Freight

The Fautfracht (also dead freight or failure load ) is in the cargo right / transport right a compensation or a forfeit the client (in German domestic freight law: Sender; in maritime law: shipper ) to the carrier (in maritime law: shipper ).

In the case of cargo freight, it is a matter of asserting a legally regulated, lump-sum compensation claim (without any further obligation to provide evidence on the part of the injured party).

Regulations in German maritime trade law

According § 489 Commercial Code (HGB), the shipper against the shippers during its withdrawal from the freight contract either claim

to the agreed freight as well as expenses to be reimbursed taking into account saved expenses or any other acquisition that was actually made or was maliciously omitted (Section 489 (2) sentence 1 no. 1 HGB),
or to a third of the agreed freight, the so-called freight freight (Section 489 Paragraph 2 Clause 1 No. 2 HGB).

The resignation of the freight forwarder may not be based on reasons for which the freight forwarder was responsible (Section 489 (2) sentence 2 HGB).

Regulations in domestic German transport law for goods transport on road vehicles, rail vehicles, aircraft or inland waterway vessels

In accordance with Sections 415, 417 Paragraph 2 of the German Commercial Code (HGB), the carrier can choose to terminate the freight contract prematurely by the sender

the agreed freight (including an agreed or caused by the delay. stallage plus expenses;. minus costs of saved), or
Demand one third of the agreed freight, the so-called freight freight, (= agreed freight without sales tax for the part of the transport that is not carried out).

The resignation of the sender may not be based on reasons for which the carrier was responsible.

literature

general:
- Creifelds, legal dictionary , 19th edition Munich 2007, Verlag CH Beck, ISBN 978-3-406-553929 , keyword: freight contract

for the transport of goods within Germany on road vehicles, rail vehicles or inland waterway vessels:
- Hartenstein, Olaf / Reuschle, Fabian (eds.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Verlag Carl Heymanns
- Koller, transport law. Commentary , 9th edition, Munich 2016, Verlag CH Beck, ISBN 978-3406701139
- Wieske, Thomas, transport law quickly captured , 3rd edition, Berlin Heidelberg 2012, publisher: Springer

for maritime trade law:
- Hartenstein, Olaf / Reuschle, Fabian (ed.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Carl Heymanns publishing house, chapter 4: Sea freight law
- Herber, Rolf, Maritime Law. Systematic representation , 2nd edition, Berlin / New York 2016, publisher: de Gruyter, ISBN 978-3899492118
- ders., sea freight contract and multimodal contract , RWS script 170, 2nd edition 2000, publisher: RWS, ISBN 3-8145-9170-4
- Puttfarken, Hans-Jürgen: Seehandelsrecht , Verlag Recht und Wirtschaft, Heidelberg 1997, ISBN 3800511711 .
- Dieter Rabe / Kay-Uwe Bahnsen, Maritime Trade Law. Commercial Code, ancillary laws and international agreements. Commentary , 5th edition, Munich 2017, Verlag CH Beck

Web links

Institute for Maritime Law and Maritime Trade Law at the University of Hamburg

Individual evidence

↑ eurotransport.de : Canceled order: "We ask all customers to have extra freight as soon as the transport order is placed - unless the transport is so far away that no effort has yet been made", accessed on November 27, 2015
↑
HGB in the version that has been in effect since the law reforming maritime trade
law came into force on April 25, 2013. Until April 24, 2013, the cargo freight was regulated in § 580 ff. HGB old version, whereby the cargo freight regulations looked quite different in detail. For contracts concluded up to April 24, 2013, the old law continues to apply in accordance with the transitional regulation under Article 71 of the Introductory Act to the Commercial Code (EGHGB).
- The following applied until April 24, 2013: Pursuant to Section 580 of the old version of the German Commercial Code (HGB), the charterer had to pay half of the stipulated freight as freight freight before the start of the journey if he withdrew from the freight contract . If the ship was freighted for an outward and return journey, the carrier was entitled to two thirds of the freight as human freight in the event of cancellation by the freight forwarder in accordance with Section 583 HGB old version. If the carrier saved costs due to the termination by the carrier or if he had the opportunity to book other lots, the carrier was allowed to deduct an "appropriate fraction" from the freight. However, this was not allowed to exceed half the freight (cf. § 584 HGB old version). If the contractually agreed amount of cargo was not unloaded, the shipper had to pay for the part of the cargo that was not delivered (§ 588 HGB old version).

[1] urotransport.de : Canceled order: "We ask all customers to have extra freight as soon as the transport order is placed - unless the transport is so far away that no effort has yet been made", accessed on November 27, 2015

[2] HGB in the version that has been in effect since the law reforming maritime trade law came into force on April 25, 2013. Until April 24, 2013, the cargo freight was regulated in § 580 ff. HGB old version, whereby the cargo freight regulations looked quite different in detail. For contracts concluded up to April 24, 2013, the old law continues to apply in accordance with the transitional regulation under Article 71 of the Introductory Act to the Commercial Code (EGHGB).
The following applied until April 24, 2013: Pursuant to Section 580 of the old version of the German Commercial Code (HGB), the charterer had to pay half of the stipulated freight as freight freight before the start of the journey if he withdrew from the freight contract . If the ship was freighted for an outward and return journey, the carrier was entitled to two thirds of the freight as human freight in the event of cancellation by the freight forwarder in accordance with Section 583 HGB old version. If the carrier saved costs due to the termination by the carrier or if he had the opportunity to book other lots, the carrier was allowed to deduct an "appropriate fraction" from the freight. However, this was not allowed to exceed half the freight (cf. § 584 HGB old version). If the contractually agreed amount of cargo was not unloaded, the shipper had to pay for the part of the cargo that was not delivered (§ 588 HGB old version).

[3] The following applied until April 24, 2013: Pursuant to Section 580 of the old version of the German Commercial Code (HGB), the charterer had to pay half of the stipulated freight as freight freight before the start of the journey if he withdrew from the freight contract . If the ship was freighted for an outward and return journey, the carrier was entitled to two thirds of the freight as human freight in the event of cancellation by the freight forwarder in accordance with Section 583 HGB old version. If the carrier saved costs due to the termination by the carrier or if he had the opportunity to book other lots, the carrier was allowed to deduct an "appropriate fraction" from the freight. However, this was not allowed to exceed half the freight (cf. § 584 HGB old version). If the contractually agreed amount of cargo was not unloaded, the shipper had to pay for the part of the cargo that was not delivered (§ 588 HGB old version).