Passport lost by carrier, now they are trying to get out of paying

Virtual

Hello Guys,

My friend applied for an American Visa in March, and in April she got the visa, but the policy of the American Embassy is to send it back to you via DPD.
While it was stored in their warehouse, the warehouse was broken into this April and all the passports were stolen.

My friend had the flights and everything paid for to go to the states, as she knew she got the visa, but then she had to replace the passport, so she can replace the visa.

This would have taken a few months, 3-4 according to the embassy (she is not an Irish citizen, so she would have to go abroad, or to the embassy to get it replaced). Since she couldn't wait 3-4 months, because she would lose the tickets and everything else she paid for to go to the states, she travelled to get the passport replaced.

She saved all the receipts, for charges incurred through no fault of her own, and then forwarded them to DPD. She didn't even count the fact that she had to take time off work with no pay for this. The total came to 497 euro.

Now, she received a check for 121 euro from DPD with a letter saying the matter is closed.

When she called them to ask what this is about, they said they cannot pay for the flights, even though she didn't want to travel to get this fixed.
Their excuse is this is not a direct expense created by the lost of the passport, but a consequence following said loss.

I've been looking at the NCA website, but not sure if it's time to involve them, and if it is, under what section does this fall into?

Thank you.

intellectual dosser

Uneducated response, but would imagine the carrier can only be responsible for the contents (and their replacement), and not the liability those contents represent to you.
Perhaps someone else can offer advice from experience.

Virtual

intellectual dosser wrote: »

Uneducated response, but would imagine the carrier can only be responsible for the contents (and their replacement), and not the liability those contents represent to you.
Perhaps someone else can offer advice from experience.

I see what you mean, but since my friend had no fault, and since the contents could not be replaced with the value of 121, but instead it cost 497, then that is the value of the parcel. Of course, I might be biased in thinking this way.

It's not like the packaged was insured by the American Embassy at 121 euro.

spyderski

No carrier covers consequential loss. From what I understand from your post, your friend is not DPD's customer, the US embassy is.

In the circumstances I am surprised that they sent you out a cheque at all - their contract is not with your friend. The best chance you friend has of getting compensated is if the US embassy will agree to cover your out-of-pocket expenses, and I'd say thats a long shot.

Beano

DPD will replace the cost of the passport. So €121 sounds about right. Your friend did not have to fly home to get her passport replaced. She could have done it by post. She chose not to because it would affect her travel arrangements. DPD are not liable for this decision. This is why people take out travel insurance. If your friend had travel insurance she could have claimed against that.

Beano

Cabaal wrote: »

Not even sure travel insurance would cover this,
Its upto you to ensure you have the required documents you need to travel, if you don't then you can't claim on insurance.

I would have thought it would cover a lost passport. I must check what my annual policy says.

Virtual

Beano wrote: »

DPD will replace the cost of the passport. So €121 sounds about right. Your friend did not have to fly home to get her passport replaced. She could have done it by post. She chose not to because it would affect her travel arrangements. DPD are not liable for this decision. This is why people take out travel insurance. If your friend had travel insurance she could have claimed against that.

She does have travel insurance and had it before this happened, so she might be able to do something with that.

However, would they still address this if it happened in April, and also, the receipts are now with DPD. Would that matter?

Virtual

spyderski wrote: »

No carrier covers consequential loss. From what I understand from your post, your friend is not DPD's customer, the US embassy is.

In the circumstances I am surprised that they sent you out a cheque at all - their contract is not with your friend. The best chance you friend has of getting compensated is if the US embassy will agree to cover your out-of-pocket expenses, and I'd say thats a long shot.

In fact, the US embassy only uses DPD, but the customer arranges the transport, so I believe that the customer makes the "contract" with them.

dudara

I'd have contacted the US Embassy, not DPD. They were the party with the contract with DPD (unless there's something I'm missing).

whippet

If you check the terms and conditions of any of the usual carriers they will only cover a certain amount of the value of what is being carried (unless you opt for optional insurance).

Cabaal

http://www.dpd.ie/uploads/DPDTermsROI.pdf

17. LIMITATION OF LIABILITY
Subject to these Conditions of Trading the liability of the Carrier for any loss or
damage shall be limited to the following amounts:-
(i) (a) where the loss or damage is in respect of the whole consignment, the amount
stated by notice in writing from the Carrier to the Trader from time to time per Kilo of
gross weight of the consignment up to a maximum weight as stated by notice in
writing from the Carrier to the Trader from time to time.
(b) where the loss or damage is in respect of part only of a consignment, to the
proportion of the sum ascertained in accordance with paragraph (a) hereof which the
actual value of that part of the consignment bears to the actual value of the whole of
the consignment.
(ii) (a) where the Carrier has covered the consignment for additional insurance the
limitation shall be increased to a maximum aggregate amount as stated by notice in
writing from the Carrier to the trader from time to time regardless of the gross weight
of the consignment.
(b) additional insurance cover up to a maximum of the amount stated by notice in
writing from the Carrier to the trader from time to time per consignment will be
provided by the Carrier where the Trader specifies that such cover is required by
ticking the appropriate box provided for this purpose on the Carrier’s consignment
note. The Trader will be liable to pay a supplementary charge for such cover per
consignment as detailed on the Carrier’s rate schedule from time to time.
(c) additional insurance cover is NOT available for consignments which comprise or
include bullion, currency, cheques, bills of exchange, postage stamps, precious
metals, gold and silver articles, precious stones, jewellery, watches, antiques, works
of art, furs, alcohol, dangerous drugs, dangerous goods, livestock, plants and
perishables or for damage resulting in their carriage.
(d) nothing in these conditions shall limit the Carrier’s liability to less than
€
15 in
respect of any one consignment

18. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable for any loss, damage or other liability of whatsoever
nature unless:-
(a) the Trader notifies the Carrier in writing, quoting consignment number at its Head
Office of an impending claim within seven days after termination of transit (or in the
case of a claim for non-delivery within seven days of the anticipated delivery date);
and
(b) the Carrier receives a completed claim form from the Trader at its Head Office
within twenty one days after termination of transit (or in the case of a claim for
non-delivery within twenty one days of the anticipated delivery date).
Provided that no claim shall be entertained by the Carrier nor shall any liability attach
to it, unless all payments due to the Carrier from the Trader in respect of the delivery
of the consignment have been fully made.

16. LIABILITY OF CARRIER
(a) The Carrier will not knowingly accept any of the following for carriage and no
insurance cover will be provided for same and further no liability will attach to the
Carrier for same:-
Explosives, radioactive materials, narcotics, firearms, paint, oil, dangerous goods,
cash, bank drafts, acids, and specifically excludes these goods in any form from its
operation.
(b) The Carrier shall be liable for loss or damage to goods occasioned during transit
to the extent as set out in these Terms and Conditions, specifically at condition 17
hereunder, unless and to the extent that the same has been caused by, is due to, or
has arisen from:-
(i) the carriage of explosives, radioactive materials, poisonous gases, oxidising
materials, narcotics, firearms, oil, paint, acid, dangerous goods and alcohol;
(ii) an act of God, force majeure or any other occurrences or cause beyond the
control of the Carrier, including war, civil commotion, invasion, hostilities, riots and
other occurrences;
(iii) seizure, damage, confiscation, requisition or destruction under legal process or
by or under the order of any governmental, local authority, or other public body;
(iv) any act or omission of the Trader or (if not the Trader) the owner or owners of
the goods comprised in a consignment (or part thereof), including their respective
servants or agents and anything done by the Carrier at the express request or
direction of them;
(v) any inherent liability of consigned goods to wastage, either in bulk, weight or
quality, any latent or inherent defects or natural deterioration of the goods;
(vi) insufficient or improper packaging, labelling or addressing;
(vii) industrial disputes, lock-outs and general or partial stoppages or restraints of
labour of whatsoever nature;
(viii) electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or
photographic images or recording in any form. Provided that under no circumstances
shall the Carrier be liable in any event for consequential loss, special damages or
other indirect loss, howsoever arising, whether or not the Carrier knew or ought to
have known that such losses or damages might be incurred including without limitation
loss of income, profits, interest or loss of market.
(ix) damage or breakage of china, glass or similar objects or parts consisting of such
material;
(x) inevitable loss due to the nature or type of goods consigned;
(xi) fraud.
There is no cover for consequential or indirect loss, howsoever it arises.

Virtual

Thank you all for your contribution to this.