BERLIN / LONDON (IT BOLTWISE) – Consumers often face challenges when packages arrive late, damaged or not at all. What rights do you have in such cases? The article highlights the legal options and gives practical tips for dealing with parcel service providers such as DHL and Hermes.
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Consumers who wait for packages know the problem: delays, damage or even loss of shipments. But what rights do they have in such cases? According to lawyer Harald Rotter, delays alone are not a reason for claims for damages unless a fixed delivery date has been agreed. In such cases, late delivery may be considered a breach of contract and the consumer has the right to be reimbursed for the difference in price if he had to buy the product at a higher price elsewhere.
If a package is lost, the sender is the contractual partner of the parcel service and must take care of the investigation. Consumers should therefore contact the sender to request a subsequent delivery. The buyer is only obliged to pay when he has actually received the goods. If subsequent delivery is not made within a set deadline, the purchase price can be claimed back. Compensation for damages can be claimed, particularly for individual items.
If shipments are damaged, it is important to document the damage immediately and report it to the parcel service. The key is to recognize the damage immediately upon acceptance and, ideally, have it confirmed by the delivery person. Senders can then claim damages from the parcel service, but only if the package contents were appropriately packaged and the damage was not due to poor packaging.
Storage permits pose a particular challenge. Consumers should only issue these if the storage location is really safe. If the package is delivered as agreed and is subsequently lost or damaged, the recipient is liable. However, if there are deviations from the approved storage locations, the transport company is liable. Using the consumer advice center’s postal complaint tool, recipients can receive an initial assessment of the problem as well as templates for a written complaint. However, if in doubt, legal advice should always be sought.
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