Courier booking agent/ups - compensation?

saftig

I booked through a courier booking agent and took out full compensation covering the full value of the item/parcel.

In a nutshell:

1. The courier booking agent subcontracted UPS as a courier.
2. The item arrived damaged abroad.
3. The courier booking agent raised a compensation claim with UPS.
4. After 6 weeks, numerous emails requiring additional evidence etc. UPS declined liability based on allegedly inadequate packaging.

I complied in every aspect with the packaging requirements as send to me by the booking agent prior to sending the parcel.

After some search on the internet it became evident that UPS are notorious (at least in the US - their underwriting company is Crawford - don't know about UK) for declining ANY claim, even if parcels were packed by their own staff at UPS parcel shops (US).

Obviously given the circumstances the service was not carried out with reasonable care and skill...

I would very much appreciate advice regarding:

- Am I entitled to additional compensation (from the booking agent, not from UPS) due to negligence in handling the parcel with 'reasonable care'?

Many thanks!

visidigi

This is very important.

You have NO contract with UPS. You have no right to contact them regards this transaction, you are only entitled to speak to the middleman whom you chose to give the business to.

Its very clear, go to a middle man for less cost, get a middle man service. Go to the courier direct, get full service.

You ONLY have a contract with the middle man, nothing with UPS.

saftig

visidigi wrote: »

This is very important.

You have NO contract with UPS. You have no right to contact them regards this transaction, you are only entitled to speak to the middleman whom you chose to give the business to.

Its very clear, go to a middle man for less cost, get a middle man service. Go to the courier direct, get full service.

You ONLY have a contract with the middle man, nothing with UPS.

Yes of course, I should have clarified that my enquiry predominantly relates to the courier booking agent rather than UPS. However, the courier booking agent tries to bail out regarding negligence to provide the service with reasonable care and skill on the basis that UPS declined liability I named the courier as well.

Is the courier booking agent / their goods in transit insurer entitled to demand that the item is secured/held at the recipients address?
I mean considering the rubber time scale provided to resolve the claim - ie another 2-12 weeks in addition to the current 6 weeks I can't reasonably request the recipient to provide storage for the item for such a long period - particularly considering that the item may be recovered by the insurance company at a later stage.
The booking agents T&C do not mention any of that according to my understanding.

visidigi

saftig wrote: »

Yes of course, I should have clarified that my enquiry predominantly relates to the middle man company rather than UPS. However, as the middle man tries to bail out regarding negligence to provide the service with reasonable care and skill on the basis that UPS declined liability I named the courier as well.

Is the booking agent/ their goods in transit insurer entitled to demand that the item is secured/held at the recipients address?
I mean considering the rubber time scale provided to resolve the claim - ie another 2-12 weeks in addition to the current 6 weeks I can't reasonably request the recipient to provide storage for the item for such a long period - particularly considering that the item may be recovered by the insurance company at a later stage.
The booking agents T&C do not mention any of that according to my understanding.

Bailing or not, you have no rights to speak to them - you can only speak to the company with which your contract to deliver exists, thats your middleman.

Requiring the damaged package to be held is normal, as its going to insurance In the same way when you claim on car insurance they/you keep the car till the claim is settled...

saftig

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custardy

I can proof the contrary based on a number on facts:
I sent 4 similar items in the same/similar packaging through the same booking agent/ UPS and none were damaged.this isnt evidence
I complied in every aspect with the packaging requirements as send to me by the booking agent prior to sending the parcel. the booking agents T&Cs are for them,If UPS have different T&Cs then its down to the booking agent to cover/meet the claim
I forwarded photographic evidence of the parcel + item prior to sending it as part of the claims procedure to the booking agent / UPS.

so does the UPS packaging guidelines differ from the booking agent?

visidigi

saftig wrote: »

So what happens to my statutory rights in such a case? They should be considered separately from the insurance, or not?

They are not separate, as the insurance isnt separate, who pays the middleman is none of your concern, your middleman is your contact, they are the ones responsible for the repayment back to you if they have failed to abide by their own terms or delivery commitment.

saftig

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saftig

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