Legal matters
General Austrian Forwarder Conditions (AÖSp)
The AÖSp are general terms and conditions which are applied by Austrian forwarding agents, but only in relation to companies. That means, they do not apply to consumers. In order to be effective, the AÖSp need not be expressly agreed. According to the case law of the Austrian Supreme Court (OGH), it is sufficient for the freight forwarder to point out in good time the validity of the AÖSp in his correspondence.
The AÖSp apply to all activities of the freight forwarder. The validity of the AÖSp can be excluded wholly or in part by express agreement, if this is accepted by the freight forwarder.
Attention:
The AÖSP are general terms and conditions and not law and therefore can only modify compliant law. For example, CMR or WC transport treaties are mandatory and cannot be modified by AÖSp.
Carrier Liability
Gem. HGB ist der Spediteur befugt, die Beförderung des Gutes selbst auszuführen (Selbsteintritt). Macht er von dieser Befugnis Gebrauch, so hat er zugleich die Rechte und Pflichten eines Frachtführers.
Der Spediteur erlangt weiters die Rechte und Pflichten eines Frachtführers, wenn er sich mit dem Versender über einen bestimmten Satz der Beförderungskosten geeinigt hat (Fixkostenspedition), sowie die Versendung des Gutes zusammen mit den Gütern anderer Versender mittels Sammelladung durchführt.
The freight forwarder also acquires the rights and obligations of a carrier when he has agreed with the consignor on a certain rate of transport costs (fixed-cost freight forwarding) and carries out shipment of the goods together with goods of other consignors using groupage.
If one of these three points applies, then the freight forwarder is liable as a freight carrier and the AÖSp will not apply; except for points not regulated under the relevant freight law. Then the mainly mandatory and indispensable freight laws apply, such as, the CMR treaty for (international and national) road freight shipment or the Warsaw Convention for airfreight.
Liability limits according to AÖSp or applicable freight law
CMR (road freight transport)
8.33 SDR, approx. € 10.00 per kg gross in case of loss or damage up to the amount of the freight for delayed delivery
AÖSp (Terms and Conditions)
€ 1.09 per kg or max. € 1,090.09 per claim in case of loss or damage. Other damages on a case by case basis up to max. € 2,180.18
Montreal Convention (air freight)
17 SDR per kg gross weight in case of loss or damage
Hague Rules (Sea Freight)
2 SDR per kg or 666.67 SDR per unit in case of loss or damage
EBG/CIM (railways)
EBG: € 36.34 per kg gross weight CIM: 16.67 SDR per kg in case of loss or damage
SDR = special drawing rights of the International Monetary Fund. The price is subject to fluctuation. The current daily exchange rate can be obtained from the National Bank or referenced from the internet.
Forwarder’s Insurance Certificate (SVS)
The forwarder’s insurance is a form of liability insurance. However, this only covers damage that was directly caused by the freight forwarder (inland). In accordance with the AÖSp, the forwarder undertakes to cover its liability to its customer by taking out a Forwarder’s Insurance (SVS). The cost of this insurance has to be paid by the customer. This means that the policyholder is the interested party as a customer and is therefore also entitled to make a claim with the insurer in its own right.
Please note: The SVS only takes precedence if due to mandatory law, such as CMR, only freight law and its liability limits apply.
Shipping and freight insurance
In contrast to the forwarder’s liability insurance, the shipping and freight insurance is a property insurance that covers damage regardless of who caused it and thus regardless of the liability and the corresponding “all risks” clause. However, for certain risks such as financial loss (COD error, customs clearance, etc.) shipping insurance does not replace the forwarder’s insurance.
All information is supplied without guarantee.