafter referred to as the removal company) is liable according to the removal contract and the German Commercial Code (HGB). The same liability principles apply to the transport of removal goods to and from locations outside Germany. This also applies if different means of transport are used.

2. Liability principles

The removal company is liable for any damage caused by loss or damage to the removal goods during the period from acceptance for transport to delivery or by exceeding the delivery deadline (custody liability).

3. Maximum liability amount

The removal company’s liability for loss or damage is limited to an amount of €620 per cubic meter of loading space required to fulfill the contract. If the delivery deadline is exceeded, the removal company’s liability is limited to three times the amount of the freight. If the removal company is liable for damages that are not caused by loss or damage to the goods or by exceeding the delivery deadline due to a breach of a contractual obligation related to the execution of the move, and if the damages are other than damage to property or personal injury, then in this case liability is limited to three times the amount that would have to be paid if the goods were lost.

4. Replacement value

If the removal company has to pay compensation for loss, the value at the place and time of acceptance for transport must be reimbursed. If the goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods must be reimbursed. This depends on the place and time of acceptance 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.

5. Disclaimer of liability

The removal company is released from liability if the loss, damage or exceeding of the delivery deadline is due to circumstances which the removal company could not avoid even with the greatest care and whose consequences it could not avert (unavoidable event).

6. Special grounds for exclusion of liability

The removal company is released from liability if the loss or damage is due to one of the following risks:
1. Transport of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
2. Inadequate packaging or labelling by the sender;
3. Handling, loading or unloading of the removal goods by the sender;
4. Transport of goods not packed by the removal company in containers;
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 removal company has previously informed the sender of the risk of damage and the sender has insisted on the service being carried out;
6. Transport of live animals or plants;
7. Natural or defective condition of the removal goods, as a result of which they are particularly susceptible to damage, in particular through breakage, malfunction, rust, internal spoilage or leakage.

If damage has occurred which, according to the circumstances of the case, could have resulted from one of the risks listed under 1.-7., it is presumed that the damage resulted from this risk. The removal company can only invoke the special grounds for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has followed special instructions.

7. Non-contractual claims

The exemptions and limitations of liability also apply to a non-contractual claim by the sender or the recipient against the removal company due to loss or damage to the removal goods or due to exceeding the delivery deadline. Loss of the exemptions and limitations of liability The exemptions and limitations of liability do not apply if the damage is due to an act or omission that the removal company committed intentionally or carelessly and in the knowledge that damage would probably occur.

8. Liability of people

If claims for damages arising from non-contractual liability are made against one of the removal company’s employees due to loss or damage to the removal goods or due to exceeding the delivery deadline, the removal company can also invoke the exemptions and limitations of liability. This does not apply if the removal company acted intentionally or carelessly and in the knowledge that damage was likely to occur.

9. Executive furniture removal company

If the move is carried out in whole or in part by a third party (moving agent), this third party is liable for any damage caused by loss or damage to the goods or by exceeding the delivery deadline during the transport carried out by this third party, in the same way as the moving agent. The moving agent can assert all objections to which the moving agent is entitled under the freight contract. The moving agent and the moving agent are jointly and severally liable. If employees of the moving agent are called upon, the provisions on the liability of employees apply to them.

10. Liability agreement

The removal company informs the sender of the possibility of agreeing with him on liability that goes beyond that provided for by law, against payment of an appropriate fee.

11. Transport insurance

The removal company informs the sender of the possibility of insuring the goods against payment of a separate premium.

12. Notification of damage

In order to prevent claims for compensation from becoming void, the following must be observed:
– The sender is obliged to inspect the goods upon delivery for any externally visible damage or loss. These must be recorded in detail on the delivery receipt or in a damage report or reported to the removal company no later than the day after delivery.
– Damage or loss that is not externally visible must be reported to the removal company in detail within 14 days of delivery.
– General damage reports are not sufficient under any circumstances.
– Claims for exceeding delivery deadlines expire if the recipient does not notify the removal company of the delay within 21 days of delivery.
– If a report is made after delivery, it must always be made in writing and within the specified deadlines in order to prevent the claim from being lost. The damage report can also be transmitted using a telecommunications device. A signature is not required if the issuer can be identified in another way.
– To meet the deadlines, it is sufficient to send the application on time.

13. Dangerous removal goods

If the removal goods include dangerous goods (e.g. petrol or oils), the sender is obliged to inform the removal company in good time about the nature of the danger posed by the goods (e.g. flammability, corrosive liquids, explosive substances, etc.).