Given the dynamic changes in global supply chains, the timeliness of port operations is fundamental to the profitability of international trade. For importers and exporters, the key financial risks are demurrage costs, meaning fees for container demurrage at the port terminal beyond the agreed "free time," and detention, meaning fees for keeping a container outside the port (e.g., at the cargo recipient's) after the free period has expired. When these additional costs are generated by the negligence of a professional agent, such as a freight forwarder, the path opens for claims for damages under general and contractual terms.
Legal basis for the forwarder's liability
The legal relationship between the principal and the freight forwarder in the Polish legal system is based primarily on the provisions of the Civil Code governing the forwarding agreement. Also crucial in procedural practice is whether the forwarding agreement incorporates the General Polish Forwarding Conditions (GPR), which often specify or modify the scope of the freight forwarder's liability. According to the Civil Code, the freight forwarder is liable for the carriers and sub-freight forwarders they use to perform the order, unless they are not at fault in their selection. In practice, this means that the freight forwarder is obligated to exercise due diligence when selecting subcontractors, and the assessment of this diligence is based on their knowledge of the professionalism and quality of the services provided by the selected carrier. The freight forwarder is also obligated to take the necessary actions to protect the rights of the principal or their designated representative against the carrier or other freight forwarder, as well as to obtain a refund of unduly collected freight charges, customs duties, and other fees related to the transport of the shipment. This obligation may also include efforts to minimize and reimburse unjustified port charges. When the freight forwarder performs the carriage himself, he assumes the rights and obligations of the carrier. Compensation for loss, depletion, or damage to the shipment from its acceptance until its delivery to the carrier, sub-forwarder, principal, or person designated by them is limited to the normal value of the shipment, unless the damage resulted from the freight forwarder's willful misconduct or gross negligence. Beyond these specific regulations, the basis for the freight forwarder's liability for delays and port costs is the general principle of contractual liability for improper performance.
Typical factual situations that generate compensation claims
In practice, we most often encounter situations in which a freight forwarder's liability is questioned due to the following deficiencies. These include errors in documentation (so-called documentary discretion), such as delays in providing correct shipping instructions, incorrectly completing the bill of lading (Bill of Lading), or delays in notifying the shipment, which prevent the timely collection of the container. Another common problem is late land transport orders, i.e., failure to provide a road or rail carrier within the "time window" designated by the shipowner (so-called free time), which leads to demurrage charges. Also significant is informational omission, which involves failing to promptly inform the client about port obstacles or other circumstances hindering the timely execution of the order, preventing the client from taking action to mitigate the damage. It is worth noting that the freight forwarder is not generally liable for damage resulting from inadequate securing of the shipment if the person ordering the shipment did not inform him about the specific properties of the cargo that would require a special method of transport or securing, and this knowledge was not known or available to the freight forwarder.
Damage Components: Damnum Emergens and Lucrum Cessans
When seeking compensation from a freight forwarder, a business may seek reimbursement for both actual losses and lost profits. Actual losses primarily include fees charged by the shipowner for demurrage/detention, additional storage costs, and truck downtime costs. Lost profits, on the other hand, may include losses resulting from contractual penalties imposed by the final recipient of the goods or loss of margin caused by the contractor's withdrawal from the contract due to a delay in delivery. It is crucial that the business, bearing the burden of proof, demonstrates not only the existence and amount of the damage, but above all the existence of an adequate causal link between the freight forwarder's specific negligence and the charged port fees or incurred losses.
Limitations on liability and limitation periods for claims
It's worth noting that professional freight forwarders often limit their liability in regulations, such as the General Polish Forwarding Conditions. These limitations may apply to the amount of compensation, for example, by limiting it to the freight amount or specific units of account (SDR). However, it should be emphasized that if gross negligence or willful misconduct on the part of the forwarder is proven, such limitations may be challenged in court. Classifying conduct as gross negligence requires demonstrating a qualified lack of ordinary care in anticipating consequences, exceeding the basic principles of care, not merely a lack of due diligence. Another crucial aspect is the short statute of limitations for claims under a forwarding contract. Pursuant to the Civil Code, claims by the forwarding ordering party against the forwarder are subject to a one-year statute of limitations. This period begins on the date the forwarding order is completed.
Recommendations for entrepreneurs
To effectively secure claims and minimize the risk of freight forwarder liability, businesses are advised to adopt a proactive approach. Meticulous archiving of all correspondence with the freight forwarder is crucial – any delay in response, important information, and instructions should be documented by email or other durable medium. Furthermore, it is recommended to immediately verify all shipment documentation, checking the accuracy and completeness of data immediately upon receipt from the freight forwarder. If demurrage or detention costs arise, immediately filing a formal complaint, along with a demand for payment, clearly specifying the freight forwarder's negligence and the amount of damages incurred, is crucial to preserving the claim. It is important to remember that each case is individual and requires detailed legal analysis. In case of doubts or complex factual circumstances, it is always recommended to consult a lawyer specializing in transport and freight forwarding law.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of March 4, 2026.
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