Contract for the transportation of people by bus. Sample contract for the provision of transport services, concluded between legal entities

________________ "___" __________ 20___

_______________________________________________________________,
(name of the company carrying the passenger)

hereinafter referred to as the "Carrier", represented by _________________________

____________________________________________________________________,
(position, full name)

acting on the basis __________________________________________,
(Charter, regulations)

on the one hand, and _________________________________________________,
(Full name of the passenger, his passport data)

hereinafter referred to as the "Passenger", on the other hand, have entered into this agreement as follows.

1. The Subject of the Agreement. General provisions

1.1. In accordance with this agreement, the Carrier undertakes to carry the Passenger and his baggage _____________________________________
(name of baggage, its weight,

dimensions and other characteristics)

to the next destination: ______________________________________,
(Name)

issue baggage to the Passenger or another person authorized to receive it, and the Passenger undertakes to pay the established fare and baggage transportation.

1.2. The conclusion of this agreement is certified by a ticket, as well as a baggage receipt.

1.3. The passenger has the right in the manner prescribed by ___________

____________________________________________________________________:

transport children with them free of charge or on other preferential terms;

Carry hand luggage with you free of charge within the established norms.

1.4. The fare and baggage allowance is: _______________

1.5. Travel and baggage are paid in the following order and in

the following terms: __________________________________________________________

____________________________________________________________________.

1.6. The Carrier undertakes to deliver the Passenger and his baggage to the point of destination within the time period determined in the manner prescribed by _____________________________________.
(specify the transport charter or code)

1.7. Vehicle departure and arrival times:

____________________________________________________________________.

2. Liability for violation of transportation obligations

2.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties shall be liable under the Civil Code of the Russian Federation, the transport charter or the code.

2.2. The parties to this agreement for violation of their transportation obligations provide for the following liability: _____________

_____________________________________________________________________

____________________________________________________________________.

3. Responsibility of the Carrier for the delay in the departure of the passenger

3.1. For a delay in the departure of a vehicle carrying a Passenger, or a delay in the arrival of such a vehicle at its destination (except for transportation in urban and suburban communications) The Carrier shall pay the Passenger a fine in the amount established by ______________________________________________,
(specify the transport charter or code)

if it does not prove that the delay or delay occurred due to force majeure, elimination of malfunctions of vehicles that threaten the life and health of passengers, or other circumstances beyond the control of the Carrier.

3.2. If the Passenger refuses to be transported due to a delay in the departure of the vehicle, the Carrier is obliged to return the carriage fee to the Passenger.

4. Responsibility of the Carrier for loss, shortage and damage (spoilage) of baggage. Liability of the Carrier for causing harm to the life or health of the Passenger

4.1. The Carrier is responsible for the safety of baggage that occurred after accepting it for carriage and before issuing it to the Passenger or a person authorized to receive the baggage, unless it proves that the loss, shortage or damage (spoilage) of the baggage occurred due to circumstances that the Carrier could not prevent and eliminate which did not depend on him.

4.2. Damage caused during the carriage of baggage shall be compensated by the Carrier in the following amount:

• in case of loss or shortage of baggage - in the amount of the value of the lost or missing baggage;
• in case of damage (spoilage) of baggage - in the amount by which its value has decreased, and if it is impossible to restore damaged baggage- in the amount of its value;
• in case of loss of baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the baggage.

The value of luggage is determined based on its price indicated in the Seller's invoice, and in the absence of an invoice - based on the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for the established damage caused by the loss, shortage or damage (spoilage) of baggage, returns to the Sender the carriage fee charged for the carriage of the lost, missing, spoiled or damaged baggage.

4.4. Documents on the reasons for the baggage (commercial act, act of general form, etc.), drawn up by the Carrier unilaterally, are subject to evaluation by the court in case of a dispute, along with other documents certifying the circumstances that may serve as the basis for the liability of the Carrier, the Sender or the Recipient of the baggage .

4.5. The Carrier is liable for harm caused to the life or health of the Passenger, in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.

5. Final provisions

5.1. In everything else not regulated in the agreement, the Parties will be guided by the norms of the Civil Code of the Russian Federation, as well as the norms of ____________________

____________________________________________________________________.
(name of transport charter or code)

5.2. The contract is drawn up in _____ copies.

5.3. Addresses of the Parties:

Carrier: __________________________________________________________

_____________________________________________________________________

Passenger: ________________________________________________________
(Full Name)

passport: series _____________, number _______________, issued by __________

_____________________________________________________________________

address: ______________________________________________________________

Carrier Passenger

_____________________ _____________________

AGREEMENT No. 1

paid services

Volgograd "__" ______________ 2013

LLC "A T", hereinafter referred to as "Executor", in the face Director General E.R.V., acting on the basis of the Charter on the one hand, and Romashka LLC, hereinafter referred to as "Customer", represented by the General Director G.D.A., acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have concluded this agreement as follows:

1. Concepts used in the contract
   1. Contractor - a person who organizes transportation by passenger vehicles owned by third parties, cargo and passengers on behalf of the Customer.
   2. Customer - a person interested in receiving services for the organization of transportation of goods and passengers by car, who has concluded an agreement with the Contractor for the organization of transportation of goods and passengers by car.
   3. Carrier - a person carrying out the transportation of goods and passengers on a personal passenger car, registered in the automated system of the Contractor.
   4. Organization of transportation - a paid service of the Contractor, which consists in evaluating the Customer's application, determining and agreeing on the quantity, brand and other specifications passenger vehicles, terms and place of delivery of passenger vehicles, route and other conditions, search using automated systems of the Contractor for passenger vehicles owned by third parties that meets all the conditions established by the Customer, providing the Customer at the time and place specified in the Customer's application of passenger vehicles.
   5. Transportation - a paid service of the Carrier, which consists in obtaining information about the Customer's application from automated system of the Contractor, preparation of a boarding pass, movement of goods and passengers of the Customer on a car owned by the Carrier from one point to another, according to the Customer's application.

1. Subject of the contract

2.1. The Contractor undertakes to provide the Customer with transportation services in the manner and on the terms provided for in this Agreement, and the Customer undertakes to pay for the services rendered to him in the amount and terms, in accordance with the terms of this Agreement.

1. Obligations of the parties

2.1. The Contractor undertakes

2.1.1. Provide services for the organization of transportation of passengers and cargo based on the requests of the Customer.

2.1.2. Look for Carriers for transportation who own passenger vehicles that meet the requirements of the Customer, set out in the Customer's application.

2.1.3. Organize the supply of vehicles at the time and place specified in the application by the Customer.

2.1.4. In the event of a change in tariffs for the Contractor's services, notify the Customer about this by posting information about the change in tariffs for transportation services on the pages of the Contractor's Internet site located at: www…. at least ten days prior to their entry into force.

2.2. Oblige the Carrier to record the fact of the provision of transportation services with the signature of the boarding pass for each trip, in two copies. The first copies of the coupon are transferred by the Carrier to the Contractor and kept by the Contractor and are the basis for compiling a register of services rendered by the Contractor to the Customer and by the Carrier to the Customer. The second copy remains with the Customer's representative specified in the Customer's application, who will be directly in the Carrier's passenger car after the provision of the transportation service. The boarding pass form is agreed by the parties in Appendix No. 2 to this Agreement, which is its integral part.

2.3. Provide the Carrier with mileage tracking devices.

2.4. The customer undertakes

2.4.1. Send applications to the Contractor no later than 30 minutes before the time of delivery of passenger vehicles. The customer submits the application by phone (8442) XX-XX-XX.

2.4.2. The Customer's application must contain the following information:

A codeword;

FULL NAME. representative of the Customer, to whom the boarding pass must be handed over.

Place and time of delivery of passenger vehicles;

Destination, number of passengers, volume and mass of cargo;

Other conditions.

2.4.3. Make payment for the services rendered by the Contractor and the Carrier in the amount and within the time limits stipulated by the terms of this Agreement.

2.4.4. Pay the cost of parking in car parks while using passenger vehicles, subject to the Carrier presenting supporting documents (checks, receipts, etc.).

2.4.5. Provide the Contractor with a code word, which is the basis for the acceptance of the Customer's application for execution by the Contractor.

2.4.6. The code word is valid by agreement of the parties from the day following the day the Contractor receives a written notice from the Customer containing the code word until the termination of this agreement.

2.4.7. If necessary, the Customer provides a new code word, which is valid from the day following the day the Contractor receives a written notice from the Customer about the change in the code word.

2.4.8 Before the change, the Customer indicated the code word ____________________.

2.4.9. Before the start of the trip, the Customer's representative specified in the Customer's application is obliged to present documents confirming his identity and sign both boarding passes, indicate in the coupons the time and place of receipt of passenger vehicles, final destination disembarking passengers or unloading cargo. At the end of each trip, the Customer's representative specified in the Customer's application must indicate in boarding pass, mileage, arrival time, cost of the service. The cost of the service is calculated according to the tariffs placed in Appendix No. 1 to this agreement, which is an integral part of it. The absence in the boarding pass of an indication of the mileage, time of arrival, and the cost of the service is not a reason to believe that the service has not been provided. In this case, the mileage is determined using the technical means of the Contractor, and the cost is calculated according to the tariffs placed in Appendix No. 1 to this agreement, which is an integral part of it.

The Customer does not object if the starting and ending point in the boarding pass is indicated by the Contractor or the Carrier before the start of the provision of transportation services.

3. Delivery and acceptance of services

3.1. The fact of the provision of services is formalized by signing the Services Acceptance Certificate by the parties.

3.1.1. The Contractor sends the Customer no later than the last working day of the calendar month the Service Acceptance Certificate, drawn up on the basis of the register of services provided, using the postal service or through the representative of the Contractor to the Customer's address specified in this agreement, and the Customer within 5 (five) working days upon receipt, signs the Services Acceptance Certificate and sends one copy of the Services Acceptance Certificate to the Contractor using registered mail or through the Customer's representative.

3.2. If there are disagreements on the Service Acceptance Certificate sent by the Contractor, the Customer shall send its reasoned objections to the Contractor in writing using registered mail no later than 5 (five) business days after receiving the Service Acceptance Certificate from the Contractor. In this case, the Parties shall reconcile the settlements, followed by the drawing up of an Act of reconciliation of mutual settlements, signed by the parties.

3.3. If the Customer fails to send the signed Service Acceptance Certificate or reasoned objections to the Contractor within the prescribed period, the services rendered are considered accepted by the Customer in full.

4. Settlements under the contract

4.1. Payment for services under this Agreement is made on the basis of acts of acceptance and delivery of services, invoices issued to the Customer on the last business day of the calendar month, for actually rendered services.

4.2. The services rendered by the Contractor are paid by the Customer within 3 (three) banking days from the date of receipt by the Customer of the invoice issued by the Contractor by transfer Money By non-cash payment to the Contractor's bank account.

4.3. The amount of payment for the services performed is determined on the basis of the tariffs specified in Appendix No. 1 to this Agreement, which is its integral part, as well as the register of services rendered. Tariffs are indicated excluding VAT.

4.4. Together with the invoice, the Contractor sends the Customer a register of services rendered, containing: date, time, route and cost of services rendered. The specified information is transmitted by fax or e-mail and accepted by the parties on a par with documents executed in simple written form.

4.5. When concluding this Agreement, the Customer transfers a security deposit to the account of the Contractor in the amount of 3500 (three thousand five hundred) rubles. In case of delay in payment of invoices issued to the Customer, the Contractor has the right to withhold the amount of delay from the security deposit. In the event that the amount of the security deposit is exhausted, the Contractor has the right to suspend the provision of services under this Agreement, up to the full repayment by the Customer of the existing debt and replenishment of the security deposit to the specified amount.

5. Responsibility of the parties.

5.1. In case of non-fulfillment or improper fulfillment of obligations arising from this agreement, the parties bear mutual material and other liability in accordance with the current legislation of the Russian Federation.

5.2. For each day of delay by the Customer in payment for the services rendered, the Customer shall pay the Contractor a fine in the amount of 0.5% of the amount payable.

5.3. The Contractor shall not be liable for harm and damage caused by the Carrier to third parties and / or the Customer in connection with the provision of services for the transportation of passengers or goods of the Customer.

6. Force majeure

6.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of circumstances that arose after the conclusion of this Agreement as a result of emergency circumstances that the parties could not foresee or prevent. In the event of such circumstances, each party must immediately notify the other party in writing of them. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the party to fulfill its obligations under this Agreement.

6.2. In cases of the occurrence of the circumstances provided for in clause 6.1, the deadline for the fulfillment by the party of obligations under this Agreement is extended in proportion to the time during which these circumstances and their consequences are in effect.

7. Dispute Resolution

7.1. All disputes and disagreements that may arise between the parties will be resolved through negotiations.

7.2. In case of failure to settle disputed issues amicably during the negotiation process, all disputes are resolved in the manner prescribed by the current legislation of the Russian Federation.

8. Privacy

8.1. The terms of this agreement and agreements (protocols, etc.) to it are confidential and not subject to disclosure.

8.2. The Parties take all necessary measures to ensure that their employees, representatives and successors, without the prior consent of the other party, do not inform third parties about the details of this Agreement and its annexes.

9. Final provisions

9.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 201__. If none of the parties declares its termination before the expiration of the agreement, the agreement will be extended for one year and also for subsequent years.

9.2. This Agreement may be amended or terminated by written agreement of the parties. In case of early termination of this agreement between the Parties, all necessary mutual settlements must be made.

9.3 The request to terminate the agreement must be sent to the Party using the postal service in writing, indicating the date of termination of the agreement.

9.4. In all other respects that are not provided for by this Agreement, the parties are guided by the current legislation of the Russian Federation.

9.5. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by duly authorized representatives of the parties.

9.6. This Agreement is made in two copies, having equal legal force, one copy for each of the parties.

10. Addresses, details and signatures of the parties.

Agreement on the organization of transportation No. 01/01/12 Moscow January 01, 2012 LLC "Contractor", hereinafter referred to as the "Contractor" represented by General Director ______________________ acting on the basis of the Charter on the one hand and LLC "Customer" represented by the General Director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Customer", on the other hand, collectively referred to as the "Parties", have concluded this agreement as follows: 1. Subject of the agreement 1.1. The Contractor undertakes to organize the performance of transportation in the manner and on the terms stipulated by the Agreement, and the Customer is obliged to pay for the services rendered to him in the amount and terms corresponding to the terms of this Agreement. 2. Rights, duties and responsibilities of the parties 2.1. Executor. 2.1.1. Undertakes to organize the performance of passenger transportation on the basis of the Customer's requests. 2.1.2. Undertakes to send technically sound vehicles that meet sanitary requirements for transportation. 2.1.3. Undertakes to deliver the car at the time and place specified by the Customer. In case of a violation of the time of car delivery - a delay of more than 30 minutes (subject to the Customer fulfilling clause 2.2.1), failure to fulfill the order (due to the fault of the Contractor), the Contractor provides the Customer with a compensatory trip in the amount of 1 hour of a trip around the city. 2.1.4. Undertakes to submit the type of car specified in the Customer's application. 2.1.5. In the event of a change in the tariffs for their services, notify the Customer in writing at least 10 (ten) calendar days before the start of their action. 2.1.6. The Contractor has the right to apply increasing coefficients to tariffs for the period new year holidays with obligatory notification of the Customer at least 7 (seven) calendar days prior to their application. 2.1.7. The Contractor has the right to transfer orders for the execution of transportation services to a third party, while remaining responsible for their execution. 2.1.8. In case of improper fulfillment of its obligations by the Customer to pay the invoice issued and received, as well as if the minimum total cost of orders for the reporting month in the amount of 3,000 (three thousand) rubles (including VAT) is not reached, the contractor has the right to suspend the execution of the contract or terminate it in unilaterally. 2. 2. Customer. 2.2.1. Undertakes to send applications to the Contractor by phone no later than 2 hours before the time of car delivery. 2.2.2. The application must contain the following information: place and time of submission of the vehicle; car type; destination; Name of the employee making the application; full name of the passenger; Additional services(if necessary). 2.2.3. Undertakes to pay the cost of parking in car parks during the use of transport, subject to the Contractor presenting supporting documents (checks, receipts, etc.). 2.2.4. The Customer provides the Contractor with a list of persons with personal passwords authorized to order vehicles. The Customer undertakes not to transfer this information to third parties and, for its part, appoints an employee responsible for maintaining the confidentiality of the information provided to the Contractor. In the future, the Customer has the right to change the list at its discretion. All changes are submitted to the Contractor in writing. 2.2.5. In the event of a change in the name of the organization, details, legal and actual addresses, notify the Contractor in writing within 10 (ten) working days. 2.2.6. Undertakes to pay for the Contractor's services in the amount specified in Appendix No. 1 of this Agreement and within the time limits specified in this Agreement, making the total number of orders for the reporting month in the amount of at least 3,000 (three thousand) rubles (including VAT). 3. Payment procedure and terms of payment 3.1. When concluding this Agreement, the Customer makes a one-time prepayment for the first month of service in the amount of at least 10,000 rubles. 3.2. The amount of payment for the services performed is determined on the basis of the tariffs specified, including 18% VAT, in Appendix No. 1 to the Agreement. Appendix No. 1 is an integral part of the Agreement. Minimum amount payment for orders must be at least 3,000 (three thousand) rubles, including VAT, for one reporting month. 3.3. Within 3 (three) working days after the end of the calendar month, the Contractor sends the Customer an act on the provision of services in the form of a list of trips indicating the date, time, route and cost of the services rendered by e-mail for verification. 3.4. The customer is obliged to reconcile trips within 5 (five) business days after he receives the act of providing services. If there are disagreements, the Customer sends reasoned objections to the Contractor in writing or orally. In case of agreement with the act on the provision of services, the Customer informs the Contractor about this. The Contractor transfers to the Customer the original act of the services rendered by means of a courier service or Russian Post. 3.5. The Contractor has the right to present invoices to the Customer once in a calendar decade if the cost of services for a given period exceeds 20,000 rubles. 3.6. Payment for services is made on the basis of invoices issued to the Customer after the end of the calendar month during which he used the services of the Contractor. The invoice is issued by the Contractor within 3 (three) working days after the agreement on the act on the provision of services, except for the cases provided for in paragraph 3.5 of this Agreement. 3.7. If the Customer violates the provisions of clauses 2.2.6 and 3.2 of this Agreement, the Contractor has the right to issue an invoice for the minimum fixed cost of orders for the reporting month in the amount of 3,000 (three thousand) rubles, which does not limit the right of the Contractor to suspend or terminate the Contract unilaterally. 3.7. The services rendered by the Contractor are paid by the Customer within 3 (three) days from the date of receipt of the invoice by transferring funds by bank transfer by payment orders to the settlement account of the Contractor. 3.8. In case of violation of the invoice payment deadline, the Contractor has the right to immediately and without notice suspend further provision of services to the Customer until the time of payment of the invoice by him, and in the future to provide services only on the terms of full prepayment. 4. Dispute resolution procedure 4.1. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the parties. 4.2. For improper performance of their duties, as well as in case of impossibility of resolving disputes through negotiations, the Parties shall be liable in accordance with the current legislation of the Russian Federation. 5. Special conditions 5.1. When working with the Customer, the Contractor's driver comes at his disposal. At the same time, guided by job description, the driver is responsible for both its execution and the execution of the instructions of the Customer, provided that they do not contradict the Rules traffic or other legal acts. 5.2. If the execution of the Customer's instructions entailed the imposition of penalties or losses, then they are subject to compensation by the Customer in accordance with the current legislation of the Russian Federation. 6. Duration of the contract 6.1. The Agreement comes into force from the moment of its signing by the Parties and is valid until the end of the current calendar year. In the future, the agreement is automatically extended for subsequent periods of 1 (one) calendar year, provided that neither Party notifies the other of the withdrawal from the agreement 30 days before the date of its expiration. The number of extensions is not limited. 6.2. The Agreement may be terminated at any time upon written notification of the other Party, while all necessary mutual settlements must be made between the Parties. 6.3. The Agreement is made in two copies, having the same legal force, one for each Party. 7. Addresses and details of the Parties Contractor: Customer: LLC "Contractor" OGRN TIN KPP Yu / a: R / s Bank c / s BIC General Director ______________ / ________________ /

The price of the contract for the carriage of a passenger. The price in the contract of carriage is understood as a freight charge. The payment for transportation by public transport is established on the basis of tariffs approved by state executive authorities or local governments. In other cases, the carriage fee is charged by agreement of the parties, unless otherwise provided by law or other legal acts.

There are categories of passengers who are exempted from making a carriage charge or who have certain privileges or advantages in respect of a carriage charge. The costs incurred in connection with this are reimbursed to the transport organization at the expense of the relevant budget (Article 790 of the Civil Code of the Russian Federation).

Parties to the passenger carriage agreement. The parties to the contract for the carriage of passengers are the carrier and the passenger. Carriers can only be commercial legal entities or individual entrepreneurs licensed to carry passengers.

Passengers can be any natural persons. Transport charters and codes contain definitions of the concept of "passenger". For example, according to Art. 2 UZT passenger is “a person who travels on a train with a valid travel document (ticket) or who has a travel document (ticket) and who is in the territory railway station, station or platform immediately before or immediately after said journey.

Form of a contract for the carriage of a passenger. The contract in question is in written form. The conclusion of a contract for the carriage of a passenger is certified by a ticket purchased, as a rule, earlier than the date and time of departure of the vehicle indicated in it. The form of the ticket is established in the manner prescribed by transport charters and codes.

Travel tickets may be in the form of bearer or registered documents. In the first case, the transport organization is obliged to fulfill the contract in respect of any passenger who presents a ticket upon boarding (transfer of a ticket to another person is allowed only before the start of transportation). In the second case, the transport organization is obliged to fulfill the contract in respect of the passenger whose name is indicated on the ticket (transfer of the ticket to another person is not allowed). Personalized tickets are used mainly on air transport and in trains (except commuter trains).

On certain types of urban transport, the contract may be concluded by the passenger's conclusive actions without issuing a ticket: passing through the turnstiles in the subway, paying for the fare with a token, magnetic card.

A lost or damaged travel ticket may be replaced by the carrier, if this is provided for by the relevant transport charters and codes. So, in accordance with Art. 82 UZHT, the carrier issues the passenger a travel document (ticket) in exchange for the lost or damaged one, if the passenger provides the necessary evidence of the purchase of the lost or damaged ticket for a specific seat on the corresponding train.

Types of passenger carriage contract. Passenger carriage contracts are subdivided by means of transport into railway, road, inland waterway, sea and air transportation.

Obligations of the carrier under the contract for the carriage of passengers.

Under the contract for the carriage of passengers, the carrier is obliged to:

1. Provide the passenger with a seat according to the ticket.

If the passenger is not provided with the seat indicated in the ticket, he/she has the right to:

• demand from the carrier to provide another seat, even if of a higher category, without charging an additional fee, and if the cost of a seat is lower than the cost of the purchased ticket, demand compensation for the difference in fare;
• extend the validity of the travel document and travel by the next vehicle;
• demand termination of the contract and refund of the fare if the passenger does not agree to the provision of another seat or departure by the next vehicle;
• demand the application of a measure of responsibility (compensation for damages).

2. Deliver the passenger to the destination within the time limits specified by the transport legislation.

As a rule, such terms are determined by the timetable of the corresponding mode of transport. If specific deadlines are not set, the carrier is obliged to deliver the passenger to the destination within a reasonable time (Article 792 of the Civil Code of the Russian Federation).

In the event of a delay in the departure of a vehicle carrying a passenger, or a delay in the arrival of such a vehicle at the destination (except for transportation in urban and suburban traffic), the passenger has the right to:

• demand the application of liability measures: payment of a fine in the amount established by transport charters and codes, compensation for other losses, as well as compensation for moral damage;
• demand a refund of the carriage fee (in case the passenger refuses to be transported due to a delay in the departure of the transport).

The carrier is released from liability if it proves that delays or delays occurred due to:

• force majeure;
• elimination of malfunctions of vehicles that threaten the life and health of passengers;
• other circumstances beyond the control of the carrier (Clause 1, Article 795 of the Civil Code of the Russian Federation).

3. Enforce other rights of the passenger.

According to paragraph 3 of Art. 786 of the Civil Code of the Russian Federation, the passenger has the right, in the manner prescribed by the relevant transport charter or code:

• transport children with them free of charge or on other preferential terms;
• carry hand luggage with you free of charge within the established norms (under hand luggage refers to the personal belongings of a passenger, which, due to their size and weight, can be easily placed in places specially designated for them in a train carriage, aircraft cabin, sea ​​vessel, other vehicles);
• check in baggage for transportation for a fee at the rate.

The current statutes and codes provide passengers with more rights, in particular:

• the right to stop en route and change the route without changing the destination (art. 83 UZHT);
• the right to free use of the services of rest rooms, rooms for mother and child, as well as a place in a hotel during a break in transportation due to the fault of the air carrier or in case of forced delay of the aircraft (clause 2, article 106 of the VC);
• the right to take a free seat in a carriage of a higher category along the route in the manner prescribed by the transportation rules (Article 83 of the UZhT), etc.

The passenger has the right to withdraw from the contract before the commencement of carriage. At the same time, forced (due to illness, flight delay, etc.) and voluntary refusal are distinguished. In the first case, the passenger is refunded paid for unused ticket money . The consequences in the second case are proportional to the amount of time remaining before the departure of the vehicle.

For example, in accordance with Art. 83 UZHT when returning unused travel ticket to travel by train long distance the passenger has the right:

• not later than eight hours before the departure of the train, receive back the fare, consisting of the cost of the ticket and the cost of the reserved seat;
• less than eight hours, but no later than two hours before the departure of the train, receive the cost of the ticket and 50% of the cost of the reserved seat;
• less than two hours before the train departure, get back the cost of the ticket (the cost of the reserved seat in this case is not paid).

If the passenger is late for transport, the passenger has the right to renew the travel document for another vehicle without additional payment or to receive back the fare or part of it. Specific consequences are set out in transport charters and codes. So, a passenger can renew the validity of a travel document (ticket) for another train, subject to additional payment of the cost of a reserved seat due to being late for a long-distance train within twelve hours or due to illness, an accident within five days from the moment of departure of the train for which the travel document was purchased ( ticket). And in case of cancellation of the trip - to get back the fare minus the cost of the reserved seat (Article 83 UZHT).

The procedure for filing a lawsuit against the carrier.

Unlike the carriage of goods, it is not necessary to comply with a preliminary pre-trial procedure when filing a claim against the carrier under a passenger carriage agreement. So, in rail and air transport, filing a claim against the carrier is considered as a right, and not as an obligation of the passenger (Article 126 of the VC, Article 122 of the UZhT).

In accordance with Art. Within 6 months from the date of the occurrence of the event that served as the basis for filing a claim, the passenger has the right to submit a statement to the carrier in case of loss, shortage, damage (spoilage) of baggage, delay in its delivery, as well as termination at the initiative of the carrier of the passenger air carriage agreement. The expiration of the 6-month period established by the VC gives the carrier the right not to accept a statement from the passenger about the violation of the air transportation agreement. But the carrier has the right to accept a claim if he recognizes a valid reason for missing the deadline for filing a claim (clause 2, article 126 of the VC). A similar rule is provided for in Art. 123 UZHT. With regard to the right to apply to the court, the judicial practice proceeds from the fact that missing the deadline for filing a claim is not a reason to refuse to accept statements of claim, as this is contrary to Art. 46 of the Constitution and the Consumer Protection Law.

When transported on inland waterway and road transport the mandatory claim procedure also applies to the carriage of passengers and baggage (Art. 161 KVVT, Art. 158 UAT). On the inside water transport Claims against carriers may be filed during the limitation period. In road transport, the claim periods are the same as for claims for goods: 45 days for claims related to the payment of fines, and six months in all other cases (Article 163 of the UAT). If the claim is rejected by the carrier or the answer to it is not received within the established time limits, the passenger has the right to apply to the court.

Obligations of a passenger under a contract for the carriage of a passenger.

The passenger under the passenger carriage contract is obliged to:

1. Pay the prescribed fare.

Payment is confirmed by travel documents (tickets). The passenger is obliged to have a travel document and present it on the way at the first request of persons authorized to check travel documents. Lost by passengers travel documents are not renewed if their restoration or identification cannot be confirmed by the carrier, and the money paid for them is not returned.

If a passenger evades fare payment, the carrier has the right to:

• demand the application of a measure of responsibility in the form of payment of a fine, the amount of which is determined by the legislation on administrative offenses;
• demand payment of the fare to the nearest station (port).

The passenger must purchase a ticket for further travel to the destination, otherwise he is removed from the flight (removed from the train).

2. Do not damage the transport property.

If the transport property was damaged by a passenger, the carrier has the right to demand the application of a liability measure:

payment of the cost of lost or damaged property in the manner prescribed by transport charters and codes, rules for the carriage of passengers.

3. Comply with the established rules of transportation.

The rights of the carrier and the responsibility of the passenger in case of non-compliance by the passenger with the rules of carriage are determined in the relevant rules.

A contract for the carriage of a passenger and baggage is an agreement by virtue of which the carrier undertakes to transport the passenger to the destination, and in the case of the passenger's baggage, also deliver the baggage: to the destination and give it to the person authorized to receive the baggage, and the passenger undertakes to pay the established fare , and when checking in baggage - for baggage transportation (Article 786 of the Civil Code of the Russian Federation).

2. Features of the contract. A passenger carriage contract is a special type of a carriage contract that has the following specific features:

The contract for the carriage of a passenger is a consensual contract;

Delivery of the passenger's baggage is formalized by a real contract (valid from the moment the baggage is handed over to the carrier);

The conclusion of contracts for the carriage of a passenger and baggage is certified, respectively, by a ticket and a baggage check in the form established by transport legislation;

The passenger has the right to carry children with him free of charge or on other preferential terms, as well as carry hand luggage with him free of charge within the established norms;

Passenger's rights individual also provided for by the Consumer Protection Act.

3. Responsibility of the parties. Under a passenger carriage agreement, in addition to the general grounds for the carrier's liability, the Civil Code of the Russian Federation and transport legislation also provide for special liability norms. So, for the delay in the departure of a vehicle carrying a passenger, as well as for the late arrival of such a vehicle at the destination (except for transportation in urban and suburban communications), the carrier pays a fine to the passenger. The amount of such a fine is determined by the relevant transport charter or code. For example, for rail transportation, such a fine is three percent of the fare for each hour of delay, but in general no more than the fare (Article 110 of the Charter of the Railway Transport of the Russian Federation), for air transportation - twenty-five percent of the minimum wage for each hour, but no more than half the cost flight (Article 120 of the Air Code), etc.

The carrier, according to the Civil Code of the Russian Federation, is released from liability for the delay in the departure of a vehicle carrying a passenger if it proves that the delay or delay occurred due to force majeure, the elimination of a malfunction of vehicles that threatens the life and health of passengers, or other circumstances beyond the control of the carrier (Article 795). In any case, the passenger refuses to be transported due to a delay in the departure of the vehicle, the carrier is obliged to return the carriage fee to the passenger.

The liability of the carrier for harm caused to the life or health of a passenger is determined by general rules compensation for harm (Chapter 59 of the Civil Code of the Russian Federation).

89.Contract for the carriage of goods

A contract for the carriage of goods is an agreement by virtue of which the carrier undertakes to deliver the goods entrusted to him by the sender to the point of destination and issue it to the person authorized to receive the goods (the recipient), and the sender undertakes to pay the established fee for the carriage of goods (Article 785 of the Civil Code of the Russian Federation).

The contract for the carriage of goods is the main transport contract that ensures the movement of goods. The contract is paid - the amount and procedure for the carriage fee is determined by the parties, and the fee for the transportation of goods (as well as passengers and luggage) by public transport is determined on the basis of tariffs approved in the manner established by transport charters and codes. Transportation carried out by a commercial organization is recognized as transportation by public transport, if it follows from the law, other legal acts that this organization is obliged to carry out the transportation of goods, passengers and luggage at the request of any citizen or legal entity. The contract for the carriage of goods by public transport is a public contract.

The reality of the contract for the carriage of goods follows from the need for the initial delivery of goods for transportation.

The subjects of the contract for the carriage of goods are the consignor, carrier and consignee, and the consignor and consignee may be the same person. Carrier (shipping company, Railway etc.) - a professional organization, a legal entity operating on the basis of a license. The subject composition of the contract for the carriage of goods qualifies this agreement as an agreement in favor of a third party - the consignee.

The consignee, not being a party to the contract of carriage, nevertheless has the following rights and obligations:

The right to demand the carrier to release the goods;

The right to claim compensation for damage due to loss, shortage or damage to cargo;

Obligation to accept the goods from the carrier.

The contract for the carriage of goods requires a written form. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.

The subject of the contract for the carriage of goods follows from the main obligation of the carrier - to deliver the entrusted goods to the destination and transfer them to the authorized person (consignee) on time. The legal status of the consignee, his main rights and obligations were discussed earlier.

The carrier is obliged to submit to the sender of the goods for loading within the time period established by the contract of carriage, serviceable vehicles in a condition suitable for the carriage of the relevant cargo. The sender of the cargo has the right to refuse submitted unsuitable vehicles.

The carrier and consignor of the cargo shall be released from liability for non-delivery of vehicles or non-use of submitted vehicles, if this happened as a result of:

Force majeure, as well as other natural phenomena (fires, drifts, floods) and hostilities;

Termination or restriction of the transportation of goods in certain directions, established in the manner prescribed in the Civil Code of the Russian Federation, the relevant transport charter or code (Article 794).