Lädt …
CMR · Montreal · Haag-Visby · FIATA · ADSpInternational
Freight Forwarder Liability Worldwide
What is a freight forwarder really liable for – and up to what amount? A clear overview of international conventions, national rules and what this means for you as a shipper or private individual.
What does freight forwarder liability mean – simply explained
A freight forwarder organises transport – they are the link between you (sender or recipient) and the transport company. If goods are lost or damaged, the question arises: who pays, and how much? The answer depends on three levels:
1. International Convention
International law treaties (e.g. CMR for road transport) set minimum liability limits – they apply automatically in all signatory states, regardless of contract.
2. National Law & T&Cs
Each country has its own laws and industry rules (e.g. ADSp in Germany, BIFA in the UK). These apply in addition – but only in the respective country and only if contractually agreed.
3. Individual Contract
The freight forwarder and client can agree on higher coverage or special conditions. Only what is in the contract applies – in case of doubt, ask in writing.
International liability limits by transport mode
These limits are set out in international law treaties and apply worldwide in all signatory states. They are the starting point for any liability question – regardless of which company carries out the transport.
| Convention | Transport mode | Liability limit |
|---|---|---|
| CMR (1956) | International road transport | 8,33 SZR/kg |
| Montreal (1999) | International air freight | 26 SDR/kg (from Dec. 2024) |
| Hague-Visby (1968) | Sea freight (bill of lading) | 2 SDR/kg or 666.67 SDR/package |
| COTIF/CIM (1999) | Rail transport (international) | 17 SZR/kg |
SDR – What is that? (Short version)
SDR = Special Drawing Right – an artificial currency unit of the IMF, used so liability limits are uniform across all countries. The rate fluctuates daily.
€EUR:1 SDR ≈ 1,16 €
$USD:1 SDR ≈ 1,37 $
Fr.CHF:1 SDR ≈ 1,06 Fr.
£GBP:1 SDR ≈ 1,02 £
→ 8.33 SDR/kg ≈ €9.70/kg · 26 SDR/kg ≈ €30.20/kg (approx. Feb. 2026, source: IMF; without warranty)
National industry rules: what applies where?
In addition to international conventions, many countries have their own industry rules for freight forwarders. These are voluntary standard terms and conditions – they only apply if the freight forwarder and client have agreed to them contractually. The exact liability limits and conditions vary depending on the ruleset, version and country.
ADSpGermany / Austria (DACH)
"General German Freight Forwarder Conditions" – the industry rules of German freight forwarders. Currently valid: ADSp 2017. Not a law, but a voluntary contractual framework.
BIFA STCUnited Kingdom / Commonwealth
British International Freight Association Standard Trading Conditions (current: 2025). Widely used in the UK and Commonwealth countries.
GTLFrance
Conditions Générales de Transport (GTL) – the general transport conditions for freight forwarders and carriers in France.
FENEXNetherlands / Benelux
FENEX conditions of the Dutch freight forwarders association – the equivalent of ADSp for the Benelux region.
FIATA Model RulesInternational (global standard)
FIATA is the international umbrella association of freight forwarders (over 100 countries). The FIATA Model Rules 2019 provide an international framework for forwarding contracts – applicable worldwide when agreed.
HGB (§§ 407–475)Germany (national law)
The German Commercial Code (HGB) is German commercial law. §§ 407–475 regulate the freight contract and forwarding – as a legal minimum standard that applies when no ADSp have been agreed.
DACH focus: liability limits under ADSp 2017
DE/AT only| Activity / Contract type | Limit per ADSp 2017 |
|---|---|
| Freight/forwarding contract (per damage event) | 1.250.000 EUR |
| Total damage per loss event | 2.500.000 EUR |
| Other goods damage (excl. freight) | 125.000 EUR |
| Warehouse damage | 35.000 EUR |
| Inventory discrepancies | 70.000 EUR/Jahr |
| Intent / gross negligence | Unlimited |
These amounts only apply in Germany/Austria and only when ADSp 2017 have been expressly agreed contractually. These are not statutory minimum limits. All information without warranty – in case of doubt please check directly with your freight forwarder or insurer.
Freight forwarder insurance – what is it?
A reputable freight forwarder is covered by liability insurance – they have taken out insurance covering damages for which they are legally or contractually liable. However, this insurance is not the same as cargo insurance: it only covers the freight forwarder's liability, not the full cargo value.
What the insurance typically covers
- Cargo damage caused by the freight forwarder's errors
- Errors in documentation and customs handling
- Third-party liability (personal injury and property damage)
- Warehouse damage within the area of own responsibility
What it does not cover
- Damages exceeding liability limits (e.g. brand value)
- Damage for which the freight forwarder is not responsible
- Intentional acts by the freight forwarder
- In general: the full value of your shipment
The exact coverage amount and conditions of a freight forwarder's insurance are negotiated individually between the freight forwarder and insurance company, and vary considerably by country, policy and provider. All information without warranty – in case of doubt, ask directly with your freight forwarder or insurer.
Requesting proof of insurance
Practical tipAs a client, you have the right to have your freight forwarder's insurance coverage proven to you. In Germany, the SVS (freight forwarder insurance certificate) is commonly used. Other countries have equivalent documents (e.g. Certificate of Insurance in the UK/USA). The principle is the same everywhere: the freight forwarder documents in writing that adequate liability insurance exists.
What a proof of insurance contains
- Name and address of the freight forwarder
- Insurance company and policy number
- Insurance sum and scope of coverage
- Validity period of the policy
When to ask?
- Before concluding a major forwarding contract
- For high-value shipments (e.g. electronics, art)
- With new business partners without references
- Annually for ongoing business relationships
When does the freight forwarder bear unlimited liability?
In almost all legal systems worldwide: in the case of intentional or grossly fraudulent conduct, all liability limits cease to apply. The most important international bases:
CMR
Art. 29 CMR (international)
Applies to all CMR states: reckless action with awareness that damage will occur removes all liability limits.
Global
Intent & fraud (worldwide)
In almost all countries: anyone who intentionally causes damage or fraudulently conceals defects cannot invoke liability limitations.
DE
§ 435 HGB (Germany)
Germany only: § 435 HGB regulates the removal of liability limits in cases of qualified fault – complementary to the CMR principle.
Recommendation – for businesses and private individuals
Do not rely exclusively on the freight forwarder's liability – regardless of the country. In practice, statutory and convention-based liability limits rarely cover the full value of a shipment. Especially for high-value goods, household removals or international shipments, it is advisable to take out your own cargo transport insurance (goods insurance). This covers the full cargo value – regardless of who is at fault.
More on cargo insurance