Agreement for the organization of passenger transportation by road. Agreement for the provision of passenger transportation. On the organization of passenger transportation

On this page you can download a current sample contract for the carriage of passengers and baggage and learn the specifics of its preparation. You can download the agreement at the end of the page.

Under this agreement The carrier is subject to the obligation to transport passengers to the designated point, and if the passenger checks in luggage, the obligation to deliver the luggage to the designated point and hand it over to a specific person. The passenger pays the established fare, and if there is baggage, also for the baggage (in accordance with the law).

Conclusion of an agreement occurs orally (if tickets have been pre-sold). The second option is conclusive actions (if city transport arrives at a stop and in other cases of a similar type). The proof of the concluded agreement is the presence of a passenger ticket. However, it does not act as a written contractual form, since the parties did not sign it (legal requirements for written transactions).

Often the tickets are nameless. Personalized airline tickets (including types of discount tickets).

If individual passenger taxis are used– the agreement is concluded verbally (without issuing a ticket to the passenger). The cost of the fare in such a situation is determined by the meter.

Urban modes of transport (this does not include taxis) sell tickets for passengers (presenter tickets). This type of ticket is suitable for one type of transport, and sometimes for several. Purchasing such a ticket does not mean concluding a specific contract for the carriage of a passenger - since there is no individualization of the carrier (transport company).

The contract of carriage is considered concluded at the moment when the passenger boards the transport.

A bus passenger (with the exception of urban and suburban services) has the right to demand that he be provided with a specific seat indicated on the ticket. When it comes to urban transport modes or suburban connections, any free seat can be occupied by a passenger.

If the designated ticket seat is occupied by another person, the passenger has the right to claim another seat (even if his category is much higher). At the same time, he has the right not to pay anything additional. If a passenger is provided with a seat at a lower price (with his consent), in this case he will be reimbursed for the difference in ticket price (in accordance with the law).

The passenger has the right free transportation of one child (must be under five years old). For urban modes of transport - up to seven years, for aircraft - up to two years. In this case, the child should not occupy a separate seat. If the child is older than this age (up to 10 years), it is possible to purchase preferential (discount) children's tickets. In this case, they are provided with separate seats. If the mode of transport is urban, the ticket price is the same for everyone (both for children and adults).

The passenger has the right for free carry-on luggage. This is a thing that, due to its size, does not cause inconvenience to other passengers. It must not exceed the specified weight. It is prohibited to transport items that pollute vehicles and passenger clothing. Items that pose a threat to traffic safety and put the health of citizens at risk are also prohibited (this applies to the transportation of flammable and explosive substances).

The passenger has the right to stop along the way. The validity period of the ticket is extended by no more than 10 days. If there is an illness, a longer period of time is possible. The passenger has the right to refuse the trip. If the contract is canceled (no later than a specific date for a given type of transport), the passenger receives the fare back (subtracted: a fee for advance ticket sales). The deadlines are as follows: for road transport - two hours.

If the refusal occurs outside of the deadlines, but before departure, a certain percentage of the ticket price is also withheld.

Transport companies bear their responsibilities to passengers. They must guarantee safe conditions during transportation and take care of passengers (that is, they must create the most comfortable conditions).

For example, according to Article 106 of the Civil Code, passengers have the right to use rest rooms and a mother and child room free of charge. There is also the right to a hotel place - if there is a break in transportation (if the carrier is at fault or if there is an involuntary delay during departure).

Transport companies are subject to liability in case of harm to the health of passengers. How and to what extent this liability is held is determined by the rules of non-contractual liability (that is, Chapter 59 of the Civil Code of the Russian Federation).

What do the rules of non-contractual liability say?, if damage is caused, compensation for the damage caused occurs (if the passenger did not check in the property as baggage). Damage is also compensated if it was caused to the transport company by the passenger himself - namely, he spoiled or damaged the equipment and other property of the carrier (unless this type of liability is provided for by legislative acts).

It is the passenger's responsibility to ensure that hand luggage is kept intact. The carrier is not responsible if carry-on passenger luggage is not preserved. If this is a sea mode of transport, the carrier is liable in case of loss, shortage, or damage to hand luggage. In this case, his guilt must be proven by the passenger (the presumption of innocence applies here).

In case of loss, damage, damage such items, the carrier is liable in the amount of the value of their items. If the cost cannot be determined, within 10 minimum wages (according to legal requirements).

Baggage called passenger things. They are transported using a baggage car (luggage compartment of a ship, vehicle). A so-called travel ticket is issued. At the same time, the luggage carried should not interfere with the transport and belongings of other passengers.

According to Article 786 of the Civil Code of the Russian Federation The carrier is obliged to conclude a baggage transportation agreement with the passenger. The document that certifies the conclusion of such an agreement is called a baggage receipt. If these are urban modes of transport, the contract for the carriage of a passenger and his luggage is considered valid from the moment when the passenger directly boards a certain type of transport with his luggage. From this moment on, the carrier must transport the passenger and his luggage. In this case, the passenger had to pay for luggage transportation (with the exception of taxi services). Paid baggage is certified by a baggage ticket.

The carrier has an obligation on timely delivery of luggage. It depends on how the vehicle travels to its destination. After 10 days from the moment when the luggage should be at the destination, the passenger has the right to declare its loss and the right to reimbursement. For such delay, the carrier is charged a fine, the amount of which ranges from 10 to 50% of the freight charge.

Responsibility for unsecured luggage or cargo is limited to its value.

The carrier is liable for lost or missing luggage to the extent that the value of the luggage was declared. The transport company compensates for losses in the amount of the declared baggage value (in accordance with legislative regulations). If there is no declaration of value, compensation for damage is carried out in accordance with its actual value. If the transportation is with a declared value, the aircraft also charges an additional fee.

Thus, prices for luggage are calculated based on its cost (it may be indicated on the seller’s invoice). If there is no seller account, the criterion is the market price of goods of the same type.

Reimbursable by the carrier not only lost luggage, but also the fee received for transporting the luggage (if it is not delivered to the required designated point). If the luggage is spoiled or damaged, compensation for losses occurs in the amount of its reduced value.

If transport engaged in passenger transportation delays its departure or is late to the specified point, the carrier must pay a fine to the passenger. The amount of the fine is regulated by transport charters and codes (with the exception of transportation in local transport and suburban services).

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Under a contract for the carriage of passengers by motor transport, the carrier must transport the passenger by motor vehicle to the destination point, providing him with a seat on this vehicle. When a passenger transports cargo (luggage), the carrier also undertakes to deliver this luggage to the destination and hand it over to the passenger or the person authorized to receive the luggage. The passenger, in turn, assumes the obligation to pay for the services, and when he has luggage in excess of the norm established by the carrier, to pay for the transportation of this luggage.

Characteristics of the contract for the carriage of passengers

The contract for the carriage of baggage and passengers by road is a consensual, bilateral, paid contract.

This agreement is considered bilateral, since each party has counter-obligations and rights. The compensation of this agreement is that the carrier’s service of transporting a passenger to the destination from the point of departure is paid: the carrier is engaged in professional activities in transporting baggage and passengers for a set fee. The contract for the carriage of a motor vehicle passenger is consensual, that is, in order to conclude it, it is enough that its parties agree on all the essential terms of the contract, and the transfer of any thing (item) is not required.

Types of contracts

Agreements for the provision of services for transporting passengers by car, depending on the type of message, are divided into:

  • in suburban traffic, between settlements at a distance of up to 50 km inclusive between the borders of these settlements;
  • in urban traffic, within the boundaries of populated areas;
  • in international traffic, beyond the borders of the territory of the Russian Federation or into the territory of the Russian Federation with crossing the border of the Russian Federation, including transit through the territory of the Russian Federation (Article 4 of the Charter of Road Transport);
  • in intercity traffic, between settlements at a distance of more than 50 km between the borders of these settlements.

Types of agreement for the carriage of baggage and passengers

  • Regular passenger transportation is carried out on the basis of a public contract for the transportation of passengers along the regular transportation route and according to schedules established by the carrier. A schedule for regular transportation of baggage and passengers is drawn up for each stopping point on the regular transportation route, which provides for a mandatory stop of the vehicle. The schedule includes the departure intervals of vehicles, including by time periods of the day, or the time schedule of departure from the stopping point of vehicles. When traveling in a vehicle, a passenger may carry in a separate vehicle or in the luggage compartment of a vehicle for a fee:
  • Carry with you free of charge hand luggage with a volume of no more than one piece, the height, length, width of which in total does not exceed 120 cm, one pair of skis in a case, a baby stroller, a children's sled;
  • cargo (luggage) consisting of no more than two pieces, the height, length, width of each in total not more than 180 cm;
  • transportation according to orders. The norms for carrying hand luggage by vehicle and transporting baggage are set by the freighter.
  • transportation by passenger taxis. The norms for carrying hand luggage by vehicle and transporting baggage are set by the freighter.

The form of the contract of carriage is simple written.

How is the contract for the carriage of passengers and baggage characterized?

The transportation of passengers, regardless of transport, must be regulated by relevant agreements and other legal documents.

Transportation can be carried out by road, water, air and rail (according to statistics, this is the safest mode of the above). It is possible that in the twenty-first century another type of transportation will develop - space transportation. Moreover, one tourist passenger was already delivered to the orbital station in 2001.

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In what cases is it usually concluded?

A contract for passenger transportation may exist in oral form. In fact, it occurs, for example, when a person buys a ticket at the bus station. The ticket itself is not an agreement (since there are no signatures of the parties), but it certifies its conclusion. According to this agreement, the carrier undertakes to transport the passenger to the destination.

This document is public. And the carrier can refuse to sell a ticket only if there are no empty seats, or if a person cannot board the bus for health reasons.

The purchased ticket usually indicates the passenger's seat number. And it is precisely this that the carrier must provide. In cases of force majeure, you can offer the passenger another free seat. But if the space provided is cheaper in cost, the difference must be reimbursed.

Written Agreements agreements are also not so rare. Such an agreement may be relevant, say, in the following situation: the customer (individual) hires several buses to bring everyone to the wedding venue and then take them back.

Agreements can be concluded not only with individuals, but also with legal entities. Let’s say a carrier company undertakes to deliver the organization’s employees to work every morning. In this case, the agreement is concluded between such a company and the enterprise.

The above applies not only to road transport, but also to any other.

Detailed information about transportation services is presented in the following video:

If you are interested in what a consignment note is needed for, read this material.

Main points

They usually contain the following information:

  • name and location of the carrier;
  • type and number of transport units;
  • clear transportation route;
  • departure and arrival times;
  • price of services;
  • travel benefits.

Responsibility for non-compliance with the terms of the agreement is also indicated here. For example, the document may state that the carrier is responsible for the death or harm to the health of the passenger.

In general, such documents are similar, although there are nuances that are determined by the type of transport, as well as the type of message. Recall that the message can be:

  • urban;
  • suburban;
  • intercity;
  • international.

Finally, we note: if you want to draw up a competent agreement that would maximally protect your interests, you should contact a professional lawyer.

Still have questions? Find out how to solve exactly your problem - call right now:

Contract for the carriage of passengers by motor transport

Under the contract for the carriage of passengers and luggage by motor vehicle, the carrier undertakes to transport the client and his luggage to the destination by motor vehicle. The passenger, in turn, undertakes to pay for services at the established rate.

How to conclude a contract for the carriage of passengers: sample

A contract for the carriage of passengers and baggage by road is an agreement that has specific legal features. The transaction is bilateral, compensated, consensual or real. A contract for the transport of passengers is recognized as a bilateral agreement, since each of its parties has counter rights and obligations. Remuneration consists in the fact that the carrier’s service of moving a passenger from the point of departure to the point of destination is paid: the carrier is engaged in professional activities in moving passengers and luggage for a set fee. And finally, a transaction can be either consensual (that is, for its conclusion it is sufficient for the parties to agree on all essential conditions) or real.

Types of contracts for the carriage of goods (passengers and luggage)

Depending on the type of message, agreements are divided into:

  • in urban traffic (within the boundaries of populated areas);
  • in suburban traffic (between populated areas);
  • in intercity traffic;
  • in international traffic (outside the territory of the Russian Federation or into the territory of the Russian Federation crossing the State border of the Russian Federation, including in transit).

Terms of the contract for the carriage of passengers by bus or car

Regular passenger transportation is carried out on the basis of a public contract for the carriage of passengers along the regular transportation route and according to schedules established by the carrier. A schedule for regular transportation of passengers and baggage is drawn up for each stopping point on the regular transportation route, which provides for a mandatory stop of the vehicle. The schedule contains departure intervals for vehicles, including by time periods of the day, or a time schedule for the departure of vehicles from a stopping point.

When traveling in a vehicle under a contract for the carriage of passengers by road, the client has the right to transport for a fee in the luggage compartment of the vehicle or in a separate vehicle:

  • luggage (cargo) in the amount of no more than two pieces, the length, width and height of each of which in total do not exceed 180 cm;
  • hand luggage in the amount of no more than one piece, the length, width and height of which in total do not exceed 120 cm, one pair of skis in a case, a children's sled, a baby stroller.

To draw up a contract for the carriage of passengers, fill out the questionnaire and enter the transaction data into the template prepared by our lawyers.

Form of agreement for the provision of a bus, taxi for transporting people on order

Contract form for transporting people on order

Form of agreement for the provision of a bus, taxi for transporting people on order

Agreement

for the provision of a bus, taxi for transporting people on order-sample

We refer to__ hereinafter as the “Carrier”, represented by _________________________________________________, acting on the basis of a certificate, on the one hand, and____________________, hereinafter referred to as ____, hereinafter referred to as the “Customer”, represented by ______________________, acting on the basis of _______, on the other hand, entered into an agreement as follows:

1. The Subject of the Agreement

1.1 The Carrier provides the Customer with a vehicle: a bus brand ____________________ state number ______________ for transportation of passengers along the route: _______________________________________________________,
and the Customer pays the Carrier the amount of money stipulated by the contract for transport services.
1.2 Departure time: ___:___ — “___” ____________ 20__.
1.3 Arrival time: ___:___ - “___” ____________ 20__

2. Rights and Obligations of the parties.

2.1. The carrier has the right:
2.1.1. Cancel flights of his vehicles under circumstances that he could not foresee and which he could not prevent, returning to passengers (or the customer of services) the funds they paid for transportation.
2.1.2. Limit or stop transportation in the event of a natural disaster, epidemic, epizootic or other emergency.
2.1.3. Cancel the movement of vehicles if there is a threat to the life or health of passengers.
2.2. The carrier is obliged:
2.2.1. Instruct drivers on the Rules of the Road and the Rules for the provision of passenger road transport services.
2.2.2. Ensure that staff comply with the requirements of road transport legislation.
2.2.3. Provide the driver with the necessary documentation.
2.2.4. Maintain vehicles in proper technical and sanitary condition.
2.2.5. Ensure the timely delivery of the vehicle at the specified time and place, according to the order, for boarding passengers and departure, and the corresponding visual information.
2.2.6. Ensure that passengers travel to their destination along the route without additional costs in the event of a trip being interrupted due to a technical malfunction of the vehicle.
2.3. The customer has the right:
2.3.1. Fill out an application for the transportation of passengers by road transport to order no later than 3 days before transportation.
2.3.2. Make changes to the application in writing directly or by fax signed by authorized persons.
2.4. The customer is obliged:
2.4.1. Timely pay for services for transporting passengers by road transport to order.
2.4.2. Compile a list of passengers in two copies (for the carrier, the customer) before the start of transportation.
2.4.3. Familiarize passengers with the conditions for receiving transport services.
2.4.4. Inform passengers in advance about the time and place of delivery of the vehicle and inform them about possible additional services.
2.4.5. Allow passengers listed on the list to be carried, check that the packaging and stowage of the cargo comply with the requirements for ensuring its safety during transportation.
2.4.6. Ensures the departure of passengers according to the request.
2.4.7. After providing the transport service, sign a waybill and an application for the transportation of passengers by road transport to order, noting the route traveled by the vehicle, the start and end time of the journey, and in case of a change in the schedule, the reason for it.

3. Payment procedure

3.1. Payments for the transportation of passengers are carried out in accordance with the Certificate of Completion of Work.
3.2. Payment is made by transfer to the Carrier's bank account within 3 (three) banking days from the date of presentation of the invoice.

4. Responsibility of the parties

4.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the guilty party shall compensate the other party for all losses incurred in the amount of actual damage caused.
4.2. For late payment for services for the transportation of passengers by road transport to order, the Customer shall pay the Carrier a penalty in the amount of 0.05% of the total amount of debt for each day of delay.
4.3. The parties are released from liability for partial or full fulfillment of obligations under this agreement in the event of force majeure circumstances (natural disasters, war, earthquakes, fires, floods, etc.), if they directly affected the performance of this agreement. The parties are obliged to notify each other of these circumstances immediately, within a reasonable time.

5. Procedure for changing and terminating the contract.

5.1. Any changes, additions, or annexes to this Agreement are an integral part of it and come into force if they are made in writing and signed by authorized persons.
5.2. Early unilateral termination of the contract by the Carrier may occur in the following cases:
5.2.1. Payment for services for transporting passengers by road transport to order was not made in a timely manner.
5.2.2. The driver of a vehicle may refuse transportation if the passenger:
5.2.2.1. Is under the influence of alcohol or drugs.
5.2.2.2. Disturbs public order.
5.2.2.3. Presents baggage prohibited for transportation or baggage that does not meet the established standards in terms of dimensions.
5.2.2.4. Violates other requirements of the rules for the provision of passenger road transport services.
5.3. In the event of unilateral termination of the contract by the Carrier due to the fault of the passenger, the payment for transportation services is not refunded.

6. Other terms of the agreement

6.1. In the event of an increase in prices for fuels and lubricants, spare parts, materials, an increase in taxes and other fees that are included in the cost of transportation, the Carrier has the right to raise the price for the service of transporting passengers by road to order, which is formalized by an additional agreement.
6.2. Disputes arising under this Agreement are settled through negotiations; if no agreement is reached, the dispute is resolved in court at the claim of one of the parties.
6.3. On issues not covered by this Agreement, the parties are guided by current legislation, the Charter of road transport and urban ground electric transport.
6.4. Real agreement drawn up in 2 copies, for each of the parties, having equal legal force.
6.6. The agreement comes into force from the moment of signing by the parties and is valid until “___” _______________20__.

The article was written based on materials from the sites: kakzarabativat.ru, biznes-prost.ru, znaydelo.ru, www.freshdoc.ru, www.pokrovka-info.ru.

in a person acting on the basis, hereinafter referred to as " Carrier", on the one hand, and the citizen, passport (series, number, issued), living at the address, hereinafter referred to as " Passenger", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this agreement, the Carrier undertakes to transport the Passenger and his baggage to the following destination:, issue the baggage to the Passenger or another person authorized to receive it, and the Passenger undertakes to pay the established fee for travel and baggage transportation.

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

1.3. The passenger has the right, in the manner prescribed:

  • transport children with you free of charge or on other preferential terms;
  • Carry with you free hand luggage within the established limits.

1.4. The fare and baggage fee is: rubles.

1.5. Travel and baggage are paid in the following order and within the following periods: .

1.6. The Carrier undertakes to deliver the Passenger and his luggage to the destination within the time period determined in the manner prescribed.

1.7. Time of departure and arrival of the vehicle: .

2. LIABILITY FOR VIOLATIONS OF TRANSPORTATION OBLIGATIONS

2.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties bear responsibility established by the Civil Code of the Russian Federation, the transport charter or code.

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

3. CARRIER'S RESPONSIBILITY FOR DELAY OF PASSENGER DEPARTURE

3.1. For a delay in the departure of a vehicle carrying a Passenger or a delay in the arrival of such a vehicle at its destination (except for transportation in urban and suburban services), the Carrier shall pay the Passenger a fine in the amount established unless it proves that the delay or delay was due to force majeure , eliminating malfunctions of vehicles that threaten the life and health of passengers, or other circumstances beyond the control of the Carrier.

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

4. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE (DAMAGE) OF BAGGAGE. CARRIER'S LIABILITY FOR CAUSING HARM TO THE LIFE OR HEALTH OF A PASSENGER

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

4.2. Damage caused during the transportation of baggage is compensated by the Carrier in the following amount:

  • in case of loss or shortage of luggage - in the amount of the cost of the lost or missing luggage;
  • in case of damage (damage) to luggage - in the amount by which its value has decreased, and if it is impossible to restore damaged luggage - in the amount of its value;
  • in case of loss of baggage handed over for transportation with a declaration of its value - in the amount of the declared value of the baggage.
The cost of baggage is determined based on its price indicated in the Seller's invoice, and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods.

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

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

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

5. FINAL PROVISIONS

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

Passenger transportation is carried out by transport companies, individual entrepreneurs and individuals licensed on the basis of a concluded transportation contract.

When transporting on regular flights, the contract of carriage is considered to be the purchased ticket and, if necessary, the baggage receipt. A written contract is required that reflects all the essential aspects of the concluded transaction.

What laws govern

Passenger transportation is regulated by:

  • Civil Code of the Russian Federation. The document introduces the concept of a contract for the transportation of people and establishes the main aspects of the agreement, which consist in the need for the carrier to complete the flight to the specified destination, and for the passenger to pay in full for the service provided;
  • on the need and procedure for licensing activities related to passenger transportation. Any enterprise, individual entrepreneur or individual who is a taxi driver must obtain permission in the form of a license before starting work;

Providing passenger transportation services without a license is punishable by a fine in accordance with the Code of Administrative Offences.

  • The Charter of Motor Transport, put into effect. The document introduces the concept of various transportation carried out by road transport, as well as the rules and regulations for regulating the movement of passengers;
  • The Charter of railway transport, regulated. The last changes were made to the document in November 2011. An additional document for the carriage of passengers by rail is, the final edition of which was carried out in 2007;

Regulatory documents regulate the relationship between the railway and passengers, the rules for concluding and terminating a contract for the carriage of passengers by rail, determine the basis for the transportation of passengers and baggage, as well as the procedure and rules for the functioning of Russian Railways OJSC.

  • , adopted by federal law in 1999, regulates the relationship between passenger ship owners and clients;
  • The Air Code of the Russian Federation () regulates the rules of air transportation, the procedure for concluding contracts for the carriage of passengers, the rights and obligations of performers and customers. This document applies to both domestic and international air transportation.

Types of transport

Passenger transportation can be carried out:

  1. Ground vehicles, which include:
    • buses of various types. The main categories of buses are divided depending on the number of passengers;
    • minibuses;
    • passenger cars owned by individuals or legal entities. To provide the service, it is necessary to conclude a contract for passenger transportation with an individual or a transport organization, respectively;
    • trams and trolleybuses.
  2. By railway trains.
  3. River and sea passenger ships.
  4. Airliners.

Each type of passenger transportation is regulated by an individual document given in the list above.

Between whom is the contract for the carriage of passengers and luggage concluded?

The contract for the carriage of passengers is concluded between:

  • carrier;
  • passenger.

The following may act as carriers:

  • transport enterprises and organizations;
  • individual entrepreneurs;
  • individuals, if a passenger car is provided as transport for transportation.

The carrier must have a license to provide services in the form of passenger transportation.

A passenger is an individual who needs to be transported from the point of departure to the point of destination.

In some cases, a transportation contract may be concluded with a legal entity, for example, to deliver workers to the territory of an enterprise.

In this situation, the customer of the service is obliged to provide the contractor with a complete list of passengers and identify a responsible person (group leader for tourist transportation) who will be responsible for the actions of passengers during the movement of vehicles.

Sample

The document consists of 8 main sections:

  1. The subject of the contract is the provision of services for the transportation of passengers at a certain time and in a certain direction.
  2. Rights and obligations of the parties. This section of the document is intended to delimit the responsibilities of the customer and the service provider in order to specify the essential factors of transportation.
    The main responsibility of the carrier is the need to provide transport at the specified time in technically sound condition, and the customer to promptly pay for the services provided.

    The carrier has the right to unilaterally cancel a trip if the service may cause harm to the health of passengers. The customer has the right to make changes before starting the service in order to improve the result.

  3. Carrying out calculations. This section should indicate within what period and at what rate (in what fixed amount for the provision of a one-time service) payment for transportation should be made. You can also provide payment methods and the amount of penalties for late payment.
  4. Responsibility of the parties in case of non-fulfillment or improper fulfillment of the terms of the contract: criminal and administrative liability, liability to the customer and passengers, liability for non-compliance with conditions, and so on.
  5. Other terms of the agreement, which are introduced by mutual agreement of the parties. For example, the need to make additional payments in some cases or the procedure for resolving disputes that arise.
  6. Reasons for early termination of the contract, as well as rules for making changes to an existing document. For example, you can indicate that the carrier can cancel a flight if passengers are intoxicated.
  7. Final provisions.
  8. Details, seals and signatures of authorized representatives or heads of organizations of the contractor and the customer.

A contract for passenger transportation with a legal entity (individual) may come into force:

  • from the moment of its signing, unless another date is indicated in the document;
  • from a certain date specifically indicated in the document.

The contract for the carriage of passengers also provides for the rules for the carriage of baggage. If transportation is carried out on a regular flight, then an additional fee is required for baggage transportation.

Rules for the carriage of baggage on registered flights may be reflected in additional terms of the contract or determined by a separate agreement, which is an appendix to the main document.

Essential conditions

An agreement for the carriage of passengers with an individual entrepreneur, legal entity or individual has a number of the most significant conditions, which include:

  • date and time of service provision. If a one-time transportation is carried out, the date and time are communicated after the order is processed by the operator of the executive organization. For regular customized transportation, the date and time for the provision of services may be specified in detail in the contract or regulated by preliminary written requests, which are additional agreements to the contract;

If transportation is carried out on regular flights, the date and time of departure and arrival are determined by the purchased ticket.

  • route. For customized transportation, the route is determined by the customer and pre-agreed with the contractor. For regular flights, the route is determined by the documents of the carrier company, agreed with government authorities;
  • service cost. Most transport companies operate on the basis of tariffs that determine the cost of 1 km within the city limits and outside the populated area. The price of the trip is the sum of the distance increased by the tariff rate;

If the cost of services is fixed, then it must be indicated in the road transportation contract.

  • terms of service provision. When concluding a contract for the carriage of passengers for a long time, it is required to indicate the start date of the document and the end date or clearly indicate the number of flights that the carrier is obliged to make within the framework of one contract.

Responsibility for non-fulfillment

Failure to fulfill the contract may occur:

  • due to extraordinary circumstances, which include natural disasters, vagaries of nature, military operations;
  • due to the fault of the customer, for example, a group of tourists did not arrive at the point of departure at the agreed time;
  • due to the fault of the performer. For example, a vehicle breakdown occurs.

If the service was not provided due to external factors, then neither the customer nor the contractor bears any responsibility.

If the provision of a service is canceled due to the fault of the customer, then in most cases, partial payment is made. The customer is also personally responsible for payment for services provided.

If it is impossible to carry out transportation due to the fault of the performing organization, the customer may receive a penalty in the form of a penalty on the cost stipulated by the contract.

The contractor is also responsible for the health of passengers and the safety of luggage.

Procedure for consideration of disputes

Methods for resolving disputes between the parties that arise during the execution of the terms of the contract for the carriage of passengers may be resolved:

  • by conducting bilateral negotiations, jointly identifying the problem and finding a way to solve it;
  • in the Arbitration Court of the city or other locality in which the agreement was concluded.

When filing a claim in court, it is required to collect all documents that are evidence of the guilt of one of the parties.

In addition to documents, can be provided:

  • witness statements;
  • photo and video materials;
  • other evidence.

The party found guilty is obliged to reimburse the other party for all costs associated with non-fulfillment of the contract of carriage and legal proceedings.

One-time and regular flights

All passenger transportation can be divided not only by the types of vehicles involved in the delivery of passengers, but also by frequency.

There are:

  • one-time transportation;
  • regular transportation.

For any type of transportation it is necessary to conclude a contract.

Features of one-time transportation are:

  • the need for pre-order and preliminary approval of the route;
  • concluding multiple contracts, which increases the time for providing services;
  • no discounts.

When ordering regular transportation you can:

  • reduce the time for processing services;
  • receive discounts from the artist.

If an organization constantly needs passenger transportation services, then it is more advisable to enter into an agreement for regular services, indicating in the document the time and place of performance.

Passenger transportation is widely popular among the services provided by transport companies.

To receive the service, a written contract is required, with all essential conditions detailed in the document. Disagreements between the contractor and the customer can be resolved in various ways, including with the help of the courts.

Video: Legal consultation. Lesson 5. Passenger and luggage transportation services

on the provision of transport services in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Executor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor, on the basis of applications, undertakes to provide the Customer with transport services, namely passenger transportation by passenger vehicles, within the territory.

1.2. The Contractor provides services under this agreement on its own or by third parties using its own or rented cars.

1.3. The Customer undertakes to pay for the Contractor's services for the transportation of passengers, carried out under this Agreement, in the manner and within the terms provided for in this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. At any time of the day, ensure the provision of the required number of technically serviceable passenger cars with drivers at the points and times specified by the Customer.

2.1.2. Before the date of each month, provide the Customer with a Certificate of acceptance and transfer of services on the transportation work performed during the previous month, as well as an invoice for payment for the work performed.

2.1.3. Guarantee the Customer the provision of the services specified in clause 1.1, clause 1.2 of this Agreement at the approved tariffs in accordance with Appendix No. 1 to this Agreement.

2.1.4. Inform the customer about changes in tariffs for the Contractor's services in writing no later than days before the introduction of new tariffs. At the same time, the Contractor reserves the right to unilaterally and without prior notice to the Customer temporarily increase the tariffs during federal holidays.

2.2. The customer undertakes:

2.2.1. Pay for services under this agreement in the amount, on time and in the manner provided for in this Agreement.

2.2.2. Guarantee the Contractor's compliance by passengers transported by the Contractor on the Customer's orders with traffic rules, driver requirements, as well as their compliance with public order. The possibility of a passenger being in a car in a state of strong alcoholic intoxication, causing the latter harm to the car, or committing other actions that threaten the safety of the driver, other passengers and road traffic is excluded.

3. PROCEDURE FOR IMPLEMENTATION OF THE AGREEMENT

3.1. The Customer, at least one hour before the intended trip, orders a car through the Contractor's dispatch service. Orders placed after the specified deadlines are considered urgent and are carried out by the Contractor without guaranteeing the availability of a free car and compliance with the start dates of the trip.

3.2. 15 minutes before the intended trip, the Contractor must inform the Customer about the details of the delivery of the car (make, color, license plate number of the car).

3.3. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by representatives of the parties through negotiations. If no agreement is reached, the dispute is referred to the judicial authorities.

4. PAYMENT PROCEDURE

4.1. The cost of services provided by the Contractor is determined in accordance with Appendix No. 1, which is an integral part of this Agreement.

4.2. Settlements between the parties under this agreement occur in the following order:

4.2.1. Within calendar days from the date of signing this agreement, the Customer transfers to the Contractor’s bank account a sum of money in the amount of rubles as a deposit for the services provided by the Contractor.

4.2.2. The amount of the deposit is taken into account in settlements between the Contractor and the Customer, and the balance remaining after settlements is carried forward to the month following the reporting month.

4.2.3. At the end of the reporting month, before the date of the next month, the Contractor issues an invoice to the Customer for services performed for the reporting period, and also provides a Service Acceptance Certificate. The Service Acceptance and Transfer Certificate is signed by the parties within days from the date of receipt of the Certificate by the Customer.

4.3. Based on the provisions of Chapter 21 of the Tax Code of the Russian Federation, the sale of services under this Agreement is not subject to VAT taxation, the amount of tax is not presented to the Customer, and invoices for the sale of the Contractor’s services are not prepared.

4.4. Payment for the Contractor's services under this Agreement can be made by the Customer in the following ways:

4.4.1. by bank transfer to the Contractor's bank account using the details specified in the invoice for payment;

4.4.2. for cash payment to the Contractor's cash desk.

4.5. Full payment for services under this Agreement is made no later than the date of each month for the past month.

5. ACCEPTANCE OF SERVICES

5.1. The fact of proper provision of services under this Agreement is confirmed by the Certificate of Acceptance and Transfer of Services signed by the Parties.

5.2. Services under this Agreement are considered to be performed properly and on time if, within calendar days from the date specified in the Service Acceptance and Transfer Certificate, the Customer has not handed over the signed Certificate to the Contractor and has not provided written claims and/or objections to the Contractor.

6. RESPONSIBILITY OF THE PARTIES

6.1. The parties are responsible for failure to fulfill or improper fulfillment of obligations in accordance with the provisions of this Agreement, the Civil Code of the Russian Federation, and the Charter of Motor Transport.

6.2. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances or extraordinary events that arose after the conclusion of the Agreement, which the parties could not foresee and prevent.

7. TERM OF THE AGREEMENT

7.1. This agreement comes into force from the moment it is signed by authorized representatives of the parties and is valid until “” 2019 and can be extended for 1 calendar year if none of the Parties declares its intention to terminate the Agreement.

7.2. Early termination of the Agreement is possible at the request of one of the Parties after settlement of all settlements. The initiator of termination of the Agreement is obliged to notify the other Party of his decision no less than days before the date of termination of the Agreement.

8. FINAL PROVISIONS

8.1. All disputes that arise between the parties during the implementation of the terms of this Agreement are resolved through negotiations, and if no agreement is reached, in the Arbitration Court.

8.2. The parties have the right to transfer their rights and/or obligations under this Agreement to third parties without the written consent of the other party.

8.3. Any changes and additions to this Agreement will be an integral part if they are in writing, duly executed and signed by both parties or their legal representatives.

8.4. All annexes, amendments and additions to this agreement signed by the parties take precedence over the main text of this Agreement.

8.5. This Agreement is drawn up in two original copies having equal legal force, one for each of the Parties.

8.6. The terms of this Agreement, additional agreements thereto and other information received by the Parties in accordance with the Agreement are confidential and not subject to disclosure.

9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

10. SIGNATURES OF THE PARTIES

Customer_________________

Performer _________________

The transportation of passengers, regardless of transport, must be regulated by relevant agreements and other legal documents.

Transportation can be carried out by road, water, air and rail (according to statistics, this is the safest mode of the above). It is possible that in the twenty-first century another type of transportation will develop - space transportation. Moreover, one tourist passenger was already delivered to the orbital station in 2001.

In what cases is it usually concluded?

A contract for passenger transportation may exist in oral form. In fact, it occurs, for example, when a person buys a ticket at the bus station. The ticket itself is not an agreement (since there are no signatures of the parties), but it certifies its conclusion. According to this agreement, the carrier undertakes to transport the passenger to the destination.

This document is public. And the carrier can refuse to sell a ticket only if there are no empty seats, or if a person cannot board the bus for health reasons.

The purchased ticket usually indicates the passenger's seat number. And it is precisely this that the carrier must provide. In cases of force majeure, you can offer the passenger another free seat. But if the space provided is cheaper in cost, the difference must be reimbursed.

Written Agreements agreements are also not so rare. Such an agreement may be relevant, say, in the following situation: the customer (individual) hires several buses to bring everyone to the wedding venue and then take them back.

Agreements can be concluded not only with individuals, but also with legal entities. Let’s say a carrier company undertakes to deliver the organization’s employees to work every morning. In this case, the agreement is concluded between such a company and the enterprise.

The above applies not only to road transport, but also to any other.

Detailed information about transportation services is presented in the following video:

Main points

They usually contain the following information:

  • name and location of the carrier;
  • type and number of transport units;
  • clear transportation route;
  • departure and arrival times;
  • price of services;
  • travel benefits.

Of course, the written version of the contract must explain rights and obligations each side. This can be done in one paragraph or two (“Rights and obligations of the passenger”, “Rights and obligations of the carrier”).

Responsibility for non-compliance with the terms of the agreement is also indicated here. For example, the document may state that the carrier is responsible for the death or harm to the health of the passenger.

In general, such documents are similar, although there are nuances that are determined by the type of transport, as well as the type of message. Recall that the message can be:

  • urban;
  • suburban;
  • intercity;
  • international.

Finally, we note: if you want to draw up a competent agreement that would maximally protect your interests, you should contact a professional lawyer.