Liability and 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.