Sebastian Kobylarczyk
Graduate of the specialist lawyer training course in transport and forwarding law
Main focus on Transport and Forwarding Law
- handling of claims and claims settlement
- conservation of evidence and regress
- extensive international network
- exellent english speaking skills, native polish speaking
- claims managment
- summary proceedings
- Fine proceedings and administrative offenses
- Travel Law
Thomas Betzer
Specialist solicitor of Transport and Forwarding Law
Main focus on Transport and Forwarding Law
- handling of claims and claims settlement
- conservation of evidence and regress
- Travel Law
- extensive international network
- exellent english speaking skills, native german and french speaking
- claims managment
- summary proceedings
Transport and forwarding law ist one of the main focuses in our office.
With one specialist solicitor of transport and forwarding law and on whose focuse of interests is transport and forwarding law, we are able to solve even complicated problems contemporary.
For Transport insurers
For the transport company, there is a statutory insurance obligation with regard to damage caused by goods and delay. Especially in road freight transport, numerous transport damages are caused daily. Our team has many years of experience in claims processing and claims settlement with transport insurers. Our customers include numerous German and foreign insurers and insurance companies. We know what’s important! In particular, in the recourse (conflict) with the usually numerous involved in a transport participants and downstream cargo carriers. In order not to unnecessarily increase the costs for the settlement of claims, especially in disputes with foreign carriers, we draw on our experience, language skills, our network abroad and our cost policy.
Damage prevention, preservation of evidence
We provide competent experts and average commissioners in all major ports and trading countries for quality control purposes
• the packaging,
• of the storage,
• the means of transport,
• stowage and load securing.
Recourses
Depending on the nature and location of the damage, the type of means of transport and the applicable law, packaging companies, stevedores, warehouse keepers, carriers or freight forwarders are liable. Their clients, consignors, consignees and (after assignment or regulation) transport insurers can regularly claim damages if the recourse has been ensured. Required are in particular:
• adherence to short deadlines,
• correct assignments,
• the secure knowledge of the liability regime,
• Competence with agents and foreign lawyers.
Litigation
Our goal is to avoid costs, to convince the opponent extrajudicially and to conclude pre-litigation settlements in consultation with you. If this does not succeed, we will prosecute ourselves before all German courts. If the place of jurisdiction is abroad, we cooperate with competent colleagues based there.
For Carriers
The transports commissioned must be trouble-free. The carrier fights daily with a variety of external and internal problems: External circumstances are in particular accidents of the means of transport used, goods that are damaged due to improper loading at the sender, as well as constantly changing economic conditions such as rising oil prices and insurance premiums. Last but not least, there are the numerous legal provisions, and in particular European law, which threaten high fines for their infringements.
The success of every transport company depends first and foremost on a well-organized internal structure and qualified personnel.
Employment Law
In-depth knowledge of labor law (effective employment contracts, dismissals) avoid economic losses. To ensure this, we are happy to advise and assist you.
Liability
Again and again there are delays or damage or loss of goods to be transported. Even with sufficient insurance coverage, there may be problems that we would like to assist you in solving. Regularly it should be checked whether sufficient insurance protection exists.
Public transport law
As an entrepreneur, you are legally responsible for your staff! This point is too often disregarded and its scope underestimated. The entrepreneur has to carry out regular checks on his suitability and ability with his driver. If he fails to do so, he can be held responsible and punishable. Furthermore, there are also control obligations to third parties, e.g. in the establishment of subcontractors. Here lurk considerable fines, criminal proceedings and in the worst case, the loss of commercial reliability to run a business. We would like to train you and your staff on relevant regulations
• in driving personnel law,
• in customs and customs clearance,
• for dangerous goods transports and
• on fines regulations.
Debt collection
Outstanding claims against the customer are always a danger to the operation. Frequently, such claims are only made if it is too late! The reasons for this often lie in the fact that the carrier shuns the costs of asserting or does not want to jeopardize the business relationship with the clients. Cost-consciously we drive your demand after checking the creditworthiness at home and abroad. Through discussions with your clients, we can act in a timely manner on the clients in a relationship-friendly manner.
Costs
In conjunction with a suitable legal expenses insurance and a permanent consultancy contract, the costs remain manageable and calculable.
Travel Law
Of course, the daily handling of mandates in the transport business also includes the assertion of compensation and compensation claims of the traveling consumer against airlines. The aviation sector of the European Union has changed considerably in recent years. However, the changes in the aviation industry should not lead to a deterioration in the quality of service. Due to the large number of low-cost airlines, however, the shortcomings in the passenger transport pile up. Standing by the agenda
Denied boarding,
Cancellations and
Delays.
For package holidays, it is often advisable to use the airlines directly instead of the tour operator. Since the courts, and in particular the ECJ, are increasingly making consumer-friendly decisions, it has been possible, in court, to successfully claim compensation for the clients that is not insignificant.
An air transport contract is basically a service contract to which, if closed in Germany, the regulations of §§ 631 ff. BGB apply. However, these are overlaid by numerous special provisions, some of which are contained in international conventions (Warsaw Convention, Montreal Convention), in Community law (Regulation 889/2002 on air carrier liability, Regulation on passenger transport law EC-VO 261/2004) and in other national regulations (in Germany for example in the Aviation Act).
Again and again it happens that clients after completing a package holiday due to deficiencies in the flight area visit our office and ask for their claims against the tour operator. Claims against the tour operator always raise the question of which duties the travel organizer may have violated from the travel contract. We clarify the client to the effect that in the most common cases he also has a direct claim against the airline. In particular from the regulation on passenger rights, compensation claims of the traveling consumer, which must be asserted without problems, arise as claims of the traveler vis-à-vis the tour operator from travel law. These circumstances are often overlooked.
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