What obligations do I have as a freight forwarder when transporting goods?
February 5, 2022 | 40,00 EUR | answered by Emma Weinert
Dear lawyer,
I am Robert Bahr and work as a freight forwarder for a medium-sized transportation company. Lately, I have been experiencing increasing problems with fulfilling my duties in the transportation of goods. Despite careful planning and organization, there are constant delays and damages to the transported goods.
My biggest concern is that I may be violating current laws and may have to face legal consequences for my company. Therefore, I would like to know what specific duties I have as a freight forwarder in the transportation of goods.
I urgently need clarification on the responsibilities and liabilities that I, as a freight forwarder, will face. Are there any legal regulations that I need to adhere to? How can I ensure that I fulfill my duties as a freight forwarder properly and avoid potential legal issues?
I thank you in advance for your support and guidance in this matter.
Best regards,
Robert Bahr
Dear Mr. Bahr,
Thank you for your inquiry regarding your duties as a carrier in the transportation of goods. It is understandable that you are concerned about potential legal consequences and need clarity on the responsibilities and liabilities that you may face.
As a carrier, you are subject to various legal regulations and obligations that must be observed in order to avoid legal issues. Firstly, it is important to know that as a carrier, you are obligated under § 449 of the German Commercial Code (HGB) to transport goods carefully and ensure that they arrive intact at their destination. This means that you must properly pack, label, and securely transport the goods.
Furthermore, as a carrier, you are required to comply with the agreed transport conditions. This includes meeting delivery deadlines, properly documenting the transport, and informing the principal about the progress of the transport. Failure to comply with these obligations may result in legal consequences such as claims for damages or contractual penalties.
To ensure that you fulfill your duties as a carrier properly, I recommend careful planning and organization of the transport. This includes selecting suitable means of transport, verifying transport insurance, and regularly communicating with the principal about the progress of the transport.
Additionally, you should ensure that your employees are properly trained and have the necessary expertise in transport and forwarding law. If problems or damages occur during the transport, it is important that you act promptly and document the damage in order to assert any claims that may arise.
In summary, it is crucial that you take your legal duties as a carrier seriously and act carefully and responsibly to avoid legal issues. If you have any further questions or need assistance, I am happy to help.
Sincerely,
Emma Weinert, Attorney specializing in Transport and Forwarding Law
