Carrier Liability Notice Template (Haftbarhaltung)

A Haftbarhaltung (liability notice) formally holds a carrier or forwarder liable after transport damage: you notify the damage within the deadline, assert the claim on its merits, and require your contractual partner to report the case to their liability insurer. This free template contains the ready-made declaration text and every field you need – fill it in, send it, deadline preserved.

When does the liability notice have to go out?

The notification deadlines decide your evidential position (§ 438 HGB, internationally Art. 30 CMR):

• Externally visible damage: notify at delivery at the latest – ideally as a reservation on the delivery note or proof of delivery, with the liability notice following immediately after.
• Concealed damage: within seven days of delivery in text form (under the CMR counted excluding Sundays and public holidays).
• Exceeded delivery deadline: within 21 days of delivery.

If the deadline is missed, the presumption applies that the goods were delivered complete and undamaged – the claim then becomes very hard to enforce.

What belongs in the liability notice?

The template has a dedicated field for each of these:

• Claimant and addressee (carrier or forwarder)
• Shipment/order number and consignment note or CMR number
• Pickup and delivery dates plus the day the damage was discovered
• Ground for the claim: damage, partial loss, total loss, or exceeded delivery deadline
• The pre-drafted declaration with deadline preservation, insurer notification, and reservation of further claims
• Damage description, preliminary claim amount, and value of the goods
• Enclosure checklist: photos, delivery note with reservation, damage report, proof of value, copy of the consignment note

How much is the forwarder liable for?

Liability is generally capped at 8.33 special drawing rights per kilogram of gross weight (§ 431 HGB, internationally Art. 23 CMR) – currently around €10 per kilo. For valuable goods that often does not cover the loss; then only a declared value in the transport order or cargo insurance helps. The caps only fall away in cases of intent or equivalent fault.

Liability notice, reservation, damage report – the right order

The liability notice is the last step of an evidence chain that starts at handover: a reservation on the delivery note ("accepted with reservation: 2 boxes crushed"), a damage report with photos of goods and packaging while the driver is present, then the liability notice in text form to your contractual partner. Goods and packaging stay unchanged until the claim is settled – carrier and insurer have a right of inspection.

Paper or digital?

Whether the chain holds is decided at delivery: without a time-stamped reservation, it is later word against word. A digital proof of delivery captures reservations with photo and GPS timestamp right at the handover – the liability notice then rests on complete evidence.