Sell my clothes I’m going to heaven!

What are the reasons why freight forwarders have the duties of a carrier in the aforementioned cases? In the case of § 412 UGB it is obvious: why should a forwarder who concludes a forwarding contract – but is not just a so-called “sofa forwarder” with a desk, laptop and telephone, but does not have his own vehicle fleet – but then himself carries out transport with its own vehicles, be treated differently than any other carrier?

In the case of so-called fixed-cost forwarding, the explanation is that a freight forwarder could be tempted to choose a good, inexpensive carrier, but not the best, who might also have higher freight rates. In the case of freight forwarding at fixed costs, the freight forwarder generally does not disclose his commission and is therefore tempted to focus on maximizing profits at the expense of the carrier’s quality. They may not have the latest equipment, not the best drivers, not the most modern technical equipment, not the best know-how about transport routes, guarded parking lots, etc., which means that damage can occur more easily. And because this increases the risk for the customer of the freight forwarder, he is also subject to stricter liability. Similar considerations apply to groupage shipping. In the case of consolidated loads, goods are also more likely to be damaged or lost, as experience has shown.

Back to the introductory remarks! The supposedly resourceful freight forwarder had created an “order document” which was entitled “transport order” and with which clients were to place orders with him. In the form itself it was pointed out that the contractor acts as a freight forwarder – also under commercial law – and acts on the basis of the general freight forwarder conditions of his association, but the text then referred to “freight payment”, “due date of freight” etc. Due to the text in the document, the conclusion of an “original freight contract” can be assumed. In this case, there is no need for a “detour” via self-employment, fixed-cost or groupage freight forwarding, since the CMR (“Convention on the Contract for the International Carriage of Goods by Road”) as an international treaty is mandatory for international road haulage. Article 1 of the same states: “This Convention applies to every contract for the carriage of goods by road for reward by means of vehicles…”. And Art. 41 CMR stipulates that an agreement may not be used to deviate directly or indirectly from this convention, otherwise it will be void and have no legal effect. It follows that in this case anyone who concludes a contract of carriage (also known as a transport contract or contract of carriage) by accepting a “transport order” (or similar) is liable under freight law. This also applies to freight forwarders.

The “resourceful” freight forwarder should have had his “order document” checked by a lawyer, or e.g. by a knowledgeable employee of GrECo. An insurance broker like GrECo, who runs “Transport” as a group practice, is of course able to advise customers on how to minimize liability risks and ultimately save on insurance premiums due to dealing with a large number of claims. It goes without saying that GrECo, if a claim does occur, supports the policyholder with expertise and accompanies him through the settlement of the claim in the best possible way. Experience is one of the most important assets that GrECo can offer, especially with internationality in transport , apart from excellent contacts to lawyers, average adjusters and experts whose involvement is often a necessity in the event of major claims.