Custody liability
Custody liability in carriage law describes the carrier’s liability for loss of or damage to goods between taking them over and delivering them. Section 429 of the Austrian UGB allows the carrier to establish that the loss, damage or delay could not have been prevented by the care of an ordinarily diligent carrier.
Custody liability describes the carrier’s responsibility during the period in which the goods are in the carrier’s custody. Under section 429 of the Austrian UGB, the carrier is liable for loss of or damage to the goods between taking them over and delivery. Delay in delivery may also be relevant under this provision.
The assessment therefore focuses on the custody period and the specific loss. The CMR Convention may apply to international carriage of goods by road. Article 17 CMR addresses the carrier’s liability for loss or damage between taking over the goods and delivery. Whether Austrian carriage law, CMR or another special regime applies depends, among other things, on the route, the contract and the type of transport.
For an initial assessment, the key documents usually include the transport order, proof of taking over and delivery, reservations, packaging information and the damage record. The page on carrier liability and cargo damage provides an overview. CMR and the transport contract and the CMR liability check help with common classification questions.
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Legal framework
General orientation, not individual advice.
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Carrier
A person who undertakes to carry goods by land, on rivers or on other inland waterways under section 425 UGB.
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CMR
CMR is the international Convention on the Contract for the International Carriage of Goods by Road. It governs paid cross-border road carriage where the place of taking over and the place of delivery are in different countries and at least one of them is a contracting country.
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Freight forwarder
A freight forwarder arranges consignments in its own name for the account of the consignor through carriers or sea carriers under section 407 UGB.
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