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Agreement for passenger transportation by road. The contract for the provision of transport services. Settlement of disputes from the contract

for the carriage of passengers by road through the territory of Russia

Rostov-on-Don No. _______ "__" ___________ 20___

Individual entrepreneur, hereinafter referred to as the "Carrier". G., acting on the basis of certificate 61 No. dated 01.01.2001, on the one hand, and __________, hereinafter referred to as the "Customer", represented by _________________, acting on the basis of _________, on the other hand, have entered into this agreement on the following:

1. Subject of the contract

1.1. The carrier undertakes to carry out the carriage of passengers by road on the basis of an application agreed by the parties.

1.2. The Carrier performs operations for the Customer related to the carriage of passengers.

1.3. The point of departure is Rostov-on-Don, the point of loading / unloading is _______, the final point is Rostov-on-Don. The distance from the point of departure to the point of loading / unloading and back is __ km.

2. Conditions of carriage. Rights and obligations of the parties.

2.1. The Carrier carries out the transportation of passengers on the basis of the Customer's application, which provides it in writing or by phone at least three hours before the order for intracity and suburban transportation, and in writing no later than 14.00 hours of the day preceding the day of transportation for intercity transportation.

2.3. The carrier is obliged:

2.3.1. Upon receipt of the application, coordinate its implementation within three hours. On the day when vehicles leave the garage, inform state numbers vehicles, passport data of drivers, and other information necessary for transportation.

2.3.2. Determine the number of vehicles and the type for transportation, depending on the number of passengers, the nature and distance of transportation, and ensure its delivery to all loading points at the hours specified in the application.

2.3.3. Submit for loading vehicles in a technically sound, clean condition, suitable for the carriage of passengers and baggage and ensuring safe movement within the time frame agreed by the parties.

2.3.4. Ensure that the driver has properly executed documents for the smooth performance of transportation.

2.3.5. Provide passenger insurance for intercity transportation.

2.3.6. Notify the Customer of any delays that may lead to a violation of the time of arrival at the destination.

2.3.7. As the services are rendered, provide the Customer with the Certificate of Completion and other documents requested by the Customer.

2.4. The customer is obliged:

2.4.1. When ordering intercity transportation, provide a list of passengers at the same time as the application.

2.4.2. Prepare passes for the right of way before the arrival of vehicles, if necessary.

2.4.3. When carrying out transportation, vehicles enter the territory of the Customer out of turn.

2.4.4. Ensure that the responsible persons put down marks on the time of arrival of vehicles and the time of departure in transport documents.

2.4.5. When transporting children, provide accompanying persons in the amount of at least two adults.

3. Calculations for transportation

3.1. The amount of payment for carriage and the amount of fees for the Carrier's performance of operations and services related to carriage are determined by agreement of the parties and in accordance with the Carrier's tariffs.

3.2. Long-distance transportation services are paid by the Customer to the Carrier upon receipt of the application in cash at the cashier's office or by payment order by way of 100% prepayment of the amount originally calculated by the Carrier. Payment for additional vehicle mileage and excess downtime is made by the Customer after the provision of services within three banking days after the invoice is issued.

3.3. When providing transportation services in the city and suburbs, payment is made after the provision of services within one banking day after the invoice is issued.

3.4. The basis for issuing an invoice for the transportation services provided is the data of the waybills, or sheets of accounting for the services provided, certified by the Customer.

3.5. If the cost of the provided intercity transportation service turns out to be less than the amount received by the Carrier as an advance payment, the latter undertakes to return the difference to the Customer within three banking days after the provision of the service.

4. Responsibility of the parties

4.1. In case of non-delivery of vehicles within 1 hour after the deadline specified in the application, the Carrier, at the request of the Customer, pays the latter a fine for each hour of downtime in accordance with the tariffs. Payment of the fine does not relieve the Carrier from the obligation to carry passengers according to the application.

4.2. If the Customer refuses the transportation ordered by him less than one hour before the delivery of the vehicle, the Customer shall pay a fine of 500.00 rubles.

4.3. In case of delay by the Customer in payments of the amounts due to the Carrier in accordance with clauses 3.2, 3.3, the Customer pays penalties in accordance with the current legislation of the Russian Federation.

4.4. In all other respects that are not regulated by this Agreement and the Charter of Road Transport, the parties are responsible in accordance with the current legislation of the Russian Federation.

5. Force Majeure

5.1 Neither of the parties is liable to the other for failure to fulfill obligations arising from circumstances that have arisen against the will and wishes of the parties and which cannot be foreseen or avoided. A document issued by the relevant competent authority is sufficient confirmation of the existence and duration of force majeure.

5.2. A party that does not fulfill its obligations due to force majeure must immediately notify the other party of the obstacle and its effect on the fulfillment of obligations under the Agreement.

6. Terms of validity and conditions of termination of the Agreement.

6.1. This agreement is considered to have entered into force from the moment of its signing and becomes invalid after the parties fulfill their obligations stipulated in this agreement.

6.2. The agreement can be terminated ahead of schedule on the basis of a written application from one of the parties.

6.3. Termination of the Agreement by one of the parties does not exempt the parties from satisfying claims that occurred before the application for termination of the Agreement.

7. Additional terms

7.1. All disputes and disagreements between the parties are resolved through negotiations, if no agreement is reached in the Arbitration Court of Rostov-on-Don.

7.2. All changes and additions to the Agreement are made in writing and signed by both parties.

7.3. An integral part of the Agreement are the Tariffs for the services rendered by the Carrier.

7.4. The parties recognize the legal force of applications, and other documents sent by facsimile or electronic communication, which makes it possible to reliably establish that they come from the party under the contract.

8. Addresses and payment details of the parties

Carrier: Customer:

Yur. 344103 Rostov-on-Don, st. Sorge, 58 / 1-29

Fact. Rostov-n / D, per. Bratskiy, 61/25, letter A

tel / fax (8,

Remote office No. 000/0369

South-West Bank of Sberbank of Russia

_________________ ___________________

We name__ hereinafter the "Carrier", represented by _________________________________________________, acting on the basis of the certificate, on the one hand, and ____________________, we shall refer to ___ hereinafter as the "Customer", represented by ______________________, acting on the basis of _______ on the other hand, have entered into an agreement on the following:

1. The Subject of the Agreement

1.1 The Carrier provides the Customer with a vehicle: bus brand ____________________ state number ______________ for carrying passengers along the route: ______________________________________________________,
and the Customer pays the amount stipulated by the contract for the transport services to the Carrier.
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 their flights Vehicle under circumstances that he could not foresee and which he could not prevent by returning the passengers (or the customer of services) the funds they paid for the carriage.
2.1.2. Restrict or stop transportation in the event of a natural disaster, epidemic, epizootic or other emergency.
2.1.3. Cancel the movement of vehicles in the event of a threat to the life or health of passengers.
2.2. The carrier is obliged:
2.2.1. Instruct drivers on the Rules road traffic and the Rules for the provision of passenger road transport services.
2.2.2. Ensure that the personnel comply with the requirements of the legislation on road transport.
2.2.3. Provide the driver with the necessary documentation.
2.2.4. Keep 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 departures, and the corresponding visual information.
2.2.6. Ensure the passage of passengers to their destination along the route without additional costs in case of termination of the trip due to technical malfunction vehicle.
2.3. The customer has the right:
2.3.1. Make an application for the carriage of passengers by road 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 the carriage of passengers by road to order.
2.4.2. Draw up a list of passengers in duplicate by the beginning of the carriage (for the carrier, the customer).
2.4.3. Familiarize passengers with the conditions of receipt 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 marked in the list to be transported, check the compliance of the packaging and stowage of the cargo with the requirements for ensuring its safety during transportation.
2.4.6. Provides departure of passengers according to the request.
2.4.7. After the provision of the transport service, sign a waybill and an application for the carriage of passengers by road transport to order, noting the path traveled by the vehicle, the start and end time of the journey, and in case of a change in the timetable, its reason.

3. Procedure for making settlements

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

4. Responsibilities of the parties

4.1. In the event of non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, the guilty party shall compensate the other party for all losses incurred, in the amount of the actual damage caused.
4.2. For untimely payment for services for the carriage of passengers by road to order, the Customer shall pay the Carrier a penalty in the amount of 0.05% of the total amount owed 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 implementation of this agreement. The parties are obliged to notify each other about these circumstances immediately, within a reasonable time.

5. Procedure for changing and terminating the contract.

5.1. Any changes, additions, annexes to this Agreement are its integral part 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 take place in the following cases:
5.2.1. Payment for services for the carriage of passengers by road transport to order has not been made in a timely manner.
5.2.2. The driver of the vehicle may refuse carriage if the passenger:
5.2.2.1. Is in a state of alcoholic or drug intoxication.
5.2.2.2. Violates public order.
5.2.2.3. Submits baggage prohibited for carriage or baggage that does not meet the established standards in 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 through the fault of the passenger, the payment for the transportation services is not refunded.

6. Other terms of the contract

6.1. In the event of an increase in prices for fuels and lubricants, spare parts, materials, an increase in taxes and other charges that are included in the cost of transportation, the Carrier has the right to raise the price of the service for the transportation of passengers by road to order, which is formalized by an additional agreement.
6.2. Disputes arising under this Agreement are settled through negotiations, if an agreement is not reached, the dispute is resolved in court at the suit of one of the parties.
6.3. On issues not provided for in this Agreement, the parties are guided by the current legislation, the Charter of road transport and urban land electric transport.
6.4. Real contract 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__.

Under the contract for the carriage of passengers and baggage by road, the carrier undertakes to transport the client and his luggage to the destination by road. The passenger, in turn, undertakes to pay for the 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, onerous, consensual, or tangible. A bilateral contract for the carriage of passengers is recognized, since each of its parties has reciprocal rights and obligations. Remuneration lies in the fact that the carrier's service for moving a passenger from the point of departure to the point of destination is paid: the carrier is engaged in professional activities to move passengers and baggage for a set fee. And finally, the transaction can be either consensual (that is, for its conclusion, it is enough to agree by the parties to all essential conditions), and real.

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

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

  • in city traffic (within the boundaries of settlements);
  • v commuter service(between settlements);
  • in intercity traffic;
  • v international traffic(outside the territory Russian Federation or to the territory of the Russian Federation crossing the State Border of the Russian Federation, including in transit).

Conditions 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 a passenger along the route of regular transportation and according to the schedules established by the carrier. Schedule of regular transportation of passengers and baggage is drawn up for each stopping point of the route of regular transportation, which provides for a mandatory stop of the vehicle. The schedule contains the intervals for the departure of vehicles, including by time periods of the day, or the time schedule for the departure of vehicles from the 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:

  • baggage (cargo) in the amount of no more than two pieces, the length, width and height of each of which in total does not exceed 180 cm;
  • carry-on baggage in the amount of no more than one piece, the length, width and height of which in total does not exceed 120 cm, one pair of skis in a cover, a sled, a baby carriage.

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

Agreement for the carriage of passengers by road

Hereinafter referred to as the person acting on the basis of,

collectively referred to as the Parties, and individually - the Party,

Subject of the contract

1.1.

1.2.

This means a vehicle equipped with seats.

Conditions of carriage

2.1.

Provides a vehicle provided for in p. 1.2 Agreements for boarding Passengers in, at.

2.2.

Carriage of Passengers is carried out in accordance with the following data:

Route:

Delivery time:

2.3.

The vehicle is provided for the carriage specified in cl. 1.1 Of the contract of the circle of persons and must be suitable for the carriage of Passengers, and meet the requirements for safe carriage.

2.4.

The procedure for admitting Passengers to boarding a vehicle is carried out upon presentation of a document certifying the right to travel to which it relates, and (or) in accordance with the list of Passengers presented.

2.5.

When traveling in a vehicle, each Passenger has the right to carry luggage in the luggage compartment of the vehicle in the amount of not more than one piece (s) and hand luggage in the amount of not more than one piece, while the size of one checked-in luggage (length / height / width) must not exceed, and weight, for hand luggage, dimensions no more.

2.6.

Baggage and carry-on baggage must comply with the requirements of the rules for the carriage of passengers. Carry-on baggage should also not prevent passengers from entering and exiting the vehicle. In case of violation of these requirements, it has the right to refuse to carry baggage and carry-on baggage. Baggage in faulty packaging will not be accepted for carriage.

2.8.

After fulfilling its obligations under the Agreement, it provides a signed on its part Certificate of acceptance and transfer of services rendered (in duplicate) in the form provided for in Appendix No. to the Agreement (hereinafter referred to as the Act).

2.9.

Within calendar days from the date of receipt of the Act, he is obliged to sign and return it or send a reasoned refusal to accept services and sign the Act.

2.10.

If, within calendar days from the date of receipt of the Act, he has not submitted written motivated objections to the Act, then the Act is considered signed, and the services specified in the Act are accepted.

Rights and obligations of the parties

3.1.

Undertakes:

3.1.1.

Within the period provided for in cl. 2.1 Of the Agreement to provide the vehicle agreed by the Parties in a condition suitable for the carriage of passengers and meeting the requirements of safe transportation.

3.1.2.

Provide information about the vehicle carrying Passengers.

3.1.3.

Provide the vehicle with fuel and other consumables.

3.1.4.

Ensure that the driver of the vehicle has documents that allow transportation, including a waybill indicating the route of transportation.

3.2.

Undertakes:

3.2.1.

If it is necessary to make changes to the route agreed by the Parties, notify about such changes no later than hours before the vehicle is delivered.

3.2.2.

If necessary, provide information on the necessary conditions for the carriage of Passengers.

3.2.3.

Timely and in the manner agreed upon by the Parties, pay remuneration for the services provided under the Agreement.

3.3.

3.3.1.

Replace a vehicle unsuitable for the carriage of Passengers.

3.3.2.

Refuse the Passenger to accept baggage for carriage, carry hand luggage, if the properties or packaging of things that make up the baggage, hand luggage do not meet the requirements established by the rules for passenger carriage.

3.3.3.

Refuse the Passenger to carry carry-on baggage if its placement in the vehicle will prevent entry into and exit from the vehicle.

3.3.4.

Demand payment of remuneration.

3.4.

3.4.1.

Refuse the submitted vehicle unsuitable for the carriage of Passengers.

3.4.2.

Receive information about the vehicle carrying Passengers.

3.4.3.

Carry luggage and carry-on baggage with you free of charge in accordance with the norms provided for in cl. 2.5 Of the contract.

Settlement procedure

4.1.

The cost of services under the Agreement is () rubles, VAT is not assessed due to the application of the simplified taxation system ( Art. 346.11 Of the Tax Code of the Russian Federation).

4.2.

Payment under the Agreement is carried out in the order of 100 (one hundred) percent prepayment. Payment is made within banking days from the date of signing the Agreement.

4.3.

Settlements under the Agreement are made by bank transfer by payment orders.

4.4.

The payment obligation is considered fulfilled at the time of enrollment Money into the account.

Responsibility of the parties

5.1.

The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the legislation of Russia.

Force Majeure

6.1.

The Parties are exempt from liability for full or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of state authorities or other extraordinary and unavoidable circumstances under the given conditions ...

6.2.

In the event of force majeure circumstances, the Party is obliged to notify the other Party in writing within working days with the provision of supporting documents issued by the competent authorities, and also to take all possible measures to reduce the losses of the other Party.

6.3.

The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.

Change and termination of the contract

7.1.

The Agreement can be changed or terminated by agreement of the Parties or at the request of one of the Parties on the grounds and in the manner prescribed by the legislation of the Russian Federation.

Settlement of disputes from the contract

8.1.

Disputes and disagreements in connection with the execution of the Agreement should mainly be resolved by the Parties through negotiations.

8.2.

The circumstances, which are the basis for the emergence of liability, during the carriage of Passengers or the provision of vehicles for carriage, are certified by acts.

8.3.

In the cases provided for Federal Law of 08.11.2007 No. 259-FZ "Charter of road transport and urban land electric transport" and (approved by the Decree of the Government of the Russian Federation of February 14, 2009 No. 112), a Commercial Act is drawn up in the presence of both Parties to the Agreement on the day of the discovery of the circumstances to be formalized by the act. If it is impossible to draw up a Commercial Act within the specified period, it is drawn up within the next day. If one of the Parties to the Agreement evades drawing up a Commercial Act, the other Party has the right to draw it up without the participation of the evading Party, having previously notified it of this.

8.4.

The procedure for drawing up Commercial Acts and affixing marks in documents is established Rules for the carriage of passengers and baggage by road and urban land electric transport(approved by the Decree of the Government of the Russian Federation of 14.02.2009 No. 112)

8.5.

A commercial act is drawn up in the number of copies corresponding to the number of persons participating in its preparation, but not less than 2 copies. Corrections in the compiled act are not allowed.

8.6.

Before filing a claim arising from the Agreement, a claim may be sent to. The term for consideration of a written claim is 30 days from the date of its receipt by the addressee.

8.7.

Claim letters are sent by express (courier mail) or registered by post with delivery receipt at the addresses indicated in the section “Addresses, details and signatures of the Parties”. Other ways of filing claims are not allowed.

8.8.

In case of non-settlement of disagreements in the complaint procedure, as well as in case of failure to receive a response to the complaint within the period specified in cl. 8.6 Of the Agreement, the dispute is referred to the court in accordance with the rules of jurisdiction established by law.

Contract time

9.1.

It comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations under it.

Other conditions

10.1.

The parties do not have any accompanying verbal agreements. The content of the text of the Agreement is fully consistent with the actual will of the Parties.

10.2.

Legally significant messages are sent only to the addresses specified in the section of the Agreement. The parties are obliged to inform each other in writing about the change contact information, and bear the risk of non-fulfillment of this obligation.

10.3.

The Agreement is made in 2 (two) original copies in Russian, one for each of the Parties.

10.4.

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

Applications

Addresses and details of the parties

Name: Name:
Address: Address:
Tel .: Tel .:
OGRN: OGRN:
INN: INN:
Checkpoint: Checkpoint:
e-mail e-mail
Р / сh: Р / сh:
Bank: Bank:
BIK: BIK:
Cor / account: Cor / account:

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

During transportation regular flights the purchased ticket and, if necessary, the baggage receipt are considered the contract of carriage. This requires a written agreement that reflects all the material aspects of the concluded transaction.

What laws are regulated

Passenger traffic is regulated by:

  • The Civil Code of the Russian Federation. The document introduces the concept of a contract for the carriage of people and establishes the main aspects of the agreement, which consist in the need for the carrier to make a flight to the specified destination, and 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 before starting work must obtain a permit in the form of a license;

The provision of passenger transportation services without a license is punishable by a fine in accordance with the Code of Administrative Offenses.

  • By the Charter of Road Transport, put into effect. The document introduces the concept of various transportations carried out by road transport, as well as the rules and norms for regulating the movement of passengers;
  • By the charter of railway transport, regulated by. The document was last revised in November 2011. Additional document for carrying passengers by rail is as finalized in 2007;

Regulatory documents regulate the relationship between the railway and passengers, the rules for concluding and terminating an agreement 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 JSC Russian Railways.

  • a federal law passed in 1999 regulates relations between passenger ship owners and customers;
  • 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 acts on both domestic and international air transportation.

Types of transport

Passenger transportation can be carried out:

  1. Land vehicles, which include:
    • buses different types... The main categories of buses are subdivided according to the number of passengers;
    • route taxis;
    • cars owned by individuals or legal entities. To provide the service, it is required to conclude a contract for passenger transportation with natural person or a transport organization, respectively;
    • trams and trolleybuses.
  2. Railroad trains.
  3. River and sea passenger ships.
  4. By airliners.

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

Who is the contract for the carriage of passengers and baggage

The contract for the carriage of passengers is concluded between:

  • carrier;
  • a passenger.

Carriers can be:

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

The carrier must be licensed to provide services in the form 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, the contract of carriage may be concluded with a legal entity, for example, for the delivery of workers to the territory of the enterprise.

In this situation, the customer is obliged to provide the service to the contractor full list passengers and designate 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, which is the provision of services for the carriage of passengers in 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 obligation of the carrier is the need to provide transport at the specified time in a technically sound condition, and the customer to timely pay for the services rendered.

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

  3. Calculations. This section should indicate in what time period and at what rate (in what fixed amount for the provision of a one-time service) payment for transportation should be made. Also here you can provide for 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 the terms and so on.
  5. Other terms of the contract, which are introduced by mutual agreement of the parties. For example, the need to pay additional fees in some cases or the procedure for resolving disputes that arise.
  6. Reasons for early termination of the contract, as well as the rules for making changes to an existing document. For example, you can specify that a carrier can cancel a flight if passengers are drunk.
  7. Final provisions.
  8. Details, seals and signatures of authorized representatives or heads of the contractor's and customer's organizations.

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

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

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

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

Essential conditions

The contract for the carriage of passengers with an individual entrepreneur, legal entity or individual has a number of the most essential conditions, which include:

  • date and time of service provision. If a one-time transportation is carried out, then the date and time are reported after the order is processed by the operator of the executive organization. In case of permanent ordered transportation, the date and time of the provision of services may be specified in detail in the contract or regulated by preliminary written applications, which are additional agreements to the contract;

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

  • route of movement. In case of ordered transportation, the route is determined by the customer and previously agreed with the contractor. For regular flights, the route is determined by the documents of the carrier company, agreed with the state 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 settlement... The trip price 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 transport 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 must make under one contract.

Responsibility for non-performance

Non-fulfillment of the contract can occur:

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

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

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

If it is impossible to carry out transportation through the fault of the executive organization, the customer may receive a forfeit in the form of a penalty on the value provided for in the contract.

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

Dispute Resolution Procedure

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 ways to solve it;
  • in the Arbitration Court of the city or other settlement in which the agreement is concluded.

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

In addition to documents can be provided:

  • testimony of witnesses;
  • photo and video materials;
  • other evidence.

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

One-time and regular flights

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

Distinguish:

  • one-time transportation;
  • regular transportation.

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

The peculiarities of one-time transportation are:

  • the need for pre-ordering and prior approval of the route;
  • the conclusion of many contracts, which increases the time for the provision of services;
  • lack of discounts.

When ordering regular transportation, you can:

  • reduce the time for service registration;
  • get discounts from the contractor.

If the organization constantly needs services for the transportation of passengers, then it is more expedient to conclude an agreement for regular services, indicating the time and place of performance in the document.

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

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

Video: Legal advice. Lesson 5. Passenger and baggage transportation services

Agreement on the organization of transportation No. 01/01/12 Moscow "01" January 2012 LLC "Contractor", hereinafter referred to as "Contractor" represented by Director General ______________________, acting on the basis of the Charter on the one hand, and LLC "Customer" represented by the General Director ____________________________, acting on the basis of the Charter, hereinafter referred to as the "Customer" on the other hand, together referred to as the "Parties", have entered into this agreement on the following: 1. Subject agreement 1.1. The Contractor undertakes to organize the performance of transportation in the manner and on the conditions provided for by the Agreement, and the Customer is obliged to pay for the services rendered to him in the amount and terms corresponding to the terms of this Agreement. 2. Rights, obligations and responsibilities of the parties 2.1. Executor. 2.1.1. Undertakes to organize the performance of passenger transportation on the basis of the Customer's applications. 2.1.2. Undertakes to send technically sound, responsible sanitary requirements cars. 2.1.3. Undertakes to deliver the car at the time and place specified by the Customer. In case of violation of the time of delivery of the car - delay of more than 30 minutes (provided that the Customer fulfills clause 2.2.1), non-fulfillment of the order (through the fault of the Contractor), the Contractor provides the Customer with a compensatory trip in the amount of 1 hour of travel around the city. 2.1.4. Undertakes to submit the type of vehicle specified in the Customer's application. 2.1.5. In the event of a change in tariffs for your services, notify the Customer about this in writing at least 10 (ten) calendar days before the start of their validity. 2.1.6. The Contractor has the right to apply increasing coefficients to tariffs for the period new year holidays with the obligatory notification of the Customer at least 7 (seven) calendar days prior to their application. 2.1.7. The Contractor has the right to transfer orders for the execution of transportation services to a third party, while remaining responsible for their execution. 2.1.8. In case of improper fulfillment of his obligations by the Customer to pay the issued and received invoice, as well as if the minimum total value of orders for the reporting month is not reached in the amount of 3000 (three thousand) rubles (including VAT), the contractor has the right to suspend the execution of the contract or terminate it in unilaterally. 2. 2. Customer. 2.2.1. Undertakes to send applications to the Contractor by phone no later than 2 hours before the time of car delivery. 2.2.2. The application must contain the following information: place and time of car delivery; car type; destination; Full name of the employee filling out the application; Full name of the passenger; Additional services(if necessary). 2.2.3. Undertakes to pay the cost of parking in parking lots during the use of transport, provided that the Contractor presents supporting documents (checks, receipts, etc.). 2.2.4. The Customer provides the Contractor with a list of persons with personal passwords authorized to order vehicles. The Customer undertakes not to transfer this information to third parties and, for his part, appoints an employee responsible for maintaining the confidentiality of the information provided to the Contractor. In the future, the Customer has the right to change the list at his own discretion. All changes are communicated to the Contractor in writing. 2.2.5. In the event of a change in the name of the organization, details, legal and actual addresses, notify the Contractor about this in writing within 10 (ten) business days. 2.2.6. It undertakes to pay for the Contractor's services in the amount specified in Appendix No. 1 of this Agreement, and within the time frame specified in this Agreement, making the total number of orders for the reporting month in the amount of at least 3000 (three thousand) rubles (including VAT). 3. Settlement procedure and payment terms 3.1. When concluding this Agreement, the Customer makes a one-time prepayment for the first month of service in the amount of at least 10,000 rubles. 3.2. The amount of payment for the services performed is determined on the basis of the tariffs indicated, including VAT 18%, in Appendix No. 1 to the Agreement. Appendix No. 1 is an integral part of the Agreement. The minimum amount of payment for orders must be at least 3000 (three thousand) rubles including VAT for one reporting month. 3.3. Within 3 (three) working days after the end of the calendar month, the Contractor through Email sends the Customer for reconciliation an act on the provision of services in the form of a list of trips indicating the date, time, route and cost of the services provided. 3.4. The customer is obliged to reconcile the trips within 5 (five) working days after receiving the certificate of services provision. If there are disagreements, the Customer shall send reasoned objections to the Contractor in writing or orally. In case of agreement with the act on the provision of services, the Customer informs the Contractor about this. The Contractor transfers to the Customer the original certificate of services rendered by courier service or Russian Post. 3.5. The Contractor has the right to present invoices to the Customer once in a calendar decade if the cost of services for this period exceeds more than 20,000 rubles. 3.6. Payment for services is made on the basis of invoices issued to the Customer after the expiration of the calendar month during which he used the services of the Contractor. The invoice is issued by the Contractor within 3 (three) business days after the agreement on the provision of services has been agreed, with the exception of the cases provided for in clause 3.5 of this Agreement. 3.7. In case of violation by the Customer of the provisions of clauses 2.2.6 and 3.2 of this Agreement, the Contractor has the right to issue an invoice for the minimum fixed cost of orders for the reporting month in the amount of 3000 (three thousand) rubles, which does not limit the Contractor's right to suspend or terminate the Agreement unilaterally. 3.7. The services rendered by the Contractor are paid by the Customer within 3 (three) days from the date of receipt of the invoice by transferring funds by bank transfer by payment orders to the account of the Contractor. 3.8. In case of violation of the deadline for payment of the invoice, the Contractor has the right to immediately and without notice suspend the further provision of services to the Customer until the time he pays the invoice, and in the future to provide services only on terms of full prepayment. 4. Procedure for resolving disputes 4.1. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the parties. 4.2. For improper performance of their duties, as well as in case of impossibility of resolving disputes through negotiations, the Parties are liable in accordance with the current legislation of the Russian Federation. 5. Special conditions 5.1. When working with the Customer, the Contractor's driver comes at his disposal. At the same time, guided by their job description, the driver is responsible for both its execution and the fulfillment of the Customer's instructions, provided that they do not contradict the Traffic Rules or other regulatory legal acts. 5.2. If the execution of the Customer's orders entailed the imposition of penalties or losses, then they are subject to compensation from the Customer in accordance with the current legislation of the Russian Federation. 6. Duration of the agreement 6.1. The Agreement comes into force from the moment of its signing by the Parties and is valid until the end of the current calendar year. In the future, the contract is automatically extended for subsequent periods of 1 (one) calendar year, provided that neither Party notifies the other of the cancellation of the contract 30 days before the date of its expiration. The number of renewals is not limited. 6.2. The Agreement can be terminated at any time upon written notification of the other Party, while all the necessary mutual settlements must be made between the Parties. 6.3. The Agreement has been drawn up in two copies with equal legal force, one for each Party. 7. Addresses and details of the Parties Contractor: Customer: LLC "Contractor" OGRN INN KPP Yu / a: R / s Bank c / s BIK General Director ______________ / ________________ /