What legal requirements apply to the conclusion of transport contracts?
February 22, 2024 | 40,00 EUR | answered by Leonie Maier
Dear lawyer,
I hope you can help me with my concerns. My name is Lukas Reuter and I am the managing director of a medium-sized transport company. Lately, we have been facing increased problems when it comes to concluding transport contracts with our customers. We are unsure about the legal requirements and want to ensure that we comply with all legal regulations.
Our situation is as follows: We offer various transport services, including the transportation of goods by truck, ship, or airplane. We have already concluded some contracts, but there have been discrepancies in the past regarding liability in case of damage or loss of the transported goods. We want to make sure that we avoid these issues in the future and act in compliance with the law.
Our main concern is that we may be violating existing laws and could face legal consequences as a result. Therefore, we urgently need advice on the legal requirements for concluding transport contracts.
My question to you is: What are the legal requirements for concluding transport contracts in terms of liability, insurance, and contract content? Can you provide us with possible solutions to ensure that we act in a legally correct manner and make our contracts legally sound?
Thank you in advance for your assistance.
Best regards,
Lukas Reuter
Dear Mr. Reuter,
Thank you for your inquiry regarding the legal requirements when entering into transport contracts in your medium-sized transport company. It is understandable that you are concerned about the legal protection of your contracts and want to ensure that you comply with all legal requirements.
When entering into transport contracts, various legal requirements apply, especially regarding liability, insurance, and contract content. First and foremost, it is important that you clearly and unambiguously define the liability provisions in the contract. It should be noted that liability in transport law is generally governed by the statutory provisions of the Commercial Code (HGB). According to § 431 HGB, the carrier is liable for loss or damage to the goods up to a certain maximum liability limit per kilogram of the goods' weight. This maximum liability limit can be expanded or restricted by contract. Therefore, it is advisable to establish a corresponding liability provision in the transport contract to avoid potential disputes in the event of damage.
Furthermore, it is important to obtain adequate transport insurance to protect yourself against financial risks in case of damage or loss of goods. The transport insurance should complement the maximum liability limit in the contract and ensure that you are sufficiently insured in the event of damage.
Regarding the contract content, you should clearly and precisely document all relevant aspects of the transport business in the contract. This includes, among other things, the transport services, delivery deadlines, liability provisions, transport insurance, payment terms, and any liability exclusions or limitations. A well-drafted and legally sound transport contract helps to avoid potential disputes with your customers and creates clear conditions for both parties.
Overall, it is advisable to seek advice from a specialized lawyer in transport and forwarding law to ensure that your transport contracts comply with legal requirements. An experienced lawyer can help you find tailored solutions and ensure that your contracts are legally sound.
I hope that this information has been helpful and I am available to answer any further questions you may have. Thank you for your trust and I wish you success in securing your transport contracts legally.
Sincerely,
Leonie Maier
Lawyer specializing in transport and forwarding law
