Sample contract for the carriage of goods. Transportation agreement between individuals (IP) and legal entities (LLC, JSC)

Contract for the provision of transport services

201__ St. Petersburg

Sole proprietor Maxim Nikitin, acting on the basis of a certificate of state registration of an individual as an individual entrepreneur, series 78 No. 006959304, issued by the MINFS No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as "Executor", on the one hand and _______________________________ _____________________________________ , hereinafter referred to as "Customer", represented by ________________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:

Subject of the contract.

In accordance with this Agreement Executor undertakes to carry out cargo transportation on its own transport, as well as loading and unloading operations on behalf of Customer, a Customer undertakes to pay for the provided transport services in the manner and within the time limits stipulated by the Agreement.

Rights and obligations of the parties.

2.1. Rights and obligations Customer:

2.1.1. Customer undertakes to provide in advance Contractor complete information for the provision of this type of service.

2.1.2. Customer undertakes to promptly pay the rendered Contractor transport services.

2.1.3. Customer has the right to control the progress of work.

2.2. Rights and obligations Artist:

2.2.1Executor undertakes to carry the goods Customer to carry out loading and unloading operations.

3.Cost of services and payment procedure.

3.1. The cost of services under this Agreement is _______________________________________

Rubles __________________ kopecks (without VAT tax) .

3.2. Payment for the services rendered is carried out on the basis of the current Agreement, while Executor reserves the right to change the cost of services, depending on changes in prices in the transport services market. New tariff plan provided Customer in a notification manner.

3.3. Payment for services CustomerContractor performed before/during/after completion of work.

4. Responsibility of the parties.

4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

4.2. Customer responsible for late payment of rendered Contractor services in the amount 1% for each day of delay.

4.3. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if it is a consequence of force majeure circumstances. The term for the performance of contractual obligations is automatically extended for the period of these circumstances. At the end of the force majeure circumstances, the parties restore relations until the full fulfillment of their obligations under this Agreement.

4.4. The Party for which the impossibility of fulfilling obligations under the Agreement has arisen is obliged to immediately notify the other Party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them as the reason for non-fulfillment of the terms of this Agreement.

5. Duration of the contract.

5.1. The contract is valid from the moment of signing until the completion of work, payment of the invoice and signing by the parties of the certificate of completion.

5.2. If neither party terminates the contract before the expiration date, the contract is renewed.

5.3. Customer the right to terminate the contract unilaterally after the completion of all settlements with Contractor.

5.4.Executor the right to terminate the contract unilaterally in case of late payment Customer rendered services.

5.5. Executor the right to terminate the contract unilaterally with notice Customer per 10 (ten) days.

6. Details and signatures of the parties.

____________________/ Nikitin M.V../ ____________________/____________________/

The form of the document “Contract for the carriage of goods” refers to the heading “Contract for the carriage, transport expedition”. Save the link to the document on social networks or download it to your computer.

CONTRACT
cargo transportation
__________________ "____"_____________________
____________________________________________________________________________,
(name of company)
hereinafter referred to as the "Carrier", represented by ________________________________________________________________________________,

and __________________________________________________________________________,
(name of company)
hereinafter referred to as the "Sender", represented by ____________________________________,
(surname, initials, position)
acting on the basis ____________________________________________________,
(charter, regulations, powers of attorney)
have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender __________________________________________________________
(cargo transfer)
in the amount of ____________________, hereinafter referred to as the cargo, to the following destination: _________________________, to issue the Cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of the cargo.
1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).
1.3. The shipping fee is _______________________________________________.
(in words)
1.4. Carriage of cargo is paid in the following terms and in the following order: _______________________________________.

2. OBLIGATIONS OF THE PARTIES

2.1. The sender must:
2.1.1. Transfer the above cargo to the Recipient within the time agreed by both parties.
2.1.2. Pay for the carriage of goods, for works and services performed by the Carrier at the request of the Sender, within the terms agreed in this agreement.
2.1.3. Pay, by additional agreement of the parties, for services not provided for by this agreement, performed by the Carrier at the request of the Sender.
2.1.4. Submit an application to the Carrier for the carriage of goods in the prescribed form on time _____________________________________.
2.1.5. Issue to the Carrier a bill of lading (another document for the cargo).
2.2. The sender has the right:
2.2.1. Refuse submitted vehicles unsuitable for the carriage of goods.
2.3. The carrier is obliged:
2.3.1. Deliver the cargo to the destination within the period specified by the transport charters and codes, or within a reasonable time.
2.3.2. Submit to the Sender of the cargo for loading serviceable vehicles in a condition suitable for the carriage of cargo, within the following period: __________________________.
2.3.3. Issue, in case of non-collection of the cargo, a statement drawn up by the Carrier unilaterally, on the circumstances under which the cargo was lost, and the amount of unsaved Cargo.
2.4. The carrier has the right:
2.4.1. Withhold the cargo transferred to him for transportation in order to secure the carriage due to him and other payments for transportation.

3. SUPPLY OF VEHICLES.
LOADING AND UNLOADING OF CARGO
3.1. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following terms and in the following order: ______________________________, as well as in compliance with the provisions established by transport charters, codes and rules.

4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS
CARRIAGE OBLIGATIONS
4.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties shall bear the responsibility established by the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the parties: __________________________________________.
4.2. The carrier for failure to provide vehicles for the carriage of goods within the time period stipulated
sub. 2.1 of this Agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for failure to present the cargo or non-use of the submitted vehicles: ___________________________________________.
4.3. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to:
force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military operations;
termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by law.

5. LIABILITY OF THE CARRIER FOR LOSS,
SHORT AND DAMAGED CARGO
5.1. The Carrier shall be liable for the non-safety of the cargo that occurred after it was accepted for carriage and before its release to the Recipient, unless it proves that the loss, shortage or damage to the Cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.
5.2. Damage caused during the carriage of goods shall be compensated by the Carrier:
in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.
The value of the cargo is determined on the basis of its price indicated in the Seller's invoice (and in the absence of an invoice, on the basis of the price that, under comparable circumstances, is usually charged for similar goods).
5.3. The Carrier returns to the Sender the freight charge collected for the transportation of lost, missing, damaged or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.

6. FINAL PROVISIONS

6.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed by law.
6.2. In everything else not regulated by this Agreement, the provisions of the Civil Code of the Russian Federation, other legislation on transportation by this type of transport will apply.
6.3. The Agreement comes into force from the moment of its signing, drawn up in _______ copies.

7. Legal addresses and banking
details of the parties
Carrier ________________________________________________
Sender ___________________________________________

8. Signatures of the parties:
Carrier __________________
Sender _________________

It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.

Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of goods (paragraph 1 of article 739 of the Civil Code).

The contract is real, bilateral and paid. The charter agreement (charter), (Article 741 of the Civil Code), for sea transportation is consensual.

The contract of carriage by public transport, by virtue of a direct indication (clause 3 of article 743 of the Civil Code) is a public contract. The norms emphasizing the publicity of the contract of carriage by public transport are contained in transport charters and codes and non-codified laws. So, in accordance with Part 3 of Art. 18 of the Law of the Republic of Belarus "On Railway Transport" enterprises and organizations of public railway transport are not entitled to refuse transportation to a passenger, consignor of goods or baggage, who correctly issued travel and transportation documents, except as provided for by the Civil Code of the Republic of Belarus, as well as other acts of the legislation of the Republic Belarus, including the Charter of the public railway transport. According to par. 3, paragraph 18 of the Charter of public railway transport Belarusian Railways, its enterprises do not have the right to refuse to accept an application for the carriage of goods if there are opportunities for their transportation.

Parties in the contract for the carriage of goods - the carrier and the consignor (consignor). Consignors can be any legal or natural persons. Carriers can be commercial organizations and individual entrepreneurs who have a special permit (license) to carry out transportation activities. In accordance with the List of activities for which special permits (licenses) are required, and state bodies and state organizations authorized to issue them, approved by Decree of the President of the Republic of Belarus dated 14.07.2003 No. 17, licensing is subject to activities in the field of automobile, inland water , sea transport (excluding intra-republican transportation for own needs).

The question of the legal status of the consignee is treated ambiguously in the legal literature. In those rare cases when the consignor and consignee are the same in one person, no questions arise. The most common opinion is that the parties to the contract for the carriage of goods are the carrier and the consignor, and the contract for the carriage of goods itself is an agreement in favor of a third party (consignee). 204

Subject contracts for the carriage of goods - services for the delivery of goods to the destination. Identification of the subject of the contract for the carriage of goods is important for the purposes of classifying civil contracts. The contract for the carriage of goods is one of those civil law contracts, the subject of which has a complex multi-level structure. There is no doubt that the actions to move cargo in space are the main thing that characterizes the service in the contract for the carriage of goods. However, the movement of cargo is often accompanied by the performance of actions necessary for the movement of cargo or prior to the movement of cargo (loading and unloading, transshipment, storage, etc.), which may be the subject of other civil law contracts, such as storage and paid services. Therefore, in this case, the main classifying feature should be singled out, and here it is the movement of cargo in space. All other signs have only a clarifying norm-forming value. 205

Form of contract for the carriage of goods. In accordance with paragraph 2 of Art. 739 of the Civil Code, the conclusion of a contract for the carriage of goods is confirmed by the preparation of a consignment note (bill of lading or other document for the goods provided for by the transport charter or code, other acts of legislation). The requirements for the form of a consignment note for certain types of transportation are established by transport charters and codes, as well as the rules for the carriage of goods by certain types of transport.

Term in a contract for the carriage of goods. In ch. 40 of the Civil Code contains only a general rule that the carrier is obliged to deliver the goods to the destination within the time limits specified in the manner prescribed by law, and in the absence of such terms - within a reasonable time (Article 746 of the Civil Code). The terms of delivery of cargo are determined according to the rules on the timing and procedure for the delivery of cargo, contained in transport charters, codes and rules for the carriage of cargo. It is necessary to distinguish between the term of the contract, when the contract is concluded if it is necessary to carry out transportation for a long period of time (Article 752 of the Civil Code) and the delivery time of the goods. The duration of long-term contracts is determined by agreement of the parties.

Price in the contract for the carriage of goods may consist of several components:

1. Carriage charge established by agreement of the parties, unless otherwise provided by law. At the same time, the carriage charge for the carriage of goods by public transport is determined on the basis of tariffs approved in the manner established by transport charters and codes, as well as other legislation.

2. Payment for works and services performed by the carrier at the request of the cargo owner, not provided for by tariffs. The amount of such a fee is determined by agreement between the carrier and the cargo owner.

In accordance with paragraph 4 of Art. 744 of the Civil Code, the carrier has the right to withhold the goods transferred to him for transportation as security for the carriage due to him and other payments for transportation (Article 340 of the Civil Code), unless otherwise established by law or follows from the nature of the obligation.

According to paragraph 1 of Art. 745 of the Civil Code, the carrier is obliged to provide the consignor with serviceable vehicles in a condition suitable for the carriage of the corresponding cargo within the time period established by the contract. In this case, the consignor has the right to refuse submitted vehicles that are not suitable for the carriage of the corresponding cargo.

The consignor is obliged to pay a freight charge for the carriage of goods, and in cases provided for by the contract or legislation, a fee for works and services performed by the carrier and not provided for by tariffs.

With regard to contracts for the carriage of goods by certain modes of transport, transport charters and codes, as well as the rules for the carriage of goods, establish the rights and obligations of the parties characteristic of this type of carriage.

A responsibility under a contract for the carriage of goods. In accordance with paragraph 1 of Art. 747 of the Civil Code, in case of non-fulfillment or improper fulfillment of obligations for transportation, the parties shall bear the responsibility established by the Civil Code and other acts of legislation, as well as by agreement of the parties.

Any agreements between the carrier and the cargo owner on the limitation or elimination of statutory liability shall be deemed invalid. The exception is cases where the possibility of such agreements is provided for by law.

Article 748 of the Civil Code indicates the liability of the carrier for failure to provide vehicles for the carriage of goods in accordance with the contract and the liability of the sender for failure to present the goods or non-use of the supplied vehicles, established by law, as well as by agreement of the parties.

Force majeure, as well as other phenomena of a natural nature (fires, drifts, floods), hostilities, termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by law and other cases provided for by law, relieve the carrier and the consignor from liability for failure to provide transport funds or non-use of the submitted vehicles.

The carrier is responsible for the failure of the cargo that occurred after it was accepted for transportation and before its release to the consignee or a person authorized by him, unless he proves that the loss, shortage or damage (spoilage) of the cargo or baggage occurred due to circumstances that the carrier could not prevent and eliminate which did not depend on him.

In accordance with paragraph 2 of Art. 750 of the Civil Code, the damage caused during the transportation of cargo is compensated by the carrier: a) in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo; b) in case of damage (spoilage) of the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value; c) in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo. In this case, the value of the cargo is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of an invoice or price indication in the contract, on the basis of the price that, under comparable circumstances, is usually charged for similar goods. In addition, the carrier returns to the consignor (recipient) the carriage fee charged for the carriage of lost, missing, damaged or damaged cargo, if this fee is not included in the cost of the cargo.

Documents on the reasons for the non-safety of the cargo (commercial act, act of a general form, etc.), drawn up by the carrier unilaterally, in the event of a dispute, are subject to evaluation by the court along with other documents certifying the circumstances that may serve as the basis for the liability of the carrier, sender or recipient cargo (clause 4, article 750 of the Civil Code).

The terms of liability of participants in the obligation to transport are determined according to the rules of Ch. 25 of the Civil Code, as well as in accordance with the rules contained in transport charters and codes.

Features of contracts for the carriage of goods by certain modes of transport:

Railway transport. The main source of legal regulation is the Charter of public railway transport. The charter defines the procedure for drawing up, concluding and executing contracts for rail transportation, the basic conditions for the transportation of goods, the basic rules for the operation of access roads, as well as the relationship of the Belarusian Railway, its enterprises with enterprises and organizations of other types of transport.

For the carriage of goods by rail, a system of applications is characteristic, the procedure for filling and submitting which, their implementation and accounting are established by the rules for the carriage of goods.

The execution of contractual relations in the case of rail transportation of goods is distinguished by its own characteristics. In accordance with clause 30 of the Charter of Public Railway Transport, the consignor must provide the railway station of departure for each shipment of cargo with a completed waybill, consisting of sheets of the original invoice, road list, back of the road sheet, receipt of cargo acceptance, which is a contract for the carriage of goods. If necessary, the consignor is obliged to provide documents of the "second order": documents for the implementation of customs procedures, a certificate and specification.

Confirmation of acceptance of cargo for transportation is a receipt issued by the railway station on the acceptance of cargo, in which the calendar stamp of the railway station is affixed.

The variety of goods handed over for transportation, significant differences in their characteristics and features of transportation predetermine the need for detailed regulation of relations related to the supply and determination of the suitability of wagons and containers. According to clause 40 of the Charter, the suitability for the carriage of a particular cargo in commercial terms is determined by: wagons - by consignors, if loading is carried out by them, or by enterprises of the Belarusian Railway, if loading is carried out by these enterprises; containers, specialized wagons - by shippers. However, in any case, the enterprises of the Belarusian Railways are obliged to submit for loading wagons, containers that are technically serviceable, suitable for the carriage of a specific cargo.

The importance of the delivery time of cargo by rail increases with the increase in the length of the route. The calculation of the delivery time of the cargo starts from 24 hours of the day of acceptance of the cargo for transportation. The cargo is considered to be delivered on time if it is unloaded at the railway station of destination by the enterprise of the Belarusian Railways or if the wagon, container with the cargo is delivered to the consignee for unloading before the expiration of the established delivery period (clause 51 of the Charter).

The consignee of clause 55 of the Charter is obliged to accept and withdraw from the railway station the cargo that has arrived at his address.

Section VII of the Charter contains rules on the responsibility of the Belarusian Railways, its enterprises, consignors, consignees. Thus, clause 110 of the Charter establishes responsibility for the failure of the enterprises of the Belarusian Railways to supply wagons and containers for transportation, failure to present cargo, non-use of the wagons and containers provided by the consignor or refusal of the wagons and containers provided for by the application. At the same time, the amount of the fine to be paid depends on the carrying capacity of the wagons and containers.

Automobile transport. In accordance with Art. 3 of the Law of the Republic of Belarus "On Road Transport and Road Transportation" legislation on road transport and road transport is based on the Constitution of the Republic of Belarus and consists of the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus "On the Basics of Transport Activities", the Law "On Road Transport and Road Transportation and other legislative acts.

The relationship of a road carrier and an individual who intends to conclude (signed) a contract for the carriage of a passenger or cargo by road or a charter contract solely for personal, household, family and other needs not related to entrepreneurial activities is subject to consumer protection legislation.

Features of regulation of road transportation of dangerous goods are determined by legislation in the field of transportation of dangerous goods.

Road transport is divided into intra-republican and international road transport.

To intra-republican road transport includes:

urban road transport;

suburban road transport;

intercity intra-regional road transport;

intercity interregional road transport.

Urban road transport - road transport carried out within the city (settlement) and beyond it to the points established by the decision of local executive and administrative bodies.

Suburban road transport - road transport that cannot be classified as urban road transport and is carried out within the administrative boundaries of the district or beyond it with a route length of not more than 50 kilometers, measured from the borders of the city (settlement), which is the starting point of the route.

Intercity intra-regional road transport - road transport that cannot be classified as urban or suburban road transport and is carried out within the administrative boundaries of the region of the Republic of Belarus.

Intercity interregional road transport - road transport that cannot be classified as urban or suburban road transport and is carried out across the territories of two or more regions of the Republic of Belarus.

Automobile transportation of passengers can be carried out in regular or irregular traffic.

Road transportation of passengers in regular traffic - systematic road transportation of passengers, carried out according to schedules or intervals of movement of vehicles with established start and end of work on certain routes with pick-up and drop-off points for passengers, equipped in accordance with the requirements of technical regulatory legal acts.

Automobile transportation of passengers in regular traffic is divided into automobile transportation of passengers by public transport and other automobile transportation of passengers in regular traffic.

Road transport of passengers in non-scheduled traffic - road transport of passengers that cannot be classified as road transport of passengers in regular traffic.

Road transport communications, logistics requirements predetermine the need for the rational use of vehicles for the transport of goods.

The conclusion of the contract for the carriage of goods by road is carried out in the manner prescribed by the Rules for the carriage of goods by road, and is confirmed by the preparation of a consignment note or other transport document. Incorrectly drawn up bill of lading or other transport document, as well as their loss does not affect the validity of the concluded contract for the carriage of goods by road.

In accordance with Art. 42 of the Law “On Road Transport and Road Transportation”, the road carrier is obliged to submit, within the time period established by the contract for the road transport of goods, the charter agreement for the road transport of goods or the agreement on the organization of road transport of goods, a serviceable vehicle for loading in a condition suitable for the road transport of the relevant cargo. At the same time, the consignor has the right to refuse a vehicle submitted for loading in a timely manner if it does not comply with the terms of the contract or is unsuitable for the road transportation of the relevant goods.

If a vehicle submitted for loading in a timely manner does not comply with the terms of the contract or is unsuitable for the carriage of the relevant goods by road, then such a vehicle is considered not submitted for loading.

The time for filing a vehicle for loading is calculated from the moment the vehicle arrives and the driver of the vehicle presents the waybill to the consignor.

Transport documents in the performance of road transport of goods are recognized:

waybill;

consignment note;

international waybill "CMR" (CMR waybill), drawn up in accordance with the Convention on the Contract for the International Carriage of Goods by Road (CMR), adopted in Geneva on May 19, 1956;

order-order and other documents, in accordance with the law.

The use of the vehicle in the performance of road transport of goods is documented by waybill.

To carry out road transportation of goods of a commercial nature, a consignment note is issued, and in cases provided for by the Rules for road transport of goods, an order-order or other documents specified by the Rules for road transport of goods are issued.

Carriage of goods of a non-commodity nature by road is formalized by making an entry in the waybill, and in cases provided for by the Rules for the Road Transport of Goods, by other transport documents specified by the Rules for the Road Transport of Goods.

Transport documents are drawn up in the manner established by the Ministry of Finance of the Republic of Belarus in agreement with the Ministry of Transport and Communications of the Republic of Belarus, with the exception of issuing a CMR waybill, which is carried out in the manner established by the Ministry of Transport and Communications of the Republic of Belarus in agreement with the Ministry of Finance of the Republic of Belarus.

Responsibilities for compiling the waybill are assigned to the road carrier, the bill of lading - to the consignor, the order-instruction - to the road carrier, unless otherwise provided by legislative acts or agreement of the parties.

If the legislation provides for the need to issue shipping documents (certificate of conformity, veterinary and phytosanitary certificates, certificate of origin of goods, etc.), the customer of road transportation of goods is obliged to ensure that such documents, properly executed, are provided to the road carrier along with the transport document.

The road carrier is not obliged to check the correctness of the execution of shipping documents. At the same time, the road carrier is obliged to compensate for the losses incurred by the customer of the road transportation of goods in case of loss or improper use of shipping documents.

It is allowed to conclude a charter agreement for the carriage of goods by road, under which the carrier undertakes, at the request of the customer, to provide the customer for the carriage of goods by road (charterer) with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods by road (Article 38 of the Law) .

For non-fulfillment or improper fulfillment of obligations under a contract for the carriage of passengers or goods by road, a charter contract for the carriage of passengers or goods by road, an agreement on the organization of transportation of passengers or goods, the parties shall be liable under the Law "On Road Transport and Road Transport", other acts of legislation, and also by agreement of the parties. Thus, the carrier is responsible for the failure to deliver the vehicle, for the failure of the cargo or luggage, for the delay in the departure of the vehicle or the delay in its arrival at the destination when transporting passengers by road, for causing harm to the life or health of the passenger. The customer is responsible for non-use of the provided vehicles, as well as for other violations, when provided by law or by agreement of the parties.

Agreements of the parties on the limitation or elimination of liability established by law are invalid, except in cases where the possibility of such agreements is provided for by law.

When transporting dangerous goods by road, the consignor is obliged to indicate in the bill of lading data on the danger of the goods. The basis of the legal regulation of the transportation of dangerous goods is the Law of the Republic of Belarus "On the Transportation of Dangerous Goods".

Sea transport. Modern maritime law is both inherently and terminologically distinguished by its traditions. Among other modes of transport, shipping by sea is the most subject to rule-making traditions that have developed over a very long period of time. The external history of maritime law begins with collections of maritime customs, partly within the boundaries of the Mediterranean Sea, partly off the northern coast of Europe. The history of maritime legislation opens with the famous Ordonnance de la marine, 1681, the scope of which was much wider than the scope of its legal force as a law. In the 19th century, with the general codification, the law of the sea was also given attention in commercial codes. 206

The basis of the legal regulation of relations arising in connection with the carriage of goods by ships, the use of ships for towing, the implementation of rescue operations, as well as other relations in the field of merchant shipping is the Merchant Shipping Code of the Republic of Belarus (KTM). If an international treaty of the Republic of Belarus establishes other rules than those provided for by the KTM, then the rules of the international treaty shall apply.

It is necessary to distinguish between a contract for the carriage of goods by sea, when the carrier undertakes to deliver the cargo entrusted to him by the sender to the port of destination and issue it to the person authorized to receive the cargo (recipient), and the sender undertakes to pay a stipulated fee (freight) for the carriage of goods (Art. 80 KTM) and a charter agreement (charter) in which one party (the charterer) undertakes to provide the other party (the charterer) for a fee (freight) with all or part of the capacity of one or more vessels for one or more voyages for the carriage of goods by sea (Article 81 of the CTM).

When concluding an agreement on the organization of the carriage of goods by sea, when it is necessary for the implementation of systematic transportation (practiced on all modes of transport), the conditions for the carriage of goods by sea, specified in the agreement on the organization of the carriage of goods by sea, are considered included in the contract of carriage of goods by sea.

A document certifying the conclusion of a contract for the carriage of goods by sea and serving as evidence of acceptance by the carrier of the goods specified in this document - a bill of lading. Requirements for the content of the bill of lading are determined by Art. 87 KTM (name of the carrier and its location; name of the vessel; place of loading and date of receipt of cargo at the port of loading; name of the consignor and his location; place of destination of the cargo or place of destination of the vessel; name of the recipient, if indicated by the consignor; name of the cargo, main marks required for its identification; description of the external condition of the cargo, etc.). A bill of lading can be issued in the name of a specific recipient (registered bill of lading), to the order of the sender or recipient (order bill of lading), or to the bearer.

A characteristic feature of legal relations for the carriage of goods by sea is the definition in the CTM of special interrelated conditions that affect the loading of cargo and remuneration, one of which is the time provided for loading (lay and counter lay time).

During the carriage of goods by sea, the procedure for placing cargo on a ship is regulated in a special way. In accordance with Art. 106 KTM cargo is placed on the ship at the discretion of the captain of the ship. In this case, the carrier is responsible for the correct placement, fastening and separation of cargo on the ship.

One of the manifestations of the action of maritime customs are the norms of Art. 116 KTM, according to which the carrier is obliged to deliver goods in accordance with the route and terms specified in the contract, and in the absence of such an indication - in accordance with the usual route and within the usual time. At the same time, any deviation of the ship from the intended route (division) for the purpose of rescuing people, ships and cargo at sea, as well as any other reasonable deviation from the route, if it is not caused by incorrect actions of the carrier, is not considered a violation of the contract.

Characteristic features differ in the conditions and procedure for payments for the carriage of goods by sea. So, in the cases provided for by the contract, and if there is an appropriate clause in the bill of lading, the payments due to the carrier may be made by the recipient. The carrier has the right to retain the goods transferred to him for carriage by sea to secure the freight due to him and other payments for the carriage, for example, demurrage (remuneration due to the carrier for demurrage of the vessel during the counter lay time), unless otherwise established by law or follows from the nature of the obligation.

The amount of freight is established by agreement of the parties, unless otherwise provided by the legislation of the Republic of Belarus. In the absence of an agreement between the parties, the amount of freight is determined based on the rates applied at the place and at the time of loading the ship. Loading more cargo than was provided for in the contract leads to an increase in freight. If, instead of the cargo provided for by the contract, another cargo is loaded onto the ship, the freight for the carriage of which is greater than that established by the contract, the freight for the carriage of the actually loaded cargo is paid. If the freight for the transportation of the cargo actually loaded onto the ship is less than the freight stipulated by the contract, the freight stipulated by the contract shall be paid.

Inland water transport. The legal, economic and organizational foundations of navigation on inland waterways of the Republic of Belarus are established by the Code of Inland Water Transport of the Republic of Belarus (IWT). Article 4 of the KVVT establishes the priority of an international treaty of the Republic of Belarus over the KVVT in the event that an international treaty of the Republic of Belarus that has entered into force establishes other rules than those contained in the KVVT.

Inland water transport is a mode of transport in which goods are transported along inland waterways using inland navigation vessels, mixed (river-sea) navigation vessels and small size vessels.

Under the contract for the carriage of goods by inland waterway transport, the carrier undertakes to deliver the goods entrusted to him by the consignor to the destination and issue it to the person authorized to receive the goods (consignee), and the consignor undertakes to pay the established fee for transportation (Article 69 KVVT).

The conclusion of a contract for the carriage of goods by inland waterway transport is confirmed by the drawing up of a bill of lading. In addition to the bill of lading, other shipping documents are issued that are mandatory for all persons involved in the carriage of goods by inland waterway transport. The forms and procedure for filling out such documents are established by the Rules for the Carriage of Goods by Inland Water Transport.

Before the cargo is presented for transportation, the shipper is obliged to prepare the cargo in such a way as to ensure the safety of transportation, its safety, as well as the safety of the ship and containers, rational use of the carrying capacity and capacity of the ship and containers.

The suitability of vessels and containers for the carriage of the presented cargo is determined by the consignor or a person authorized by him on the basis of the requirements established by the Rules for the Carriage of Goods. The rules for the carriage of goods also establish methods for stowage and securing of goods on ships, indicating the devices and materials necessary for loading, securing and transporting goods, as well as the standards for the provision of such devices and materials.

For the carriage of goods by inland water transport, a freight charge is charged, established by agreement of the parties, unless otherwise provided by the legislation of the Republic of Belarus. The freight charge is determined on the basis of tariffs. Works and services performed by the carrier at the request of the cargo owner and not provided for by tariffs are paid by agreement of the parties.

The term for the delivery of goods by inland water transport and the procedure for their calculation are determined in accordance with the Rules for the Transportation of Goods.

If there are grounds and in the manner prescribed by Art. 79 KVVT it is possible to restrict or stop the transportation of goods (force majeure, hostilities, quarantine, excessive accumulation of goods and ships in the port, etc.).

Air Transport. Legal relations for air transportation are more than other types of transportation are affected by public law principles, since the use of airspace is associated with the need to ensure aviation and environmental safety, efficiency of transportation and aviation work.

The basis of the legal regulation of air transportation is the Air Code of the Republic of Belarus.

The technical features and capabilities of air transport divide air transportation into domestic air transportation, in the implementation of which the points of departure, destination and landing are located on the territory of the Republic of Belarus and international air transportation, in the implementation of which the points of departure and destination are located respectively on the territories of two states or on the territory of one of the state, if the point (points) of landing on the territory of another state is provided.

Under the contract for the carriage of goods by air, the carrier undertakes to deliver the cargo or postal items entrusted to him by the consignor to the destination and issue them to the consignee or a person authorized to receive the cargo or postal items, and the consignor undertakes to pay for the air carriage of goods or postal items (part 3 of article 95 of the VC ). It is allowed to charter an aircraft with the conclusion of a charter agreement (air charter), when one party (the charterer) undertakes to provide the other party (the charterer) for a fee to perform one or more flights one or more aircraft or part of the aircraft for air transportation of goods.

The contract for the carriage of goods by air is certified by a consignment note of the established form.

Payment for air transportation of goods is carried out on the basis of tariffs established when performing domestic air transportation in accordance with the law, and when performing international air transportation in accordance with international treaties of the Republic of Belarus. The list, size and procedure for calculating tariffs, rates and fees for the performance of work and the provision of services rendered by civil aviation are approved in the manner determined by the Council of Ministers of the Republic of Belarus. The amount of payment for the performance of work and the provision of services rendered by civil aviation, not provided for by the specified list, is established by agreement of the parties (Article 106 of the Air Code).

The term of delivery of cargo and postal items is determined by the aviation rules or the rules of air transportation established by the carrier, unless otherwise provided by the contract for the carriage of goods by air.

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

by road No. ___

Moscow "___" ____________ 2018

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

1. THE SUBJECT OF THE AGREEMENT

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

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 ( Annex 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 supply of vehicles that are technically sound and suitable for the transportation of the Customer's cargo for loading at the place and time specified in the application.

2.4. In the event that the Contractor provides vehicles unsuitable for the transportation of the Customer's cargo, the Contractor's employee, if possible, eliminates the shortcomings that impede the transportation of the cargo. If it is impossible to eliminate the shortcomings on the spot, the Contractor shall replace the vehicle as soon as possible. The Customer has the right to refuse, without incurring liability, from the submitted vehicles, if its parameters differ from the parameters specified in the Application and do not allow the carriage of goods.

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

2.6. In case of impossibility to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles at no additional charge.

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

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

2.9. Provide the Customer with advice on improving the efficiency of transportation by choosing 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, dangerous cargo.

3. OBLIGATIONS 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-ФЗ "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 has no attachments that are prohibited or restricted for transportation by road on the terms of the Contractor in accordance with the current legislation of the Russian Federation.

3.3. If the cargo is presented for transportation with the 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 (using e-mail) indicating all the necessary data no later than 17.00 hours of the day preceding the day of loading. The parties have the right to refuse to supply vehicles without compensation for damage / loss, 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 17.00 hours of the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor the losses associated with the supply of vehicles in the amount of 50% of the minimum cost of ordering this vehicle.

3.5. Provide unobstructed access roads to the place of loading / unloading. Timely and properly issue documents (passes) for the right to enter and exit vehicles at the places of loading / unloading.

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

3.7. Issue to the Contractor the shipping documents or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for the transportation of cargo, waybills, certificates of conformity and safety, invoices, passports, etc.) and the implementation of customs, sanitary and other types 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 the obligations stipulated by the Contract, including the numbers/addresses of the means of communication (telephone, e-mail).

3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the consignor of the cargo. In the absence of the consignee specified in the Application at the destination, or the consignee refuses to accept the cargo, pay the expenses of the Contractor for the delivery of the cargo to the destination, for the return of the cargo to the point of departure, as well as the expenses for storing the cargo.

4. COST OF SERVICES AND PROCEDURE OF PAYMENTS

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

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

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

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

4.5. The act of acceptance and delivery of the services provided must be agreed 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 of changes in the act, then, after 5 (five) days from the date of receipt, the act is considered approved.

4.5.2. If discrepancies in the cost are found during the agreement and approval of the act, then the next invoice is issued taking into account the established discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse the overpaid funds.

4.6. In the event that the Customer fails to pay the invoices issued by the Contractor or the Customer has another 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 the retention of property. For the resulting damage to the cargo due to its retention by the Contractor, in the cases provided for in this clause, the Customer shall be liable.

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

5. RESPONSIBILITIES OF THE PARTIES

5.1. Contractor's responsibility:

5.1.1. For failure to perform or improper performance 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 application of the Customer, the Contractor is responsible in the amount of 50% of the minimum cost of ordering this vehicle. At the same time, the Contractor is not released from the obligation to provide vehicles. Non-delivery is considered the refusal of the Customer from the Contractor's vehicle in case of its delay by more than 4 (four) hours in accordance with the Application.

5.1.3. For untimely delivery of vehicles, the Customer has the right to require the Contractor to pay a penalty in the amount of 5% of the minimum cost of ordering this vehicle for each hour of delay.

5.1.4. The Contractor is not responsible for unreliably declared cargoes, as well as for the 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 Freight Forwarding service, the Contractor shall be liable to the Customer in the form of compensation for real damage for the loss, shortage or damage (spoilage) of the cargo after it is accepted by the Contractor and before the delivery of the cargo to the consignee, or to a person authorized by him, 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 breach of obligation was caused by improper performance of the Contracts of Carriage, then its liability to the Customer is determined in accordance with the same rules under which the relevant carrier is responsible to the Contractor.

5.2. Customer Responsibility:

5.2.1. The customer is responsible for the refusal of the order of vehicles later than 18:00 of the day preceding the day of transportation in the amount of 50% of the minimum cost of ordering this vehicle.

5.2.2. The Customer is responsible for the correctness, reliability and completeness of the information necessary for the execution of the Contract (including the indication of the name of the cargo), in the absence, insufficiency or inaccuracy 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 in invoices and other documents drawn up for the execution of the Agreement.

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

5.2.5. For a delay in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him in the interests 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 full or partial failure to fulfill their obligations, if such failure is the result of force majeure circumstances, i.e. extraordinary and unavoidable 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, catastrophes, air temperature drop below minus 35 degrees Celsius, changes or the emergence of new legislative acts that have arisen after the conclusion of this Agreement, the actions of the government and public authorities that prevent the Parties from fulfilling their obligations.

5.3.2. The Party for which it became impossible to properly fulfill 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 these circumstances directly affects the fulfillment of obligations within the period specified in this Agreement, then this period, by written agreement of the Parties, is proportionally postponed for the time of the relevant circumstance. At the same time, the Parties are not entitled to demand compensation from each other for possible losses.

5.3.4. All legal and financial responsibility for the delay of the car on the way by the employees of the internal affairs bodies, associated with the absence or incorrect execution of documents for the cargo/vehicles, falls on the Party that executes the relevant documents, and in the case of documents for vehicles - on the Contractor.

5.3.5. In the event that 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. In the event that the Customer enters into an agreement (oral or written) on 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. DISPUTES RESOLUTION

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

6.2. In the event that the Parties during the negotiations did not reach an agreement on the settlement of disputed 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) notifications have documentary value in subsequent lawsuits in arbitration, judicial instances between the contracting Parties, if any.

6.4. The contract, acts, applications, invoices and other documents sent by e-mail 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 notifies in writing of its termination 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 made in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, the written form of the Parties means both the drawing up of a single document and the exchange of letters (including electronic ones), telegrams, messages using facsimile means that allow identifying the sender and the date of departure.

7.4. In case of early termination of the term of the Agreement, an Act of mutual settlements is drawn up. Each of the Parties is obliged to return the agreed amount (advance payment) to the other Party within 3 banking days.

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

7.6. This Agreement is made 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"

CEO

____________________ / FULL NAME.

EXECUTOR:

Individual entrepreneur Full name

____________________ / FULL NAME.

The concept and types of the contract of carriage:

Transport obligations are obligations for the carriage of goods, passengers and baggage, 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:

on the type of transport: rail, river, sea, air, road transport;
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 the limits of one transport enterprise - railway, river shipping company);
transportation in direct traffic is carried out according to 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 refers to transportation between two Russian ports located on 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 made to or from foreign ports.

By air transport:

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 are 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 in international traffic. Depending on what is being transported, there are types of contracts of carriage:

cargo transportation;
baggage transportation;
transportation of passengers;
mail transportation.

The 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 for the 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 issue it to the person (recipient) authorized to receive the cargo, and the sender of the cargo undertakes to pay the established fee for the carriage of the cargo.

The subject of the contract delivery, storage, delivery, loading and unloading of cargo.

Parties to the agreement a carrier is recognized - a transport organization, a legal entity, a railway, a motor company, a shipping company that have a license to carry out transportation; consignor - a legal or natural person; consignee - a third party to whom the goods are sent. The contract is concluded in writing by drawing up a single document that draws up the carriage of goods, this may be a waybill or - in sea transport - a bill of lading.

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

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

Conclusion of a contract for the carriage of goods is confirmed by the drawing up and issuance of a consignment note (bill of lading) or other document for the cargo provided for by the relevant transport charter or code to the sender of the cargo.

Shipping documents- Documents required for the carriage of goods, drawn up in accordance with the stipulated rules. In case of carriage by air, the contract for the carriage of goods by air is certified by the consignment note. The form of the consignment note is established by a specially authorized body in the field of civil aviation. When transported by rail, road transport, transportation is carried out on the basis of a consignment note issued for the entire route of the goods. When transporting by sea, after receiving the goods 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, organizational prerequisites are necessary.

Such prerequisites may be applications (orders) of consignors; agreements on the organization of transportation (annual, navigation, etc.); in cases stipulated by law - administrative-planning acts.

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Rail transportation:

Railway transportation agreement an invoice is issued, which is the main shipping document. It accompanies the cargo along the entire route and is issued to the consignee at the destination station together with the cargo (cargo-accompanying document).

Legal meaning of the invoice:

is a mandatory written form of the contract;
proves the fact of the conclusion of the contract and embodies its content;
legitimizes a person to file claims and lawsuits against the transport organization arising from improper performance of the contract of carriage.

The contract is considered concluded from the moment the goods are transferred for transportation together with the waybill. Other transportation documents: road list, wagon list, transfer list for transportation by direct mixed traffic. These documents are primary accounting documents and have evidentiary value. Tariffs for freight transportation are established on the basis of the state budgetary, price and tariff policy in accordance with the Law on Natural Monopolies in the manner determined by the Government of the Russian Federation. Transportation is distinguished by freight and higher speed, and also distinguish between transportation by passenger trains and cargo luggage.

The delivery time is calculated from 24:00 of the day of acceptance of the cargo for transportation, if the cargo was accepted for transportation earlier than the scheduled day of loading, then from 24:00 of the day on which the cargo must be loaded. The cargo is considered delivered on time if at the destination station it is unloaded by means of the railway or if the wagon (container) is submitted for unloading by means of the consignee before the expiration of the established delivery time. The liability of the parties for improper performance 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 that 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 that has the right of ownership or other right 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 allocate: local, direct and transit air transportation.

The contract is drawn up by a freight (postal) waybill. Along with conventional air transportation, an air charter agreement is used. The essence of such an agreement lies in the provision by the charterer to the charterer of one or more aircraft (their parts) for air transportation of cargo or passengers and baggage for one or more flights. The nature of such an agreement is similar to that of a maritime charter. The freight charge is 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 specified in the contract.

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Sea transportation:

In maritime transport, transportation is distinguished in:

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 made to or from foreign ports.

Maritime transportation is traditionally regulated by dispositive rules. The carrier is a shipping company or a port. An agreement on the carriage of goods by sea may be concluded: 1) subject to the provision for carriage of the entire vessel, its part or individual premises (holds). At the same time, a ship charter agreement or a charter is concluded, by virtue of which one party (charterer, ship owner) 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 flights for the carriage 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 receiving the goods, as well as payments under the contract with its recipient. The bill of lading is drawn up by the carrier on the basis of shipping documents, signed by the ship's captain and issued to the shipper. It is a strictly formal security, the disposal of which means the transfer of goods (document of title).

Charter- consensual version of the contract of carriage. The charter is used for transportation of significant consignments or bulk cargo, and the bill of lading is used for transportation of small volumes. A time charter contract differs from a charter. It is used both in the transportation of goods and passengers, and for other purposes. By its very nature, a time charter is a vehicle rental contract.

Carriage charge (freight) is determined by agreement of the parties to the contract or by tariff. The terms of delivery of goods are established in a regulatory manner and by agreement of the parties. If they are not specified, the carrier is considered to have fulfilled his obligation regarding the time limit, provided that, after loading, the ship immediately set sail and moved at its usual speed, in the usual way used by merchant ships in similar transportation.

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Transportation in direct mixed traffic:

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

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

The cost of work is indicated after their completion in the bill of lading to collect the cost of work from consignees.

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

For non-safety of goods before their transfer to the transshipment point, the transferring party is liable, and after the transfer, such responsibility is borne by the party that accepted the goods.

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Contract for the carriage of passengers and baggage:

Carriage 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 in the event of the passenger checking in the baggage, also to deliver the baggage to the destination and give it to the person authorized to receive the baggage; the other party (passenger) undertakes to pay the established fare, and when checking in the baggage, also for the carriage of the baggage.

The agreement 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 baggage carriage agreement, the carrier is obliged to deliver the baggage entrusted to him by the passenger to the specified destination and hand it over to the authorized person, the passenger is obliged to pay the stipulated fee for the carriage. Explosive, flammable substances cannot be accepted in baggage. The agreement is mutual, real, compensated, public. Baggage check-in is certified by a baggage receipt. Luggage is stored free of charge at the destination 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 date of written notification of the recipient of its arrival, is subject to sale in the manner prescribed by law.

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Transport forwarding agreement:

Freight Forwarding Agreement- an agreement by virtue of which one party (forwarder) undertakes for remuneration and at the expense of the other party (client - consignor or consignee) to perform or organize the performance of services specified in the forwarding agreement related to the transportation of cargo.

The agreement is mutual and compensatory. 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;
freight forwarder - an entity that provides services to a 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.
Only an entrepreneur (commercial organization or individual) who has received a license to carry out forwarding activities can be a forwarder. A freight forwarder can be either a specialized organization or an ordinary carrier (for example, a structural unit of a transport company). The forwarder has the right to involve other persons in the performance of his duties, unless otherwise provided by the forwarding agreement.

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

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