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Civil law. Part II. Rights and obligations of the parties under the contract for the carriage of passengers and baggage and under the transport expedition contract (the most important)

Lecture notes, cheat sheets

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56. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE CONTRACT OF CARRIAGE OF PASSENGERS AND BAGGAGE AND UNDER THE CONTRACT OF TRANSPORT FORWARD

Contract for the carriage of passengers and baggage Obligations of the passenger: purchase a ticket, keep it until the end of the trip and present it to authorized officials along the way; pay a fine for ticketless travel in the prescribed amount; comply with the established rules of transportation.

Passenger rights: take a seat according to the ticket; transport children with you free of charge or on preferential terms; carry hand luggage with you free of charge within the established norms; check in baggage for transportation for a fee at the rate; demand payment of a fine to him by the carrier in case of delay in departure or late arrival of the vehicle carrying him; refuse transportation due to a delay in the departure of the vehicle and receive a carriage charge from the carrier; receive compensation from the carrier for the harm caused to his life and health.

Carrier Responsibilities: transport the passenger to the destination within the time period stipulated by the contract or within a reasonable time; return the money to the passenger for the unused ticket in case of forced refusal of the passenger from transportation, as well as pay him a fine for the delay in departure or late arrival of the vehicle; be liable for harm caused to the life or health of a passenger according to the rules of Ch. 59 of the Civil Code, if the law or the contract of carriage does not provide for increased liability.

Freight Forwarding Agreement Forwarder's obligations:

▪ organize the transportation of cargo by a certain type of transport along the route chosen by the client or himself;

▪ enter into a contract for the carriage of goods on your own behalf or on behalf of the client;

▪ ensure dispatch and receipt of cargo at the agreed location, etc.;

▪ the following may be included as additional responsibilities: obtaining documents required for exporting or importing cargo; fulfillment of customs or other formalities; checking the quantity and condition of the cargo; loading and unloading cargo; payment of duties, fees and other expenses; cargo storage; receipt of cargo at destination.

Key responsibilities of the client:

▪ transfer of cargo to the forwarder and receipt of it;

▪ reimbursement of freight forwarder expenses;

▪ provide the forwarder with documents and other information necessary for the forwarder (about the properties of the cargo, about the conditions of its transportation) (clause 1 of Article 804 of the Civil Code). If it is insufficient, supplement the information at the request of the forwarder (clause 2 of Article 804 of the Civil Code); failure to provide it gives the right to the forwarder not to begin fulfilling his duties (clause 3 of Article 804 of the Civil Code);

▪ is obliged to compensate the forwarder for losses incurred due to failure to provide the necessary information (clause 4 of Article 804 of the Civil Code).

The content of additional obligations of the client is determined by the specifics of each expedition contract.

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