The legal aspects of removals, particularly the issues of legal liability and claims in the event of damage, are important for both companies offering removals services and customers using these services. Here are some key points to understand.
1. Legal basis for liability
Removal companies operate on the basis of civil law, which regulates contracts for the provision of services. In Poland, the key piece of legislation is the Civil Code, which sets out the general principles of liability for improper performance of a contract. The company’s liability may be limited to the amount of the actual damage, but cannot be excluded entirely, especially in cases of gross negligence.
Contract for removal services
This is the basic document that sets out the responsibilities of the removal company. The contract should clearly spell out aspects such as deadlines, prices, the scope of services provided and the rules regarding liability for damages.
2. Responsibilities
Legal liability can be defined differently depending on the specific case.
Damage to property
If damage to the property occurs during the move, the removal company may be liable for the damage unless it can prove that the damage resulted from causes beyond the company’s control (e.g. force majeure).
Loss of property
If part of the property is lost in transit, the company is liable for its value unless it can prove that the loss occurred for reasons beyond its control.
Legal responsibility of the removal company
By law, removal companies are usually liable for damage caused during the transportation of a customer’s belongings. However, there are some limitations – for example, the company may not be liable for damage resulting from the customer’ improper packing of belongings (unless packing was also part of the contract).
Documenting the state of affairs
It is important to before the move to carefully document the condition of the items being transported. This may take the form of a detailed inventory with a description of the condition of each item or photographs. Such documents can be crucial in the event of a damage dispute.
Claims procedures
If damage is found, the customer should report the damage to the removal company as soon as possible. Complaint procedures and deadlines for reporting complaints should be clearly stated in the contract. Written notification of the claim within the agreed timeframe is usually required.
3. Removal insurance
Many removal companies offer additional insurance to cover potential damage above the company’s standard liability. A customer opting for such insurance should read the terms and conditions carefully.
Limit of indemnity
Check whether there are limits on the amount of compensation and what exactly is insured.
Exclusions of liability
Often policies contain exclusions of liability for certain types of property or circumstances, such as natural wear and tear.
Removal and insurance
The removal company may offer or require you to take out insurance to cover any damage. The terms and conditions of such insurance, including what is covered and the maximum value of compensation, should also be clearly stated in the contract.
4. Complaint procedures
It is crucial that complaints procedures are followed.
Terms
Notification of the damage must be made within a certain period of time, usually a few days from the date of removal.
Evidence
The customer should provide evidence of damage, e.g. photographs or certificates.
5. Dispute resolution
In the event of dissatisfaction with the solution proposed by the removal company, the customer has several options
Mediacja
An informal way of resolving disputes that can produce a quicker and less costly solution.
Arbitration or court
If mediation does not result in a solution, the case can be referred to arbitration or court. Arbitration is usually quicker and less formal than court proceedings.
Law a international move
Understanding these aspects is crucial for anyone planning to use the services of a removal company, as well as for the companies offering these services, so that they can properly manage the risks and expectations of their customers.
