What claims do I have in the event of transport damage?

In the event of transport damage, the available claims depend on the type of transport contract and the applicable national or international regulatory framework — for example the CMR in the case of road transport. As a general rule, the carrier is liable for loss, damage or delay in delivery, provided it cannot exclude the cause of the damage. hba Rechtsanwälte examines the liability position, secures evidence and enforces your claims against carriers and insurers.

What must be observed when drafting a logistics contract?

A logistics contract governs complex service relationships between clients, freight forwarders and subcontractors. Key aspects include the precise description of services, liability provisions, contract terms, termination rights and the incorporation of general terms and conditions. hba Rechtsanwälte drafts logistics contracts in a legally sound and interest-appropriate manner, in order to prevent disputes from the outset and to safeguard your commercial objectives.

What rights do I have in the event of delivery delay under a freight contract?

Delivery delay under a freight contract can give rise to claims for damages, the extent of which depends on the agreed conditions and the applicable law. In international transport, liability limits under the CMR or other conventions frequently apply. As an experienced transport law attorney, hba examines your claims precisely and represents you consistently vis-à-vis the carrier or its insurer.

What role does customs law play in international transport law?

Customs law is a central factor in cross-border transport. Incorrect customs declarations, erroneous goods classifications or violations of import regulations can lead to significant delays, fines and liability claims. hba Rechtsanwälte advises you comprehensively on customs law, supports the legally sound handling of international transports and represents you in disputes with customs authorities.

Legal Advice in Transport Law, Freight Forwarding Law and Logistics Law

Whether by road, rail, air or sea: transport law raises many complex questions in practice. As an experienced law firm, hba Rechtsanwälte supports companies clearly, in a structured manner and systematically in all challenges arising under transport law, freight forwarding law and logistics law. Our aim is to identify, address and resolve legal problems at an early stage, before they develop into costly disputes.

Our legal advice covers all national and international standards and regulations. We advise and accompany well-known freight forwarders, transport companies and their customers in the drafting and negotiation of complex logistics contracts, freight contracts and storage contracts. Through our many years of experience, in particular in the road freight transport industry, we are able to prevent legal problems from escalating and to limit the impact of loss events through targeted legal support. In doing so, we always take into account both the commercial interests of our clients and the legal framework at national and international level.

As transport law attorneys, hba Rechtsanwälte also accompanies you in specific loss events. Whether transport damage, delivery delay or disputes arising from a freight contract or storage contract: we analyse the liability position precisely, enforce your claims consistently and represent you vis-à-vis contractual partners, insurers and before the courts. We also stand by your side with well-founded expertise in customs law and in cross-border transport matters.

hba offers you not only reactive legal advice in the event of a loss, but also proactive support in the legally sound design of your entire logistics processes. As lawyers with deep industry knowledge, we know what matters in practice. The high degree of clarity in our day-to-day collaboration provides our clients with what they truly need: reliable support from a law firm that knows the industry and consistently represents your interests.

FAQ

In the event of transport damage, the available claims depend on the type of transport contract and the applicable national or international regulatory framework — for example the CMR in the case of road transport. As a general rule, the carrier is liable for loss, damage or delay in delivery, provided it cannot exclude the cause of the damage. hba Rechtsanwälte examines the liability position, secures evidence and enforces your claims against carriers and insurers.
A logistics contract governs complex service relationships between clients, freight forwarders and subcontractors. Key aspects include the precise description of services, liability provisions, contract terms, termination rights and the incorporation of general terms and conditions. hba Rechtsanwälte drafts logistics contracts in a legally sound and interest-appropriate manner, in order to prevent disputes from the outset and to safeguard your commercial objectives.
Delivery delay under a freight contract can give rise to claims for damages, the extent of which depends on the agreed conditions and the applicable law. In international transport, liability limits under the CMR or other conventions frequently apply. As an experienced transport law attorney, hba examines your claims precisely and represents you consistently vis-à-vis the carrier or its insurer.
Customs law is a central factor in cross-border transport. Incorrect customs declarations, erroneous goods classifications or violations of import regulations can lead to significant delays, fines and liability claims. hba Rechtsanwälte advises you comprehensively on customs law, supports the legally sound handling of international transports and represents you in disputes with customs authorities.

Our services

Support for freight agencies and transportation companies as contract partners
Advice on the structuring and drafting of (international) freight contracts
Advice on the acquisition and sale of freight agencies and transportation companies
Assistance concerning different forms of liability (road, rail, air, combined Transport)
Assessment of liabilities, limitations and exclusions of liabilities; particularly according to the CMR (Convention on the Contract for the International Carriage of Goods by Road), the AÖSp (General Austrian Forwarders’ Terms and Conditions), the Austrian Business Code (Unternehmensgesetzbuch) and ‘Spediteurhaftung’ (carrier’s liability)
Enforcement of claims (before the courts), place of jurisdiction and governing law, arbitration
Drafting of freight contracts and orders, including ancillary logistic services
Special areas like liens, customs liability, drafting of general terms and conditions
Incoterms 2010, advice on legally correct application of internationally recognised and standardised Incoterms clauses for road, rail, air, sea and combined transport
Court-appointed and certified experts in transportation, freight and logistics law

Contact Person

Dr. Robert Miklauschina

Lawyer

Office Graz

Phone: +43-50-8060-442

r.miklauschina@hba.at
Mag. Lukas Honzak

Lawyer

Office Eisenstadt

Phone: +43-50-8060-445

l.honzak@hba.at