Your shipment is delayed, lost or the mover disappears

Key rules

• Delay compensation: For late road delivery, compensation is capped at the carriage charges.
• Treating goods as lost: You can treat goods as lost 30 days after the agreed time, or 60 days after pickup if no time was agreed.
• Destination charges: Goods can be held only for charges due under your contract; you can dispute extras and pay under protest.
• Mover disappears: Find the goods first, then call your insurer and pay lawful release charges before claiming them back in the insolvency.
• Sea shipments: Without cargo insurance, you may have to pay your general average share before your container is released.

Start by finding your goods

Most "lost" shipments are not lost. They are sitting in a port, airport or warehouse. Use the waybill, container or tracking number to find out where they are. Then ask the destination agent in Spain for the exact status, in writing.

Customs hold or carrier problem?

A customs hold usually shows in tracking as customs clearance, held by customs, documents required, or inspection. Your goods are then at a port, airport or customs warehouse in Spain. A carrier problem looks different: no movement, missing scans, the wrong location or a rescheduled delivery.

Customs holds are often caused by missing papers. Send the inventory, a passport copy and your residence or change-of-residence exemption paperwork quickly, especially if you move from outside the EU.

Contact people in this order:

1. The destination agent or customs broker, who knows which documents are needed.
2. Your mover at the origin.
3. The carrier or shipping line.
4. Your insurer, if loss looks likely.

Statuses vary between carriers, so ask for written confirmation.

Your rights if the shipment is late

For international road transport to Spain, the carrier is liable for delay beyond the agreed delivery time. If no time was agreed, it is liable for delay beyond a reasonable time. Compensation for delay is capped at the carriage charges, so it will not cover your wider costs.

You can treat the goods as lost if they have not arrived 30 days after the agreed time. If no time was agreed, the limit is 60 days after the carrier took them over. Send the carrier written notice of the late delivery.

Air shipments follow their own convention, which covers delay damage. Sea shipments are also covered for delay, but in practice the carrier's liability is limited to the freight. Your contract sets the exact limits.

If the mover disappears or goes insolvent

1. Locate the goods and contact the carrier, shipping line or destination agent. One of them may be holding your goods.
2. Contact your transit insurer. Some policies cover loss, and a few cover the mover's insolvency.
3. Ask whether your mover belongs to a trade association, such as FIDI-FAIM or BAR. These can offer insured guarantees or help find a replacement mover.
4. Pay any lawful charges to the carrier or agent to release the goods. Then claim that money back in the insolvency.
5. File your claim with the insolvency administrator. Consider a lawyer for a court order to recover the goods.
6. Report suspected fraud to the police and consumer authorities.

If you paid by credit card, ask your card issuer about a chargeback.

Can the agent in Spain keep your goods?

Yes, but only for charges that are due. A Spanish carrier or agent can generally hold goods for unpaid charges owed under the contract. Lawful charges are those in your contract or quote that were genuinely incurred. Examples are freight, storage, demurrage, customs clearance, handling, and duty or VAT paid on your behalf. Which charges are due depends on the contract and the shipping terms.

Extras that were not in your contract can be disputed. Dispute them in writing. You can then pay the disputed amount under protest to get your goods released. Complaints can go to the carrier, consumer bodies or the courts.

Container lost at sea or general average

All-risk marine cargo insurance normally pays for the total loss of a container lost at sea, up to the insured value in your policy.

General average is a sea rule: cargo owners share the sacrifices and costs made to save the voyage. You will be asked for a security, an average bond and guarantee, before your goods are released. A marine policy normally covers your share, and the insurer issues the guarantee. Without insurance, you must pay the contribution yourself or the goods can be held.

Check that your policy covers total loss and general average, and check the declared value.

The checklist, timeline and documents below help you act on each step.

Choosing between options

Is your delay a customs hold or a carrier problem, and who do you contact first?

• Customs hold: Tracking says customs clearance, held by customs, documents required or inspection, and the goods are at a port, airport or customs warehouse in Spain. Contact the destination agent or customs broker and send any missing documents quickly.

• Carrier problem: Tracking shows no movement, missing scans, the wrong location or a rescheduled delivery. Ask the destination agent for the exact status, then contact your origin mover, then the carrier or shipping line.

• Loss is likely: The goods cannot be found, or the mover has failed and nobody holds them. Contact your insurer once the earlier contacts bring no answer.

Start with the destination agent or customs broker, because they know the documents needed. Then go to the origin mover, then the carrier or shipping line, and last the insurer if loss is likely.

Timeline and deadlines

• The carrier is liable for delay beyond the agreed delivery time: as soon as the agreed delivery time passes

• The carrier is liable for delay beyond a reasonable time when no delivery time was agreed: once a reasonable time has passed since the carrier took the goods

• Give written notice of the late road delivery: within 21 days of the goods being placed at your disposal

• You may treat the goods as lost when a delivery time was agreed: 30 days after the agreed delivery time

• You may treat the goods as lost when no delivery time was agreed: 60 days after the carrier took the goods over

Documents you need

• Your moving contract or quote, which shows which destination charges you agreed to and lets you dispute extras that were not in it.

• Your transit or marine cargo insurance policy, showing the declared value and that it covers total loss and general average.

• The average bond and guarantee, if general average is declared on your sea shipment. Your insurer issues the guarantee.

• The inventory of your goods, which customs often asks for when it holds a shipment.

• A copy of your passport, which the destination agent or customs broker may need to clear the goods.

• Your residence or change-of-residence exemption paperwork, especially when you move from outside the EU.

Checklist

• Find your goods using the waybill, container or tracking number.

• Contact your transit insurer, since policies may cover loss and sometimes insolvency.

• Ask your card provider for a chargeback if you paid the mover by credit card.

What to watch out for

• Your mover disappears with goods in transit: If your mover becomes insolvent or vanishes, your goods may still be with the carrier, shipping line or destination agent, and they can be hard to trace. Trace the goods with the waybill, container or tracking number, and contact the carrier, shipping line or destination agent. Then tell your insurer.

• Goods held for unpaid destination charges: A carrier or agent in Spain can keep your goods until charges due under the contract are paid, so a dispute can leave your belongings in a warehouse. Pay the charges in your contract or quote. Dispute unexpected extras in writing and pay the disputed amount under protest to get the goods released.

• General average on an uninsured container: If general average is declared, you must give a security before the goods are released. Without insurance, you pay the contribution or the goods may be held. Check before shipping that your marine policy covers general average, and ask your insurer to issue the guarantee.

• Container lost at sea: All-risk marine insurance normally pays a total loss only up to the insured value in the policy, so a low declared value leaves you short. Check the declared value on your policy and tell your insurer straight away if a loss is likely.

Frequently asked questions

Can the agent in Spain keep my goods until I pay destination charges?

Yes, a carrier or agent in Spain can generally keep your goods until unpaid charges that are due under the contract are paid. This right of retention covers charges agreed in the contract or quote and legitimately incurred. If you dispute part of the bill, you can pay that amount under protest to get the goods released.

Which destination charges are lawful?

Lawful charges are the ones in your contract or quote that were legitimately incurred, such as freight, storage, demurrage, customs clearance, handling, and duty or VAT paid for you. Demurrage means a fee for keeping a container beyond the free time. Extras that were never in the contract can be disputed in writing.

How much compensation can I get if a road shipment arrives late?

For international road transport, compensation for delay is capped at the carriage charges, so it is not the value of your goods. The carrier is liable if delivery comes after the agreed time, or after a reasonable time if none was agreed. If the goods never arrive, the claim is for loss, which is a different claim.

What happens if general average is declared on my sea container?

General average means all cargo owners share the cost of saving the voyage, and you will be asked for an average bond and a guarantee before your goods are released.