Transport contracts are usually used in transport activities. Transports can be transports of passengers or transports of property. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are contracts for transport of passengers?
Legal grounds
- 2015 Vietnam Civil Code
What are contracts for transport of passengers?
Contract for transport of passengers means an agreement between parties whereby a carrier transports passengers and luggage to an agreed destination and the passengers must pay transport fares.
– A contract for transport of passengers may be made in writing or orally.
– A ticket is evidence of the entry into a contract for transport of passengers by the parties.
Contract for transport of property means an agreement between parties whereby a carrier has the obligation to transport property to an agreed destination and to deliver it to the authorized recipient, and the customer has the obligation to pay the freight charges.
– A contract for transport of property may be entered into orally or in writing or a specific act.
– A bill of lading or equivalent source document of transport shall be evidence of the entering into of a contract by the parties.
Regulations on obligations of carriers
– Carry the passengers safely from the place of departure to the agreed destination on time, in a civilized and courteous manner, by the means agreed and on the agreed route; to ensure that there are sufficient seats for the passengers and that the transport capacity of the carrier is not exceeded.
– Purchase civil liability insurance for the passengers, as provided by law.
– Ensure that the departure time is adhered to as notified or agreed.
– Carry and return the luggage to the passenger or person entitled to receive the luggage in accordance with the agreed destination, time and route.
– Refund the transport fare to any passenger as agreed or as prescribed by law.
Regulations on rights of carriers
– Require the passengers to pay in full the passenger transport fares and fares for the transport of personal luggage in excess of the prescribed limit.
– Refuse to carry a passenger in the following cases:
+ Where the passenger fails to follow the regulations of the carrier, where the acts of the passenger disturb public order, obstruct the work of the carrier, or pose a threat to life, health or property of other persons, or where a passenger commits other acts which make it impossible to ensure safety during the journey. In this case, the passenger shall not receive a refund of the passenger transport fare, and must pay a fine if so provided by the transport regulations;
+ Where the health of the passenger is such that it is obvious to the carrier that the transport [of such person] will endanger the passenger or other persons during the journey;
+ In order to prevent the spread of contagious diseases.
Regulations on obligations of passengers
– Pay in full the passenger transport fare and fares for the transport of luggage in excess of the prescribed limit, and to take care of his or her hand-luggage.
– Present at the place of departure at the agreed time.
– Respect and comply strictly with the regulations of the carrier and all other regulations ensuring traffic safety.
Regulations on rights of passengers
– Request to be transported by the agreed means of transport, in the class commensurate with the value of the ticket and in accordance with the agreed route.
– Be exempt from transport fares for check-in luggage and hand-luggage within the limits as agreed or as provided by law.
– Demand reimbursement of expenses incurred or compensation for any damage if the carrier is at fault in failing to transport according to the agreed time schedule and destination.
– Receive a refund of all or part of the transport fare in the cases provided for in Points b and c Clauses 2 of Article 525 of Vietnam Civil Code and in other cases as agreed or as provided by law.
– Receive the luggage at the agreed destination in accordance with the agreed time and route.
– Request temporary interruption of the journey for the duration and in accordance with the procedures provided by law.
Liability to compensate for damage
– In case of loss of life of or damage to the health or luggage of a passenger, the carrier must compensate for any damage in accordance with law.
– Unless otherwise provided by law, a carrier shall not be liable to compensate for loss of life of or damage to the health and luggage of a passenger in the case where such loss or damage is entirely due to the fault of the passenger, unless otherwise prescribed by law.
– A passenger which breaches the agreed terms for transport or the transport regulations, thereby causing damage to the carrier or a third person, must compensate.
Unilateral termination of contracts for transport of passengers
– A carrier has the right to terminate unilaterally the performance of a contract in the cases provided in Clause 2 of Article 525 of Vietnam Civil Code.
– A passenger has the right to terminate unilaterally the performance of a contract where the carrier breaches the obligations provided in Clauses 1, 3 and 4 of article 524 of Vietnam Civil Code.
Delivery of property to carriers
– A customer has the obligation to deliver property to a carrier at the agreed time and place and pack the property in accordance with the agreed specifications. The customer must bear the costs f loading the property onto and unloading the property from the means of transport, unless otherwise agreed.
– Where a customer is late in delivering property to the agreed place, the customer must reimburse the carrier for the costs associated with the delay and pay the freight charges for transporting the property to the place agreed in the contract, or must pay a penalty for breach of the contract.
If the carrier is late in accepting the property at the agreed at the agreed place, it shall be liable for the costs incurred due to such late acceptance.
Regulations on freight charges
– The rate of freight charges shall be as agreed by the parties. If the law regulates freight charges, charges shall apply as regulated.
– A customer must pay freight charges in full after the property is loaded onto the means of transport, unless otherwise agreed.
Regulations on obligations of carriers
– Transport the property in its entirety and safely to the agreed destination at the agreed time.
– Deliver the property to the person entitled to receive it.
– Bear all costs related to the transport of the property, unless otherwise agreed.
– Purchase civil liability insurance as required by law.
– Compensate the customer for damage where the loss of or damage to the property is caused by the fault of the carrier, unless otherwise agreed or otherwise provided by law.
Regulations on rights of carriers
– Check the authenticity of the property and the bill of lading or equivalent source document of transport.
– Refuse to transport property which is different from that agreed in the contract.
– Demand the full and timely payment of the freight charges by the customer.
– Refuse to transport property if the carrier knows or should know that the transacting of such property is prohibited or the property is of a dangerous or toxic nature.
Regulations on obligations of customers
– Pay in full the freight charges to the carrier, at the time and by the method of payment as agreed.
– Provide necessary information about the transported property to ensure its safety.
– Take care of the property during transport if so agreed. Where the customer takes care of the property and it is lost or damaged, the customer shall not be entitled to compensation.
Regulations on rights of customers
– Demand the carrier to transport the property to the agreed destination at the agreed time.
– Receive directly the property which has been transported, or appoint a third person to receive it.
Delivery of property to recipients
– A recipient of property may be the customer or a third person appointed by the customer to receive the property.
– A carrier must deliver the property to a recipient in full, at the time and place and by the method as agreed.
– Where property has been delivered to the point of delivery on time but there is no recipient of the property, the carrier may deposit such property at a place of bailment and must notify immediately the customer or the recipient of the property. The customer or recipient of the property must bear the reasonable expenses incurred in relation to the bailment of the property.
The obligation to deliver property shall be completed upon bailment of the property in compliance with the agreed terms and when the customer or the recipient of the property has been notified about the bailment.
Obligation of recipients of property
– Produce to the carrier the bill of lading or other equivalent source document of transport, and to receive the property at the agreed time and place.
– Bear the costs for loading and unloading the transported property, unless otherwise agreed or otherwise provided by law.
– Reimburse the carrier for reasonable costs incurred due to late acceptance of the property.
– Notify the customer of the acceptance of the property and provide other necessary information required by the customer if the recipient is a third party appointed by the customer.
Rights of recipients of property
– Verify the quantity and quality of the delivered property.
– Accept the delivered property.
– Require the carrier to reimburse reasonable costs incurred due to any delay by the carrier in delivering the property.
– Require the carrier compensate for loss of or damage to the property.
Liability to compensate for damage
– Where a carrier is responsible for the loss of or damage to property, the carrier must compensate the customer for damage, except in the case provided in Clause 3 of Article 536 of Vietnam Civil Code.
– A customer must compensate a carrier and any third parties for damage caused by the transport of dangerous or toxic property which is not safely packaged or the safety of which is not otherwise ensured.
– A carrier shall not be liable to compensate for damage in the event of force majeure causing loss or deterioration of or damage to the property during transport, unless otherwise agreed or otherwise provided by law.
Please see more:
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- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
A contract for transport of passengers may be made in writing or orally.
A bill of lading or equivalent source document of transport shall be evidence of the entering into of a contract by the parties.
Contract for transport of passengers means an agreement between parties whereby a carrier transports passengers and luggage to an agreed destination and the passengers must pay transport fares.
Conclusion: So the above is Transport contracts according to Vietnam Civil Code. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
