Transport law and air transport law

• Contract of carriage: The German Commercial Code (HGB) defines the contract of carriage as the obligation of the carrier to transport the goods from the consignor to the destination and to deliver them there to the consignee. The contract of carriage is thus a special form of the contract for work and services. The content of the contract of carriage is documented in evidence by the consignment note, known as the "Air Way Bill" (AWB) in air freight transport. A contract of carriage is concluded between the consignor of the goods and the carrier. The consignee under the consignment note is listed in the contract of carriage and in the German Commercial Code (HGB) is given the right to demand delivery or exercise rights of complaint. 
• Freight forwarding contract: A freight forwarding contract is merely similar to a contract of carriage. The difference is that the consignor commissions the freight forwarder to organise the transport of the goods. So the freight forwarder commissions a transport company, with which it in turn concludes a freight contract for the delivery of the goods. However, the freight forwarder is also entitled to so-called self-employment, i.e. authorised to act as a carrier.
• Multimodal contract: If, on the basis of a uniform contract of carriage, a consignment is carried out on partial routes with different means of transport, it is known as multimodal carriage. Legs on the route can therefore be, for example, transport by sea, onward carriage to the consignee by land, rail or inland waterway. The same applies in particular to international air transport, where - as is common today - transhipment takes place at major international airports (so-called HUBs). If damage occurs in transit, liability is governed by the German Commercial Code (HGB) if the place of damage is unknown; if the place of damage is known, liability is determined in accordance with the body of law governing the leg of transport in which the damage occurred. 
• Removal contract: A removal contract must be concluded if the load in the freight contract contains furniture or if it involves so-called removal goods. In this case, the freight carrier has the additional obligation to load and unload the cargo and to dismantle and assemble the furniture. The freight carrier may also have to perform other services, such as packing or labelling the goods. A consignment note is not necessary for a removal contract.  
• Storage contract: A storage contract is concluded between the so-called depositor and the warehouse keeper. In return for payment, the latter is obliged by the contract to properly store the goods entrusted to him. This means that he must pack and label them. If necessary, a warehouse warrant can be issued. 

In essence, a consignment note proves that a contract of carriage exists. The consignment note is part of the freight documents. The document also serves as proof that the goods to be transported have reached their destination undamaged. Any defects must be recorded on the consignment note. While the consignment note is largely dispensed with in national transport, it is still mandatory for international transport. Here, the so-called CMR consignment note or, in the case of air freight transport, the AWB, is required. The carrier can issue a consignment note containing the following information:

• Date and place of issue 
• Name of the consignor and carrier 
• Date and place where the cargo was handed over
• Date and place where the cargo is to be handed over to the consignee
• Name and address of the consignee
• Description of the cargo
• Type of packaging 
• Nature, quantity and number of the cargo
• Gross weight of the cargo
• Costs up until delivery
• Notes regarding customs treatment 

In addition, the consignment note may contain further details whenever needed in individual cases.

In principle, a carrier can be held liable from the time the goods are accepted by the consignor until they are properly handed over to the consignee. The carrier is subject to what is known as custodial liability. As a rule, the issue of liability comes up when transport damage or loss occurs or there is a delay in delivery. The German Commercial Code (HGB) stipulates that the carrier is liable for damage caused goods or their loss during transport. If the delivery deadline fails to be met, this is also a reason for liability. The carrier can only escape its liability for care and custody in whole or in part within the framework of special grounds for exclusion of liability. In order to compensate for this liability risk, all national and international laws and conventions provide for maximum liability amounts, which are expressed in units of account or special drawing rights and are based on the weight of the goods carried. The only exceptions to this are if the carrier is guilty of a so-called qualified fault in causing the damage. This is deemed to be the case if the damage has been caused by intentional fault of the carrier. It is in the area of liability, with regard to the reason for and amount of such - and with a special consideration of multimodal law - that a need for advice and action by specialist lawyers is to be found.