Air transportation key concepts. Types of air transportation. ticket with a guaranteed departure date - during the entire period of transportation on the flight specified in the ticket

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Essay

Explanatory note ___ pages, 8 slides

Presentation of POWER POINT

Air transport, air transport, domestic and international air transport, scheduled air transport, charter, operator, air carrier.

Introduction
2.1.1 Transport of passengers
2.2 Carriage of baggage
2.2.2 Legal nature of the contract for air carriage of baggage
2.2.3 Parties to the contract for air carriage of baggage
2.2.4 Subject of the contract for air carriage of baggage
2.2.5 Acceptance of baggage for transportation. Conclusion of an agreement for air carriage of baggage
2.2.7 Term in the contract for air carriage of baggage
2.2.8 Issuance and storage of delivered baggage
2.2.10 Search of passengers and baggage
2.2.11. Contents of the contract for air carriage of passengers and baggage
2.2.12 Responsibilities of the carrier
2.2.13 Carrier rights
2.2.14 Passenger responsibilities
2.2.15 Passenger rights
2.2 Concept and elements of an air carriage agreement
2.2.1 The concept of an agreement for the carriage of goods by air
2.2.2 Legal nature of the contract for the carriage of goods by air
2.2.3 Parties to the contract for air carriage of cargo
2.2.4 The subject of the contract for air carriage of cargo is transport services for the movement and delivery of cargo entrusted to the carrier
2.2.5 Delivery of cargo for transportation
2.2.6 Acceptance of cargo for transportation. Conclusion of an air cargo transportation agreement
2.3.7 Price in the air cargo transportation contract
2.3.8 Term in the contract for air carriage of cargo
2.3.9 Contents of the contract for air carriage of cargo
2.3.10 Rights and obligations of the carrier
2.3.11 Rights and obligations of the shipper
2.3.12 Rights and obligations of the consignee
2.3 Analysis of the legal features of the air carriage agreement, improvement of the agreement
3. Environmental safety during air transportation
Conclusion
Bibliography

Introduction

Civil aviation is “a multifaceted manufacturing industry based on the most advanced achievements of science and technology, modern communication systems, management and new technologies.” As an important link in the national transport system, civil aviation ensures that the interests and needs of the economy and population in air transportation are met. Carrying out transportation of passengers, luggage and cargo for a fee by air- main activity of commercial civil aviation.

Civil aviation achieved the highest results in the field of air transportation activities by the end of the 80s of the 20th century: “until 1990, air transport in Russian Federation carried out more than a third of the volume of passenger traffic. Specific gravity air transport in the volume of civil aviation services of all countries of the world was about 53 percent." However, subsequently, due to the beginning of state-political and economic transformations in Russia, there was a decrease in the performance of civil aviation. Since the late 90s, civil aviation services due to The unfavorable ratio of air fares and per capita income was used by no more than 3 percent of the population, as a result of which civil aviation actually ceased to be a mass mode of transport.

In the last two years, positive trends have emerged, which have led to an annual increase in air traffic volumes by an average of 10 percent. The federal target program "Development of the Russian transport system (2010-2015)" provides for the restoration of the role of air transport in the country's transport system; ensuring reliable air service between all its regions and stable operation of air lines in areas poorly served by other modes of transport; increasing the accessibility of air services for all segments of the population; bringing the share of cargo and passenger traffic carried out on domestically produced new generation aircraft to 85 percent.

The implementation of the program will allow by 2015, compared to 2009, to increase the number of passengers transported by civil aviation aircraft of the Russian Federation by 58 percent; aviation mobility of the population by 59 percent (number of trips per 1 resident of Russia per year) and by 55 percent (number of passenger-km per 1 resident of Russia per year). In the context of reforming socio-economic relations, the solution of the tasks set for civil aviation in the near future in the field of increasing the volume of air traffic, improving the quality of services provided and many other important tasks to improve the efficiency of air transport “requires improvement of state (economic and legal) regulation in the field aviation activities".

In connection with the above, the relevance of the study of our chosen thesis topic is beyond doubt, since the regulation of legal relations arising in the process of air transportation activities is carried out by various branches of law, as a result of which there is no single regulatory framework regulating air transportation. In addition, the problem of legal regulation of activities in the provision of air transportation services is currently not sufficiently covered in the legal literature. This leads to the need to identify and analyze the regulatory framework for air transportation.

The development of the air transport services market brings to a significant place in importance the problem of studying civil legal relations that develop between air carriers and consumers of air transport services. This problem is relevant primarily in areas Far North and the Far East, where aviation is often the main or no alternative mode of transport.

The object of the study is the legal characteristics of air transportation.

The purpose of the thesis is to identify problems in current legislation and develop recommendations for its improvement.

To achieve this goal, it is necessary to solve the following main tasks:

1 explore the classification of types of air transportation and identify subjects of air transportation activities;

2 establish sources, determine and analyze the features of legal regulation of air transportation;

3 analyze the features of the elements of the contract for air carriage of passengers and baggage;

4 explore the specifics of the elements of the contract for the carriage of goods by air.

The normative basis of my thesis was the normative legal acts containing provisions regulating the general conditions for carrying out transport (including aviation) activities and transport obligations, as well as norms regulating (to a greater or lesser extent) the performance of air transportation. These include: 1 "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on December 6, 2011, as amended on June 27, 2012) (with amendments and additions coming into effect effective from 07/01/2012); "Civil Code of the Russian Federation (Part Two)" dated January 26, 1996 N 14-FZ (as amended on November 30, 2011) (as amended and supplemented, coming into force on January 1, 2012); "Air Code of the Russian Federation" dated March 19, 1997 N 60-FZ (as amended on December 6, 2011) (as amended and additionally entered into force on February 23, 2012); Federal Law of 01/08/1998 N 10-FZ (as amended on 07/23/2010) “On state regulation of aviation development”;

2 Decree of the Government of the Russian Federation dated December 5, 2001 N 848 (as amended on December 30, 2011) “On the Federal Target Program “Development of the Transport System of Russia (2010 - 2015)”;

3 Rules of international law applied in international air transport, including the “Convention for the Unification of Certain Rules Relating to International Carriage by Air” (together with the “Additional Protocol”) (concluded in Warsaw on 10/12/1929) (as amended. dated September 18, 1961) (hereinafter referred to as the Warsaw Convention).

The effectiveness of the project lies in the development of specific proposals for solving the problems of civil aviation in the provision of air transportation services in market conditions.

legal air transportation legislation

1. Air transportation: concept, types, sources of legal regulation

1.1 Concept and classification of types of air transportation, subjects of air transportation activities

In modern society, there are several completely independent types of transport. Their division is due to the difference in vehicles that are used to move cargo and passengers, as well as the different natural environment of their operation. The Russian transport system is a large and complex economic complex located throughout the country. It includes: land transport (railway, road), water transport (sea and river), air and pipeline.

The concept of "air transport" exists as an alternative to ground and aquatic species transport using a different medium for transportation. Air transport has certain advantages over other modes of transport: high speed of movement of passengers and cargo; shortening the route, which has a significant impact on saving time for the delivery of passengers and cargo; speed of air traffic organization; high maneuverability and adaptability of air transport to various transportation objects and their seasonal fluctuations. The special role of air transport is also determined by the regularity and versatility of transportation, regardless of the time of year and climatic conditions, high carrying capacity of aircraft.

“The term “air transport” is widely used in practice, denoting transport activities carried out in the airspace using aircraft as rolling stock.” The term “aviation” is traditionally used to refer to activities in airspace.

Activities in the field of aviation have various goals, objectives and means of its implementation. One of the most significant goals of aviation activities is activities aimed at satisfying the interests and needs of individuals and legal entities in air transportation, protecting their rights to safe, high-quality and economical air transportation. This goal is achieved through the use of civil aviation, which in turn is divided into general aviation, used free of charge, and commercial civil aviation. The main purpose of commercial civil aviation is to provide air transportation of passengers, baggage and cargo for a fee.

Air transportation is understood as “transport movement in the airspace of cargo or a person, carried out through the movement of an aircraft along an established air line (route).”

Traditionally, there are two main types of air transportation - domestic and international. Domestic air transportation means air transportation in which the point of departure, destination and all landing points are located on the territory of the Russian Federation. Air transportation is recognized as international, in which the place of determination and the place of destination, regardless of whether or not there is a break in transportation or overloading, are located respectively either on the territories of two states or on the territory of one state, if a landing point (points) is provided on the territory of another state .

Domestic air transport, in turn, can be regular or irregular; interregional and intraregional, as well as business and corporate.

Scheduled air transportation - transportation carried out on regular flights, that is, on aircraft flights operated in accordance with the schedule published in the prescribed manner, including transportation on additional flights, that is, on flights operated in addition to the scheduled dates and on the same route as the regular flight. Non-scheduled air transportation - transportation performed on non-scheduled (charter) flights, that is, on aircraft flights operated outside the published schedule in accordance with the air transportation agreement concluded between the customer and the airline or other operator.

Interregional air transportation - domestic air transportation (regular - scheduled and charter) on established air lines between points located in regions assigned to various regional departments of the Federal aviation service(FAS) of Russia (currently - Federal agency air transport of the Russian Federation). Intraregional air transportation - domestic air transportation (regular - scheduled and charter) on established air lines between points located in the region assigned to one regional department of the FAS Russia.

Business transportation - charter air transportation for legal entities and individuals, carried out on specially equipped civil aircraft with a number of passengers up to 15 people. Corporate transportation is air transportation performed by the owner of the aircraft (operator) on a non-commercial basis (to meet their own needs and requirements without obtaining commercial benefits).

International treaties and national legislation of states divide international air transport into two categories: scheduled and non-scheduled.

Regular air transportation is carried out through regular flights by airlines specially designated by the state along lines stipulated in the relevant international treaty. At the same time, after the state has appointed an airline to fly on the agreed routes, it must notify the other party to the agreement about this in writing. The latter, in turn, is often obliged to provide such an airline with operational permission to fly, provided that scheduling and tariff issues are agreed upon.

The Council of the International Civil Aviation Organization "in 1952 defined scheduled international air services as a series of flights which are operated through the airspace over the territory of more than one State by aircraft for the purpose of carrying passengers, cargo and mail for remuneration, each flight being open to any persons; they involve transport between the same two or more points, either in accordance with a published schedule or on flights so regular or frequent that they constitute an apparent systematic series."

Non-scheduled international air transport - "air transport carried out through non-scheduled (occasional, one-time) flights, that is, other than regular flights, carried out on a schedule with a certain frequency between certain points. The most common type of non-scheduled air transport is air charter." "Irregular flights are carried out on the basis of special permission, but in last years Some states have begun to enter into bilateral agreements on non-scheduled air services."

International air transportation between Russia and foreign countries outside the CIS - transportation performed on international flights to these countries and between these countries, i.e. on flights consisting of one or several international flight legs. Moreover, if there is a domestic leg on an international flight, this leg is considered international. A flight phase refers to the flight of an aircraft from the moment of takeoff until the next landing on a given flight.

International transportation between Russia and the CIS countries - transportation performed on flights to these countries, as well as between these countries. If there is a domestic leg on an international flight to the CIS countries, this leg is considered international with the CIS countries. In the case of a flight with landings both on the territory of the CIS countries and on the territory of other foreign countries outside the CIS, these transportations are considered as international between Russia and foreign countries outside the CIS.

Air transportation is carried out by air transportation entities with different legal status. The Air Code established the concepts of aviation enterprise, operator and carrier.

An aviation enterprise is a legal entity, regardless of its organizational and legal form and form of ownership, whose main goals of its activity are to carry out air transportation of passengers, baggage, cargo, mail and (or) perform aviation work for a fee. Operator - a citizen or legal entity who owns an aircraft, under lease or on another legal basis, uses this aircraft for flights and has an operator’s certificate (certificate). Carrier is an operator who has a license to carry out air transportation of passengers, baggage, cargo or mail on the basis of air transportation contracts.

As follows from the above definitions of subjects of air transportation activities, an aviation enterprise acts as a generic, generalizing concept, since, if it has the appropriate licenses and certificates, it can operate both as an operator and as a carrier. At the same time, to the number aviation enterprises Only commercial civil aviation operators operating on a reimbursable basis can be included.

The main distinguishing feature between an operator and a carrier is the different nature of their activities. An operator who does not have the appropriate license is entitled to carry out only non-commercial (corporate) transportation or other non-commercial activities in the field of aviation involving the operation of aircraft. According to Part 5 of Article 9 of the RF CC, having a license in this case is not necessary.

In accordance with Appendix No. 2 to the order of the Federal Aviation Service of March 18, 1998 No. 74 “On the implementation of additional licensing requirements,” air transportation entities are classified on the following basis:

a) air carriers - airlines federal significance with the right to perform international flights;

b) air carriers - airlines of regional significance with the right to operate international flights; c) local air carriers; d) business aviation carriers;

e) corporate aviation operators.

Air carriers - airlines of federal significance with the right to operate international flights (federal airlines) - air carriers performing the entire volume of scheduled transportation on international air routes to non-CIS countries, the majority (over 70%) of regular transportation to the CIS countries and interregional transportation, as well as international .

Air carriers - airlines of regional significance with the right to operate international flights (regional airlines) - air carriers that perform only interregional scheduled flights and seagulls, regular flights to the CIS countries, as well as international and domestic charter flights.

Air carriers of local significance (local air carriers) are air carriers that perform only intraregional transportation and part of interregional transportation on class 3-4 aircraft.

Business aviation carriers are air carriers that provide business transportation. Corporate aviation operators are operators performing corporate transportation.

1.2 Regulatory acts of the Russian Federation on air transportation

The functioning of transport can be ensured only if there is a well-organized legislative framework regulating relations arising in the transport services market, including both direct transportation activities and activities that provide transportation. At the same time, the legislative framework should be understood as the entire set of regulatory legal acts regulating transport activities.

Legal regulation of transport activities in the Russian Federation is “a set of norms of civil and transport legislation - an extensive multi-level system of voluminous comprehensive regulations governing the conditions and procedure for the activities of transport organizations.”

Transport legislation is complex in nature, taking into account the scale of the state, the length of transport routes and the complexity of their management. Complexity is achieved by combining the norms of private and public law within one legal act. As a result, a unified scheme for managing the corresponding mode of transport, methods of organizing transportation, conditions for maintaining vehicles, communication routes and, finally, the relationship between the parties to the transportation obligation are established.

In recent years, many types of transport, including air, have undergone corporatization (privatization through transformation into open joint-stock companies) or received the status of state or municipal unitary enterprises. In this regard, the organization and regulation of relations arising from their activities is carried out primarily by the norms of the Civil Code of the Russian Federation and other specialized codes, other federal laws, as well as acts of the President and Government of the Russian Federation.

In the Russian Federation, the main sources of legal regulation of relations arising in the process of air transportation activities are the norms of the Civil Code of the Russian Federation and the norms of the air legislation of the Russian Federation, which is an integral part of the transport legislation of the Russian Federation:

1 The Civil Code defines only the most fundamental rules relating to the transportation of goods, passengers and luggage by various modes of transport. Chapter 40 “Transportation” sets out the basic provisions for transportation, including the rules governing contracts for the carriage of goods, passengers and luggage, as well as the responsibility of participants in transportation. In the rest of the legal relations related to the transportation of goods, passengers and luggage, carried out by all types of transport, by virtue of the direct instructions of the Civil Code of the Russian Federation (Article 784), are subject to regulation to the extent that does not contradict the norms of Chapter 40, transport charters and codes, other laws and published in accordance with their rules.

2 Air legislation of the Russian Federation consists of the Air Code of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, federal rules of use airspace, federal aviation rules, as well as other regulatory legal acts of the Russian Federation adopted in accordance with them (Part 1 of Article 2 of the RF CC).

The Air Code contains a number of general provisions governing air transport, including: definition of carrier; types of air transportation; concepts of a contract for the air carriage of passengers and a contract for the air carriage of cargo; basic rights and obligations of the parties under the air carriage agreement.

The Federal Laws that make up the legal basis of air legislation, which are mentioned in Part 1 of Article 2 of the RF Air Code, include the Federal Law “On State Regulation of Aviation Development”. This Law defines the legal basis for state regulation of aviation development in the Russian Federation, establishes general provisions and measures of state regulation of aviation development (including civil), and features of economic relations in the field of aviation development. One of the main goals of the state development of aviation in the Russian Federation is to meet the needs of citizens and the state economy in air transportation.

The most important current problems affecting relations in the field of air transportation activities are embodied in the regulations of the President of the Russian Federation. By Decree of the President of the Russian Federation of July 7, 1992 No. 750 “On compulsory personal insurance of passengers” (as amended on July 22, 1998), in order to ensure the protection of the interests of citizens, compulsory personal insurance against accidents of air transport passengers was introduced on the territory of the Russian Federation flight time. Of particular importance is the Decree of the President of the Russian Federation "On state regulation and state support of civil aviation and aviation industry Russian Federation." This decree ordered the Government of the Russian Federation to submit for consideration to the State Duma of the Federal Assembly of the Russian Federation the draft of the currently valid Air Code of the Russian Federation (Article 1). Article 2 defined the scope of state regulation of the activities of civil aviation enterprises of the Russian Federation.

For the legal regulation of air transportation, the rules issued by the Government of the Russian Federation, as well as the relevant transport department, are of great importance. These Rules include:

a) Federal rules for the use of the airspace of the Russian Federation (approved by Decree of the Government of the Russian Federation of March 11, 2010 N 138 (as amended by Decrees of the Government of the Russian Federation of 09/05/2011 N 743 (as amended on 09/27/2011), dated 07/19/2012 N 735 ) These Rules contain rules governing activities for the use of airspace, including for the transportation of passengers, baggage, cargo. The term "use of airspace" refers, among other things, to activities during which the movement of aircraft in the airspace occurs. Air transportation is impossible without airspace users complying with these Rules.

b) Federal aviation rules for licensing activities in the field of civil aviation (approved by the Decree of the Government of the Russian Federation dated 05.05.2012 No. 457 "On licensing activities for the transportation of passengers by air and the transportation of goods by air (except for the case if the specified activity is carried out to meet the own needs of the legal entity) person or individual entrepreneur)", according to which activities for the implementation and provision of air transportation (domestic and international) of passengers, baggage and cargo on a commercial basis are subject to licensing.

Federal Aviation Regulations currently apply" General rules air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees", approved by Order of the Ministry of Transport of Russia dated June 28, 2007 N 82 (as amended on April 2, 2012) (Registered with the Ministry of Justice of Russia 27 .09.20 07 N10186 )

Federalaviationrules " Are commonrulesair transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees" (hereinafter referred to as the Rules) were developed in accordance with the Convention for the unification of certain rules relating to international air transport (Warsaw, October 12, 1929), a Convention supplementary to the Warsaw Convention, for the unification of certain rules relating to international air transportation carried out by a person who is not a carrier under the contract (Guadalajara, dated September 18, 1961), and Articles 102 and 106 of the Federal Law of March 19, 1997 N 60-FZ "Air Code of the Russian Federation" (hereinafter referred to as the Air Code of the Russian Federation) (clause 1 as amended by Order of the Ministry of Transport of Russia dated October 25, 2010 N 231).

These Rules are an important source of air legislation, since, in development and addition to the Air Code, they contain both general provisions (regulate the relationship of participants in air transportation, registration of transportation documentation) and special rules on transportation individual categories passengers, luggage, various types of cargo. A special place in the system of legal regulation of air transportation is occupied by acts of judicial authorities contained in documents Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, “The Law of the Russian Federation “On the Protection of Consumer Rights” also applies to international air transportation.”

1.3 International law on air transportation

Each state has complete and exclusive sovereignty over the airspace located within its land and water territory. In other words, the airspace within the specified limits is an integral part of the territory of the state. The legal regime of the state's airspace is determined by national legislation. However, at the same time, the state also takes into account those international obligations that relate to international air connections.

One of the features of the legal regulation of air transportation is that it is largely regulated by international treaties to which the Russian Federation participates. This feature is due to the fact that international air transportation, as one of the main types of air transportation in general, is associated with the activities of transport organizations in the territories of other states and in extraterritorial spaces. Such activities are regulated by international air law and ensured by the state of which the transport organization is a resident. In this regard, there is a need to study the norms of international law governing activities in the field of air transportation, as well as to identify their relationship with the norms of national legislation.

The Chicago Convention establishes the most general range of rules that apply to international air flights within state territory. These are laws and regulations: relating to the admission of foreign aircraft into the airspace of the state; relating to the procedure and conditions for navigation of aircraft operating international flights on established state air routes; related to the departure of aircraft outside the territory of a foreign state.

For international transportation, the rules established in the contracts of transport organizations that carry out such transportation and are residents of different states also apply. These agreements provide for carriers' compliance with the relevant requirements of national legislation on transportation and transport activities.

The Warsaw Convention regulates the conduct of scheduled air transport. In addition, this Convention unified the rules regarding transportation documents, established a general limitation period of two years, and also solved the problem of determining the court competent to hear cases of damage. The main achievement of the Warsaw Convention was the unification of rules relating to air carrier liability. The Warsaw Convention does not contain a definition of a carrier and left unresolved the issue of international air transportation by a person who is not a party to the contract. In this regard, to fill the relevant gaps in legal regulation, a convention was adopted that defined and differentiated the legal status of contractual and actual carriers.

The rules of international air law interact with the corresponding rules of domestic law. The Civil Code of the Russian Federation does not contain rules regulating international (including air) transportation. Legal relations in the field of such transportation are regulated in accordance with international treaties of the Russian Federation. The norms of international treaties of the Russian Federation have priority over the norms of Russian legislation, unless otherwise established by law. There are currently no such statutory exceptions regarding civil legal relations in the transport complex.

The regulatory framework for air transportation is a combination of domestic and international standards and rules governing relations in the sphere of operation of air transport in the airspace of a particular state and defining the main aspects of commercial activity in the field of civil aviation for the air transportation of passengers and cargo. The regulation and application of air transportation standards and rules directly depends on their type and the territory of flights by civil aircraft.

As one of the features of the set of regulatory legal acts on air transportation we are considering, we can name a significant impact on their development and current state international air law. International legal norms, interacting with the corresponding norms of domestic law, contribute to the development and harmonization of the regulatory framework of states using air lines of international importance and carrying out international cargo and passenger transportation. Therefore, the legal framework of the Russian Federation must be based on the experience of international cooperation and comply with international conventions and agreements.

2. Concept and types of air carriage agreement

2.1 Concept and elements of the contract for air carriage of passengers and baggage

Transportation of passengers, luggage and cargo is carried out on the basis of a contract of carriage. It follows from this that the legal basis for the air transportation of goods, passengers and luggage is the air transportation agreement, which is a general generic concept within which its individual varieties are distinguished: the air transportation agreement for cargo and the air transportation agreement for passengers and luggage.

2.1.1 Transport of passengers

Unlike other modes of transport, passengers occupy the first place in air transport. If there is a need to use airspace simultaneously by two or more airspace users, the right to use it is granted to users in accordance with state priorities, among which regular air transportation of passengers takes precedence over regular air transportation of cargo (Air Code).

Important indicators of the consumer properties of air passenger transportation are: speed and comfort of travel, speed of issuing travel documents, regularity of traffic, direct communication, level of service at air terminals (at airports) and aircraft.

2.1.2 The concept of a passenger air carriage agreement

The legislative definition of the contract for the carriage of a passenger in relation to all types of transport is given in Part 1 of Article 786 of the Civil Code of the Russian Federation: “Under the contract for the carriage of a passenger, the carrier undertakes to transport the passenger to the destination, and the passenger undertakes to pay the established fare.” As can be seen from this definition, such an agreement does not require the provision to the passenger, in accordance with the amount of payment, of the conditions, amenities and services stipulated by the agreement, which, in our opinion, would be useful to include in this definition. This omission is partially corrected in the Air Code, where, in accordance with the general definition of Part 1 of Article 786 of the Civil Code of the Russian Federation, the concept of an agreement for the air carriage of a passenger is formulated with some differences: “Under an agreement for the air carriage of a passenger, one party (the carrier) undertakes to transport the passenger of the aircraft to the point destination, providing him with a seat on an aircraft performing the flight specified in the ticket, and the other party (passenger) undertakes to pay for air transportation." As you can see, this definition of the contract for the carriage of passengers by air is supplemented by the carrier’s obligation to provide the passenger with a seat, indicating it on the ticket.

2.1.3 Legal nature of the contract for air carriage of passengers

The contract for the carriage of passengers by air is mutual. A mutual agreement is an agreement under which each party bears an obligation in favor of the other party; she is considered a debtor in respect of what she is obliged to do in favor of the other party, and at the same time a creditor in respect of what she has the right to demand (Article 308 of the Civil Code of the Russian Federation). In this agreement, each party (carrier and passenger) has both certain rights and bears specific obligations: the passenger has the right to transportation, but is obliged to pay for his travel, and the carrier has the right to receive the cost of his travel from the passenger, but is obliged to transport him.

The contract for the carriage of passengers by air is a paid contract. The consideration of the contract means that the provision of property from the counterparty performing its obligation necessarily corresponds to the counter-provision of property from another counterparty (Article 423 of the Civil Code of the Russian Federation). The most typical case of such provision is payment in the form of a certain monetary compensation. The remuneration of the contract for air carriage of a passenger is manifested in the fact that the passenger of the aircraft pays for his travel.

In order for a contract to be considered concluded, all its essential terms must be agreed upon. The contract will not be concluded until at least one of its essential terms has been agreed upon. The range of essential conditions depends on the specifics of the specific contract. The only essential condition of the passenger air carriage contract is the condition on its subject - the transport service.

The contract for the carriage of passengers by air is of a public nature subject to a number of conditions established by Articles 426 and 789 of the Civil Code of the Russian Federation. Firstly, only a commercial organization (complying with the conditions of Article 50 of the Civil Code of the Russian Federation) carrying out transportation by public transport should act as a carrier. Secondly, by virtue of the law, another legal act or an issued license, the carrier is obliged to carry out transportation in relation to everyone who contacts him. Thirdly, the carrier must be included in a special list of organizations obliged to carry out transportation by public transport, which is subject to mandatory publication.

Taking into account the above, and also taking into account the nature and purpose of air transportation of passengers (satisfying the personal needs of citizens in transportation as passengers, delivery of their luggage), the contract for air transportation of passengers can be recognized as public in the case of transportation on aircraft operating on airlines. schedule, i.e. when performing regular air transportation of passengers.

2.1.4 Elements of a passenger air carriage agreement

The elements of a passenger air transportation contract, like any civil contract, are its parties, subject, price, term, form and content of the contract. Let's look at each of the highlighted elements.

2.1.5 Parties to the passenger air carriage agreement

The parties to the passenger air transportation agreement are the carrier and the passenger. An aircraft passenger is “any person, with the exception of crew members, who is or must be transported on an aircraft in accordance with an air (including international) carriage agreement.” In our opinion, this definition does not reflect the main feature that characterizes the passenger as one of the parties to the contract of passenger transportation, and, moreover, does not contain the clarity that is so necessary in law, since the term “person” refers to all possible subjects of law - both physical and legal entities, in connection with which a completely logical question arises - which “person” should be considered a passenger.

Considering the fact that main feature the contract for the carriage of passengers is that the citizen acts as the party consuming transportation services; that, regardless of whether the air carriage contract is concluded by a legal entity or a citizen, the carriage is carried out in relation to a specific individual, whose name is indicated on the passenger ticket; It seems to us that the most accurate definition of the concept of “passenger” is “a citizen (individual) whose transportation is carried out under a contract for the carriage of a passenger.”

2.1.6 Subject of the passenger air carriage agreement

The subject of any civil law contract “most often is either property that one party is obliged to transfer to the other, or actions (activities) that the obligated party must perform.” The subject of the passenger air transportation agreement is the carrier’s activities in air transportation and delivery of the passenger to the destination.

2.1.7 Price in the passenger air carriage contract

The carriage charge, being the price of the passenger air transportation contract, is established by carriers on the basis of tariffs and in the manner determined by the rules for their formation and application. Currently there are no such rules. For air transportation carried out in accordance with an aircraft charter agreement (air charter), negotiated prices may be established. A specially authorized body in the field of civil aviation may establish minimum prices for such transportation carried out on certain airlines in order to protect regular air transportation carried out on the same airlines (Part 2 of Article 64 of the RF CC).

In cases established by law, a passenger may pay for transportation at a reduced cost, or be exempted from paying freight charges altogether. Expenses incurred in connection with this are reimbursed to the carrier from the appropriate budget. The carriage charge is usually paid upon concluding an agreement for air carriage of a passenger.

2.1.8 Conclusion of a passenger air carriage agreement

The conclusion of an agreement for air transportation of a passenger is certified by a transportation document - a ticket, which indicates all the essential terms of the agreement. However, a ticket is not the only form of confirmation of a passenger’s right to transportation. The Montreal Convention establishes that instead of a travel document (ticket), any other means may be used that preserve a record of the information usually contained in transportation document(ticket). In this case, the carrier is obliged to provide the passenger with a written statement of the information stored in this way. This rule is applicable only from the moment the Montreal Convention comes into force, when 30 states ratify it. In this regard, at present, a passenger ticket is the only form that is evidence of the conclusion of an agreement for the carriage of passengers by air and its terms.

2.1.9 Passenger ticket and requirements for it

A passenger is allowed to travel only if he has a valid and properly issued ticket. The form of the ticket, the requirements for it and the rules of application are established by a specially authorized body in the field of civil aviation.

A passenger ticket usually consists of a passenger and flight coupon. A passenger coupon (coupon “For Passenger”) is the part of the ticket certifying the conclusion of an agreement for air carriage of a passenger. Flight coupon is the part of the ticket that gives the passenger the right to travel between the points indicated on it. The flight coupon is handed over to the carrier upon registration of the passenger at the point of departure, transfer, stopover, if any, and the passenger coupon remains with the passenger as evidence of the conclusion of the air carriage agreement.

In air transport, “a ticket provided to certify a contract of passenger transportation is traditionally personal in the interests of security” - issued on the basis of a passenger’s identity document (clause 3.1.2 of the Air Transportation Rules). The ticket gives the right to fly only to the person in whose name it is issued. The ticket is issued after payment for air transportation. When booking transportation by bank transfer or on credit, as well as preferential or free transportation, a ticket is issued after providing the documents that form the basis for its receipt.

The ticket is valid for the carriage of the passenger and his baggage from the point of departure to the point of destination according to the route and class of service specified on it. Each flight coupon is valid for the carriage of a passenger only on the route segment, class of service, flight and guaranteed departure date indicated therein. If the ticket is issued with an open departure date, the seat is determined in accordance with the passenger's request, subject to availability of seats on the requested flight. The place and date of ticket issue must be indicated on the flight coupon.

The general validity period gives the passenger the right to use the ticket for all operations provided for by these Rules, including to obtain a seat on a specific flight and date, amounts for fully or partially unfulfilled transportation and for other calculations established by these Rules. The total validity period of a ticket covers the period from the moment the ticket is issued to the passenger until the end of the period given to him to receive money for an unused ticket. The general validity period of a ticket is one year from the date of issue, unless otherwise provided by the carrier's rules.

A ticket with a guaranteed date entitles you to fly from the initial airport, transfer airport, stopover or return airport indicated on it only on the date and flight indicated on it. A ticket with an open date gives the right to fly from the corresponding airport only after the carrier has entered the departure date and flight number into it.

The ticket is valid for flights during the following periods:

1 ticket with a guaranteed departure date - during the entire period of transportation on the flight specified in the ticket;

2 ticket with an open date of departure from the airport of transfer, stopover - within 45 days, counting from the date of departure of the passenger from the airport of departure indicated on the ticket;

3 ticket with an open date in the return direction, as well as a ticket with an open date sold from another city - within 6 months from the date of sale of the ticket;

4 a ticket with an open date “for reconnection” - within 2 days from the date of its issue, and a free ticket, issued on the basis of coupons or an official requirement, within 15 days from the date of sale of the ticket.

Tickets sold at reduced fares are valid for flights during the stated expiration dates, but within the periods for which the reduced fares are applied. The expiration of the above ticket expiration dates does not deprive the passenger of the right to file claims and lawsuits against the carrier in compliance with the requirements of the Air Code of the Russian Federation.

According to the Air Transportation Rules, lost tickets cannot be renewed, duplicates are not issued, and the money paid for the ticket is not returned. Tickets found to be invalid for reasons beyond the control of the carrier will be taken away and not replaced. The rules of international air transportation in this regard are more loyal, since according to clause 2.6.2, in the event of loss or damage to a ticket or any part thereof, or in the case of presentation of a ticket that does not contain a passenger or flight coupon, the carrier or agent for the sale of passenger air transportation may request of the passenger to issue in exchange for such a ticket new ticket with the collection of fees provided for by the rules and instructions of the carrier or agent for the sale of passenger air transportation. In case of loss or damage to a ticket (or any part thereof) issued by a foreign carrier, you must obtain written permission from that carrier to issue a duplicate. In these cases, the passenger must provide evidence satisfactory to the carrier or air passenger sales agent that he has in fact been issued a ticket for the relevant route. The passenger must also give, in the prescribed form in writing, a guarantee to compensate the carrier (within the applicable fare for the new ticket) for losses that the carrier may incur if the lost ticket or missing flight coupons are used by anyone, or a refund is made for them .

2.1.10 Term in the passenger air carriage agreement

The term in the passenger air carriage agreement is the period of time during which the passenger must be delivered to the destination. The carrier is obliged to deliver the passenger to the destination within the time limits determined in the manner prescribed by transport charters and codes, and in the absence of such terms, within a reasonable time.

2.2 Carriage of baggage

A passenger develops a special relationship with the carrier when he checks in his baggage for transportation and is formalized in an agreement for air carriage of baggage.

2.2.1 Definition of a contract for the carriage of baggage by air

Under the contract for air carriage of baggage, the carrier undertakes to deliver the baggage entrusted to him by the passenger to the specified destination and hand it over to the passenger or a person authorized to receive the baggage, and the passenger undertakes to pay for the carriage of baggage at the established rate, and when checking in baggage in excess of the norm established by the carrier free transportation luggage and for transportation of this luggage.

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✪ Legal regulation of air cargo transportation. International conventions

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Classification

Air transportation is usually classified by direction, cargo category and type of loading.

Simple transportation

Also called “general transportation” - they involve the transportation of general cargo to the destination, and the customer of such a service is the owner of the goods being transported. The main advantage of general transportation is high efficiency.

Associated transportation

Associated transportation involves the use of free transport traveling in the required direction. The advantage of this format of cargo transportation is its low cost.

Shuttle transportation

Main article: Shuttle transportation

In aviation, this format is accepted for transporting passengers. A distinctive feature of shuttle transportation is the return vehicle to the point of departure without passengers on board.

Groupage transportation

Consolidated transportation is the most common format for transporting piece goods, in which goods from various senders are consolidated in a warehouse and sent as their optimal volume accumulates. They are characterized by low transportation costs.

Classification of special cargo

The current “Guide to Freight Transportation on Domestic Air Lines of the USSR” (RGP-85) contains references to special (special) conditions of transportation: “Some types of cargo (perishable, dangerous, radioactive, animals, etc.) are also accepted for transportation by air. ), which require special transportation conditions (clause 2.4.3) B this document there are points: - Transportation of heavy and oversized cargo (clause 2.9), - Transportation of perishable goods (clause 2.16), - Transportation of dangerous goods and radioactive materials (clause 2.17), - Transportation of living creatures (clause 2.18), - Transportation of self-propelled and tracked vehicles (clause 2.19), - Transportation of coffins with the dead (clause 2.20). Classification of special cargo. (undefined) .

Passenger air transportation

Passenger aircraft carry out transportation of passengers and mail, making regular (or irregular) flights.

Aircraft flying without passengers or cargo, the so-called Empty Leg, are rented at a price significantly lower than the cost of the flight.

Air cargo transportation

Rules for air cargo transportation

According to the rules for air cargo transportation (Federal Law “On Transport and Forwarding Activities” dated June 30, 2003 No. 87-FZ and the Warsaw Convention on International Carriage by Air (Montreal, May 28, 1999)), cargo is accepted for transportation only if available a correctly executed freight bill.

Cargo transportation on international airlines can be carried out on passenger and cargo aircraft.
Cargo exceeding the established limits in weight and dimensions may be accepted for transportation only with the consent of the carrier.
Cargo accepted for international transportation is subject to the following rules:

import and export, transit of cargo must be permitted by the laws and regulations of the country to the territory, from the territory or through the territory of which transportation is carried out;
the dimensions of the cargo must ensure its free loading and unloading, placement in the luggage and cargo compartments of aircraft and its securing;
when transported on scheduled passenger aircraft, the weight and dimensions of cargo must not exceed the limits established by regulations;
all required documents must be attached to the cargo;
The cargo must not create a danger for the aircraft, people and property on it, and also, due to its properties, must not create inconvenience for passengers.

Legislation in the field of air transportation

Intercity and international air transportation is regulated by a number of regulatory documents, which can be divided into several groups.
The first of them is documents of state regulation of aviation, including relevant laws, certification standards and licensing rules.
The second category is aviation regulations operating at the federal level.
The third group of regulatory documents is the internal Russian rules for the carriage of passengers and cargo transportation using aircraft.

Separately, it is worth noting the Chicago Convention on International Civil Aviation of 1944 and the Warsaw Convention for the Unification of Rules for Air Transport of 1929. These documents have been ratified by most countries of the world and are mandatory for implementation in Russia. Also, legal settlement is made in accordance with Federal Aviation Regulations No. 136/42/51 of March 31, 2002 and the Convention on the Contract for the International Carriage of Goods by Road (Geneva, May 19, 1956). Indirect payments for clearing goods at customs are fees for issuance of licenses, qualification certificates, storage of goods in a customs warehouse and their transportation.

Air traffic volume statistics

At the end of 2011, the air cargo transportation market in Russia amounted to 5.9%, transportation amounted to 981 thousand tons of cargo and mail, the increase in cargo turnover was 5%, which amounted to more than 4.9 billion ton-km. Comparing the first quarter of 2012 with the same period in 2011, data from the statistical agency showed positive dynamics in air cargo transportation, with an overall increase in cargo turnover amounting to 10.2%. The volume of cargo transportation was 224,742.52 tons, an increase of 8.9%.

In 2013, according to data from global analytical agencies, in particular IATA (International Air Transport Association statistics), a decline in the growth of air cargo traffic was recorded. According to experts, the decline is caused primarily by the general decline in the global economy. Accordingly, airlines are reducing capacity, trying to normalize load factors and maintain the planned profitability of air cargo, despite rising fuel prices.

At one time, air transport was a curiosity and simply inaccessible to ordinary citizens. Nowadays, everything has changed dramatically; now airplanes are widely used not only for transporting passengers, but also various cargoes abroad. very quickly began to enjoy great popularity, thanks to the huge number of advantages with which they are endowed.

Advantages of air transportation

The most important advantage is high speed. This service is simply indispensable when transporting valuables, medicines and organs for transplantation, which must be in as soon as possible delivered to their destination.

Another advantage of this service is the ability to quickly cover vast distances. Oceans, mountains and deserts - all this can be overcome with ease; in flight, inconvenience can only be caused by air pockets. All other types of cargo transportation cannot compete in this with air transportation.

When sending cargo by air, there is no need to go through a control procedure at each customs office. Checks are carried out only upon dispatch and upon arrival of the cargo. It is also worth noting the high reliability of this method of transporting goods, since the risk of theft of goods in the air is as close to zero as possible. The transported goods can be damaged only during loading or during customs control.

And another quite important advantage is that it provides the opportunity to track the location of the goods using a special website. Air transportation provides the opportunity to transport a wide variety of goods, regardless of size and weight.

Transportation of perishable goods

The group includes all products with a short shelf life when kept under normal conditions. When transporting such goods, it is necessary to ensure special temperature regime, and in some cases, humidity. If this is not done, the quality of the product may deteriorate, which, in turn, will bring losses to its owner.

This group includes fruits, vegetables, citrus fruits, fresh flowers, cosmetic products, medicines, meat and fish products. To ship such goods, the owner of the product must provide all necessary certificates issued on the day of shipment. Moreover, the certificate must be obtained separately for each batch of goods.

Typically, such cargo is delivered on direct flights, but if this is not possible, then one transshipment from one side to another is permissible. Fresh flowers can only be transported by direct flight. To transport such cargo, a request for transportation must be submitted at least ten days in advance.

If fruits and citrus fruits are to be transported, then at the time of loading you need to take into account the load on the boxes when placing them on top of each other. At the time of loading, you must also ensure that there is a certain distance between the boxes to ensure free air circulation. If fruits and fruits are transported on the same flight, they must be located in different compartments.

Air transportation of dangerous goods

The group of dangerous goods includes substances that, if loaded or transported incorrectly, pose a danger to others and can also cause significant damage to the aircraft and the environment. Cargoes of this type have their own classification according to the level of danger:

The first category includes various types of explosives.
The second category includes liquefied, dissolved, and compressed gaseous substances.
The third category includes liquids that are highly flammable.
The fourth category includes spontaneously combustible and solid substances that are easily ignited, as well as substances that emit flammable gases when in contact with water.
The fifth category includes organic peroxides, as well as oxidizing substances.
The sixth category includes infectious/poisonous substances.
The seventh category includes cargo that emits radiation.
The eighth category includes corrosive and caustic compounds.
The ninth category includes other dangerous goods that are not included in the eight classes mentioned above.

Air transportation of dangerous goods is carried out according to standards approved by a special UN commission. To transport cargo of this type, the following requirements must be met:

The cargo must be marked, a special sign warning of its danger, as well as instructions for handling it.
Dangerous goods must be accompanied by a Dangerous Goods Declaration, as well as an AWB air waybill.
must be carried out in strict accordance with IATA (ICAO) requirements.

Air transportation of heavy and oversized cargo

The load is considered heavy if its weight exceeds 80 kilograms. If the dimensions of the cargo exceed the dimensions of the loading hatches of aircraft, then it is oversized.

Transportation of heavy/oversized cargo is carried out on aircraft that are equipped to handle such tasks. Cargo of this type can be transported both in packaging and without it, if the carrier allows it. Loads without containers that are heavy are transported on specialized pallets, under which wooden beams are placed to prevent the maximum pressure on the floor from being exceeded. Oversized/heavy cargo must be delivered to the loading location exactly within the pre-agreed time frame.

Heavy transport aircraft are used for air transportation of oversized cargo. Oversized cargo whose height or width exceeds 6.4 meters is not allowed for transportation by air. This is due to the fact that the size of the loading hatch is the largest transport aircraft An-124 "Ruslan" is 6.4 meters. Air transportation of oversized cargo is more expensive than transportation by other modes of transport. But at the same time, only air transport is able to ensure high efficiency of cargo delivery.

Features of air transportation of lightweight cargo

Light cargo includes cargo with a volume of more than 0.006 cubic meters per gross kilogram. The cost of transporting bulk cargo depends on its volumetric weight. Determining the exact volume required to transport a lightweight load is done by multiplying its width by its height and length. To calculate a gross kilogram, the volume it occupies in the aircraft is divided by its weight.

The cargo service dispatcher is responsible for calculating the volume of lightweight cargo. When calculating the cost, not only the volume of boxes in which bulk cargo is packed is taken into account, but also the gap between them. In order not to overpay for air transportation of lightweight cargo, it is packed in boxes as tightly as possible.

In the international system that has developed over the past decades, the transportation of goods occupies a significant place. Compared to other common methods of transporting them - by means of iron, highways, river, sea transport - international air transportation of goods is the youngest: they appeared only in the 20s of the last century and have their own specificity, unique to them, depending on many factors.

How to properly carry out international air transportation.

What are the benefits of international air cargo transportation?

Compared to other formats of cargo transportation, their international transport is not the largest due to high tariffs. According to statistics, it accounts for only 1% of the total weight of transported goods and 10% of their value. However, it has a number of advantages that are often unique to it. The main ones of these advantages are the following:

Air transportation has become the fastest mode of cargo transportation. The time of their movement through the air cannot be compared with any of the other traditional options used by people. Only thanks to air transportation, for example, many types of food products, other perishable products, fresh flowers, etc. would be practically absent from the markets of many countries. The enormous speed of cargo transportation makes it possible to very quickly move medical supplies from one place to another, which are often in dire need of seriously ill patients. .
Due to the speed of air transportation, the risks of transporting rare goods - such as jewelry, works of art, etc. - are minimized.
The amount of insurance premiums for air transportation is usually 2 times less than for sea transportation. For comparison: they constitute, respectively, 0.3% and 0.7% of the cost of the transported cargo.
Customs duties may be levied on the gross weight of the cargo, which is lower for air transport than for sea transport.
When transporting by air, the lightest, cheapest packaging options are almost always used.
Such transportation is almost always more profitable than sea or rail from a warehouse point of view. Often, with this method of transportation, cargo does not need to be stored at all - after unloading, it is sent directly from the airport to its destination, which avoids unnecessary costs for paying for warehousing of goods.

These and other advantages of air transportation make it possible to save significant amounts of money on cargo transportation, significantly compensating for the higher cost of this type of transportation.

How does air transportation work?

Powerful modern air transport has made international air cargo transportation quite commonplace, characteristic of most operating airports, and their scale and intensity are growing every year. More and more air transport routes are constantly opening, and cargo transportation practices are being improved. Clear algorithms for such transportation have been developed everywhere, among the features of which are the following:

air cargo is delivered by passenger plane along with the luggage of those flying on the plane;
The practice of moving cargo using combined aircraft equipped with special cargo compartments is also widespread;
a large volume of transportation, especially if carried out by powerful cargo aircraft, among them there are many real giants (for example, the famous Boeing 747 F is capable of taking on board and taking off with cargo weighing 100 tons or more);
if necessary, special cargo flights are organized, including charter and group flights: this technique is widespread when it is necessary to provide assistance to victims of natural disaster or epidemics, in force majeure situations, military operations, and in other urgent cases.

International air transportation standards

The key international guidelines for air cargo transportation are flight safety, reliability and guaranteed delivery of any cargo to the required location. Each aviation country practicing this business has its own system developments, the purpose of which is to harmonize with similar standards in other countries. In order to bring all these numerous formats, which often have many serious differences from each other, to a common denominator, specialists from IATA - the International Air Transport System - had to resort to creating a unified safety audit system for aviation structures in 2003.

It is known among air carriers as the international IOSA standard, the requirements of which must be met by every member of the association, without exception. This standard compares favorably with similar systems in many countries due to its consistency, minimization of risks depending on the personal factor, a clear feedback system, reduction in insurance and leasing costs, a noticeably reduced number of various checks, audits, strict requirements for employees, and their remarkable skill and other aspects.

Accompanying documents

To move cargo by air transport and receive it in each specific case, a set of special documents relating to these cargoes and accompanying them is required. Without such documentation they will not be accepted at any airport. This group of main target documents is drawn up in the form:

Invoices. This is what is called an invoice indicating the cost of the goods. Often the invoice also acts as a delivery note. Most often, it is issued to the buyer by the seller of the goods. There is also a proforma invoice containing data on the price of the goods; however, this format does not represent, as in the first case, a payment document.
Packing lists. Here they indicate each position of the cargo, the diagram of its location in transport places, the weight of each of such places, dimensions, and other information.
Freight bills. The prerogative to issue them belongs to the sender of the cargo, confirming his agreement with the one who acts as the cargo carrier. The important legal role of the cargo waybill is evidenced by the fact that if disagreements or disputes arise regarding the responsibility of the sender of the cargo and the carrier, it is the basic one, and penalties are assessed on its basis.
Cargo manifests. The purpose of this document is to optimize the unloading process at transit airports. Here we provide data on the cargo transported on each specific flight, obtained from the waybills for each cargo shipment. Moreover, a separate cargo manifest is required at each unloading point.
Safety data sheets, which are issued when transporting dangerous goods (chemicals, bulk substances, liquids, etc.).
In post-Soviet countries, when sending goods outside their borders, export invoices are also issued.

In each specific case, the international air carriage agreement in force in the modern aviation space regulates the responsibility of the carrier. The content of such an agreement stipulates the fundamental aspects of transportation in real conditions, taking into account the specifics of different countries.

Which cargoes predominate?

Due to the specific nature of cargo transportation by air, the prevailing types of goods in practice are the following:

general;
dangerous;
valuable;
perishable;
heavy and large-sized;
requiring urgent delivery in a short time (for example, medicines);
animals that are not accompanied.

Process nuances

Despite well-established practice, where all the important nuances are often provided for, air transportation of goods is sometimes accompanied by emergency situations, the solution to which has to be sought during operation. Then a lot depends on the professionalism of those specialists who carry out these transportations, starting from the flight crew of the cargo board and ending with the control room, engineering, and other personnel who remotely help him carry out the flight. In recent decades, noticeable adjustments have emerged on a political basis due to the deterioration of the international situation in a number of regions of the planet.

Legal regulation and rules

The fundamental regulatory documents defining the legal framework for international air cargo transportation are the provisions of the Warsaw and Montreal (1999) conventions. These documents create the basis for the unification of the basic norms of international air transport. On their basis, many other normative documents of an international nature have also been created and are in force. They regulate the bulk of typical cases of cargo transportation, the extent and range of liability of their carriers and customers, etc. In particular, the carrier is released from liability for loss or damage to cargo if he can prove that this happened due to the fault of the person who is demanding compensation for losses from cargo transportation.

One of key rules is that international air travel should not transport cargo that contributes to global terrorism, violence against humans and similar things: very strict legal penalties are provided for this.