Chapter 40. Transportation.
Article 784. General provisions for carriage.
1. Transportation of goods, passengers and baggage is carried out on the basis of the contract of carriage.
2. The general conditions of carriage are determined by transport charters and codes, other laws and regulations issued in accordance with them.
The conditions of carriage of goods, passengers and baggage by certain types of transport, as well as the responsibility of the parties for these transportations, are determined by agreement of the parties, unless otherwise established by this Code, transport charters and codes, other laws and regulations issued in accordance with them.
Article 785. Contract for the carriage of goods.
1. Under the contract for the carriage of cargo, the carrier undertakes to deliver the cargo entrusted to him by the shipper to the point of destination and deliver it to the person (consignee) entitled to receive the cargo, and the sender is obliged to pay a fixed fee for the cargo transportation.
2. The conclusion of a contract for the carriage of cargo is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the cargo provided for by the relevant transport charter or code) to the sender of the cargo.
Article 786. The contract of carriage of a passenger.
1. Under the passenger carriage contract, the carrier undertakes to transport the passenger to the destination, and in the event of the passenger handing over the baggage, also deliver the baggage to the destination and give it to the person entitled to receive the baggage; the passenger undertakes to pay the fixed fare, and when checking in and for carrying the baggage.
2. The conclusion of the passenger carriage contract is certified by a ticket, and the passenger handing over the baggage check.
The forms of the ticket and baggage check are established in the manner prescribed by the transport charters and codes.
3. The passenger has the right in the manner prescribed by the relevant transport charter or code:
carry children for free or on other preferential terms;
carry with you free hand luggage within the established norms;
to deliver baggage for transportation according to the tariff.
Article 787. Chartering contract.
According to the chartering agreement (charter), one party (charterer) undertakes to provide the other party (charterer) for a fee with all or part of the capacity of one or more vehicles on one or more flights for the carriage of goods, passengers and baggage.
The procedure for entering into a charter contract, as well as the form of the said contract are established by transport charters and codes.
Article 788. Direct mixed message.
The relationship of transport organizations in the carriage of goods, passengers and baggage by different modes of transport on a single transport document (direct mixed message), as well as the procedure for organizing these transportations are determined by agreements between organizations of the respective types of transport concluded in accordance with the law on direct mixed (combined) traffic.
Article 789. Transportation by public transport.
1. A carriage by a commercial organization is recognized as carriage by public transport if it follows from a law or other legal acts that this organization is obliged to transport goods, passengers and baggage upon the handling of any citizen or legal entity.
The list of organizations that are obliged to carry out transportation recognized as transport by public transport is published in the prescribed manner.
2. A contract of carriage by public transport is a public contract (Article 426).
Article 790. Freight.
1. For the carriage of goods, passengers and baggage is charged a freight charge established by agreement of the parties, unless otherwise provided by law or other legal acts.
2. Payment for the carriage of goods, passengers and baggage by public transport is determined on the basis of tariffs approved in accordance with the procedure established by transport charters and codes.
3. Works and services performed by the carrier at the request of the cargo owner and not provided for by the tariffs are paid by agreement of the parties.
4. The carrier has the right to retain the goods and baggage transferred to it for carriage to secure the carrying charge and other payments for carriage (Articles 359, 360), unless otherwise provided by law, other legal acts, the contract of carriage or the substance of the obligation.
5. In cases when, in accordance with the law or other legal acts, privileges or advantages in terms of freight charges for the carriage of goods, passengers and baggage are incurred in connection with this expenses shall be reimbursed by the transport organization at the expense of the relevant budget.
Article 791. The supply of vehicles, loading and unloading of cargo.
1. The carrier is obliged to submit to the consignor of the goods for loading, within the period established by the application (order) received from him, the contract of carriage or the contract for the organization of carriage, serviceable means of transport in a condition suitable for the carriage of the relevant cargo.
The consignor has the right to refuse the submitted vehicles that are not suitable for the transport of the relevant goods.
2. Loading (unloading) of cargo is carried out by a transport organization or consignor (consignee) in the manner prescribed by the contract, in compliance with the provisions established by transport charters and codes and published in accordance with the rules.
3. Loading (unloading) of cargo, carried out by the forces and means of the sender (recipient) of the cargo, must be made within the terms stipulated by the contract, unless such terms are established by transport charters and codes and rules issued in accordance with them.
Article 792. Terms of delivery of cargo, passenger and baggage.
The carrier is obliged to deliver the cargo, passenger or baggage to the destination within the time specified in the manner prescribed by transport charters and codes, and in the absence of such dates within a reasonable time.
Article 793. Responsibility for violation of obligations on transportation.
1. In the event of non-fulfillment or improper fulfillment of obligations for carriage, the parties bear responsibility established by this Code, transport charters and codes, as well as by agreement of the parties.
2. Agreements of transport organizations with passengers and cargo owners on limiting or eliminating the carrier’s liability established by law are not valid, except for cases where the possibility of such agreements for the carriage of cargo is provided by transport charters and codes.
Section 794. Carrier Responsibility for Failure to Transport Vehicles and the Sender for Non-Use of Filed Vehicles.
1. The carrier for failure to supply vehicles for the carriage of cargo in accordance with the accepted application (order) or other contract, and the sender for other reasons not responsible for the cargo or non-use of the supplied vehicles for other reasons are responsible, established by transport charters and codes, as well as by agreement of the parties.
2. The carrier and consignor of the cargo shall be released from liability in the event of non-provision of vehicles or non-use of the supplied vehicles if this is due to:
force majeure, as well as other spontaneous phenomena (fires, drifts, floods) and military actions;
termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by the relevant transport charter or code;
in other cases stipulated by transport charters and codes.
Article 795. Responsibility of a carrier for delay in departure of a passenger.
1. For delay in departure of a vehicle transporting a passenger, or late arrival of such a vehicle to its destination (except for carriage in city and suburban messages), the carrier pays the passenger a fine in the amount established by the relevant transport charter or code, unless it proves that the delay or a delay was due to force majeure, troubleshooting vehicles that threaten the life and health of passengers, or other circumstances beyond the control of carrier.
2. If a passenger refuses to be transported due to a delay in departure of the vehicle, the carrier is obliged to return the freight to the passenger.
Article 796. The carrier’s liability for the loss, shortage and damage (or deterioration) of cargo or baggage.
1. The carrier is liable for the failure of the cargo or baggage to be preserved after it was accepted for carriage and prior to issue to the consignee, the person entitled to it or the person entitled to receive the baggage, unless it proves that the loss, shortage or damage (damage) of the cargo or baggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on it.
2. Damage caused by the carriage of goods or baggage is reimbursed by the carrier:
in case of loss or shortage of cargo or baggage - in the amount of the value of the lost or missing cargo or baggage;
in the event of damage (deterioration) of the cargo or baggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or baggage - in the amount of its value;
in the case of loss of cargo or baggage, handed over for transportation with the declaration of its value, in the amount of the declared value of the cargo or baggage.
The cost of cargo or baggage is determined on the basis of its price specified in the seller’s invoice or provided for by the contract, and if there is no invoice or price in the contract based on the price, which under comparable circumstances is usually charged for similar goods.
3. The carrier, along with the reparation of the established damage caused by loss, shortage or damage (spoilage) of the cargo or baggage, returns to the sender (recipient) the transport charge collected for transporting lost, missing, damaged or damaged cargo or baggage if this fee is not included cargo cost
4. Documents on the reasons for the non-preservation of cargo or baggage (a commercial act, an act of general form, etc.), drawn up by the carrier unilaterally, are subject to evaluation by the court in the event of a dispute along with other documents certifying circumstances that may serve as the basis for the carrier’s liability , the sender or the recipient of the goods or baggage.
Article 797. Claims and claims for the carriage of goods.
1. Before filing a claim with a carrier arising from the carriage of cargo, a claim must be presented to it in the manner prescribed by the relevant transport charter or code.
2. A claim against a carrier may be filed by the shipper or consignee in the event of a carrier’s complete or partial refusal to satisfy the claim or non-receipt of a reply from the carrier within thirty days.
3. The limitation period for claims arising from the carriage of cargo shall be one year from the time determined in accordance with transport charters and codes.
Article 798. Contracts on the organization of transportation.
The carrier and the cargo owner, if necessary, to carry out systematic transportation of goods may enter into long-term contracts for the organization of transportation.
According to the contract on the organization of the carriage of goods, the carrier undertakes to accept in a timely manner, and the cargo owner to present the goods for transportation in the stipulated volume. The agreement on the organization of the carriage of goods determines the volumes, terms and other conditions for the provision of vehicles and the presentation of goods for transportation, the payment procedure, as well as other conditions for the organization of transportation.
Article 799. Contracts between transport organizations.
Agreements on the organization of work to ensure the carriage of goods (hub agreements, contracts for the centralized delivery (export) of goods, and others) can be concluded between organizations of various types of transport.
The procedure for concluding such contracts is determined by transport charters and codes, other laws and other legal acts.
Article 800. Responsibility of the carrier for causing harm to the life or health of the passenger.
The carrier’s liability for harm caused to the life or health of a passenger is determined according to the rules of Chapter 59 of this Code, unless the law or the contract of carriage provides for increased carrier liability.
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