1. Legal Liability under the German Commercial Code (HGB)
BoteEx Courier Service operates in strict compliance with the provisions of the German Commercial Code (HGB §§ 407 et seq.).
Limitation of Liability
In the event of loss or damage to transported goods, the carrier’s liability is legally limited to 8.33 Special Drawing Rights (SDR) per kilogram of the lost or damaged goods, in accordance with Section 431 HGB.
The Special Drawing Right (SDR) is an international reserve asset established by the International Monetary Fund (IMF) and is converted daily based on current exchange rates.
2. Transport & Public Liability Insurance
To provide the highest level of protection for our customers, BoteEx maintains comprehensive:
- Commercial Public Liability Insurance
- Goods in Transit Insurance
Insurance Coverage
The insurance covers:
- Personal injury
- Property damage
- Financial losses
caused by our employees during:
- Transportation
- Loading
- Unloading
- Carrying services
Conditions
Insurance coverage applies only to damages that can be proven to have resulted from gross negligence or intentional misconduct by our personnel.
3. Exclusions of Liability
According to Section 427 HGB, BoteEx shall not be liable if loss or damage results from any of the following circumstances.
Insufficient Packaging
Goods that were not properly packed by the customer for transportation.
Examples include:
- Unprotected glass items
- Fragile furniture without adequate padding
- Poorly secured packages
Natural Characteristics of the Goods
Damage resulting from the inherent nature of the transported goods.
Examples include:
- Fragile constructions
- Rust
- Perishable goods
Force Majeure
Events beyond the reasonable control of the carrier, including:
- Serious traffic accidents caused by third parties
- Natural disasters
- Extreme weather conditions
Incorrect Customer Information
Damage resulting from inaccurate or incomplete information provided by the customer regarding:
- Weight
- Dimensions
- Fragility
- Special transport requirements
4. Damage Reporting Deadlines
To preserve legal claims for damages, the statutory notification periods under Section 438 HGB must be observed.
Visible Damage
Visible damage such as:
- Scratches
- Dents
- Broken furniture
must be:
- Reported immediately to the driver upon delivery
- Recorded in the delivery report
- Documented with photographs
Claims submitted after delivery may no longer be legally enforceable.
Hidden Damage
Damage discovered only after unpacking must be reported within seven (7) days of delivery via:
Failure to report within this period may result in the loss of statutory claims.
5. Reporting a Damage Claim
If damage occurs despite all precautions, please send us the following as soon as possible:
- Proof of purchase or proof of value of the damaged item
- Close-up and overall photographs of the damage
- Photographs of the packaging
Please contact us by email or WhatsApp.
We will review your claim as quickly as possible and, where applicable, forward it to our insurance provider.