What the course covers
Article 5 of Ley 15/2009, on the contract for the land carriage of goods (LCTTM) requires freight forwarders, transport agencies and other intermediaries to contract in their own name. Doing so places them in the position of carrier towards their customer, answerable as such even where performance is subcontracted. The course begins there and sets aside any construction of the intermediary as an agent contracting on another's behalf.
Sessions cover the transport operator licence under article 119 of Ley 16/1987 on the organisation of land transport (LOTT). Contract drafting is worked through: scope of services, subcontracting, price and revision, insurance requirements, duration and termination. The Model Rules for Freight Forwarding Services issued by FIATA in 1996 and revised on 3 October 2019 are examined, together with how they are incorporated into the relationship.
One block addresses service level agreements: measurable indicators, liquidated remedies for failure, and how these sit alongside statutory compensation. These are read against article 46 LCTTM, which is mandatory against any reduction of the carrier's liability, while article 3 is headed "Naturaleza dispositiva" (default character of the rules). The closing block covers the actual carrier's direct action under the sixth additional provision of Ley 9/2013 and its effect on the contractual shipper.
Who it is for
Management and supervisors at logistics operators and forwarding companies, transport procurement managers at industrial shippers, traffic and administrative staff handling claims, and in-house counsel in the sector.
No prior legal training is required. Where agreed, sessions work on contracts and standard terms supplied by attendees.
Why it matters
An intermediary that believes it contracted on its customer's behalf still answers as carrier, with the duties and the limits of that regime. Standing to claim, the reach of the liability cover purchased and recourse against the subcontractor all turn on this.
Service level agreements operate alongside statutory compensation caps. Knowing which agreed remedy stacks on top of statutory compensation and which collides with a mandatory rule shapes how the contract is drafted and how a failure is later argued. The same reading governs the liability cover bought against that exposure.
Programme
- Article 5 LCTTM: contracting in own name and assuming the carrier's position
- Transport operator status and the article 119 LOTT licence
- FIATA Model Rules for Freight Forwarding Services (1996, rev. 3 October 2019) and incorporation
- Drafting the logistics contract: scope, subcontracting, price, insurance and termination
- Service level agreements: indicators, agreed remedies and the limits in articles 3, 46 and 57 LCTTM
- The actual carrier's direct action under the sixth additional provision of Ley 9/2013
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