68. AGREEMENT ON ORGANIZATION OF CARGO TRANSPORTATION. CHARTER CONTRACT (CHARTER). CONTRACT OF TRANSPORT EXPEDITION

Parties to the contract from the organization of cargo transportation - carrier and cargo owner.

Subject of this agreement - the carrier undertakes to accept, and the cargo owner - to present for transportation cargo in the stipulated volume.

A feature of this agreement is its long-term and systematic nature of transportation, therefore, the obligatory conditions of the agreement on the organization of transportation are the volumes, terms and procedure for providing vehicles and presenting goods for transportation, the procedure for settlements, etc.

Parties to the charter agreement - freighter and charterer.

Subject of this agreement - the charterer undertakes to provide the charterer for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods.

A sign of direct mixed traffic is transportation by different modes of transport under a single transport document. Currently, direct multimodal transportation is regulated by transport charters and codes, as well as other regulations. If the carrier fulfills this condition, the sender is not entitled to refuse the submitted vehicles.

Parties to the contract of transport expedition - freight forwarder and client (consignor or consignee). The carrier itself can also act as a forwarder.

Subject contracts - the performance or organization of the performance of services by a freight forwarder related to the carriage of goods, for a fee and at the expense of the client. Given in paragraph 1 of Art. 801 of the Civil Code, the list of services that may be included in the subject of the contract of carriage is not exhaustive, but demonstrates the diversity of relations between the parties. These services include the conclusion by the freight forwarder on behalf of the client or on its own behalf of contracts for the carriage of goods, ensuring the dispatch and receipt of goods, obtaining documents, checking the quantity and condition of the goods, loading and unloading them, storing the goods, etc.

The responsibility of the freight forwarder is determined according to the general rules of the norms of Ch. 25 of the Civil Code, including Art. 393, 401 GK. Rule Part 2 Art. 803 of the Civil Code is due to the close relationship between the contract of transport expedition and the contract of carriage.

The responsibility of the client for failure to fulfill the obligation to provide the forwarder with the information specified in paragraph 1 of Art. 804 of the Civil Code, is determined by the rules of Ch. 25 GK.

As a general rule, Art. 805 of the Civil Code, the forwarder has the right, unless it is prohibited by the contract, to involve other persons in the performance of his duties, remaining responsible to the client for the execution of the forwarding contract by the involved persons.

A feature of the transport expedition agreement is the right of participants to unilaterally refuse further participation in it.

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