ATTENTION: do you see the difference in the addresses: email@example.com and firstname.lastname@example.org!
FORWARDERS if you fail to spot this subtle difference, then you are liable for the fault in choosing the carrier and are liable to pay compensation for the stolen goods. The carrier's responsibility for the selection of a subcontractor is similar.
In the following case, the SHIPPING COMPANY, after receiving a refusal to pay compensation, turned to Galicja Brokers for help. As a result of the actions taken, the Insurer agreed with our arguments and paid compensation from the forwarder's liability insurance in the amount of almost PLN 500,000.00 for the stolen goods.
The SHIPPING COMPANY commissioned the transport of goods to a carrier who used an e-mail address almost identical to that of a large transport company. For example, the real carrier had the address email@example.com, while the fake firstname.lastname@example.org. The forwarder did not catch this difference and did not properly verify the company. After releasing the goods to the alleged carrier - he stole it.
According to Art. 799 of the Civil Code, "The Freight Forwarder is responsible for the carriers and sub-forwarders he uses to perform the order, unless he is not at fault in the choice".
In these facts, the freight forwarder is responsible for the selection of the carrier and the insufficient verification.
It is therefore very important to have a forwarder's liability insurance with a wide range of protection. It is worth emphasizing that in legal terms, this is a complicated insurance and special attention should be paid to the provisions of the General Terms and Conditions of Insurance.
Legal adviser Jerzy Klimkowski
Galicia Brokers offers comprehensive insurance for transport and forwarding companies, as well as professional liquidation of motor and cargo damages.
Broker recommended by the Association of carriers OZPTD associating over 1000 transport companies.