Contract of carriage

A freight contract is a contract between a shipper (also known as the consignor) and a carrier (freight forwarder, carrier or transport company) in which the conditions for the transportation of goods from one place to another are specified. The carrier undertakes to transport the goods safely to their destination, while the shipper pays the agreed freight in return.

Essential elements of a contract of carriage:

1. Parties to the contract:

   • Sender (consignor): The person or company wishing to send the goods.
   • Carrier (freight forwarder/transport company): The company responsible for the transportation of the goods.

2. Type of goods:

   • The contract contains a precise description of the goods to be transported, including their type, quantity, weight, volume and any special requirements (e.g. hazardous goods, refrigerated goods).

3. Means and route of transportation:

   • It specifies which means of transportation (e.g. truck, train, ship, plane) will be used and which route the transport is expected to take. It also contains information on any stopovers and transshipment points

4. Loading and delivery dates:

   • The contract contains agreements on the place of loading and when the goods are to be delivered to the destination. This also includes time slots for collection and delivery.

5. Freight costs and terms of payment:

   • Sets the HoDies can be calculated according to the type of transportation based on weight, volume, distance or other factors.

6. Liability and insurance:

   • The contract regulates who is liable for any damage or loss of the goods during transportation. The freight contract often also contains provisions as to whether and to what extent transport insurance exists.

7. Contractual penalty for non-performance:

   • Contractual penalties are defined here in the event of delays in delivery or damage to the goods.

8. Special conditions:

   • The contract may also contain specific agreements, e.g. on the handling of perishable goods, customs clearance, dangerous goods regulations or freight containers.

Legal basis of a contract of carriage:

In Germany, the freight contract is regulated in the German Commercial Code (HGB), in particular in §§ 407 ff. The obligations of the carrier and the shipper as well as the liability regulations are described in detail there.

Typical types of freight contracts:

1. Single Freight Contract: A contract concluded for a single shipment, e.g. for the one-time shipment of a consignment from one place to another.

2. Framework freight contract:

   A long-term contract that regulates several transports for a defined period of time

3. International contract of carriage: A contract of carriage for the cross-border transportation of goods. These contracts are often subject to international conventions such as the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road) or the Rotterdam Rules for Sea Freight.

Conclusion:

A freight contract forms the basis for any professional transportation of goods and regulates the rights and obligations of both parties to ensure a smooth transport process.

The Falk Albrecht GmbH team will be happy to provide you with more information!