On the qualified negligence of the carrier in the case of theft from a truck parked overnight at an Italian rest stop; the validity of a general terms and conditions clause according to which the driver may only drive to guarded parking lots

The Munich Higher Regional Court ruled that a general terms and conditions clause requiring the driver to use only guarded parking lots is invalid if the driver was not informed of this before the contract was concluded. The carrier is only liable if it is aware of an increased risk of theft or if security measures are inadequate. Qualifying negligence does not exist if the carrier chooses suitable rest areas.

On the qualified negligence of the carrier in the case of theft from a truck parked overnight at an Italian rest stop; the validity of a general terms and conditions clause according to which the driver may only drive to guarded parking lots To the article »