Damaged or Lost Shipment with a Courier in Kuwait: Who Compensates You and How to Claim

The parcel finally arrives after weeks of waiting. You open the box and find a cracked screen, shattered glass or half the items missing. Or it never arrives at all: the tracking page says "delivered" to someone you have never heard of, or the updates simply stop at "in transit" and go quiet. As online shopping from abroad grows and the number of couriers and delivery services in Kuwait multiplies, this has become one of the most common everyday disputes. And the customer service reply is usually one of three: "our liability is limited under our terms", "please contact the seller", or "the shipment was damaged at customs, not with us". You end up being sent back and forth between three parties, each pointing at the others.

This article deals with one specific angle: your relationship with the courier or carrier when a shipment is damaged, lost or late. It does not repeat the buyer's rights against an online store for non-delivery or non-conforming goods, which we covered in detail in Buying Online in Kuwait: Non-Delivery, Non-Conforming Goods and How to Get Your Money Back. Nor does it cover the carriage of goods by sea between traders, bills of lading and marine insurance, which we discussed in Kuwaiti Maritime Law: Carriage by Sea and Marine Insurance. Here we answer practical questions: Is the courier always liable? When is it excused? Can it cap your compensation at a trivial figure? What if the goods were damaged during customs clearance? And how do you prove your claim and pursue it?

One caveat up front. The precise answer in any case depends on the type of carriage (domestic or international; road, air or sea), on who actually contracted with the courier (you, the store, or a foreign seller), on what the waybill and service terms say, and on how you took delivery and what you noted at that moment. This article sets out the general rules and a practical method. Characterising the actual facts and assessing the compensation remain matters for the competent judge after reviewing the documents.

The Short Answer

The contract between a shipper and a courier is, as a starting point, a contract of carriage. Under it the carrier undertakes to deliver the goods to the consignee intact and on time, meaning by the agreed date or within a reasonable period. In the prevailing legal understanding this is an obligation to achieve a result, not merely to use reasonable care. If the goods are lost, damaged or short-delivered while in the carrier's custody, the carrier is presumed liable. It is not enough for it to say "we did our best". It must prove an external cause that relieves it, such as force majeure, an inherent defect in the goods, or the shipper's own fault, for example inadequate packing or a false description of the contents.

The "limitation of liability" clauses printed on waybills or buried in website terms do not have unlimited effect. The general approach in carriage rules is that a clause excusing the carrier entirely from liability for loss or damage is not given effect, that a clause capping the amount of compensation is subject to conditions, and that such a cap usually does not protect a carrier guilty of fraud or gross fault. Declaring the true value of the shipment and insuring it make a major difference to how much you can recover.

The route to a remedy always starts with documenting everything at the moment of delivery: photographs, a written reservation, or refusing delivery if the damage is visible. Then give the courier prompt written notice within the short window set by its terms or by law. If you are a consumer, you can then complain to the Consumer Protection Department at the Ministry of Commerce and Industry, and if the matter is not settled, file a lawsuit. Running alongside this, you may have a separate claim against the store that sold you the goods and arranged the shipping, and a third against the insurer if the shipment was insured.

The Legal Framework

The rules governing damaged and lost shipments in Kuwait are spread across several pieces of legislation, each playing a different role. It helps to know which one governs your situation:

• The Commercial Law No. 68 of 1980: the main source for the contract of carriage in Kuwait. Among the commercial contracts it regulates, it sets out the rules on the carriage of goods: the carrier's duties to receive, safeguard and deliver; its liability for loss, damage and delay; the grounds on which it is excused; the treatment of exclusion and limitation clauses; the effect of accepting goods without reservation; and the short limitation period for claims arising from carriage. It also regulates the forwarding agent (commission agent for carriage), a description that often fits intermediary shipping companies. We explained the general rules of this contract in The Contract of Carriage in Kuwaiti Law: Goods, Passengers and Carrier Liability.
• The Civil Code No. 67 of 1980: governs the general rules of contractual and tortious liability, the measure of damages for direct and foreseeable loss, and the law of sale, including who bears the risk of loss before delivery. That last point is decisive in working out whether a loss in transit falls on the seller or the buyer.
• The Consumer Protection Law No. 39 of 2014: gives consumers rights against suppliers, whether they sell goods or provide services, including the right to receive the service at the advertised standard, the right to accurate information, and the right to complain and be compensated. It also creates an administrative complaints channel at the Ministry of Commerce and Industry. A courier or delivery service offered to individuals is, in principle, a service whose provider falls within this law. For more, see Kuwait's Consumer Protection Law: A Complete Guide to Your Rights.
• The Electronic Transactions Law No. 20 of 2014: gives legal evidential value, when its conditions are met, to electronic messages and records such as emails, tracking notifications and chat logs with customer service. This matters because almost every interaction with a courier now happens online.
• The Law of Evidence in Civil and Commercial Matters No. 39 of 1980: sets out who bears the burden of proof and how facts may be proved, including freedom of proof in commercial matters, presumptions, inspections and the appointment of experts to assess the damage and the value of the goods.
• The Insurance Regulation Law No. 125 of 2019: regulates insurers and their supervision. It becomes relevant where the shipment is insured, whether under a stand-alone policy or through the "extra protection" option a courier sells on behalf of an insurer.
• The Law No. 5 of 1961 on Legal Relations with a Foreign Element: determines the applicable law where the contract of carriage is international or was concluded with a foreign company. On top of this, international conventions on carriage by air, sea or road may apply where they are in force in Kuwait and cover the journey in question.
• The Civil and Commercial Procedure Law No. 38 of 1980: governs how proceedings are filed, which court has jurisdiction, and urgent evidential measures such as a court-ordered inspection of the goods.
• Customs legislation: governs the status of goods while under customs control, inspection and clearance procedures, and the role of the customs broker. We outlined it in Kuwaiti Customs Law: Duties, Exemptions and Dispute Resolution.

International carriage, particularly by air and sea, may be governed by international conventions with their own rules on liability caps, notice periods and time limits for bringing a claim, which can differ from domestic rules. Working out which regime applies to a cross-border parcel is a technical exercise that requires looking at the air waybill or bill of lading and the actual route. A lawyer should do this before any claim is filed.

The Substantive Rules

1. Who is the carrier, and who is the shipper?

The first question a lawyer asks is not "what was damaged?" but "who contracted with whom?". You may be the shipper yourself, for example sending a parcel to a relative through a local courier, or hiring a removals company to move your furniture. In that case you are a direct party to the contract of carriage and can claim against the carrier directly. Or you may be the consignee, for example when you buy from a store that ships the goods to you. Then the store is the shipper that contracted with the courier, and you are the beneficiary of the carriage. The approach in carriage law is that the consignee has a direct right against the carrier to demand delivery and to claim for loss and damage, alongside the buyer's rights against the seller under the contract of sale. The arrangement may also be layered: a foreign store hands the parcel to an international courier, which passes it to a local last-mile delivery company in Kuwait; or a "virtual address" service receives your purchases abroad and reships them to you.

Each link in that chain may be a carrier in the legal sense, a forwarding agent, or a mere intermediary, and the distinction matters. A forwarding agent that undertakes in its own name to get the goods delivered is, in principle, answerable for their safe arrival and for the acts of the carriers it chose. An intermediary that only puts the customer in touch with a carrier may be in a different position. For more on the different roles in the shipping chain, see Carriage, Shipping and Customs Clearance Contracts in Kuwait.

2. The carrier's obligation of result

The carrier must take charge of the goods, look after them in transit, deliver them at the agreed place and time, and hand them to the person entitled to receive them. Its responsibility generally runs from the moment it receives the goods from the shipper until actual delivery to the consignee or the consignee's representative. Because this is an obligation of result, it is enough to show that the goods were handed over in good condition and then either did not arrive or arrived damaged or incomplete. The claimant does not need to identify a specific fault such as a dropped box or poor storage.

In practice, the breach takes several forms:

• Total loss: the shipment disappears entirely, is stolen from the carrier's warehouse or the driver's van, or is handed to someone not entitled to it without any identity check.
• Partial loss or shortage: the box arrives opened, lighter than when it was shipped, or with items missing.
• Damage: broken electronics, heat-sensitive goods spoiled by unsuitable storage, furniture damaged during loading and unloading.
• Delay: the goods arrive after the agreed date or after a reasonable period, causing loss such as a missed occasion, expired perishables or a lost deal.

"Delivered without signature" or "left at the door" cases, where tracking shows delivery but the consignee denies receiving anything, are among the most delicate in practice. As a starting point, the burden of proving proper delivery lies on the carrier, because delivery is what it owes, and an entry in its own internal system is not conclusive proof on its own. The customer may share responsibility, however, if he expressly opted for contactless delivery or supplied an inaccurate address. The judge weighs the evidence: the photo the driver usually takes, GPS records, the building guard or neighbours, and any other circumstantial indicators.

3. Grounds on which the carrier is excused

The carrier escapes liability only by proving an external cause for which it is not responsible. The main ones in practice are:

• Force majeure or an unforeseeable event: something that could not be foreseen and could not be prevented, such as an exceptional natural disaster or certain major public events. Courts are strict here. Ordinary road accidents, theft from an unguarded warehouse, vehicle breakdowns and seasonal backlogs are generally not force majeure, because they are foreseeable risks of the transport business that a carrier can guard against.
• Inherent defect in the goods: where the goods by their nature are perishable, liable to evaporate, or fragile beyond the normal risks of carriage, or had a defect before they were shipped. The carrier has to prove that the damage stems from the nature of the goods rather than from mishandling, which often calls for expert evidence.
• Fault of the shipper or consignee: most commonly inadequate packing or packing unsuited to the goods, such as glassware sent in a plastic bag with no padding; an incorrect description of the contents, their nature or value; concealing that the item is fragile; or the consignee delaying collection after being notified. Where the shipper's fault is only partial, the loss may be apportioned between the parties according to each one's share.

Packing done by the shipper must be distinguished from packing done by the carrier as a paid service. If the courier packed or repacked the goods, it cannot then blame poor packing. Likewise, if the packing defect was obvious when the carrier accepted the parcel and it raised no objection, that may weaken its defence, although this is a matter of judgement that depends on the circumstances and is ultimately for the court.

4. Limitation clauses in the waybill

Most waybills and courier terms contain a clause capping compensation, calculated by weight, by reference to the shipping charge, or as a fixed sum, unless the customer declares a higher value and pays an extra fee or buys insurance. These clauses are assessed in light of several considerations:

• A total exclusion is generally not accepted: the general approach in carriage rules is that a clause relieving the carrier entirely of liability for loss or damage is void, because it empties the carrier's core obligation of any content.
• A cap may be accepted within limits: a clause limiting the amount of compensation may be upheld if it is in writing, clear and known to the shipper, and if the capped amount is not so trivial that it amounts to a disguised exclusion. Whether a particular clause meets these conditions is for the judge.
• No protection for fraud or gross fault: under the settled general rules, exclusion and limitation clauses do not shield a party where it or its employees acted fraudulently or with gross fault, such as staff stealing the goods, grossly negligent storage, or knowingly handing the parcel to the wrong person.
• Actual knowledge of the clause: a question often arises whether the customer actually knew about the clause, for instance where it was printed in small type on the back of a receipt he never received, or sat behind a link on a website he was never asked to accept. This turns on the circumstances of contracting, and the trial judge decides whether the clause became part of the contract.
• Consumer protection: where the customer is a consumer, terms that strip away basic rights or lighten the supplier's obligations in an unbalanced way may be open to challenge under the Consumer Protection Law. There is room for differing views here: some consider the special carriage rules to prevail, while others see consumer protection as adding safeguards that sit alongside them. The point has not been settled by a single rule and remains for the court in each case.

5. Declared value and cargo insurance

Many couriers let you declare the true value of the contents for an extra charge, or buy insurance on the shipment. The practical difference is this:

• Declaring the value raises the ceiling on the carrier's own liability to the declared amount. Your claim is still against the carrier, just with a higher cap, and you still have to prove your actual loss up to that value.
• Insurance creates a relationship with an insurer, which pays out under the policy terms, often regardless of whether the carrier was at fault, and is then subrogated to your rights to recover what it paid from the responsible carrier. Policies differ in their exclusions, such as glass breakage, liquids or certain categories of goods, so read them carefully.

Conversely, declaring a value higher than the real one, or misdescribing the contents, can backfire: the carrier or insurer may rely on it, and the shipper may face liability. Declaring a low value for customs purposes and then claiming the full value when the goods are damaged also puts the claimant in an awkward position with both the carrier and customs.

6. International shipping and customs clearance

When an international shipment arrives in Kuwait, it passes through a stage where control is partly in the hands of the customs authorities. It may be opened for inspection, held in licensed warehouses, or cleared by a customs broker appointed by the carrier or the customer. If damage is discovered after this stage, who is responsible?

The general rule is that the carrier's liability continues for as long as the goods are in its actual custody or in the custody of those it uses to perform the carriage, such as the broker it chose or the warehouse operator it contracted with. Where the carrier offers door-to-door service including clearance, a claim that "the damage happened at customs" does not automatically excuse it. It must show that the damage resulted from an act of the public authority itself that can be treated as an external cause, and not from poor storage or repacking by the carrier or its subcontractors. Where the customer handles clearance personally or through a broker he chose, the handover from carrier to broker may be the dividing line for allocating liability, and proof of the parcel's condition at each handover becomes decisive. Any liability of the government body for the acts of its staff during inspection is a separate question governed by the rules of administrative liability, which may be raised before the Administrative Circuit within its jurisdiction, and the outcome depends on the facts. For clearance procedures, see Kuwaiti Customs Law: Tariffs, Clearance Procedures and Customs Disputes.

Confiscation or detention of goods because they are prohibited or restricted, or because the required approvals were not obtained, is not "loss" in the legal sense. The carrier is not normally answerable for it unless it breached a duty to inform or ignored agreed instructions. The proper route there is the customs objection procedure, not a damages claim against the carrier.

7. The intermediary: the online store and the local delivery company

When you buy online, you usually have two parallel options: a claim against the seller under the contract of sale, and a claim against the carrier under the contract of carriage. The general rule in sale is that the seller must deliver the goods and, in principle, bears the risk of their loss before delivery. But pinning down the moment of "delivery" in a sale involving shipping depends on the agreement. If the seller undertook to bring the goods to the buyer's address, delivery is generally not complete until they arrive, so loss in transit remains the seller's risk and the seller can in turn claim against the courier. If the buyer chose and contracted with the courier himself, or the contract provides that delivery occurs on handover to the carrier, the answer may be different. That is why, in many cases, the easiest practical step is to go after the store first, as explained in our article on buying online mentioned above and in Consumer Protection and E-Commerce in Kuwait.

A local delivery company that takes over from an international courier for the last mile, or a driver working through a delivery app, is answerable for the period during which it held the parcel. Under the original contract of carriage it is treated as an auxiliary of the international carrier, which remains liable to the shipper for its acts, without ruling out a direct claim against the local company in some cases. On the legal status of app drivers and platform liability, see Ride-Hailing and Delivery Apps in Kuwait: Driver Status, Licensing and Liability.

8. What compensation covers

In contractual liability, compensation generally covers direct loss that was foreseeable when the contract was made, meaning the loss suffered and the gain missed within that limit, unless there was fraud or gross fault, in which case it extends to unforeseeable loss. In carriage, compensation for total loss is usually measured by the value of the goods at the place and time they should have arrived; for damage, by the reduction in value or the cost of repair; and the claimant gets back the freight paid for the lost portion. Consequential losses, such as a lost commercial deal or a missed occasion, are harder to prove, are subject to the limitation clauses and the foreseeability rule, and are assessed by the judge.

Non-financial harm also comes up, for example items of sentimental value or personal documents that are hard to replace. Views differ depending on the nature of the shipment and whether the carrier knew of its special value. The trial judge decides, and a prior declaration of the nature of the contents may influence the outcome.

9. Accepting delivery without reservation, and notice periods

One of the most damaging mistakes claimants make is accepting the parcel without any reservation. The approach in carriage rules is that when the consignee takes the goods without reservation and pays the freight, this may extinguish the claim against the carrier for apparent damage or shortage, or at least create a presumption that the goods arrived intact. The usual exception is concealed damage that could not be detected on delivery, provided the carrier is notified within a very short period after delivery. Nor can the carrier rely on this bar if it or its staff concealed the damage fraudulently or acted with gross fault.

So the golden rule is: do not sign "received in good condition" before you have checked the parcel. If the packaging is torn, wet or crushed, write that on the delivery receipt or ask the driver to record it, or refuse delivery. If you discover damage after opening the box, notify the company in writing immediately, the same day if you can. The notice periods set by law, international conventions or courier terms are short and vary by type of carriage, so do not assume you can "follow up later".

Claims arising from a contract of carriage are also, in principle, subject to a limitation period that is relatively short compared with the general rules. Delaying, or spending a long time going back and forth with customer service, can extinguish the right altogether. Taking legal advice early to pin down the period that applies to your case is important.

Principles of the Court of Cassation

The Court of Cassation has consistently held a number of principles on the contract of carriage and contractual liability generally that bear on this topic. We present them in general terms:

• The Court of Cassation has consistently held that the carrier's obligation is one of result, namely delivering the goods intact to the consignee, that liability arises once it is shown that this result was not achieved, and that only proof of an external cause relieves the carrier.
• It has held that whether an event amounts to force majeure is a question of fact for the trial judge, provided the decision rests on sound reasoning, and that the event must be unforeseeable and impossible to prevent.
• It has held that an agreed exclusion or reduction of contractual liability does not extend to fraud or gross fault, gross fault being the kind of fault that even the least careful person would not commit.
• It has held that interpreting contracts and terms and identifying the parties' common intention lies within the trial judge's discretion, so long as the interpretation is one the wording can bear, and that in contracts of adhesion doubt is, as a rule, resolved in favour of the adhering party.
• It has held that assessing compensation and its components is a question of fact for the trial judge, who must identify the heads of loss taken into account.
• It has held that the court may appoint experts on technical matters, such as the cause of damage and the value of goods, and that the expert's opinion is one element of evidence subject to the court's assessment.

A note on method: we have deliberately not cited case numbers or dates of judgments in this article, because accurate citation of a ruling requires reference to its full text and facts. These principles are presented here in their settled general form. When drafting a statement of claim or a legal memorandum, the lawyer returns to the judgments themselves and documents them as the facts of the case require.

Practical Steps and Documents

Step one: at the moment of delivery

• Inspect the outside of the parcel in front of the driver before signing: is it torn, wet, dented, or resealed with different tape?
• Photograph the parcel from every side, together with the shipping label and tracking number, before opening it. Ideally, record one continuous video of the unboxing from start to finish.
• If the damage is visible, write your reservation on the delivery receipt or the driver's device, or refuse delivery and ask for the reason to be recorded.
• Keep the box and the packing materials. They show whether the packing was adequate, and the insurer or an expert may ask for them.

Step two: immediate written notice

• Send written notice to the courier through its official email or claims form, not just a phone call.
• State the shipment number, delivery date, description of the damage or shortage, the value of the contents, and exactly what you want (compensation, repair, replacement, refund of the shipping charge).
• Attach the photos, the video and the purchase invoice.
• Keep a copy of the notice and proof that it was sent, and get a claim reference number.
• If you bought through a store, notify the store at the same time. It may resolve the matter faster and has more leverage over the courier.

Step three: a consumer protection complaint

If the courier or store is a supplier dealing with you as a consumer and it stalls or refuses without good reason, you can file a complaint with the Consumer Protection Department at the Ministry of Commerce and Industry through its official channels. A complaint is often an effective administrative lever that pushes the supplier to settle, but it does not replace a lawsuit where you need a court to assess compensation, and it does not necessarily stop the limitation clock. The position is different where the dispute is between two businesses, for example a company shipping goods with a carrier as part of its trade. There, the route is litigation, or arbitration if there is an arbitration clause.

Step four: securing evidence and going to court

• For high-value shipments, or where the damage is disputed, you can apply for an urgent court inspection or the appointment of an expert before the evidence changes.
• The claim is filed before the competent court according to its value and nature, against the carrier and, as appropriate, the store, the local delivery company or the insurer.
• Where the carrier is a foreign company with an agent or branch in Kuwait, the lawyer identifies the correct party to serve, the competent court and the applicable law.
• Where there are signs that staff stole the shipment, a criminal complaint can be filed alongside the civil claim.

Documents you will need

• The waybill or shipping receipt, the tracking number and the full tracking history.
• The purchase invoice or other proof of the value of the contents, and proof of payment.
• The delivery receipt, with any reservation written on it.
• Photos and video of the parcel and the damage.
• All correspondence with the courier and the store, including chat transcripts and WhatsApp messages. We explained the evidential value of such messages in Electronic Messages and WhatsApp as Evidence in Kuwait.
• The insurance policy, or proof that you bought extra protection or declared the value.
• Customs clearance documents for international shipments.
• A technical report or repair estimate from a specialist, if available.

One last warning: if, while waiting for a parcel, you receive a text message asking you to pay "customs fees" or a "redelivery fee" through a link, check it carefully before paying. This is one of the most common parcel-related scams. We explained how to respond in Fake Bank Messages and Fraudulent Payment Links: Who Bears the Loss and What to Do.

Hypothetical Cases

Case one: a broken phone inside an undamaged-looking box

Sara bought a phone from a local store that delivers through a contracted courier. The box looked fine from the outside, so she signed for it. An hour later she opened it and found the screen cracked. She photographed the damage straight away and messaged both the store and the courier that same day. The damage was not visible on delivery and she gave notice promptly, so her right is in principle intact. Her simplest route is to ask the store for a replacement, since it undertook to deliver to her, and the store can then claim against the courier. The store may argue that the phone left intact and broke after delivery, in which case the video, the timing and the nature of the crack will be weighed, and a technical inspection may be needed. If the store stalls, she can complain to Consumer Protection.

Case two: furniture damaged in a house move because of poor packing

Khalid hired a removals company. He packed some glass pieces himself in ordinary bags, while the company packed everything else. On arrival, a glass table Khalid had packed was broken and a wardrobe the company had packed was scratched. The company may argue shipper's fault in packing as regards the table, a defence that may succeed in whole or in part depending on whether the packing really was inadequate and whether the company noticed and accepted the load without objection. As for the wardrobe, the company cannot blame packing that it did itself. Apportioning liability is for the judge, and it helps a great deal if Khalid photographed the furniture before the move.

Case three: an international parcel "lost at customs"

Fahad bought camera equipment from an overseas store, shipped by an international courier offering door-to-door delivery including clearance. Tracking stopped at "in customs clearance", and the courier then told him the parcel was "lost" and that compensation was limited to a low cap because he had not declared the value. The first question is who contracted with the carrier: usually the foreign store, so Fahad can claim against it under the terms of sale, and he also has a direct right as consignee. Second, can the carrier rely on the loss having occurred at customs? If the carrier handled clearance, it answers for its warehouse and broker unless it proves an external cause. Third, does the cap apply? That depends on the applicable law or international convention and on whether the loss resulted from fraud or gross fault. In practice, pursuing the store or the payment provider may be quicker.

Quick Comparison

• Visible damage on delivery: the key step is a written reservation or refusing delivery on the spot; accepting without reservation can seriously weaken your claim.
• Concealed damage found after opening: the claim survives in principle if you give written notice very promptly; proof rests on photos, video and timing.
• Total loss: the carrier is presumed liable and must prove proper delivery or an external cause; the fight is usually over the cap.
• Delay: compensable where it causes provable loss, subject to limitation clauses and the foreseeability rule.
• Buyer from a store: two parallel routes, against the store under the sale and against the carrier as consignee; the first is usually easier.
• Direct shipper: claims against the carrier under the contract of carriage and must prove the condition and value of the goods at handover.
• Insured shipment: claim against the insurer under the policy, which then steps into your shoes against the carrier.
• Damage during customs clearance: the carrier answers if clearance was part of its service; the deciding factor is who had actual custody.

Frequently Asked Questions

Is the courier always liable for damage?

Not always, but its liability is presumed once it is shown that the goods were handed over intact and did not arrive that way. It can only escape by proving an external cause such as force majeure, an inherent defect in the goods, or the shipper's own fault.

The courier's terms say it accepts no liability at all for breakage. Is that valid?

A clause that entirely excuses a carrier from its basic duty to deliver goods intact is generally not given effect under carriage rules. A clause capping compensation within certain limits, or excluding specific items that were not packed according to instructions, may be accepted. That is for the judge.

The courier offered me a token amount far below the value of the item. Should I accept?

Not before checking the shipping terms, whether you declared the value or bought insurance, and whether there is evidence of gross fault. Be careful: signing a "full and final settlement" may waive your right to claim the difference.

I signed for the parcel before opening it. Have I lost my rights?

Not necessarily. If the damage was concealed and not visible from the outside, your right generally survives, provided you notify the company in writing very soon after discovering it and keep the evidence. Visible damage that you did not note on delivery is much harder to prove later.

Should I claim against the store or the courier?

If you bought from a store that undertook to deliver to you, claiming against the store is usually easier, because delivery is its obligation and it can recover from the courier. You also have a direct right against the carrier as consignee. You cannot recover twice for the same loss.

The courier says the damage happened at customs. What now?

Ask for the clearance documents and proof of the parcel's condition when it entered and left customs. If the courier handles clearance as part of its service, that claim does not excuse it automatically; it must prove the damage came from an act for which neither it nor its subcontractors were responsible.

Do I need to insure my shipment?

It is not mandatory as a rule, but it protects you against the low caps in courier terms, especially for valuable items. Read the exclusions carefully; some policies exclude fragile items or liquids.

Tracking says "delivered" but I never received it. What can I do?

Notify the company in writing immediately and ask for proof of delivery: the driver's photo, signature, GPS location and the recipient's name. The burden of proving proper delivery is generally on the carrier, and if it handed the parcel to an unauthorised person without checking, it may be liable.

Can I claim compensation for delay?

Yes, where the delay caused provable loss, such as perishable goods spoiling or missing a specific occasion the courier knew about. This is subject to limitation clauses and the foreseeability rule, and the judge assesses it.

Is a complaint to the Ministry of Commerce worth it?

Often, yes. If you are a consumer and the courier or store is a supplier covered by the Consumer Protection Law, a complaint frequently pushes the supplier to settle. But it does not replace a lawsuit if settlement fails, and it should not make you lose sight of the limitation period.

How long do I have to sue?

Claims arising from a contract of carriage are generally subject to a relatively short limitation period, and international carriage may have different time limits depending on the applicable convention. Do not delay getting legal advice on the exact period in your case.

I sent a parcel to a relative abroad and it was lost. Who claims, me or them?

You are the shipper who contracted with the courier, so you can claim under the contract of carriage, and the consignee may also have a claim depending on the applicable law. What matters is that you do not both claim the same compensation, so coordinate between you.

Can I sue a foreign courier with no office in Kuwait?

It may be possible depending on the rules of international jurisdiction, where the contract was performed, and whether the courier has an agent or branch in Kuwait, but enforcing a judgment may be difficult. In that situation, pursuing the store, the local agent or your payment provider is often more effective in practice.

Conclusion

A damaged or lost shipment is not simply bad luck for the owner to absorb. It is a breach of a clear legal obligation on the carrier: to deliver the goods intact and on time. The law generally puts the burden on the carrier to prove its way out of liability, does not let it excuse itself entirely through a clause printed on the back of a receipt, and does not let a liability cap protect it where it acted fraudulently or with gross fault.

In practice, though, that protection depends on what the claimant does in the first few hours: checking before signing, making a written reservation, taking photos, giving immediate notice, and keeping invoices and correspondence. Many solid claims fail not because the right was weak but because the evidence was lost or the deadline passed. Choosing the right defendant, whether the store, the carrier or the insurer, also shortens the road and improves the chances of full recovery.

Where the shipment is valuable, where international conventions and customs procedures overlap, or where the courier flatly refuses, consulting a specialist lawyer early helps identify the applicable law, the time available and the right party to pursue, and allows urgent steps to secure evidence before the condition of the goods changes.

Legal Disclaimer

This article is for general information and is not legal advice on any particular case. The answer varies with the type and route of carriage, the terms of the waybill, the capacity of the contracting parties, the applicable law or international convention, and the facts of each case. Liability and compensation are ultimately for the courts to determine.

If your shipment was damaged or lost and you need an assessment of your legal position and a review of the shipping terms and correspondence, you can contact Yumnaak Law Firm or book an appointment at our office with one of our lawyers.