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.
Contract for the provision of transport services
The concept of a contract for the provision of transport services
A contract for the provision of transport services is a civil law agreement, under the content of which one party (the Carrier) undertakes to provide a service for the transportation of passengers and cargo for the other party (the Customer) for a fee, the amount of which is specified in the agreement.
This contract is, firstly, a type of service agreement and is directly regulated by the Civil Code of Ukraine, secondly, it also has special legal regulation in addition to the Commercial Code and laws in the field of transport, thirdly, it is mainly concluded on commercial terms. Today, it is necessary to distinguish two types of this agreement: a passenger and cargo transportation agreement. We will consider them in more detail in this article.
Cargo transportation agreement: key points
In accordance with Part 1 of Article 909 of the Civil Code, under a cargo transportation agreement (hereinafter referred to as the CTA), the Carrier undertakes to deliver the cargo entrusted to it by the Sender to the destination and transfer it to a third party (the Recipient). This agreement is concluded on a fee-for-service basis.
Let us highlight the main features of this type of agreement:
- this agreement is bilateral, although in the subject composition there are quite often three parties - the Carrier, the Sender and the Recipient;
- the agreement must necessarily indicate the complex subject of the agreement, namely - specific transport services and the object of transport (definition of the relevant cargo);
- the term must be directly defined in the agreement, because otherwise, for understanding, the term "reasonable terms" must be used (possible under the conditions of unhindered provision of transport services depending on the Sender's request);
- the obligations of the counterparties are as follows: for the Carrier - to provide technically sound transport, to provide the service within the time period provided for this, to ensure the integrity of the relevant cargo; for the Customer - to pay for the service and additional costs, if this is provided for by the terms of the agreement, to provide a full set of documents for the cargo, to present the cargo, properly packaged and marked;
- the terms of this type also provide for certain obligations of the Recipient of the cargo, such as accepting it from the Carrier, paying for its services or delaying its collection, if this is provided for by the terms of these agreements.
It is important to emphasize that when it comes to receiving international cargo transportation, the contract must be concluded exclusively with a legal entity that has an appropriate license to conduct activities.
Terms of the passenger transportation contract
According to the provisions of Part 1 of Article 910 of the Civil Code of Ukraine, the contract for the carriage of passengers (hereinafter referred to as the PTC) and their luggage is an agreement between the Carrier and the Passenger, where one party undertakes to transport the other, their luggage to the appropriate destination. Payment under this contract will be considered the amount for travel and a surcharge for the delivery of luggage (if this is provided for by the terms of the contract).
Let's consider the main provisions of this agreement:
- firstly, it is important to establish the specific cost of transportation services, since in the event that the price is not established, a reasonable fee is charged (depending on each specific situation and as a right includes actual costs with an additional surcharge for the service);
- secondly, unlike the same DPA, this agreement is legally and practically bilateral, since it contains the rights and obligations of the Carrier and the Passenger in general;
- thirdly, the obligations of the parties to the agreements are: for the Carrier - to deliver the person and his luggage on time by a specially equipped vehicle, to ensure safe conditions for the provision of such a service; for the Passenger - to pay the fare stipulated in the agreement; to observe the safety rights during transportation (attached to the agreement itself).
Before signing a PTC, it is necessary to qualitatively check the future Carrier, first of all, ask about the availability of a special license.
Support from a lawyer “Prikhodko & Partners” for the development of a contract for the provision of transport services
Transport services are an integral part of modern business, therefore, concluding a contract for their provision is an important step to ensure effective and safe cooperation. Legal support for the development of such an agreement will ensure the protection of the interests of each party. It involves:
- assessment of the client's request: clarification of the type of cargo being transported, other factors that may affect the terms of the agreement;
- preparation of the initial draft of the agreement taking into account the requirements of the law and the interests of the client;
- coordination of terms with the counterparty: participation in negotiations, reaching agreement on the terms of the agreement;
- support for signing and cooperation: ensuring a legally correct procedure and further formalization of relations.
Conclusions. A contract for the provision of transport services is an important instrument for regulating relations between the customer and the carrier in the field of passenger, cargo, and baggage transportation. When concluding a contract for the provision of transport services, it is necessary to clearly and in detail define the subject of the contract, the rights, and obligations of the parties, the price, and payment procedure, etc. It is recommended to contact qualified lawyers to obtain legal support for the development of such an agreement.
Legal support from “Prikhodko & Partners” will allow you to conclude a legally competent and effective contract for the provision of transport services, which will contribute to successful and safe cooperation between the counterparties. To find out the cost of such a service, fill out the form below.
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