Passenger and Baggage Agreement
Under the contract of carriage of the passenger, the carrier undertakes to transport the passenger to the destination, and in the event that the passenger passes the baggage, also deliver the baggage to the destination and issue it to the person authorized to receive the baggage. The passenger undertakes to pay the established fare for travel, and when handing over the luggage - and for the carriage of luggage (Article 786 of the Civil Code, Article 82 of the UZhT, Article 103 VC).
Including in the single concept of the contract of carriage as the passenger, and his luggage does not mean the legal unity of these two contracts. These contracts can not be recognized as one contract, because their signs are different: the contract of carriage of the passenger is consensual, and the luggage transportation agreement is real. The difference between these agreements is also that the conclusion of passenger transportation contracts is certified by travel documents (tickets), and the delivery of luggage by passengers - baggage receipts .
The rights and obligations of the parties under the contract of carriage of the passenger are regulated in detail by the legislation. So, according to paragraph 3 of Art. 786 GK passenger has the right in the manner prescribed by the appropriate transport charter or code:
- carry children with you for free or on other preferential terms;
- carry with you free hand luggage within the established norms.
The law also provides for the passenger's right to hand over baggage for payment at a tariff (clause 3 of Article 786 of the Civil Code), which means that the carrier must have a conclusion with the passenger at the request of the last contract for the carriage of luggage.
Responsibility for the contract of carriage of a passenger is determined by the Civil Code and the relevant transport charters and codes that also govern the responsibility of the parties and the contract for the carriage of luggage.
According to paragraph 1 of Art. 795 Civil Code for the delay in the departure of the vehicle carrying the passenger, or the delay in the arrival of such a vehicle at the destination (with the exception of transportation in urban and suburban traffic), the carrier pays a fine to the passenger in the amount of , established by the appropriate transport charter or code.
If the passenger refuses to transport due to the delay in the dispatch of the vehicle, the carrier is obliged to return the freight charge to the passenger (clause 2, article 795 of the Civil Code).
Legislation (Clause 1, Article 795 of the Civil Code) establishes the circumstances that serve as the basis for exemption from liability for delay in the delivery of the passenger to the destination. These circumstances include:
• an irresistible force;
• Elimination of a vehicle's malfunction that threatens the life and health of passengers
• Other circumstances beyond the control of the carrier. Evidence of the existence of these circumstances rests with the carrier.
The service recipients in the contract for the carriage of passengers are citizens only, which makes it possible for the carrier to violate the provisions of the Consumer Protection Law.
A special place among transport contracts is occupied by contracts for the carriage of goods by individual modes of transport.
Contract for the carriage of goods by rail
The content of this agreement is a complex of rights and obligations of the carrier and the consignor. These rights and obligations are largely determined by the transport legislation: UZHT, the Rules governing certain types of transportation of goods by rail, as well as the contract of carriage itself.
Under the contract for railway transportation, goods can be transported both in local and in direct mail. Transportation in a local message is carried out within the same railway, and in a direct message - involving two or more iron roads that are part of a single network of railways of the United States and open to general use. The railway, which concluded the contract of carriage in a direct message, acts as the legal representative of all other railways participating in such a report.
Transportation of goods by rail is carried out in wagons and containers of carriers, other legal entities and individuals (Article 5 UZHT).
The railroad is obligated to supply serviceable wagons and containers for loading in a condition suitable for the carriage of the relevant cargo. If this requirement is not met, the consignor has the right to refuse from the wagons or containers lodged. The railway in this case is obliged to submit in exchange for the said cars, containers in good condition, wagons and containers suitable for the carriage of such goods (item 20 UZhT).
The suitability of wagons for the carriage of this cargo commercially is determined by the consignor or the railway, depending on which means the load is loaded.
When presenting the goods for transportation, the sender is obliged to submit for each shipment the goods he has drawn up the railway consignment note. This consignment note and the receipt on receipt of cargo confirm the conclusion of the contract of carriage of goods (Article 25 of the UZHT).
Some duties of the railway, conditioned by the fulfillment of the contract of carriage of the cargo, arise both during the transportation itself and at the final stage. So, the railway, upon the application of the consignor or consignee, is obliged to make readdressing the cargo being transported with the change of the consignee or destination station.
The duty of the railway is the notification of the consignee about the consignments arriving at his address no later than at 12 noon, following the day of arrival of the goods. The consignee may refuse to accept the goods if the quality of the goods due to damage, damage or other reasons has changed to such an extent that the possibility of partial or full use of such cargoes for the purpose is excluded (Article 34, 36 UZHT). The duty of the consignee is the final calculation of the carrier for the transport services rendered to him.
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