ECLI:NL:RBAMS:2019:5331
ECLI:NL:RBAMS:2019:5331
AI generated
Court orders carrier to pay full damage costs for broken kitchen counter despite general terms limiting liability.
Netherlands (NL)
Legislator summary
AI generatedThe court ruled in favor of the client, ordering the carrier to pay the full damages of €1,477.05 for the broken kitchen counter. Although the carrier argued that general terms exempted them from liability for damage caused by improper handling, the court found these terms invalid as they were not reasonably brought to the client's attention. Consequently, the court held the carrier liable under statutory law and awarded damages plus legal costs.
Legislator headnote
AI generatedArticles 6:216 and 6:217 of the Civil Code; The carrier is liable for damage to goods during transport unless the damage is caused by the client's fault, and general terms excluding liability must be reasonably brought to the client's attention to be valid.
Keywords
AI generated
carrier liability
general terms validity
damage during transport
Civil Code provisions
consumer protection
contract formation
damages award
Cited Legislation
AI generatedArticle 8:1173 paragraph 1 of the Civil Code (BW)
artikel 8:1170 BW
artikel 8:1173 BW
artikel 8:1179 BW
artikel 8:1173 lid 1 BW
Related Decisions
AI generatedECLI:NL:RBROT:2021:12961
ECLI:NL:RBROT:2021:12961 Rechtbank Rotterdam , 22-10-2021 / 9395580 CV EXPL 21-27298
ECLI:NL:RBROT:2013:BY8881
Court allows defendants to prove proper stowage of cargo to avoid liability under Hague Rules.
ECLI:NL:RBNNE:2018:5684
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ECLI:NL:RBROT:2014:627
Court dismisses claim against carrier for cargo damage, ruling driver fulfilled duty of care without special instructions.
ECLI:NL:RBROT:2023:2098
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