The removal company is liable as a carrier in accordance with the removal contract and the German Commercial Code (HGB). These liability principles also apply to cross-border transportation beginning or ending in Germany, even if different means of transport are used. The liability provisions apply accordingly to storage where the depositor is a consumer.
The Furniture Removal Firm is liable for damage caused by loss of or damage to the goods while they are in its care
The Mover's liability for loss or damage shall be limited to an amount of EUR 620 per cubic meter of loading space required for the performance of the contract. The Mover's liability for exceeding the delivery period is limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damages not caused by loss of or damage to the goods or by exceeding the delivery period due to a breach of a contractual obligation in connection with the execution of the removal, and if the damages are other than damage to property and personal injury, the liability in this case is limited to three times the amount that would have been payable if the goods had been lost.
If the mover has to pay compensation for loss of the goods, the value at the place and time of acceptance for transportation shall be reimbursed.
The value of the goods at the place and time of acceptance is decisive. The value of the goods is determined by the market price. In both cases, the costs of assessing the damage shall also be reimbursed.
The Furniture Removal Firm shall be exempt from liability if the loss, damage or delay in delivery is due to an unavoidable event which the Furniture Removal Firm could not avoid even with the greatest care and the consequences of which it was unable to avert.
1. the Furniture Removal Firm is exempt from liability if the loss or damage is due to one of the following risks:
2. the Furniture Removal Firm is exempt from liability if the loss or damage is due to one of the following risks:
3. the Warehouse Keeper shall not be liable for damage caused by nuclear energy and radioactive or radioactive substances.
1. the exemptions and limitations of liability also apply to claims arising from non-contractual liability for loss of or damage to the goods or for exceeding the delivery period, unless the Furniture Removal Firm acted intentionally or recklessly and in the knowledge that damage would probably occur.
2. the aforementioned exemptions and limitations of liability also apply to the Furniture Removal Firm's personnel.
If the Furniture Removal Firm commissions another Furniture Removal Firm to carry out the removal, the latter shall be liable in the same way as the Furniture Removal Firm commissioned for as long as the goods are in its care. The removal company carrying out the removal may assert all objections under the freight contract.
It is possible to insure the goods over and above the statutory liability. At the customer's request and against payment of a separate premium, the Furniture Removal Firm shall take out transport or storage insurance.
The following important special features apply to the assertion of claims for damages:
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