Rail Incident - Auspost Not Providing Compensation

LDave Bowman on 29/01/2024 - 13:42
Last edited 29/01/2024 - 14:11 by 1 other user

On 31 December 2023, there was a rail incident that impacted Australia Post services: Level crossing collision between freight train 7SP5 and a truck at the Barrier Highway level crossing near Cutana, South Australia, 31 December 2023

I sent a package from QLD to WA that somebody purchased on eBay for $200. I received a call from Auspost today saying the package can't be recovered, and they aren't liable for any compensation (not even the basic $100 cover).

Australia Post is not providing any compensation to either sender or receiver for the loss of items in the train crash as it is considered outside their control. Australia Post is not obligated to provide compensation under Australian Consumer Law for this type of accident. They did offer a goodwill compensation for the postage, which you have received.

Their "compensation offer" was for the postage price of $10.60.

It seems they won't even compensate people who purchased extra cover over $100: Compensation

Extra Cover payment or compensation is not available for loss or damage to any items you’ve sent with us where damage was not caused or contributed to by Australia Post.

I would argue that the damage WAS contributed to by them as it was inside their network and they chose the rail service to send it on.

I need to refund a customer $200 for their purchase. What am I to do? Cheers.

General Discussion

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Comments

  • duk242 on 29/01/2024 - 13:44
    +70

    Damn that's brutal.
    I got no advice for you, but I feel for you.

  • Empharand on 29/01/2024 - 13:45
    +51

    Australia Post never ceases to amaze me (In a bad way).
    I recommend going straight to the Commonwealth Ombudsman for Postal Industry Complaints, looks like they only deal with Australia Post and StarTrack (Go Figure)

    In the interim it looks like you may have to refund your buyer.

    • Dave Bowman on 29/01/2024 - 13:48

      Thanks for this.

      • Loopholio on 30/01/2024 - 15:05
        +7

        @Dave Bowman if you do contact that Ombudsman please let us know of the outcome.

        • anzacpaul on 30/01/2024 - 15:52

          Narrator: He won't

    • Trance N Dance on 29/01/2024 - 15:11
      +9

      This, make the complaint to the Postal Industry Ombudsman. Make a claim for the full value of the parcel and postage costs. Even though their contract may say only $100 of coverage, the last two times I've gone via the PIO they've paid out higher than this. Once a PIO complaint goes in, AusPost then has a fire up their backside to come to an acceptable resolution with the customer.

    • Chandler on 29/01/2024 - 15:33
      -1

      […] looks like they only deal with Australia Post and StarTrack

      Makes sense.

      Commonwealth Ombudsman for Postal Industry Complaints

      I can't think of any other postal company in Australia, can you?

      • us3rnam3tak3n on 31/01/2024 - 15:28

        I never watched Friends. Was Chandler the pedantic character?

        • Chandler on 31/01/2024 - 15:35
          +2

          Yes.

          But see, the question here is, was I wrong? It's almost like complaining to ASIC instead of AFCA.

    • Magnastar on 30/01/2024 - 17:35
      -2

      I’ve been through the postal ombudsman before. They are completely useless because Australia Post have covered their arse in every imaginable way in their terms and conditions for everything that could possibly go wrong.

      I complained about an express post item sent 72km away on a Thursday morning and it not arriving until the following Wednesday last October and Australia Post claimed their guarantee didn’t apply due to COVID.

      • Empharand on 30/01/2024 - 18:17

        Yeah I heard they revoked their Express Post guarantee during all of the COVID lockdowns, namely when they were backed-up and things were taking 3+ business days longer, but I'm pretty sure all of that was reinstated well before October 2023?

        • Magnastar on 30/01/2024 - 18:56

          Not according to Australia Post and the ombudsman

  • Dollar General on 29/01/2024 - 13:45
    +1

    What do the T&C’s state?

    Could be a case of force majeure

    • Empharand on 29/01/2024 - 14:12
      +27

      My condolences to the people that died, and your comment

      • Typical16-bitEnjoyer on 29/01/2024 - 20:42

        Truth hurts.

        OP can sue the truck company, they'll deny liability. OP could then sue the truck driver…but they've guaranteed jail time and will likely declare bankruptcy.

        Same options the family of the deceased train drivers could take, with the likely same outcome.

        No winners here.

        • Jolakot on 30/01/2024 - 19:35

          Not sure why people have downvoted you, can't get blood from a stone.

          $200 won't cover court fees let alone a lawyer to challenge their insurance, not much the average person can do other than cut their losses.

          Could maybe get a class action together, but that'll also be pennies after fees. What else can you do?

        • bargaino on 31/01/2024 - 11:38

          I'd have thought Auspost could claim from the truck company's insurance, and if successful pass on compensation to their customers.
          Was the driver uninsured?

          https://www.theguardian.com/australia-news/2023/dec/31/highw…

  • foxmulder on 29/01/2024 - 14:01
    -5

    If it's my post business they should include insurance $100 to any parcel, but if it's eParcel, depends if you pay for insurance or not when you create consignment.

    • Empharand on 29/01/2024 - 14:18

      Doesn't matter if it's through an Australia Post Business Account, through eBay (or an alternative eCommerce site) or whether you walk into Australia Post and buy an eParcel satchel, they all include 'Up to $100' unless you opt for 'Extra Cover'

      • foxmulder on 29/01/2024 - 14:28

        eParcel is a contract, I guess that's why compensation doesn't apply. They do give you options to pay more in each parcel or you can have $1 more expensive to all your parcels if you choose to have them all covered.

        I have parcels sent via them for years - I lost maybe 1-2 parcels a year, thus why I do not opt in insurance by default.

        I never heard of eParcel satchel, perhaps you meant their normal parcel satchels.

  • lachhelix on 29/01/2024 - 14:13
    +23

    Absolutely ridiculous - what's the point of having any sort of postal insurance then?!

    They're the ones who are transporting your item by train, I'd argue it's then "their train" as far as a customer is concerned.

    • Dave Bowman on 29/01/2024 - 14:39
      +6

      Yeah I've sent hundreds of packages without any issues. The one time I do they conveniently aren't liable. Why tf would I buy extra cover if that's the case.

    • centrelink on 31/01/2024 - 15:17

      Only time i got a refund was when it was lost and they no idea why

  • garetz on 29/01/2024 - 14:13
    +2

    I do not see how they are not liable, just because they chose rail to transport the packages, in the end that was the choice they made, which is definitely within their control.

    Did they quote where in the law they are referring to which mitigates their responsibility?

    • Dave Bowman on 29/01/2024 - 14:21
      +1

      I asked them what law they're referring to, but haven't received a response.

      • foxmulder on 29/01/2024 - 14:44
        +1

        In their Compensation page - they stated

        What’s not eligible for compensation or Extra Cover?
        where damage was not caused or contributed to by Australia Post.

        From one of the news - the truck driver (from another company?) seems to be responsible and charged over the crash.

        • freefall101 on 29/01/2024 - 15:45
          +2

          Since most of their drivers seem to be contractors these days, can they argument they're not responsible for anything anymore?

        • Jake17 on 29/01/2024 - 17:51
          +3

          @foxmulder then shouldn't the truck company compensate Auspost for any claims made by customers?

  • hasher22 on 29/01/2024 - 14:30
    +9

    Im sorry, Australia post is effing useless. I hope the ombudsman will fix it for you.

    On a side note with my negative experience:

    The Australia post rep said to put a "sign on delivery" add on to a large international parcel. I said the website doesn't state to do this but to get the international post as per normal. The rep insisted I get the add on as it was significantly cheaper than buying the international post tracking and sign on deliver.

    It was busy and I just gave in, this was my fault for believing her.

    Anyways

    The parcel sent to USA, congrats to me, the tracking number stopped when it left Australia. Not even an 'arrived in USA' tracking update. In order for me to get my money from this website as the website holds the money as protection to avoid scams, the parcel needs to be signed and delivered. It was a $600 item.

    After a few full time days of following up, Australia post denied their at fault, no surprise there, I had to investigate on my own, knowing which delivery company in the USA had it, and I found the company, gave the tracking number and after 3 reps in the USA, someone found it linked to another tracking ID which was successfully delivered and signed by my customer, I had to record that 1 hour phone call, give it as evidence to the website to get paid.

    The biggest pain, all because I trusted the Australia post rep….. never again. I will always go by what's in hard writing on websites now.

  • Jimothy Wongingtons on 29/01/2024 - 14:40
    +1

    Very surprised they did not at least offer the up to $100 coverage - I send maybe 4-10 packages a week with e-parcel , mostly under $50 so never have had to pay extra but for anything over I always pay insurance for items over $150 as its not worth the heartache of having to shell out for a re-supply. Hope the ombudsman can help you out OP. It does not matter how much you try to argue your point over email to the people monitoring the customer cases at Auspost they just keep randomly quoting the same lines over and over. The only mob worse that I have dealt with is Samsung.

    • jv on 29/01/2024 - 14:55
      +6

      HamBoi69

      Is HamBoi69 the CEO ?

      • MS Paint on 29/01/2024 - 16:21
        +1

        I think you meant CEOW

        Cordial Employee Of Warehouse

        • jv on 29/01/2024 - 16:33
          +1

          Cordial Employee Of Warehouse

          Really?

        • EmployeeHamBoi69 @ Australia Post on 29/01/2024 - 20:58
          +1

          Yep. Nothing special.

    • EmployeeHamBoi69 @ Australia Post on 29/01/2024 - 15:22
      +22

      My apologies, however I cannot comment on this matter. I’m just a warehouse employee and not someone in the legal team. If they’ve given OP a reason then I’d argue it’s not going to go any further. Again I don’t want to say something and insight anything with OP’s case and make OP think they may be entitled to something, when I am really not sure, this is not my area and not my knowledge aspect. What I would say though is that this situation is highly unfortunate. Most standard parcels are usually taken by road and only by train if room permits which is usually not very often. So this is a highly unfortunate situation. Apologies I can’t be of more help!

    • kiriakoz on 29/01/2024 - 15:50
      +16

      Why are you summoning some battler in the warehouse? Leave him be, I’m sure he’s a good bloke.

      • WoodYouLikeSomeCash on 29/01/2024 - 21:18
        -8

        Hamboi69 still has access to internal newsletters and information which (if available and relevant to the incident) could have helped OP understand the internals of the decision.

        • kiriakoz on 29/01/2024 - 21:22
          +3

          Nah fair enough, I wasn’t trying to be mean, just irreverent.

        • Randolph Duke on 31/01/2024 - 09:51

          Sure, if they don’t like their job.

  • tio on 29/01/2024 - 14:55
    +3

    I would argue that any contract terms between Auspost and its customers should be fair and reasonable, so if you think that Auspost unilaterally enforces unfair terms in its contract, you should make your case if possible and feasible.

  • Seraphin7 on 29/01/2024 - 15:12
    +3

    Hmmm … I've not got the time (and much less the inclination) to examine all of AP's T&Cs, but it would seem on face value that any loss incurred while the item is effectively in AP's custody would be covered.

    The fact they have used a sub-custodian/contractor (i.e. the rail operator) is neither here nor there … your contract is with AP, not whoever they might sub-contract to (who you wouldn't know in any event).

    I would be pushing the angle that your contract with AP exists from the point you give them the parcel until the point they deliver it. It would seem that there is no disagreement that the parcel was lost between those two points. If you can get them to concede the first point, the second point is already agreed, and then you have all you need to substantiate a claim.

    • Dave Bowman on 29/01/2024 - 15:18

      Good points, cheers

    • pharkurnell on 29/01/2024 - 15:36
      +1

      while the item is effectively in AP's custody

      thats why I feel they are liable…

    • Typical16-bitEnjoyer on 29/01/2024 - 20:36

      The 'sub-custodian/contractor' didn't crash the train.

  • Paul Atreides on 29/01/2024 - 15:34
    +2

    Interesting…

    Before this i'd have thought that AP ultimate would be able to cover cost of goods lost from the insurance of either the train company, or the truck company (and then ultimately reimburse people).

    • Trance N Dance on 29/01/2024 - 15:53
      +6

      It's more like AP should reimburse their customers then go sue whoever the liable party is for the accident to recoup the costs.

  • trapper on 29/01/2024 - 15:39
    +1

    I need to refund a customer $200 for their purchase. What am I to do? Cheers.

    You should refund them.

  • kiriakoz on 29/01/2024 - 15:54
    +1

    I’m sorry to hear about this incident, not only the fatalities but also the hassle you’re going through. Hope it gets resolved in your favour. As others have mentioned, the ombudsman can help (I haven’t used this one but I have had assistance with other ones which were helpful).

    Usually it just forces terrible organisations to get their ass into gear, which is all it takes.

    • GordonD on 29/01/2024 - 15:57
      +3

      to get their ass into gear

      They dress up a donkey?

      Oh, you mean their arse into gear.

  • GordonD on 29/01/2024 - 15:55
    +1

    Contact the trucking company.

    Tell them you want to claim it on their insurance.

    After all Australia Post wasn't responsible. Neither was the rail service carrying the package for Australia Post. It was the truck driver. If their insurer is still solvent after they pay out for repair/replacement of the other vehicle. A train.

    • johnno07 on 31/01/2024 - 00:04
      +3

      If you like being unceremoniously hung up on, this is great advice.

  • randomusername2017 on 29/01/2024 - 15:55
    -1

    Australian Postal Corporation Act 1989.

    Contract law doesn't really apply.

    If you can't manage to negotiate an extraordinary payment with auspost, only option is the postal services ombudsman.

    Probably need to refund the buyer in the meantime.

  • Wiadro on 29/01/2024 - 15:58

    damn

  • Cluster on 29/01/2024 - 16:02
    +1

    File a complaint with the Commonwealth Ombudsman and see if you can get a different outcome. Can be done online and it's pretty quick.

    In my experience, Australia Post have lost a few of my items (out of 1000+ sent). Getting compensation from them is like pulling teeth. They'll misread invoices. They'll demand evidence of the wholesale price of what was lost (WTF…), and quite often they'll just turn around and say no. So that's when you file a case with the Ombudsman. I have one case pending at the moment.

  • Dave Bowman on 29/01/2024 - 16:07
    +1

    Thanks all, I've submitted a case with the Ombudsman.

    • mskeggs on 29/01/2024 - 16:18
      +7

      Please post the outcome when it is decided.

      • Dave Bowman on 29/01/2024 - 16:27

        Will do, cheers

        • MS Paint on 29/01/2024 - 16:29
          +16

          But don't post it via rail. Cheers in advance.

    • KaTst3R on 29/01/2024 - 17:47
      +1

      I watched the youtube video you linked. Horrible horrible accident…

      • MS Paint on 29/01/2024 - 18:25

        But think of all the Gen Z's who can now get a mortgage with that many avocadoes removed from the open market.

    • Ocker on 29/01/2024 - 18:57
      -5

      So who are the clowns that gave this posts negs????

    • Empharand on 29/01/2024 - 19:42
      +16

      Pegaxs is absolutely fired up today!

      I didn't neg you so don't misdirect your anger towards me, and I'm not looking to have a drawn-out and lengthy back and forth here… HOWEVER I feel I need to add a different 'perspective' here.

      You're expecting OP (and likely hundreds, if not thousands of other affected customers) to go through the trucking company insurance, when in reality said trucking company insurance will just palm them off to Australia Post to make a claim. Chances are the trucking company insurance will wait for Australia Post to claim damages (including claims by their customers) and pay them in one claim, which will in-turn reimburse them for the compensation they were required to give to customers.

      Just because there were death(s) in this situation doesn't deflect any claims for reimbursement because 'Oh someone stuffed up, which resulted in deaths, and now thousands of paying-customers are not only without the item they initially sent, but the cost involved of said item (As they will be forced to refund or replace orders), oh well 'Shit happens' because in reality that's not how things work. You can't deflect the validity of OPs claim (and other people, including small and big businesses) because someone made a detrimental mistake.

      Not to have 'Main Character Syndrome' as that's not the intention here, but as I run a small business, if I had a bunch of consignments that were now unrecoverable as a result, and customers barking at me (and lets be realistic here, said customers don't give a toss, their prerogative is either 'Where is my item' or 'I want a refund'), and I was either required to replace or refund customers, you better believe I'm putting claim(s) through because at the end of the day why should I have to cop the financial inconvenience? I can't just write off original product value, and either the sending of a replacement (via a new consignment, which isn't free) OR a refund (Initial product value + earnings from that sale = Gone) just because of a 'Whoopsie, oh well, shit happens I guess?' as many small businesses (including mine) rely on those funds to keep the inner workings of the small business running, keep people employed etc.

      Please don't misconstrue what I'm saying here, I absolutely feel for the families of those affected and my condolences go out to them, but lets be realistic here…We don't live in some fabled world.

      As far as I'm concerned, OP and others affected have a valid claim. Lets not try to deflect the validity of their claim just because people died, that's not how that works, people don't write off business related funds because 'Shit happens'

      • Clear on 30/01/2024 - 09:43
        +10

        If we take his advice any sort of insurance claim for anything that had someone died shouldn't be done. Bushfire caused by arson burned down your house? Forget claiming that one.

    • photonbuddy on 30/01/2024 - 15:32
      +7

      Contact the trucking company and write them a letter of demand for your missing property.

      This is what AustPost should be doing. Making a claim for whatever their losses are.

      Two train drivers died in this crash(youtube.com) and you are worried about refunding a $200 eBay item.

      So … at what point is OP allowed to be worried? $1000? $10,000?, $100,000?

      Sure, it's horrible that lives were lost, but expecting a load of people to just take a hit because someone they don't know was killed is idiotic.

    • umoddbro on 31/01/2024 - 07:26

      Begs the question what is a 75 year old doing behind a truck in the first place…..

    • Cluster on 31/01/2024 - 14:41
      +1

      Yes, it's sad that people died in the crash. No, that does not change the fact that the OP can, and should, get compensation for the parcel destroyed in the crash.

      If your car burned down in a bushfire that also killed a dozen people, would you walk away from claiming insurance because someone died in the related event? You wouldn't put your financial well being above those 12 people killed, would you?

      At what threshold would you say 'no, I will claim on insurance anyway'?

  • jonkvh on 30/01/2024 - 09:45

    Think the Ombudsman takes about 3 months to resolve stuff.

    • Empharand on 30/01/2024 - 12:37
      +3

      Having the matter resolved and being reimbursed in 3 months is arguably better than being reimbursed never.

      • jonkvh on 30/01/2024 - 14:08

        Fair point.

  • Monty01 on 30/01/2024 - 11:07

    Put in a claim to eBay.
    You have proof of posting and there is no other insurance covering it they should pay out on their eBay seller protection.
    ie https://www.ebay.com.au/help/policies/selling-policies/selle…

    For orders up to $750, additional protections apply if you used a protected integrated carrier. If you uploaded tracking and there was at least one carrier scan before the latest estimated delivery date:

    We'll automatically respond to the buyer's report
    You won't be responsible for refunding the buyer

    • Dave Bowman on 30/01/2024 - 11:37
      +1

      Thanks, I did contact eBay regarding the rail incident (as instructed by Auspost, as they said they were aware of it), but eBay had no idea what I was talking about and said there's nothing they can do. I've now refunded the buyer. It was outside the 30 days return policy, but they were aware of the delays and I'd be an ass not to refund.

      • cynical17 on 30/01/2024 - 11:58
        +1

        Ebay had no idea because most of the customer support is coming from overseas. Might be worth trying to talk to their supervisor/manager or escalating it. Sorry but that really sucks for you.

  • Monty01 on 30/01/2024 - 12:04

    One of the things that you pay all the fees for is the seller protection so the correct way to do it would have been to get the buyer to do an INR claim and as long as your item had been scanned before the crash eBay would have refunded the buyer with no out of pocket cost to you!
    May still be possible to claim depending on how the refund was done but you would need to trust the buyer to pay you back the original refund if they got the eBay one.

    • Dave Bowman on 30/01/2024 - 12:08

      Cheers, the biggest issue is it was outside the 30 day return window, so don't think the buyer protection applies in that case. Maybe I'm a dumb ass for not pursuing it further, but it's done now.

    • Cluster on 30/01/2024 - 15:27
      +1

      Australia Post lost one of my items and refused to pay compensation on a technicality. Item was scanned in. Buyer claimed Item Not Received, eBay refunded the buyer, and took the $350 out of my credit card. I have a top rating on eBay, 100%, and over 1000 positive.

      https://www.ebay.com.au/help/policies/selling-policies/selle…

      It does not say eBay seller protections cover loss of item by the postal system.

  • Monty01 on 30/01/2024 - 12:15
    +2

    We have been selling full time on eBay for 20 years and always get buyer to lodge the INR if there is an issue with delivery.
    After that we refund if we can get Aust Post to pay up or if not hand ball it to eBay and normally works.

    • runamuck on 30/01/2024 - 13:21
      +2

      Why would eBay pay up? It's not eBay's fault that the item is lost. eBay seller protection does not cover for lost parcel if the parcel is not marked as delivered.

  • THL on 30/01/2024 - 16:35
    +4

    Extra Cover payment or compensation is not available for loss or damage to any items you’ve sent with us where damage was not caused or contributed to by Australia Post.

    This just seems like a ridiculous clause to put in the T&C's. This is literally what people pay extra cover (i.e. insurance) for - to cover for any incidents that might results in the loss of their parcels due to whatever reasons.

    This is what's shown on AustPost website:

    If you’d like extra peace of mind when sending an item, you can add Extra Cover.1 It provides loss or damage cover up to the specified value of your item (from $100 up to $5,000) while it’s being carried by Australia Post.

    Anyone who send parcels with AustPost would reasonably expect the parcels are being handled by them only - not any third parties. If AustPost decided to use third parties to deliver parcels and accident happened, then it's up to AustPost to recover that loss. Customers shouldn't have to bear that loss.

    Refunding the $10.60 postage fee is literally a bandage fix and seems pretty low IMO.

    • Cluster on 30/01/2024 - 18:10
      +1

      It's a way for corporations to weasel their way out of commitments to customers. What's next? Australia Post uses contractors to deliver parcels to customers. Would they deny compensation because a contractor and not employee lost the package? Or Qantas lost the package therefore sorry, no compensation for you because technically it wasn't AP?

      • jason101 on 31/01/2024 - 11:37

        Singapore Airlines lost my bag a few months ago.

        Apparently not something I can take up with them - not even something that can be discussed with them, as they outsource baggage handling at Melbourne Airport to XZY so its not their problem, but a problem between myself and their contractor.

        Yes really……

    • Jstrrrr on 30/01/2024 - 20:32
      +1

      We are so used to "no questions asked" refunds from stores and the like, we forget companies don't have to do "the right thing". They only placate for publicity on the surface but are adversarial to the consumer at the core. They bank on the consumer not challenging them. That's why authorities like ACCC are so important (caught Qantas out on behalf of consumers).

  • zerog101 on 30/01/2024 - 18:15
    +1

    Same has happened to me. Auspost will not compensate and ebay will not compensate. Value of item $240. Auspost are crooks.
    If my package will be given to a 3rd party why isnt this told to me when i lodge the package. also How do i get compensation from the 3rd party ? They dont even tell you who the 3rd party was…. also they dont provide me any evidence it was even on the train !!!

    They just say lost, not our fault have a nice day.

  • Jstrrrr on 30/01/2024 - 20:11
    1. Auspost stating this is outside of their control doesn't mean it is.
    2. Auspost doesn't need to be "fair" to you. They can do what they choose to do, right or wrong.
    3. You can take them to VCAT at small cost. No lawyer required.
    4. The trucking company isn't liable to you even if they were at fault in the accident. They compensate the train company, which compensates Auspost, which compensates you or the buyer.
    5. Before you do anything, check eBay's T&Cs - is the item at the risk of the seller until delivered or at the risk of the buyer once paid and sent?
    6. The buyer's credit card insurance might cover this, if the insurer decides this item already belonged to the buyer.
    • zerog101 on 30/01/2024 - 20:15

      Not in Victoria. EBay make you refund buyer.

    • Cluster on 30/01/2024 - 23:16

      AP doesn't need to be "fair", doesn't mean they are right either. Take up the case with the Commonwealth Ombudsman and see if you get any joy. Life isn't always fair, but if you have insurance for a package and it gets destroyed, surely it should be covered. Anything else is a billion dollar corporation weaseling its way out of its responsibilities by pointing out non existent technicalities.

      And don't get me with the 'Act of God' nonsense that corporations love to bring up. Firstly, prove to me the deity of your choice caused the accident, and secondly, why are corporations becoming super religious, but only when it suits them?

  • DingoBlue on 30/01/2024 - 21:10

    Have they clarified what they mean by “can’t be recovered”?

    I suspect that they don’t know with absolute certainty where it is. Thus they have lost it. But are blaming the train.

  • Brick50 on 30/01/2024 - 22:16

    Anyone know where they auction off these lost parcels?

  • Kranbone on 31/01/2024 - 02:45
    +2

    Can you keep us posted on how you go?

    I hope you are fairly compensated.

  • haemolysis on 31/01/2024 - 02:48
    +1

    I don’t really consider that AP is at fault, it’s a force majeure kind of thing.

    That said.. force majeure is exactly what insurance should cover. Having a clause that says “we only pay out if we are at fault” is an absurd perversion of insurance.

    They ought to always be liable for their own incompetence. That’s their normal scope of responsibility. The insurance should be there to cover extras. Like, say, a train accident.

    Smells of invalid contractual terms to me.

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