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Carriage Contract Claim
Clarifying information for filing the claim
Damage claims caused by damage, loss or partial loss, and exceeding of delivery period during carriage of wagon-load consignments or containers and swap bodies are filed at the following address: ČD Cargo, a.s., Odbor podpory prodeje (Sales Promotions Department), Oddělení reklamací (Claim Section), Jankovcova 1569/2c, 170 00 Praha 7.
Carriage charge claims are filed at the following address: ČD Cargo, a.s., Odbor OPT (OPT Department), Vídeňská 15, 772 11 Olomouc.
- When taking the consignment and detecting damage or signatures of possible damage, the customer asks to determine the consignment state and to take commercial minutes that are an important basis for determining a level of responsibility and a necessary document when filing the claim.
- The claim has to be filed by the claimant within six months from the date of the consignment delivery to the recipient at the latest or, if the consignment was not delivered, from the date of the contract conclusion. The claim shall be settled by the operator within three months from the date of the claim delivery at the latest. In international transport the claimant has to file the claim within one year at the latest, the claim due to exceeding of delivery period within sixty days. Date for settlement is not determined.
- The claim shall be filed in writing, stating subject of the claim, brief justification, required amounts, lists of the documents enclosed, exact postal addresses, name of the bank and the account number, Identification Number, Tax Number, date, signature, business company, and a legal form in such a way as it is incorporated in the companies register.
- The claim has to be accompanied with necessary documents, especially the original copy of the consignment note and commercial minutes, or other required documents.
- The carriage contract claim can be filed by the consignment consignor or consignee (claimant). A third person – physical or legal – can exercise the right for the claimant or by proxy, on the basis of the consignee’s power of attorney pursuant to § 31 to 33 of the Civil Code, or on the basis of a written agreement onthe debt transfer pursuant to § 524 – 530 of the Civil Code.
- Consignor can file the carriage contract claim only if the consignee did not take the consignment. If the consignee took the consignment, the right to file the claim is transferred to the consignee pursuant to § 619 of the Civil Code. In this case the consignor can claim only upon presentation of the consignee’s power of attorney.