Insurance cases

Unbureaucratic support with liability and insurance questions

Considering the millions of tons of goods, which are handled daily it is only natural that damages happen from time to time during the transport. Luckily, you can also rely on Gebrüder Weiss in this respect. Our insurance specialists examine possibly occurred damages and support you in finding a prompt solution with your insurance company - unbureaucratic, fast and experienced.

Find out more in the course of a personal consulting appointment
with our experts for insurance matters. 

Legal questions:

General Austrian Forwarders' Terms and Conditions (AÖSp)
AÖSp are the general business terms, which are determined as custom of the trade and applied on business operations with merchants and companies without any special agreement being necessary.

AÖSp are valid for all services performed by a forwarder, no matter if those are forwarding, freight, warehouse, picking services or other services related to the forwarding trade.

Carrier’s liability
In accordance with the Austrian Commercial Code (UGB) the forwarder is entitled to handle the transport of the good himself (self-contracting). If the forwarder makes use of this right, the forwarder also assumes the rights and responsibilities of a carrier. The forwarder does, furthermore, obtain the rights and responsibilities of a carrier, if the forwarder agrees on a certain rate of transport charges (fixed costs - forwarding) with the consignor or, if the forwarder has effected the forwarding of the good together with goods of other consignors by means of a groupage consignment.

If one of these three conditions applies, the forwarder is liable as a carrier and the AÖSp are not to be applied in the area, which is regulated by the mandatory law regarding the carriage of goods (e.g. CMR/ Austrian Commercial Code UGB § 439a in road freight traffic).

Liability limits according to AÖSp or the applicable law regarding the carriage of goods in case of damage or loss:

AÖSp (General Austrian Forwarders' Terms and Conditions)
with prohibited forwarders’ liability insurance SVS: EUR 1.09 per kg, however, no more than EUR 1,090.09 per damage event

CMR/UGB § 439a (international / national road freight traffic)
SDR 8.33 per kg

Warsaw Convention (international air freight traffic)
SDR 16.67 per kg

Montreal Convention (international air freight traffic)
SDR 17 per kg

Haag / Visby Rules (international sea freight traffic)
SDR 2 per kg or SDR 666.67 per unit

CIM (international railway goods traffic)
SDR 17 per kg

ÖGT (austrian rail traffic)
max. EUR 36.50 per kg

* SDR = special drawing rights of the International Currency Fund.
The current rate of the day can be inquired from the Nationalbank or retrieved from the internet.

Forwarders’ liability insurance (SVS)
According to the AÖSp the forwarder is obliged to cover any damages, which may arise for the ordering party when the forwarder executes the order, by taking out a forwarders’ liability insurance (SVS). This is a liability insurance for material damage and financial losses. The party interested in the goods is insured as ordering party and also carries the costs for this insurance. The insured party can assert its claims directly against the insurer.

Transport insurance
In contrast to the forwarders’ liability insurance a transport insurance is an insurance of property, which independently of the liability facts only covers damaged goods and not financial losses. Consequently, the transport insurance does not replace the forwarders’ liability insurance.