The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 40. Carriage
Article 784. General Provisions on Carriage
1. Cargoes, passengers and baggage shall be transported on the basis of the contract of carriage.
2. The general conditions of carriage shall be determined by transport charters and codes, other laws and rules issued in accordance with these laws. The conditions of the carriage of cargoes, passengers and baggage by particular transport vehicles, and also the liability of the parties for this transportation shall be determined by the agreement of the parties, unless otherwise stipulated by this Code, transport charters and codes, other laws and rules issued in conformity with them.
Article 785. The Contract of Carriage of Cargo
1. Under the contract of carriage of cargo the carrier shall undertake to deliver the cargo entrusted to him by the consignor to the point of destination and to release it to the person (consignee) authorized to receive it, while the consignor shall undertake to pay a fixed charge for the carriage of cargo.
2. The conclusion of a contract for the carriage of cargo shall be confirmed by the drawing up and issue of a consignment bill to the consignor of cargo (bill of lading or any other cargo document, stipulated by the relevant transport charter or code).
Article 786. The Contract of Carriage of the Passenger
1. Under the contract of carriage of the passenger the carrier shall undertake to transport the passenger to the point of destination, and in case of delivery of luggage to the point of destination and to issue it to the person authorized to receive it; the passenger shall undertake to pay the fixed charge for the journey and for the carriage of luggage in case of its registry.
2. The conclusion of a contract of the passenger carriage shall be certified with a ticket, while the booking of luggage by the passenger - with a luggage receipt. The forms of the ticket and the luggage receipt shall be established in the order, prescribed by transport charters and codes.
3. The passenger shall have the right in the order, prescribed by the relevant transport charter or code: to carry with himself his children free of charge or on other easy terms;
to carry with himself hand luggage free of charge within the limits of fixed norms;
to book luggage for carriage for a tariff charge.
Article 787. The Freight Contract
Under the freight contract (charter) one party shall undertake to provide to the other party (affreighter) for charge the entire or partial capacity of one or several transport facilities for one or several voyages or flights for the haulage of cargoes, passengers and baggage.
Procedure for the conclusion of a freight contract, and also the form of the said contract shall be established by transport charters and codes.
Article 788. Through Mixed Traffic
The mutual relations of transport organizations that carry cargoes, passengers and baggage with the aid of various transport vehicles under a single transport document (through mixed traffic), and also the procedure of the organization of this carriage shall be determined by the agreements between the organizations of the respective types of transport, concluded in keeping with the law on direct mixed (combined) carriage.
Article 789. Carriage by Public Transport
1. The carriage realized by a profit-making organization shall be recognized as the carriage by public transport, if it transpires from the law, other legal acts, that the said organization is duty-bound to effect the carriage of cargoes, passengers and baggage in case of an application by any individual or legal entity. The list of organizations which are obligated to effect the carriage to be recognized as the carriage by public transport shall be published in the established order.
2. The contract of carriage by public transport shall be a public agreement (Article 426).
Article 790. Payment for Carriage
1. Payment for carriage, fixed by the agreement of the parties, shall be collected for the transportation of cargoes, passengers and baggage, unless otherwise stipulated by the law or other legal acts.
2. Payment for the carriage of cargoes, passengers and baggage by public transport shall be estimated on the basis of the rates, approved in the order, established by transport charters and codes.
3. Works and services, performed or rendered by the carrier at the request of the cargo owner and not specified by rates, shall be paid by the agreement of the parties.
4. The carrier shall have the right to withhold the cargo and baggage, given to him for carriage, as security for the payments for carriage due to him (Articles 359 and 360), unless otherwise stipulated by the law, other legal acts, the contract of carriage or unless the contrary follows from the substance of the obligation.
5. In cases where the laws or other legal acts have introduced preferences for the payment for the carriage of cargoes, passengers and baggage, the expenses incurred in this connection shall be reimbursed by the transport organization from the resources of the appropriate budget.
Article 791. The Supply of Transport Vehicles, the Loading and Unloading of Cargo
1. The carrier shall be obliged to drive up serviceable transport vehicles in a condition fit for the carriage of cargo to the consignor for loading cargo in time, fixed by the order accepted from him, the contract of carriage or the agreement on the organization of carriage. The consignor of cargo shall have the right to waiver the supplied transport vehicles which are not fit for the carriage of cargo.
2. The loading (unloading) of cargo shall be carried out by the transport organization or the consignor (consignee) in the procedure, specified by the contract, with the observance of the provisions of transport charters and codes and the rules promulgated in compliance with them.
3. The loading (unloading) of cargo, realized by the forces and means of the consignor (consignee), shall be effected in the periods of time, stipulated by the contract, unless such periods have been fixed by transport charters and codes and the rules adopted in conformity with them.
Article 792. Time-limits for the Delivery of Cargo, Passengers and Baggage
The carrier shall be obliged to deliver cargo, passengers or baggage to the point of destination in the time-limits, fixed in the procedure, stipulated by transport charters and codes, and in the absence of such time-limits - within the reasonable period.
Article 793. Liability for Breaking the Obligations of Carriage
1. In case of default on the obligations of carriage or of improper discharge of such obligations, the parties shall bear liability, established by this Code, transport charters and codes, and also by the agreement of the parties.
2. Agreements between transport organizations and passengers or cargo owners on the limitation or elimination of the carrier's statutory liability shall be void, except for the cases when the possibility of such agreements is provided for by transport charters or codes for the carriage of cargo.
Article 794. The Carrier's Liability for Failure to Drive up Transport Vehicles and the Consignor's Liability for Non-use of Driven-up Transport Vehicles
1. For failure to drive up transport vehicles for the carriage of cargo in keeping with the accepted order or any other contract the carrier shall bear the liability, established by transport charters and codes and also by the agreement of the parties, and for failure to submit cargo or for non-use of driven-up transport vehicles for other reasons the consignor shall bear the liability, established by transport charters and codes, and also by the agreement of the parties.
2. The carrier and the consignor shall be released from liability in case of failure to drive up transport vehicles or of non-use of driven-up transport vehicles, if this was due to the following reasons: force majeure, and also other elements (fires, snow-drifts, floods) and hostilities;
the termination or limitation of the carriage of cargo in certain directions, which has been practiced in the order, prescribed by the respective transport charter or code;
in other cases, provided for by transport charters and codes.
Article 795. The Liability of the Carrier for the Delayed Dispatch of the Passenger
1. For the delayed dispatch of the transport vehicle which carries the passenger or for the late arrival of such transport vehicle at the point of destination (except for carriage in urban or suburban communication) the carrier shall pay a fine to the passenger in the amount, fixed by the corresponding transport charter or code, unless he proves that the delay or lateness have taken place due to force majeure, the removal of the malfunction of transport vehicles threatening the lives and health of passengers or due to other circumstances beyond the carrier's control.
2. If the passenger refuses to be carried because of the delayed dispatch of a transport vehicle, the carrier shall be obliged to return the fare to the passenger.
Article 796. The Liability of the Carrier for the Loss and Short Delivery of, and Damage to, Cargo or Baggage
1. The carrier shall be liable for the non-safety of cargo or baggage after it was accepted for carriage and before it was issued to the consignee, the person authorized by him or the person authorized to receive baggage, unless he proves that the loss and short delivery of, or damage to, cargo or baggage have taken place due to the circumstances which the carrier could not prevent and whose removal has not depended on him.
2. The damage caused during the carriage of cargo or baggage shall be recovered by the carrier in the following cases: in case of the loss or short delivery of cargo of baggage - in the amount of the value of the lost or missing cargo or baggage;
in case of the damage to cargo or baggage - in the amount of the sum by which its value fell, and if it is impossible to restore the damaged cargo or baggage - in the amount of its value;
in case of the loss of cargo or baggage delivered for carriage with the announcement of its value - in the amount of the announced value of cargo or baggage.
The value of cargo or baggage shall be determined on the basis of its price, indicated in the seller's bill or envisaged by the contract, and in the absence of a bill or with reference to the price in the contract in terms of the price which under comparable circumstances is usually charged for similar goods.
3. In addition to the restitution of the ascertained damage, caused by the loss and short delivery or, or damage to, cargo or baggage, the carrier shall return to the consignor (consignee) the payment for carriage, recovered for the carriage of the lost, missing, spoiled or damaged cargo or baggage, if this payment is not a part of the value of cargo.
4. Documents on the causes of the non-safety of cargo or baggage (commercial report, general form statement, etc.), compiled by the carrier unilaterally, shall be subject to the appraisal by the court in case of a dispute in addition to other documents certifying the circumstances, which can serve as a ground for the liability of the carrier, consignor or consignee of cargo or baggage.
Article 797. Claims and Suits in the Carriage of Cargoes
1. Before bringing a suit against the carrier that follows from the carriage of cargo it is obligatory to make a claim on him in the procedure stipulated by the respective transport charter or code.
2. A suit against the carrier may be brought by the consignor or consignee in case of a full or partial refusal of the carrier to satisfy the claim or in case of non-receipt of a reply from the carrier within 30 days.
3. The period of limitation on the claims following from the carriage of cargo shall fixed in one year since the time, determined in keeping with transport charters and codes.
Article 798. Contracts for the Organization of the Carriage of Cargo
In case of need for systematic carriage the carrier and the cargo owner may conclude long-term contracts for the organization of carriage.
Under the contract of the organization of the carriage of cargo the carrier shall undertake to accept in fixed time-limits, while the cargo owner shall undertake to present cargo for carriage in the stipulated scope. The contract for the organization of the carriage of cargo shall determine the amounts, time-limits and other conditions for the provision of transport facilities and for the presentation of cargo for carriage, the procedure of payments, and also other conditions for the organization of carriage.
Article 799. Contracts Concluded Between Transport Organizations
Contracts for the organization of the work of ensuring the carriage of cargo (complex agreements, contracts for centralized delivery of cargo and others) may be concluded between the organizations of different kinds of transport.
Procedure for the conclusion of such contracts shall be determined by transport charters and codes, other laws and other legal acts.
Article 800. The Carrier's Liability for the Infliction of Harm to the Life and Health of a Passenger
The liability of the carrier for the harm inflicted to the life and health of a passenger shall be determined according to the rules of Chapter 59 of this Code, unless the law or the contract of carriage provides for the carrier's increased liability.
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