The contract for the provision of transport services is concluded with the aim of transporting goods and people. How to use the principle of freedom of contract, not violate the law and the provisions of other normative acts? Are there any particularities in the case of citizens or any situations?
Normative regulation
The Civil Code contains only the main provisions of the contract, which are clear enough to apply. Nevertheless, a number of other documents have been adopted, in particular, transport charters and codes. In addition to them, regulatory documents of executive authorities. It is not worth it to limit itself only to the Civil Code in drafting contracts of this category.
Varieties of agreement
The legislator identified several main types of agreements in this area:
- transportation of goods;
- transportation of passengers;
- transport expedition (cargo escort and other additional services).
All of them have their own specifics. For example, there is a significant difference in the organization of transportation by road and rail. Because of this, regulatory documents of a sectoral nature were adopted.
Transaction participants
Both parties and organizations act as parties to the contract for the provision of transport services. Citizens on the side of the contractor can participate if they have the status of IP. One-time transportation is available to the common man.
Systematic activities already require obtaining entrepreneur status.
Agreement form
The contract for the provision of transport services is drawn up in writing, outlining the rights and obligations, terms of liability and other clauses depending on the needs of the parties.
It is allowed to conclude agreements verbally or in writing with the execution of a minimum amount of documents. The process of concluding an agreement is expressed in filing an application or purchasing a ticket (in the case of passengers), transferring documents for cargo.
The first method is used by firms or organizations ordering services on an ongoing basis. The second is typical for one-time calls for relevant services.
General information
The contract for the provision of transport services is built according to the same scheme as the others:
- name and number of the document;
- date and place of detention;
- parties to the agreement (name of organization, location of the office or place of residence, if the participant is an entrepreneur);
- subject of the contract;
- obligations and rights of the parties;
- price side of the issue;
- payment order;
- details of the parties (signatures with decryption).
More on some items
Using the sample contract for the provision of transport services, we must not forget about the following points:
- the subject of the contract includes a description of the route, a description of the vehicle, conditions and frequency of price changes;
- price calculation scheme for the services provided.
Settlement Procedure:
- terms of funds transfer;
- an indication of the credit institution and the details of the account to which funds are transferred;
- payment terms (phased, upon provision of services or preliminary);
- rules for fixing the fact of the provision of the service (its acceptance).
Timing Section:
- at what point the agreement begins;
- terms of execution of orders.
Termination of the contract
The contract is terminated from the moment the parties fulfill their obligations: delivery of goods or passengers and transfer of funds. If for some reason there is a violation of the conditions, the pre-trial procedure for resolving the conflict is applied.
A party that considers itself a victim has the right to file a claim.Its direction is mandatory in all cases, the status of partners does not play a role (one of them is an entrepreneur or a simple consumer).
A model contract for the provision of transport services with an individual must also take into account the provisions of the legislation on the protection of consumer rights (for example, passenger transportation rules).
Hiring a crew
Sometimes there is a need not only for the vehicle, but also for the services of the crew that would drive it. I must say that the contract for the provision of transport services with the crew by law belongs to the rental category. How are relations with employees regulated? The landlord does not cease to be their employer. Lease of hired labor in the Russian Federation is prohibited.
The document should clearly describe what kind of services are expected from the crew, determine the boundary of its responsibility.
The customer has the right to receive the whole range of transport management services in accordance with the terms of the contract with the owner or owner of the property, and has the right to make complaints to him, and not to the crew.
Finally
The agreement on the provision of transport services is divided into several categories. Regulated by a whole list of regulatory acts, the Civil Code is just one of them. For this reason, there is even a whole industry in the legislation - “transport law”.
The contract is concluded in standard form or by filing an application and transferring a package of documents for goods.
The rights and obligations of the parties are fairly standard, but may vary. For example, the transfer of cargo in the system of road and rail transportation has its own nuances.