ADSp 2017 §1 Definitions

1.1 Delivery

The term delivery also includes shipment in the case of warehouse transactions.

1.2 Client

The legal entity that concludes a transport contract with the freight forwarder.

1.3 Goods at risk of theft

Goods that are exposed to an increased risk of robbery and theft, such as money, precious metals, jewelry, watches, precious stones, works of art, antiques, check cards, credit cards or other means of payment, securities, valuables, documents, spirits, tobacco products, entertainment electronics, telecommunications equipment, computer equipment and accessories and chip cards.

1.4 Recipient

The legal entity to whom the goods are to be delivered under the transport contract or on the basis of effective instructions from the client or another person authorized to dispose of them.

1.5 Vehicle

A means of transport used to transport goods on roads.

1.6 Dangerous goods

Goods that can pose an immediate danger to persons, vehicles and the legal interests of third parties, even during normal transport, storage or other activities. Dangerous goods are in particular those goods that fall within the scope of the relevant dangerous goods laws and regulations as well as regulations on hazardous substances, water or waste.

1.7 Loading equipment

Means for combining packages and forming loading units, e.g. pallets, containers, swap bodies, bins.

1.8 Loading point/unloading point

The postal address, unless the parties have agreed on a more precise location.

1.9 Performance time

The time (date, hour) at which a specific service is to be provided, e.g. a time window or a point in time.

1.10 Packages

Individual items or units with and without loading equipment formed by the client to process the order, which the freight forwarder must treat as a whole (freight items within the meaning of Sections 409, 431, 504 of the German Commercial Code (HGB)).

1.11 Damage event

A claim occurs when an injured party asserts a claim arising from a transport contract or instead of a claim under a transport contract due to an external event; a loss event occurs when several injured parties assert claims arising from several transport contracts due to an external event.

1.12 Interface

After takeover and before delivery of the goods by the freight forwarder, any transfer of the goods from one legal entity to another, any transhipment from one vehicle to another, any (intermediate) storage.

1.13 Freight forwarder

The legal entity that concludes a transport contract with the client. Freight forwarders in this sense are in particular carriers within the meaning of Section 407 of the German Commercial Code (HGB), forwarders within the meaning of Section 453 of the German Commercial Code (HGB), warehouse keepers within the meaning of Section 467 of the German Commercial Code (HGB) and shippers within the meaning of Sections 481 and 527 of the German Commercial Code (HGB).

1.14 Transport contracts

Contracts of the freight forwarder for all types of activities, regardless of whether they concern forwarding, freight, sea freight, warehousing or other business that is usually part of the freight forwarding industry (e.g. customs clearance, shipment tracking, transshipment). These also include standard logistical services for freight forwarding if they are related to the transport or storage of goods, in particular activities such as the formation of loading units, order picking, labelling and weighing of goods and returns processing. Contract transport contracts for the provision of manned motor vehicles for use according to the instructions of the client are also considered freight contracts.

1.15 Shippers

The legal person who hands over the goods for carriage under the transport contract or on the basis of effective instructions.

1.16 Essential contractual obligations

Obligations, the fulfilment of which makes the proper execution of the transport contract (clause 1.14) possible in the first place and on whose compliance the contractual partner can regularly rely.

1.17 Valuable asset

Goods with an actual value at the place and time of takeover of at least 100 Euro/kg.

1.18 Time window

Agreed time period for the arrival of the carrier at the loading or unloading point.

1.19 Timing

Agreed time of arrival of the freight forwarder at the loading or unloading point.