What obligations do freight forwarders have in transport law?
December 18, 2022 | 55,00 EUR | answered by Konrad Falk
Dear lawyer specializing in transport and freight law,
I am contacting you with a question regarding the obligations of freight forwarders in transport law. My name is Tobias Kohlstein and I am a self-employed entrepreneur in the import and export industry. Lately, I have been experiencing increasing problems with freight forwarders who are not properly fulfilling their contractual obligations.
The situation is as follows: In recent months, there have been more frequent delivery delays, damaged goods, and missing deliveries from the freight forwarders. This not only causes me financial losses, but also significant damage to my reputation with my customers. Despite numerous discussions and reminders, the freight forwarders do not seem to take their obligations seriously and the situation does not improve.
My concerns are that these problems could worsen and that I may not be able to maintain my business operations smoothly. I am unsure about what legal steps I can take against the freight forwarders and what obligations they have in transport law.
Therefore, my specific question to you is: What are the obligations of freight forwarders in transport law, and what legal options do I have as the client to address the breach of contract by the freight forwarders? I urgently need advice and support in this matter to protect my business interests.
Thank you in advance for your help.
Sincerely,
Tobias Kohlstein
Dear Mr. Kohlstein,
Thank you for your inquiry regarding the duties of freight forwarders in transport law. As a lawyer specializing in transport and freight forwarding law, I can understand your concerns and problems well and am happy to assist you in this matter.
Freight forwarders have a variety of duties in transport law that they must fulfill in the context of a transport contract with their clients. The most important duties include the careful selection of transport means and routes, proper loading and securing of goods, adherence to delivery deadlines, and proper delivery of the goods to the consignee. In addition, freight forwarders are obligated to provide all necessary documents and information to ensure a smooth transport process.
If a freight forwarder breaches their contractual duties, as a client, you have various legal options to address the breaches. Initially, you should formally request the freight forwarder to fulfill the agreed services properly. If the freight forwarder continues to neglect their obligations, you can claim damages, terminate the contract without notice, or even initiate legal proceedings.
In such cases, it is advisable to seek the advice of an experienced lawyer specializing in transport and freight forwarding law, who can provide comprehensive advice and support. Together, we can assess which legal steps are sensible and promising in your specific case to protect your business interests and enforce the contractual duties of the freight forwarders.
If you have any further questions or need my assistance, please do not hesitate to contact me. Feel free to reach out to schedule a personal consultation.
Best regards,
Konrad Falk
Lawyer specializing in transport and freight forwarding law
