Benedict Schreiber
Lawyer
Whether on land, at sea or in the air: transporting goods is sometimes a complex and particularly difficult task. a. venture with high liability in terms of risk potential. Delay, damage or loss of goods are just some of the possible reasons that raise the question: Who is liable and if so, to what extent? And who exactly is the freight carrier and who is the freight forwarder?
Freight Forwarder vs. Carrier
The provisions of Sections 407 ff. of the German Commercial Code (HGB) apply to the carrier. The carrier is ultimately the person who, according to the law, “transports the goods to the destination and delivers them to the recipient”, i.e. H. actually carries out the transport itself.
According to the law, the freight forwarder acts as the person who “dispatches the goods”, i.e. organizes the transport of goods. He is commissioned by the sender and Sections 453 ff. of the German Commercial Code (HGB) apply to him. The freight forwarder can carry out the transport of goods himself, so-called self-entry of the freight forwarder. In this case, the freight forwarder himself becomes the carrier. The freight forwarder can also commission an external freight carrier.
Liability of the carrier
The so-called custodial liability is relevant as a framework for the carrier's liability: The carrier is generally liable for all damage caused by loss of or damage to the goods in the period from acceptance for transport to delivery or by exceeding the delivery deadline. The basic liability of the carrier is therefore very comprehensive, as it is initially independent of fault. However, liability can be excluded if the carrier was unable to avoid loss, damage or exceeding the delivery deadline even with the greatest care and was unable to avert the consequences. This needs to be checked on a case-by-case basis.
Otherwise, liability for damage to goods is limited to 8,33 SDR (“special drawing rights”) per kg of gross weight of the goods. This represents a type of special currency for which a euro exchange rate is set daily. In the event of damage caused by delay, liability is three times the amount of the freight.
Liability of the carrier
The freight forwarder's liability is essentially linked to the freight carrier's liability - of course primarily. a. then if the freight forwarder acts as a freight carrier. The standard of liability is identical in this respect.
However, if the damage is not caused by loss or damage to the goods - especially in the case of pure forwarding activities - the liability depends on fault and whether the forwarding agent exercised the care of a prudent businessman. This includes v. a. the area of the freight forwarder's main obligations: determining the means of transport, selecting the carrier, concluding the necessary contracts and securing the sender's claims for damages. This must also be checked on a case-by-case basis. In this respect, the freight forwarder does not benefit from the liability limitations under freight law. If there is no limitation to the permissible extent, for example through general terms and conditions, the freight forwarder's liability is unlimited.
Observe the statute of limitations
Important: In the area of freight or forwarding law, the limitation period for claims is generally one year from the end of the day on which the goods were delivered or should have been delivered. The deadline is only extended to 3 years in cases of intent or recklessness. However, since negligence regularly occurs, the one-year deadline is often overlooked and claims may then no longer be asserted.
You see They see: The link between sender - forwarder - carrier can reveal numerous pitfalls that need to be recognized, evaluated and overcome based on your individual case. Therefore, let the specialized lawyers in our law firm advise you on all issues relating to freight and forwarding law. We will be happy to accompany you from the initial consultation through to the targeted enforcement of your claims!
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