How can Packlink exclude items that the carrier they use, Hermes, doesn't exclude?

[kevanp]

I have just had Packlink/Hermes lose a package. I was stunned to learn that 'Antiques' is on Packlink's exclusion list, including such dangerous anti-social items as 'Art' and 'Jewellery'. (While a whole list of other things including 'Luxuries' are 'non-compensation items'.) Makes you wonder if it's ever worth paying for shipping insurance.

 

Anyway, they have lost my shipment, which was a rather lovely antique hunting whip for which someone had paid me £88.

 

My questions are:

1. How can Packlink justify excluding items which Hermes, the carrier, explicitly do NOT exclude. Their only exclusion relating to antiques is that they will only compensate for total loss, not damage, if the antique is over 100 years old.

2. What chance do I have in pursuing either Packlink or Hermes for the loss, given the contradiction in exclusions.

 

I'd appreciate any advice.

Thanks

[BankFodder]

Packlink is used by Hermes to try and decline liability because they try to con you that you have no contractual rights because your contract was with Packlink. Conveniently, Packlink is based in Spain and therefore out of the jurisdiction and therefore extremely difficult to sue.

Don't worry. What Hermes doesn't tell you and what Packlink doesn't tell you is that under the Contracts (Rights of Third Parties) Act 1999, you enjoy full contractual rights as if you were a direct contracting party.

Hermes and Packlink and other careers rely on prohibited items lists which may have some relevant if items are damaged – but don't have any relevance if the items are lost. It's not possible to say that simply because something is made of glass or it is an antique or it contains alcohol that that somehow has increased the risk of it being lost.

You have to realise that you are dealing with a dishonest industry.

Have you made your formal claim against Packlink and also against Hermes? This is probably a good idea in order to get a formal rejection of liability.

 

Read around, let us know where you are in all of this and then we will discuss the next step

[kevanp]

Very good! 

 

Do you have any ideas of the best way of making a formal claim against Packlink and Hermes? Obviously their public-facing assistance is of no use whatsoever.

 

Many thanks

KP

[BankFodder]

Just go through the normal claims process but don't let it take more than, say, 10 days.

If it starts to take longer than that then probably the thing to do is to send them one letter/email of complaint giving them seven days and then sent the letter of claim.

That will also give you enough time to have read around the threads on this forum and to be thoroughly familiar with the issues. Also it will give you time to understand the steps you need to take to bring a small claim in the County Court. There is lots of information here – and you will then understand what you need to do, what the risks are and to make a decision as to whether or not you are prepared to go ahead.

[BankFodder]

Here is some light reading for you to get you going