You have the right to a refund if your package is damaged or lost in transit. However, if you have not taken out insurance, the Warsaw Convention or the Montreal Convention apply to transport by air and the CMR (International Convention on the Contract for the Carriage of Goods by Road) to transport by road. Consignments carried domestically (not leaving the country) are subject to the laws of the country.
The Warsaw Convention or the Montreal Convention
This is the convention for the unification of certain rules for international carriage by Air. In case of a reimbursement, the costs are according to the weight of the parcel. In the agreement, the reimbursement is approximately 22 CHF per kilogram, however this amount can change due to the exchange rate or new regulations. Furthermore, there is a maximum amount of 113 CHF, it will be used, when the calculated amount is lower than 113 CHF but the declared value of the good is higher.
EXAMPLE: A good has a value of 1’000 CHF but weighs only 1 kg and was shipped for 70 CHF by Air. Now the good is damaged and the sender is claiming for reimbursement. If the carrier is fully liable the following will occur:
Calculation: 1kg x 22 CHF = 22 CHF (the result is less than 113 CHF. Therefore, we automatically take 113 CHF, because the value of the good shipped is higher than 113 CHF)
113 CHF + 70 CHF (Shipping cost) = 183 CHF amount reimbursed
It is possible to have a higher amount then 113 CHF, when the calculated value is higher. Nevertheless, the reimbursement amount cannot exceed the value of the good.
CMR (International Convention on the Contract for the Carriage of Goods by Road)
Was the parcel transported by road, the reimbursement cost per kilogram will amount to approximately 8,33 CHF. However, amount may change due to the exchange rate or new regulations. Moreover, in Switzerland the maximum amount is 130 CHF, it will be used, when the calculated amount is lower than 130 CHF but the declared value of the good is higher.
EXAMPLE: A good has a value of 1’000 CHF but weighs only 1 kg and was shipped for 50 CHF by Route. Now the good is damaged and the sender is claiming for reimbursement. If the carrier is fully liable the following will occur:
Calculation: 1kg x 8,33 CHF = 8,33 CHF (the result is less than 130 CHF. Therefore, we automatically take 130 CHF, because the value of the good is higher than 130 CHF)
130 CHF + 50 CHF (Shipping cost) = 180 CHF amount reimbursed
It is possible to have a higher amount then 130 CHF, when the calculated value is higher. Nevertheless, the reimbursement amount cannot be greater than the value of the good.
For the calculation, the value declared will be taken into consideration.
Therefore, make sure to write down the correct value of the good in the Waybill (shipping documents).
Liability of carrier
A full or partial discharge of liability is possible if the carrier proves that the person claiming the damage contributed to the damage. For example, if the goods were not properly packed.
Therefore, it is crucial to protect your package from damage with suitable and secure packaging.
Consequential damage to goods, such as loss of profit, loss of earnings, loss of business, for example, is not compensated under the CMR (International Convention on the Contract for the Carriage of Goods by Road).
Refund without insurance: How do I report a damaged parcel?
When a shipment is damaged during transport, the recipient must report this to Expedismart (obviously if the shipment was made through Expedismart). This declaration must be made at the latest on the first working day after delivery. In case of damage that is not visible from the outside, the complaint must be made at the latest within 7 days (excluding Sundays and public holidays) after delivery, and within 21 days in case of late delivery.
To do so, the customer must report the damage to Expedismart via the button in the "My Shipments" section of his user profile. If it is not possible to report the damage electronically, the customer can contact Expedismart by phone or by any other useful means, but preferably in writing. If possible, the damage will also be noted on the delivery note.
In the declaration, the customer must state the condition of the packaging and the damage. For this purpose, we ask for documentary evidence, such as photos of the packaging and/or the consignment and the delivery note signed by the courier.
Expedismart forwards the declaration and the supporting documents to the carrier. The carrier appoints an expert to confirm the correspondence between the contents and the packaging. The expert opinion commissioned by the carrier shall determine the liability of the carrier.
Please keep the following until the refund has been made:
- A copy of the commercial or pro forma invoice that was attached to the shipment.
- Keep the packaging of the package as well as the damaged goods
- Pictures of the damaged goods and packaging
In case of a lost parcel, please inform us as soon as possible.
If a parcel is lost, we must wait until the delivery date has passed before investigations can be initiated. If the parcel cannot be found through the carrier's investigations, it will be declared lost, and the sender will be compensated. In order to reimburse the amount, we ask the customer to provide us with all the necessary documents to determine the value of the lost shipment.
Insure your goods with Expedismart
At Expedismart we have negotiated conditions with the insurance company AXA that allow our customers:
- To insure goods up to 100'000 Swiss francs instead of only 50'000 Swiss francs
- To send works of art with insurance cover of up to 25'000 francs
- To insure documents up to a value of 5'000 francs
You can insure documents on Expedismart. This insurance specifically covers the reproduction of the document, for example the reproduction of a lost passport.
The cost of the AXA insurance is 1% of the value declared at the time of booking, with a minimum of CHF 10. For example, if the value of your goods is CHF 2,000, the cost of the insurance is CHF 20. We recommend that you read AXA's general conditions if you wish to insure your goods via Expedismart.