Freight forwarder
A freight forwarder arranges consignments in its own name for the account of the consignor through carriers or sea carriers under section 407 UGB.
Under section 407 UGB, a freight forwarder is a person who undertakes to arrange the consignment of goods for the account of the consignor in its own name, using carriers or sea carriers. The freight forwarder therefore organises the shipment and enters into the necessary arrangements in its own name.
A freight forwarder must be distinguished from a carrier. Under section 425 UGB, the carrier undertakes to perform the actual carriage of the goods. Whether a business is acting as freight forwarder, carrier or in a combined role depends on the specific contract and the task actually undertaken. The CMR Convention may also apply to an international carriage of goods by road, but that does not by itself turn the freight forwarder into the carrier.
For the classification of a freight forwarding or logistics contract, the order, instructions, transport documents and the way the shipment was handled are relevant. The page on CMR and the transport contract explains the cross-border road carriage framework. The overview of carrier liability and cargo damage is a useful starting point when goods are damaged.
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Rechtsgrundlagen
Allgemeine Orientierung, keine Beratung im Einzelfall.
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Carrier
A person who undertakes to carry goods by land, on rivers or on other inland waterways under section 425 UGB.
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CMR
CMR is the international Convention on the Contract for the International Carriage of Goods by Road. It governs paid cross-border road carriage where the place of taking over and the place of delivery are in different countries and at least one of them is a contracting country.
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Consignment note
A consignment note records the essential details of the carriage and the goods being transported.
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Guidance on freight law matters in Austria.
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