Custody liability

Custody liability describes the carrier’s responsibility during the period in which the goods are in the carrier’s custody. Under section 429 of the Austrian UGB, the carrier is liable for loss of or damage to the goods between taking them over and delivery. Delay in delivery may also be relevant under this provision.

The assessment therefore focuses on the custody period and the specific loss. The CMR Convention may apply to international carriage of goods by road. Article 17 CMR addresses the carrier’s liability for loss or damage between taking over the goods and delivery. Whether Austrian carriage law, CMR or another special regime applies depends, among other things, on the route, the contract and the type of transport.

For an initial assessment, the key documents usually include the transport order, proof of taking over and delivery, reservations, packaging information and the damage record. The page on carrier liability and cargo damage provides an overview. CMR and the transport contract and the CMR liability check help with common classification questions.