ČD Cargo, a.s., Odbor podpory prodeje, Oddělení reklamací, Jankovcova 1569/2c, 170 00 Praha 7 (Department of sale support, Claim department).
ČD Cargo, a.s., Odbor OPT, Vídeňská 15, 772 11 Olomouc (OPT department).
The customer upon the goods accepting and discovering a damage or signs of potential damage, must request to inspect the delivery state and writing a commercial record which is an important document for specifying the level of responsibility and necessary document during the claim procedure application.
The claim must be applied at the latest within six months from the day of handing over the delivery to the recipient or if the delivery was not performed from the day of signing the carriage contract. The rights resulting from the damage on the transported items and delayed delivery lapse after three years. The rights resulting from total destructions or loss of delivery the statute of limitation starts on the day the delivery was supposed to be delivered to the recipient, in other rights the day the delivery was completed. Applied claim procedure is resolved by the transport provider at the latest within three months from receiving the request. In international transport, the person entitled must apply the claim procedure at the latest within one year; in case of exceeding the delivery deadline within sixty days. The deadline for settlement is not specified.
Claim is applied in writing specifying the subject matter, brief reasoning, required sum, list of attached documents, accurate specification of mail address, name of the financial institute and account number, company ID, tax ID, date, signature, Business Company and legal form as it is recorded in the Commercial registry.
The claim procedure requires to attach the required documents, in particular the consignment note and commercial record, potentially other documents.
The claim procedure from the carriage contract can be applied by the dispatcher or recipient (person authorized). Third person – physical or legal – can apply the right for the person authorized, by representation or based on power of attorney or contract in writing on the transfer of claim.
The dispatcher can apply the claim procedure from the carriage contract only if the recipient failed to receive the delivery. If the recipient accepted the delivery, it receives the right to apply any claim. In this case, the dispatcher can make a claim only after submitting power of attorney from the recipient.
The right from the carriage contract can be applied by the dispatcher or recipient hereinafter ‘person entitled’). The recipient becomes the person authorized instead of the dispatcher from the moment it requests the handover of the delivery after it reaches the designated location or after the deadline for the delivery arrival.
The dispatcher and recipient can authorize each other to apply their rights.
Third person can apply the right for the person entitled, by representation or based on power of attorney or contract in writing on the transfer of claim.
The claim must be applied in writing.
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