23.1 The liability of the freight forwarder for damage to goods in his care pursuant to Section 431 paragraphs 1, 2 and 4 of the German Commercial Code (HGB), with the exception of damage resulting from sea transport and ordered storage, is limited as follows:
23.1.1 to 8.33 Special Drawing Rights per kilogram if the freight forwarder
– carrier within the meaning of Section 407 of the German Commercial Code (HGB),
– Freight forwarder acting as self-employed forwarder, fixed-cost or consolidated freight forwarder within the meaning of
from §§ 458 to 460 HGB
or
– is a custodial freight forwarder within the meaning of Section 461 Para. 1 of the German Commercial Code (HGB);
23.1.2 to 2 instead of 8.33 Special Drawing Rights for each kilogram if the client has concluded a transport contract with the freight forwarder for carriage by various means of transport including sea transport and the place of the damage is unknown.
If the location of the damage is known, liability is determined according to Section 452a HGB, taking into account the exclusions and limitations of liability of the ADSp.
23.1.3 If the liability of the Freight Forwarder under clause 23.1.1 exceeds an amount of EUR 1.25 million per claim, his liability shall further be limited to a maximum amount of EUR 1.25 million or 2 Special Drawing Rights per kilogram, whichever is higher, for each claim.
23.2 The liability of the freight forwarder for damage to goods in his care is limited in the case of a transport contract for sea carriage and in the case of cross-border carriage to the maximum amount of liability laid down by law for this carriage. Clause 25 remains unaffected.
23.3 In cases not covered by clauses 23.1 and 23.2 (such as Section 461 Para. 2 HGB, Sections 280 ff BGB), the freight forwarder's liability for damage to goods is limited in accordance with Section 431 Para. 1, 2 and 4 HGB.
23.3.1 in the case of a transport contract for carriage by sea or carriage by mixed means of transport including carriage by sea, 2 Special Drawing Rights for each kilogram,
23.3.2 for all other transport contracts, 8.33 Special Drawing Rights per kilogram.
23.3.3 Furthermore, the liability of the freight forwarder for any one claim shall be limited to a maximum amount of EUR 1.25 million.
23.4 The liability of the freight forwarder for damages other than to goods, with the exception of damages during ordered storage, personal injuries and material damage to third-party goods, is limited to three times the amount that would be payable in the event of loss of the goods in accordance with clauses 23.3.1 or 23.3.2. In addition, the liability of the freight forwarder is limited to a maximum of EUR 125,000 for each case of damage.
23.4.1 Sections 413 (2), 418 (6), 422 (3), 431 (3), 433, 445 (3), 446 (2), 487 (2), 491 (5), 520 (2), 521 (4), 523 of the German Commercial Code (HGB) as well as corresponding liability provisions in international agreements, from which no deviation is permitted by means of pre-formulated contractual terms, remain unaffected.
23.4.2 Clause 23.4 shall not apply to statutory provisions such as Article 25 MC, Article 5 CIM or Article 20 CMNI which extend or permit the extension of the freight forwarder’s liability.
23.5 If the liability of the freight forwarder under clauses 23.1, 23.3 and 23.4 exceeds an amount of EUR 2.5 million per loss event, his liability shall, regardless of how many claims are made in connection with one loss event, be limited to a maximum of EUR 2.5 million per loss event or 2 Special Drawing Rights for each kilogram of lost or damaged goods, whichever is higher; if there are several injured parties, the freight forwarder shall be liable in proportion to their claims.
Editor of the ADSp : German Freight Forwarders and Logistics Association (DSLV), Weberstraße 77, 53113 Bonn | Berlin office: Platz vor dem Neues Tor 5, 10115 Berlin | www.dslv.org