Agreement between carriers. Sample contract for the carriage of goods by road

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Agreement on the provision of transport services for the carriage of goods

road transport No. ___

Moscow “___” ____________ 2018

CUSTOMER: LLC "Company", represented by the General Director Last Name First Name Patronymic (in the genitive case), acting on the basis of the Charter on the one hand and, CONTRACTOR: individual entrepreneur Last Name First Name Patronymic, acting on the basis of the Certificate on the other hand, collectively referred to as the “Parties” , have drawn up this Agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor undertakes, the organization of transportation of goods in urban, suburban and intercity road transport.

1.2. The name of the cargo and its characteristics, the number of pieces, the weight of the cargo, its declared value, the address of delivery of vehicles for loading and unloading, the consignee, the date and time of the start of loading, as well as all additional information necessary for the organization and implementation of transportation, are indicated by the Customer in the Application ( Appendix No. 2 to this Agreement).

2. OBLIGATIONS OF THE CONTRACTOR

2.1. Under this Agreement, the CONTRACTOR is obliged to:

2.2. Organize the transportation of goods by road, following the route agreed by the Parties in the application.

2.3. Ensure the delivery of technically sound and suitable for transportation of the Customer's cargo for loading at the place and time specified in the application.

2.4. If the Contractor provides vehicles that are unsuitable for transporting the Customer’s cargo, the Contractor’s employee, if possible, eliminates the deficiencies that impede the transportation of cargo. If it is impossible to eliminate the deficiencies on site, the Contractor will replace the vehicle as soon as possible. The customer has the right to refuse, without incurring financial liability, the submitted vehicle if its parameters differ from the parameters specified in the Application and do not allow the transportation of cargo.

2.5. The Contractor, represented by the driver of the vehicle, has the right to refuse to overload in excess of the required weight specified in the Application. In this case, the Customer is obliged to eliminate overloading of vehicles. If the Contractor agrees to take overload, payment for overload of vehicles is carried out according to the agreement.

2.6. If it is impossible to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles without additional payment.

2.7. Deliver the cargo to its destination and hand it over to the consignee.

2.8. Forward cargo at the request of the Customer and check (recalculate) the cargo according to invoices or other documents of the Customer for an additional payment (by agreement of the Parties).

2.9. Provide the Customer with advice on improving the efficiency of transportation through the selection of rational routes, loading and unloading and other operations.

2.10. The Contractor has the right to refuse to accept cargo that, by its nature, requires special conditions of transportation, security, or cargo that is dangerous by nature.

3. RESPONSIBILITIES OF THE CUSTOMER

Under this Agreement, the CUSTOMER is obliged to:

3.1. Be guided by the standard requirements for domestic transportation of goods, the Civil Code of the Russian Federation, the Federal Law of the Russian Federation of November 8, 2007 N 259-FZ “Charter of Road Transport and Urban Ground Electric Transport”.

3.2. The Customer guarantees that he is the legal owner of the cargo, that the cargo does not have any attachments that are prohibited or have restrictions for transportation by road on the Contractor’s terms in accordance with the current legislation of the Russian Federation.

3.3. If the cargo is presented for transportation with a declared value and the declared value of the cargo exceeds the amount of 100,000 (one hundred thousand) rubles, insurance of this cargo is mandatory. Insurance is carried out by the Client in the insurance company chosen by him and at the expense of the Client.

3.4. Submit an application in writing (via email) indicating all the necessary data no later than 17.00 on the day preceding the day of loading. The parties have the right to refuse delivery of vehicles without compensation for damage/losses, no later than 18.00 hours of the day preceding the day of loading.

If the Customer is not ready to load/unload on the agreed day, the Customer is obliged to notify the Contractor no later than 5:00 p.m. on the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor for losses associated with the supply of vehicles in the amount of 50% of the minimum order price for this vehicle.

3.5. Provide unobstructed access roads to the loading/unloading area. Timely and properly prepare documents (passes) for the right of entry and exit of vehicles at loading/unloading points.

3.6. Before the arrival of vehicles for loading, prepare the cargo for transportation (pack, label). In case of refusal of the required container/packaging, the Customer is responsible for all consequences of spoilage, damage and loss.

3.7. Issue to the Contractor shipping documents, or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for the carriage of cargo, invoices, certificates of conformity and safety, invoices, passports, etc.) and carry out customs, sanitary and other types of state control.

3.8. Timely provide the Contractor with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the Contractor to fulfill its obligations under the Agreement, including the numbers/addresses of communication means (telephone, e-mail).

3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the sender of the cargo. If the consignee specified in the Application is not at the destination, or the consignee refuses to accept the cargo, pay the Contractor’s expenses for delivering the cargo to the destination, returning the cargo to the point of departure, as well as the costs of storing the cargo.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of the Contractor's services is indicated in Appendix No. 1 to this Agreement or is agreed upon for each transportation separately in the Application (Appendix No. 2).

4.2. The Customer pays all unforeseen and documented expenses of the Contractor, additionally incurred by him in the process of executing this Agreement and legally paid by the Contractor, including downtime/driving of vehicles due to reasons beyond the control of the Contractor, arrival of vehicles at several addresses when delivering cargo from/to The Customer, entrances to the loading/unloading area, etc. All expenses incurred in the interests of the Customer are included by the Contractor in the invoice.

4.3. Payment for services for organizing the transportation of goods is made by the Customer in accordance with the issued invoices within 5 (five) banking days from the date of receipt of the invoice by transferring funds to the Contractor's bank account.

4.4. An invoice for services provided can be made by the Contractor both for an individual transportation and for a certain period during which the transportation was carried out. The Contractor provides the Customer with an invoice by email, the Customer undertakes to pay it within 5 days from the date of receipt.

4.5. The acceptance certificate for the services provided must be agreed upon and approved by the Customer within 5 (five) days from the date of receipt. The fact of receipt of the act is a receipt issued by the Customer’s employee, or confirmation by the Customer’s employee of receipt of the act by e-mail.

4.5.1. If the Customer does not notify the Contractor about changes in the act, then after 5 (five) days from the date of receipt, the act is considered approved.

4.5.2. If, when agreeing and approving the act, discrepancies in cost are discovered, then the next invoice is issued taking into account the identified discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse overpaid funds.

4.6. If the Customer fails to pay the invoices issued by the Contractor or the Customer has any other debt to the Contractor, the latter has the right to retain the cargo at its disposal until payment of remuneration and reimbursement of expenses. In this case, the Customer also pays the costs associated with retaining the property. For any damage to the cargo resulting from its retention by the Contractor, in the cases provided for in this paragraph, the Customer is responsible.

4.7. By agreement of the Parties, amounts intended to cover the Contractor's expenses may be paid by the Customer in advance payment (advance payment).

5. RESPONSIBILITY OF THE PARTIES

5.1. Responsibility of the Contractor:

5.1.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Contractor shall be liable on the grounds and in the amount determined in accordance with the current legislation of the Russian Federation.

5.1.2. For non-delivery of vehicles, in accordance with the Customer’s application, the Contractor is responsible in the amount of 50% of the minimum order price for this vehicle. In this case, the Contractor is not relieved of the obligation to provide vehicles. Failure to submit is considered to be the Customer’s refusal of the Contractor’s vehicle if it is late by more than 4 (four) hours in accordance with the Application.

5.1.3. For late delivery of vehicles, the Customer has the right to demand that the Contractor pay a penalty in the amount of 5% of the minimum order price for this vehicle for each hour of delay.

5.1.4. The Contractor is not responsible for incorrectly declared cargo, as well as for shortage of cargo if the outer packaging is intact and (or) the Customer’s seals are broken.

5.1.5. In the event that the Customer orders the “Cargo Forwarding” service, the Contractor is liable to the Customer in the form of compensation for actual damages for loss, shortage or damage (spoilage) of the cargo after its acceptance by the Contractor and before the delivery of the cargo to the consignee or his authorized person, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that he could not prevent and the elimination of which did not depend on him.

If the Contractor proves that the violation of the obligation is caused by improper execution of the Contracts of Transportation, then its liability to the Customer is determined according to the same rules according to which the corresponding carrier is responsible to the Contractor.

5.2. Customer's responsibility:

5.2.1. The customer is responsible for refusing to order a vehicle later than 18:00 on the day preceding the day of transportation in the amount of 50% of the minimum order price for this vehicle.

5.2.2. The Customer is responsible for the correctness, reliability and completeness of the information necessary for the execution of the Agreement (including indicating the name of the cargo); in the event of the absence, insufficiency or unreliability of this information, the Customer pays fines for the return, storage, redirection of cargo and other services organized by the Contractor.

5.2.3. The Customer is responsible for the correctness and accuracy of filling out invoices and other documents drawn up for the execution of the Agreement.

5.2.4. The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill the obligation to provide information specified in this Agreement.

5.2.5. For delays in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him on behalf of the Customer for more than 5 (five) banking days, the Contractor has the right to charge the Customer a penalty in the amount of 0.5% (zero point five percent) of the amount of the invoice issued by the Contractor for each day of delay.

5.3. Responsibility of the Parties:

5.3.1. The parties are released from liability for complete or partial failure to fulfill their obligations if such failure is a consequence of force majeure circumstances, i.e. extraordinary and unpreventable circumstances under the given conditions that arose against the will and beyond the control of the Parties, such as: flood, earthquake, other natural disasters, war or hostilities, embargoes, mass strikes, disasters, air temperature dropping below minus 35 degrees Celsius, changes or the emergence of new legislative acts that arose after the conclusion of this Agreement, actions of the government and public authorities that prevent the Parties from fulfilling their obligations.

5.3.2. The Party for which it is impossible to properly fulfill its obligations under this Agreement is obliged, immediately from the moment of detection, to notify the other Party of the beginning and termination of force majeure circumstances.

5.3.3. If any of such circumstances directly affects the fulfillment of obligations within the period stipulated in this Agreement, then this period, by written agreement of the Parties, is proportionately extended for the duration of the relevant circumstance. In this case, the Parties do not have the right to demand compensation from each other for possible losses.

5.3.4. All legal and financial responsibility for the delay of the vehicle en route by employees of the internal affairs bodies, associated with the absence or incorrect execution of documents for cargo/vehicles, falls on the Party that carries out the preparation of the relevant documents, and in the case of documents for vehicles, on the Contractor.

5.3.5. If the Customer or his representative discloses information under this Agreement relating to financial relations to third parties, including drivers or loaders from the Contractor, the Customer shall pay the Contractor a penalty in the amount of 50,000 rubles.

5.3.6. If the Customer enters into an agreement (oral or written) for the provision of services with a driver or loader from the Contractor directly, bypassing the Contractor, the Customer pays the Contractor a penalty in the amount of 50,000 rubles.

6. DISPUTE RESOLUTION PROCEDURE

6.1. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through joint negotiations between the Parties based on the principles of mutual respect and recognition of the rights of the other Party.

6.2. If the Parties during the negotiations do not reach agreement on resolving controversial issues, the dispute is referred to the Moscow Arbitration Court for consideration in accordance with the current legislation of the Russian Federation.

6.3. Telegraphic and postal (including electronic) notices have documentary significance in subsequent claims proceedings in arbitration and judicial authorities between the contracting Parties, if any.

6.4. Agreements, acts, applications, invoices and other documents transmitted by email in word, pdf, jpeg, jpg, gif, png, tiff, txt, zip, rar formats have the legal force of the original.

7. TERM AND PROCEDURE OF THE AGREEMENT

7.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 2018.

7.2. The Agreement is automatically extended for the next calendar year unless either Party declares its termination in writing no later than 30 days before the expiration of the Agreement.

7.3. Any changes, additions and claims to this Agreement are valid only if they are in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, by written form the Parties understand both the preparation of a single document and the exchange of letters (including electronic ones), telegrams, messages using fax communications, allowing identification of the sender and the date of departure.

7.4. In case of early termination of the Agreement, a Settlement Certificate is drawn up. Each Party is obliged to return the agreed amount (advance payment) to the second Party within 3 banking days.

7.5. In everything that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

7.6. This Agreement is drawn up in 2 (two) copies having equal legal force, one copy for each Party.

8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

CUSTOMER:

EXECUTOR:

CUSTOMER:

LLC "Company"

General manager

____________________ / Full name

EXECUTOR:

Individual entrepreneur Full name

____________________ / Full name

The transport organization engaged in the transportation of goods and the shipper, who hands over the goods for transportation and pays the freight charge, enter into a contract of carriage between themselves. In most cases, the shipper entrusts the cargo to a transport organization and indicates to it a third participant in the process - the consignee, to whom the cargo is delivered at the destination.

The above definition gives grounds to conclude that, by its nature, the contract of carriage is paid and reciprocal. It is paid because the carrier receives a certain reward for transportation. Since the carrier must transport the goods and has the right to receive freight charges, and the shipper has the right to transport the goods and is obliged to pay for the transportation, then the contract is mutual.

_________________________________ (motor transport enterprise), in
hereinafter referred to as___ Carrier, represented by the director_________________ acting on the basis of ________________ on the one hand, and ________________ hereinafter referred to as___ Client, represented by ________________________________________________
acting on the basis of ______________________________________________
on the other hand, have entered into an agreement as follows:

1. Subject of the agreement.

1.1. The Carrier undertakes to accept, and the Client to present for transportation, cargo on the basis of the approved plan in the amount of _________ thousand ton-kilometers, distributed according to the nomenclature of cargo and quarterly.
1.2. _____________ days before the start of the quarter in accordance with the agreement
and within the quarterly plan, the Carrier, in agreement with the Client, approves monthly plans and determines ten-day planned tasks for the transportation of goods for the first month of the quarter. In the same order, ten-day planned targets are set for the second and third months of the quarter.
1.3. The motor transport company carries out transport for the Client.
but forwarding services _____________________________________________________.
1.4. The amount of this agreement is determined approximately at ___________
____________ thousand rubles.

2. Rights and obligations of the parties under the agreement.

2.1. The Carrier carries out cargo transportation based on the Client’s requests, which are provided in writing or by telephone:
A). no later than ____________ hours of the day preceding the day of transportation when
intracity and suburban transportation;
b). no later than ____________ hours - for international transport.
Applications are accompanied by a schedule for submitting vehicles to
points indicating the daily and average daily volume of cargo transportation.
2.2. The carrier is obliged:
A). determine the number of vehicles and their types for cargo transportation, depending on the volume and nature of transportation and ensure their delivery to all loading points at the hours specified in the schedule agreed upon by the parties;
b). provide for loading serviceable vehicles suitable for transportation
of this cargo and meeting sanitary requirements;
V). accept responsibility for the safety of all goods transported under this agreement during transit;
G). deliver the cargo entrusted to him by the Client to the destination and issue
to its authorized person to receive the cargo (consignee).
2.3. The client is obliged:
A). when transporting goods, ensure reception and release daily from _____ to ________ hours (including on weekends and holidays), while not allowing a reduction in the volume of loading and unloading operations;
b). on our own and in compliance with safety requirements
movement and ensuring the safety of cargo and vehicles unload
vehicles at their bases and warehouses from ___________ hours to _____________
hours, preventing vehicles from being idle for loading and unloading beyond their
new time limits;
V). Before the vehicles arrive for loading, the Client is obliged to prepare the cargo for
transportation (pack, prepare transportation documents, passes for the right
travel to the place of loading and unloading, etc.);
G). check before loading the suitability of vehicles for transporting this cargo;
d). in order to avoid refusal to transport goods, provide the Carrier with a bill of lading in the established form for the goods of a commercial nature presented for transportation;
e). maintain access roads to loading and unloading points and loading and unloading areas in good condition for implementation at any time
time of unhindered movement of vehicles with a carrying capacity of up to
__________tons. Have the necessary technical equipment for loading and unloading
means and devices;
and). ensure timely and proper registration in accordance with the established
the order of waybills and waybills.
2.4. The waybill, certified by the seal of the Carrier upon presentation by the driver-forwarding agent of a document proving his identity, is the basis for his receipt of cargo for transportation with the financial responsibility of the Carrier.
2.5. Additional terms _____________________________________________________
_______________________________________________________________________

3. Payments for transportation.

3.1. The amount of payment for transportation and the amount of fees for the Carrier’s performance of operations and services related to transportation are determined on the basis of contract prices.
3.2. Freight forwarding operations and other services are paid by the Client by bank transfer.
3.3. The final payment for payments for the transportation of goods and freight forwarding operations is made by the Client on the basis of the Carrier's invoice.

4. Responsibility of the parties.

4.1. The parties to the agreement in case of non-fulfillment or improper fulfillment of obligations under this agreement bear financial responsibility within the limits provided for by the Charter of Road Transport of the Russian Federation.
4.2. In case of systematic violation by the Client of the obligations provided for in paragraphs “a”, “b” and “f”, clause 2.3. of this agreement, in addition to the liability provided for by the Charter of Road Transport of the Russian Federation, the Carrier has the right to suspend the transportation of goods by notifying the Client 3 days in advance.

Concept and types of contract of carriage:

Transport obligations are obligations for the transportation of goods, passengers and luggage, as well as other obligations for the provision of transport services related to transportation:

Transportation can be classified according to various criteria. The following types of transportation are distinguished depending on:

• depending on the type of transport: railway, river, sea, air, road transportation;
• from the number of carriers:
• from the number of carriers:
• transportation in local traffic (when transportation is carried out by one type of transport and within one transport enterprise - railway, river shipping company);
• Direct transportation is carried out using one document by several carriers of the same type of transport (two railways);
• transportation in direct mixed traffic is carried out by different modes of transport by several carriers (railway and air transport).

By sea transport:

• transportation in small cabotage. Small cabotage means transportation between two Russian ports located in the same sea;
• transportation in large cabotage. Transportation between two ports of the Russian Federation located in different seas;
• transportation in foreign traffic. These shipments are carried out to or from foreign ports.

By air:

• domestic air transportation - the point of departure, destination and all landing points are located on the territory of the Russian Federation;
• international air transportation – the point of departure and destination is located on the territory of two states or on the territory of one state if a landing point is provided on the territory of another state.

In road transport, transportation is distinguished in domestic traffic and international traffic. Depending on what is being transported, there are different types of transportation contracts:

• transportation of goods;
• luggage transportation;
• transportation of passengers;
• mail transportation.

Legal regulation of transportation is carried out mainly by: the Civil Code, the Merchant Shipping Codes (KTM RF), the Inland Water Transport Code, the Air Code, the transport charter of railways and the relevant by-laws.

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Contract for the carriage of goods:

Contract of carriage of goods- an agreement by virtue of which the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender of the goods undertakes to pay the established fee for the carriage of goods.

Subject of the agreement These include delivery, storage, issuance, loading and unloading of cargo.

Parties to the agreement a carrier is recognized - a transport organization, legal entity, railway, automobile enterprise, shipping company that has a license to carry out transportation; consignor - legal or natural person; consignee - a third party to whom the cargo is sent. The contract is concluded in writing by drawing up a single document that formalizes the transportation of goods, this can be a waybill or, in maritime transport, a bill of lading.

The moment of conclusion of the contract The moment of delivery of the cargo with accompanying documents is considered.

Contract term- this is the period during which the cargo must be delivered; it is considered met if the cargo is unloaded or submitted for unloading before the expiration of the delivery period. For the transportation of goods, a freight charge is charged, established by agreement of the parties, or determined on the basis of tariffs approved in the manner established by transport charters and codes.

Conclusion of a cargo transportation contract is confirmed by the preparation and issuance to the sender of the cargo of a waybill (bill of lading) or other document for the cargo provided for by the relevant transport charter or code.

Transportation documents- documents drawn up in accordance with the established rules necessary for the transportation of goods. When transporting by air, the contract for the carriage of goods by air is certified by a cargo bill of lading. The form of the cargo waybill is established by a specially authorized body in the field of civil aviation. When transporting by rail or road, transportation is carried out on the basis of a consignment note issued for the entire route of the goods. When transporting by sea, after accepting the cargo for transportation, the carrier, at the request of the sender, is obliged to issue a bill of lading to the sender. To conclude a contract of carriage, prerequisites of an organizational nature are required.

Such prerequisites may include applications (orders) from shippers; contracts on the organization of transportation (annual, navigation, etc.); in cases provided for by law - administrative planning acts.

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Rail transportation:

Railway transportation agreement a consignment note is issued, which is the main transportation document. It accompanies the cargo throughout its entire route and is issued to the consignee at the destination station along with the cargo (cargo accompanying document).

Legal meaning of the invoice:

• is a mandatory written form of the contract;
• proves the fact of concluding the contract and embodies its content;
• legitimizes a person to file claims and claims against a transport organization arising from improper execution of a transportation contract.

The contract is considered concluded from the moment the cargo is transferred for transportation along with the consignment note. Other transportation documents: road manifest, carriage list, transfer sheet for direct intermodal transportation. These documents are primary accounting documents and have evidentiary value. Tariffs for freight transportation are established on the basis of the state budget, pricing and tariff policies in accordance with the Law on Natural Monopolies in the manner determined by the Government of the Russian Federation. Transportation differs between freight and higher speed, and also distinguishes between transportation by passenger trains and cargo luggage.

The delivery time is calculated from the 24th hour of the day the cargo is accepted for transportation; if the cargo was accepted for transportation earlier than the scheduled day of loading, then from the 24th hour of the day on which the cargo is to be loaded. The cargo is considered delivered on time if at the destination station it is unloaded by railway means or if the wagon (container) is submitted for unloading by the consignee before the expiration of the established delivery period. The liability of the parties for improper execution of the contract of carriage is regulated by the Civil Code of the Russian Federation, transport charters and codes, as well as agreements of the parties.

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Air transportation:

Carrier- an operator who has a license to carry out air transportation of passengers, baggage, cargo or mail on the basis of air transportation contracts.

Operator- an individual or legal entity who has ownership or other rights to an aircraft and uses it for flights. He must have a special certificate to fly.

The Air Code of the Russian Federation (AC RF) distinguishes between domestic air transportation, when all landing points are located on the territory of Russia, and international air transportation, in which at least one of the landing points is located on the territory of another state. Also distinguished: local, direct and transit air transportation.

The contract is drawn up with a cargo (postal) waybill. Along with regular air transportation, an air charter agreement is used. The essence of such an agreement is the provision by the charterer to the charterer of one or more aircraft (parts thereof) for the air transportation of cargo or passengers and luggage for one or more flights. The nature of such an agreement is similar to a maritime charter. Freight charges are calculated according to tariffs or by agreement of the parties. It is charged for the distance along the shortest transportation route in accordance with the current schedule or for the distance determined by the contract.

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Sea transportation:

In maritime transport, transportation is distinguished into:

• small cabotage - transportation between two Russian ports located in the same sea;
• large cabotage - transportation between two ports of the Russian Federation located on different seas;
• overseas communication. These shipments are carried out to or from foreign ports.

Maritime transportation is traditionally regulated by dispositive regulations. The carrier is a shipping company or port. A contract for the carriage of goods by sea can be concluded: 1) with the condition that the entire vessel, its part or individual premises (holds) are provided for transportation. In this case, a ship charter agreement or charter is concluded, by virtue of which one party (charterer, shipowner) undertakes to provide the other party (charterer, shipper) for a fee with all or part of the capacity of one or more vehicles for one or more voyages for the transportation of goods, passengers and luggage; 2) without such a condition. In this case, the contract is formalized by a bill of lading.

The bill of lading is usually drawn up in two copies, one of which remains with the carrier, and the other is issued to the sender and serves as the basis for receipt of the cargo, as well as payments under the agreement with its recipient. The bill of lading is drawn up by the carrier on the basis of the loading documents, signed by the captain of the ship and issued to the sender. It is a strictly formal security, the disposal of which means the transfer of goods (document of title).

Charter- consensual type of contract of carriage. A charter is used for the transportation of large consignments or bulk cargo, and a bill of lading is used for small-volume transportation. An agreement to charter a vessel for a period of time - a time charter - differs from a charter. It is used both for the transportation of goods and passengers, and for other purposes. By its nature, a time charter is a vehicle rental agreement.

Freight charges (freight) are determined by agreement of the parties to the contract or by tariff. Delivery times for goods are established in accordance with regulations and by agreement of the parties. If they are not determined, the carrier is considered to have fulfilled his obligation in relation to the deadline, provided that after loading the ship immediately set out on a voyage and moved at its usual speed, the usual route used by merchant ships during similar transportation.

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Transportation in direct mixed transport:

Direct mixed transportation is recognized as transportation in which at least two modes of transport are involved, carrying out transportation under a single document drawn up for the entire route. Direct mixed traffic is characterized by two characteristics: 1) participation in the transportation of carriers of different modes of transport; 2) drawing up one transport document for transportation.

Direct mixed traffic includes: 1) railway stations open for cargo transportation operations; 2) sea and river ports; 3) bus stations, airports, provided for in the lists established by the relevant federal executive authorities in the field of transport.

The cost of the work is indicated after its completion in the bill of lading for collection of the cost of work from the consignees.

The total delivery time of goods in direct mixed traffic is determined based on the totality of the delivery times of goods by rail and other types of transport, and is calculated on the basis of the rules for calculating the delivery times of goods that apply to the corresponding types of transport.

For non-preservation of cargo before its transfer to the transshipment point, the delivering party bears property liability, and after transfer, such liability lies with the party that accepted the cargo.

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Contract for the carriage of passengers and baggage:

The transportation of passengers and baggage is carried out on the basis of a contract of carriage, by virtue of which one party (the carrier) undertakes to transport the passenger to the destination, and if the passenger checks in the luggage, also to deliver the luggage to the destination and hand it over to the person authorized to receive the luggage; the other party (passenger) undertakes to pay the established fare, and when checking in baggage, also for the carriage of baggage.

The contract is mutual, compensated, consensual. The contract for the carriage of passengers by public transport is also public. The conclusion of such an agreement is certified by a ticket, which indicates all the essential terms of the agreement. The form of the ticket is established in the manner prescribed by transport charters and codes.

Under the contract for the carriage of baggage, the carrier is obliged to deliver the baggage entrusted to him by the passenger to the specified destination and hand it over to an authorized person; the passenger is obliged to pay the agreed fee for the carriage. Explosive and flammable substances cannot be accepted into luggage. The contract is mutual, real, paid, public. Baggage check-in is certified by a baggage receipt. At your destination, luggage is stored free of charge for 24 hours. For storage beyond this period, a fee is charged in the manner determined by the rules for the provision of passenger transportation services. Baggage that is not claimed within 30 days from the date of arrival, as well as cargo luggage of citizens that is not claimed within 30 days from the written notification of the recipient of its arrival, is subject to sale in the manner prescribed by law.

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Transport expedition agreement:

Transport expedition agreement- an agreement by virtue of which one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client - the shipper or consignee), to perform or organize the performance of services specified in the forwarding agreement related to the transportation of goods.

The contract is mutual and compensated. In addition, it can be consensual (in the case when the forwarder organizes the performance of forwarding services); real (in the case when the forwarder organizes the performance of forwarding services with the cargo entrusted to him).

Parties to the agreement:

• client - the subject to whom services are provided;
• forwarder - an entity providing services to the client.
• Any persons (primarily the sender and recipient of the cargo, as well as its owner) interested in receiving forwarding services can act as clients under the contract.
• A forwarder can only be an entrepreneur (commercial organization or individual) who has received a license to carry out transport and forwarding activities. The forwarder can be either a specialized organization or a regular carrier (for example, a structural unit of a transport enterprise). The forwarder has the right to involve other persons in the performance of his duties, unless otherwise provided by the expedition agreement.

Subject of the agreement- services related to the transportation of goods. They are divided into basic (on the organization of transportation, including the conclusion of a contract of carriage) and additional, which can cover any issues related to the transportation of goods.

The contract can be concluded for both full and partial transport and forwarding services. Contracts can be one-time - for the fulfillment of one-time expeditionary orders - and long-term, which are concluded in the presence of a constant need for transport and forwarding services.

Contract form- simple written. Its duration is determined by agreement of the parties. The client must issue a power of attorney to the forwarder if it is necessary for the performance of his duties. The contract price is the freight forwarder's remuneration, which is determined by agreement of the parties.