Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Carriage contract
What is a contract of carriage?
A contract of carriage is an agreement under which the carrier undertakes to deliver cargo from one place to another and transfer it to the recipient, and the sender undertakes to pay for the services provided.
A contract of carriage differs from a contract of freight forwarding services in the level of liability of the carrier.
Legislative regulation
The basic rules for concluding a contract of carriage are regulated by:
- Article 909 and Part 1 of Article 307 of the Civil Code of Ukraine
- Convention on the Contract for the International Carriage of Goods
- Convention on the International Carriage of Passengers and Luggage by Road
Parties to the contract
The following participate in the contract of carriage:
- Carrier (legal entity-entrepreneur with the appropriate license)
- Sender (legal entity, entrepreneur or citizen)
- Recipient (legal entity, entrepreneur or citizen)
Special requirements for the carrier
The carrier must:
- Have a valid transportation license
- Own your own or rented transport
- For international transportation – have a special permit
- Ensure that transport and drivers comply with regulatory requirements
Important elements of a transportation application
The application must indicate:
- Cargo characteristics (quantity, weight, equipment)
- Delivery time and distance
- Cargo liability conditions
- Special transportation requirements (temperature conditions, etc.)
Mandatory contract terms
The contract of carriage must contain:
- Name and location of the parties
- Quantity of cargo
- Terms and period of transportation
- Place and time of loading/unloading
- Transportation cost
- Other essential conditions
Responsibility of the parties
The carrier is liable in accordance with Articles 921, 923 and 924 of the Civil Code of Ukraine for:
- Failure to provide transportation
- Delayed delivery
- Loss, damage or spoilage of cargo
Any claims regarding the condition of the cargo must be recorded in the documents with the participation of a representative of the carrier and the driver.
Checking the carrier before concluding a contract
A thorough check of the carrier is not just a formality, but a necessary protection for your business. In our practice, there was a case when a client entrusted the transportation of expensive medical equipment to a carrier company without properly checking its documents. It turned out that the company rented transport from a third party, and the driver had no experience in transporting this type of cargo. The result was damaged equipment and long legal proceedings. This could have been easily avoided by conducting a basic check of the documents.
That is why before concluding a contract, it is necessary to check:
- Availability of licenses and permits
- Ownership or lease of vehicles
- Driver qualifications and documents
- Compliance of transport with transportation requirements
If you need help in the field of transportation, our team of lawyers is at your service. We have many years of experience in developing transportation contracts, checking carriers and resolving disputes in the transport industry. Order a consultation using the form below and discuss your case with a lawyer in the near future.
Calculate the cost of services
1 question
Are you planning to carry out international transportation?
2 question
Is the transportation of specific cargo (dangerous, perishable, valuable) planned?
3 question
Have you had any problems with carriers before (damage to cargo, delays, disputes)?
Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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