How can I limit my liability as a freight forwarder?
July 30, 2024 | 50,00 EUR | answered by Konrad Falk
Dear lawyer,
I am Christiane Köhler and I run a small freight forwarding company. Lately, there have been increasing cases where my company is held liable for damages that occurred during transportation. I am very concerned about the financial burden that can arise from such liability claims.
The current situation is that we regularly transport goods and also act as warehouse keepers. Despite taking all necessary security measures, it can still happen that damages occur to the transported goods. In such cases, we are often held responsible by customers and faced with high compensation claims.
I would like to know if there are ways to limit my liability as a carrier to protect myself from such financial risks. Are there specific contract clauses that I can include in my transport agreements? Or are there legal regulations that offer me some protection as a carrier?
I would be grateful for your expertise and advice on how to limit my liability as a carrier to protect my company from unforeseen costs.
Best regards,
Christiane Köhler
Dear Mrs. Köhler,
Thank you for your inquiry regarding the limitation of liability as a freight forwarder. As a lawyer specializing in transport and freight forwarding law, I can provide you with some information and advice that can help protect your company from financial risks.
First and foremost, it is important to know that the liability of a freight forwarder is regulated by law. According to section 431 of the Commercial Code (HGB), the freight forwarder is liable for the loss or damage of goods he transports, if it occurs during transport. The liability of the freight forwarder is generally independent of fault, unless he can prove that the damage was caused by force majeure or the customer's fault.
To limit your liability as a freight forwarder, you can include certain contract clauses in your transport contracts. A commonly used clause is the so-called liability limit. In the contract, you can specify the extent to which you want to be liable for damages. However, this limitation of liability must be validly agreed upon and must not violate mandatory law.
Furthermore, you can also include liability exclusions in your contracts that exclude certain types of damages from your liability. For example, you could agree not to be liable for damages caused by improper packaging of the goods.
It is important to note, however, that not all contract clauses are valid and that the liability of the freight forwarder is regulated by law. Therefore, I recommend seeking advice from a lawyer to ensure that your contract clauses are legally correct and effective.
In addition to contractual provisions, there are also legal provisions that can limit your liability as a freight forwarder. For example, you can rely on liability limits under the CMR Convention or the Warsaw Convention, if applicable.
Overall, it is important that you are aware of your rights and obligations as a freight forwarder and take appropriate measures to protect your company from financial risks. I am happy to assist you with any further questions and provide detailed advice.
Best regards,
Konrad Falk
Lawyer
