/ / Contract for the provision of transportation services: the nature of the conclusion

Contract for the provision of transport services: the nature of the conclusion

To avoid problems that may beconnected with the transportation of cargo, it is necessary to conclude a contract for the provision of transportation services. Under this agreement, the carrier is obliged to deliver the cargo to the destination and give it to the recipient or an authorized person. In turn, the sender undertakes to make an established payment for the transportation.

The contract for transport services has severalvarieties that are associated with the categories of transport involved. Thus, contracts for sea, air, road and rail transportation are distinguished. The contract can be drawn up both for the transportation of passengers, and for cargoes and luggage. Depending on the territory, international and national transportations differ. The categories of transportation, in turn, determine those or other rules of law applicable to the parties.

The most common was a contract for the carriage of goods, in which the time is specified, the volumes, the procedure for settlements and other conditions are determined.

Parties entering into a contract of transportservices, shipper and carrier act. The latter is a legal person performing transportation on the basis of a contract. In this case, if the cargo is transported by transport with a carrying capacity of more than 3.5 tons, then this activity is subject to licensing. When entering into a transport services contract with such a person, it is subsequently declared invalid.

The second party under the contract is the sendercargo. They can be either a physical or a legal entity. The shipper can be both the owner of the cargo and the third person who takes the goods on behalf of the owner on their behalf (the freight forwarder).

A special participant in the agreement on transportservices is the consignee. This person is not a party to the contract, but he has duties and rights that are related to the agreement. For example, the consignee is obliged to take cargo from the carrier, he has the right to expose the carrier to the claim in cases of delay of the cargo, its damage, etc.

The contract on rendering of transport services hasessential conditions. The agreement is considered to be achieved in cases when the parties have reached an agreement on all the essential conditions relating to the subject of the contract, the name and characteristics of the cargo, the amount of the fee, the destination.

In some cases, the parties themselvesdefine certain conditions as significant, which must be indicated by the customer in the transport application. For example, special conditions, route, required type of rolling stock (volume, type of semi-trailer), detailed address of unloading places, loading, customs, time and date of delivery of the car for unloading, packaging and types of packaging, devices necessary for securing cargo, etc . The application is sent by fax, mail or provided in person, it is also desirable to confirm your requirements by application by phone.

The contract for the provision of transportation services is determined bythe following duties of the performer. The carrier must provide the rolling stock in good condition, submit for the agreement with the customer the entire list of vehicles, including stamps, car numbers, the names of drivers and other employees who are involved in the transportation. The executor is responsible for the safety of the cargo and bears liability. He has no right to declassify information on transportation, and to resort to the services of forwarding companies can only with the consent of the customer. After performance of works under the contract the carrier provides a report on the services rendered.

The contract for the provision of transportation services is determined byand responsibilities of the customer. They include independent loading and unloading of goods on their own base or warehouse, preparation of cargo for shipment and accompanying documents before the arrival of transport. The customer must check the transport of the contractor before downloading, as well as timely pay for services.

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