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Civil law. Part II. Concept, characteristics and elements of the contract for the carriage of passengers and luggage. Responsibility under the contract (the most important)

Lecture notes, cheat sheets

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55. CONCEPT, CHARACTERISTICS AND ELEMENTS OF THE CONTRACT FOR THE CARRIAGE OF PASSENGERS AND BAGGAGE. LIABILITY UNDER THE CONTRACT

On passenger carriage contract и baggage transportation the carrier undertakes to transport the passenger to the point of destination, and in the case of check-in by the passenger of the baggage, also deliver the baggage to the point of destination and issue it to the person authorized to receive the baggage, and the passenger undertakes to pay the established fare, and when checking in the baggage, also for the carriage of the baggage (Article 786 GK).

The conclusion of a contract for the carriage of a passenger is certified ticket, and baggage check-in by the passenger - baggage receipt.

This contract, unlike the contract for the carriage of goods, is consensual, and in case of transportation by public transport - public. Such contracts can be one-time or long-term.

Carriage charge currently regulated by tariffs established by the state, only for the carriage of passengers by rail and all types of public urban and suburban transport, and in other cases is determined by agreement of the parties.

Luggage carriage agreement is real, in case of transportation by public transport - public.

Relationships related to the carriage of luggage, as well as the carriage of a passenger, are subject to consumer protection legislation.

Baggage - things that are used for the passenger’s personal household purposes and are transported with him, but in the baggage car for an additional fee based on the passenger’s travel ticket. The carrier's obligation to transport baggage arises from the passenger carriage contract, but is formalized by a baggage receipt (clause 2 of Article 786 of the Civil Code).

Plateau for the carriage of baggage is collected at the time of its acceptance.

Period delivery of luggage is calculated by the time it takes the transport to reach the destination.

Luggage is issued to the bearer of the baggage receipt, and in case of its loss - provided that the passenger has proved his rights to receive it (in this case, the baggage is issued according to the act).

Luggage is stored at the destination free of charge only for a day, subsequent storage is carried out for a fee in accordance with the tariff. Luggage not received within 30 days is subject to sale, and the proceeds for it, minus the amounts due to the carrier, are transferred to the bearer of the baggage receipt within 6 months.

The carrier is responsible for the non-safety of cargo or baggage that occurred after it was accepted for transportation and before delivery to the consignee, unless he proves that the loss, shortage or damage (spoilage) of cargo or baggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him.

The carrier, along with compensation for the established damage caused by the loss, shortage or damage (spoilage) of cargo or baggage, returns to the sender (recipient) the carriage fee charged for the carriage of the lost, missing, spoiled or damaged cargo or baggage, if this fee is not included in the cost of the cargo .

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