Liability & Insurance
We feel obligated to provide our clients with reliable and professional advice, especially in circumstances beyond one´s control.
General Austrian Forwarder Conditions (AÖSp)
This legal framework forms the working basis for all Austrian freight forwarders. AÖSp applies to all activities of the freight forwarder in dealings with merchants and with companies, regardless of whether they are forwarding, freight, warehousing, commission or other business related to the freight forwarding business without the need for a special agreement.
Carrier Liability
The forwarder, according to HGB, is authorized to carry out the transport of the goods themselves. If the forwarder makes use of this power (self-admission), the forwarder also has the rights and obligations of a carrier. These rights and obligations also apply to the carrier if the carrier has agreed with the consignor on a certain rate of transport costs or if the carrier has effected the consignment of the goods together with the goods of other consignors as a collective consignment.

If one of these three points applies, then the freight forwarder is liable as a carrier and the AÖSp will not apply (with the exception of points not regulated in the relevant applicable freight law). Instead, the respective mandatory freight law comes into force.
Liability limits
Scope
All forwarding activities
Basis
AÖSp (General Austrian Forwarder Conditions)
Limits of liability
€ 1.09 / kg or max. € 1090.09 per claim for damage to property € 2180.19 for financial loss or liability extension by SVS
Scope
International air freight traffic
Basis
Montreal Convention
Limits of liability
19 SDR / kg in case of loss or damage
Scope
National and international road freight transport
Basis
CMR
Limits of liability
8.33 SDR / kg in case of loss or damage
Scope
International ocean freight traffic
Basis
Hague Visby Rules
Limits of liability
666.67 SDR / package or 2 SDR / kg gross (whichever is the greater) in case of loss or damage
Scope
International rail freight traffic
Basis
CIM
Limits of liability
17 SDR / kg in case of loss or damage
Scope
National railway freight traffic
Basis
EBG
Limits of liability
€ 36.50 / kg in case of loss or damage
SDR = Special Drawing Right of the International Monetary Fund
Forwarding Insurance Certificate (FIC)
Every forwarding agent is obliged, if not expressly forbidden in writing by means of a prohibition declaration by the client, to insure the damage that may accrue to the client by the freight forwarder at the expense of the client, according to AÖSp. Thus, the interested party is insured as a principal and thus also entitled to the insurer itself. The FIC is a liability insurance for property and pecuniary losses.
Transport Insurance
We recommend the coverage of a transport insurance, since any damage is covered only to the amount of the legal but limited carrier liability.

In contrast to the forwarding insurance, the transport insurance is a property insurance that covers goods damage. However, the transport insurance does not cover financial losses and thus does not replace the forwarding insurance. The main advantage is that the major transport risks worldwide can be insured door-to-door and, in the event of the insurer's case, advance payment regardless of fault.

We would be happy to advise you personally on the basis of the general Austrian transport insurance conditions (AÖTB) and support you in the choice of tailor-made transport insurance protection.