Liability of the parties for violation of the conditions of the transportation agreement: civil legal aspects

Abstract

Transportation is a type of business activity that does not aim to create objects of the material world, its main economic effect is the result of transport activities - the movement of goods, passengers, luggage and mail.

The Civil Code of Ukraine distinguishes the following types of transportation contracts: cargo transportation contract, mail transportation contract and passenger and luggage transportation agreement.

According to the contract of carriage of passengers by road, one party (the carrier) undertakes to transport the other party (the passenger) to the destination. And if the passenger delivers the luggage, then the carrier also undertakes to deliver the luggage to the destination and give it to the person who is entitled to receive the luggage. The passenger, in turn, undertakes to pay the fare, and in the case of luggage – to pay for his transportation.

The liability of the parties for the contract of carriage of passengers and luggage is a kind of general civil liability with the peculiarities inherent in this contract.

In the contract of carriage of passengers and luggage, the subjects of responsibility are transport organizations and carriers directly in case of improper performance of obligations arising from the contract.

Liability for breach of contract may be either in the form of a fine or in the form of a fine.

However, it is sometimes stated in the contracts that the guilty party must pay both a fine and a fine for breach of the obligation - such a rule is a direct violation of Art. 61 of the Constitution of Ukraine, which states that no one can be held twice liable for the same offense for the same offense, and fines and penalties are types of civil liability.

The civil liability of the carrier comes not only under the contract of carriage of cargo but also under the contract of carriage of passengers.

The carrier shall be liable under applicable law in the event of a passenger being injured or otherwise injured or the death of the passenger.

The article deals with the main legislative provisions concerning the regulation of contractual relations in the area of luggage and passengers. The conditions of civil liability for violation of the terms of the contract of carriage are determined. Carriers' liability for violation of the terms of the contract of carriage is analyzed. The question of liability of passengers in case of violation of the legislation in the field of providing transportation services is investigated.