{"id":102374,"date":"2026-10-02T08:00:00","date_gmt":"2026-10-02T06:00:00","guid":{"rendered":"https:\/\/ru.law\/?p=102374"},"modified":"2026-10-01T15:25:40","modified_gmt":"2026-10-01T13:25:40","slug":"frachtvertrag-oder-speditionsvertrag","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/frachtvertrag-oder-speditionsvertrag\/","title":{"rendered":"Freight contract or forwarding contract? The crucial difference for your liability"},"content":{"rendered":"

Who owes what, what the liability looks like in each case, and why the freight forwarder is often liable like a carrier.<\/strong><\/h2>\n\n\n\n

Whether a contract is a freight contract or a forwarding contract determines who is liable for what and to what extent. The classification depends not on the label, but on the actual contract concluded. Rogert & Ulbrich will correctly classify your contract and enforce your claims against the appropriate contractual partner.<\/p>\n\n\n\n

Why the distinction determines your liability<\/strong><\/h2>\n\n\n\n

In the transport business, two types of contracts intersect that are easily confused. The freight contract and the forwarding contract obligate parties to different services and lead to different liability regimes. Anyone who fails to distinguish between the two quickly risks directing their claims against the wrong party or underestimating their own liability.<\/p>\n\n\n\n

This introductory article defines the terms and refers to more in-depth topics. An overview of our services is provided in the section... transport and forwarding law<\/a>.<\/p>\n\n\n\n

Unsure which contract you have? Have its classification and resulting liability reviewed.<\/p>\n\n\n\n

Freight contract: the carrier is responsible for the success of the delivery.<\/strong><\/h2>\n\n\n\n

Under a freight contract pursuant to Section 407 of the German Commercial Code (HGB), the carrier undertakes to transport the goods to their destination and deliver them there. He is therefore responsible for the successful completion of the transport. His liability is correspondingly strict.<\/p>\n\n\n\n

The carrier is liable under Sections 425 et seq. of the German Commercial Code (HGB) for loss of and damage to the goods from the time of acceptance until delivery, regardless of fault, unless the carrier can prove otherwise. However, this liability is limited in amount; in road freight transport, it is generally capped at 8.33 units of account per kilogram of gross weight according to Section 431 of the HGB. Within a legally defined range, the maximum liability can be contractually adjusted.<\/p>\n\n\n\n

How this limitation works and when it is broken is explained in our articles on this topic. Limitation of liability in transport law<\/a> and to qualified fault according to Article 29 CMR<\/a>.<\/p>\n\n\n\n

Is this a case of damage incurred during transport? Have it checked whether strict carrier liability applies.<\/p>\n\n\n\n

Freight forwarding contract: the freight forwarder owes the organization<\/strong><\/h2>\n\n\n\n

Under a freight forwarding contract pursuant to Section 453 of the German Commercial Code (HGB), the freight forwarder is not obligated to carry out the transport itself, but rather to arrange the shipment. He organizes the transport, selects the means of transport and the executing companies, and concludes the necessary contracts. He does not undertake the physical transport in this pure form.<\/p>\n\n\n\n

Accordingly, his liability is structured differently. Under Section 461 of the German Commercial Code (HGB), a pure freight forwarder is generally liable for his own negligence, particularly negligence in the selection or organization of the carrier, for example, if he engages a demonstrably unreliable carrier. This is often more difficult for the injured party to prove than the carrier's strict liability for the safekeeping of the goods. Therefore, the correct classification of the contract is all the more important.<\/p>\n\n\n\n

Was your transport merely organized? Have it checked whether the freight forwarder's liability or the carrier's liability applies.<\/p>\n\n\n\n

The three cases in which the freight forwarder is liable like a carrier<\/strong><\/h2>\n\n\n\n

In practice, the distinction between organization and transport is often blurred. In three legally defined scenarios, the freight forwarder has the rights and obligations of a carrier with regard to transport and is therefore liable under the stricter rules of freight law.<\/p>\n\n\n\n