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What are the main contents of the transportation contract

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Source: Legal Chart Compilation · 2024.02.22 · 18195 people have seen it
Guide: The carrier engaged in public transportation shall not refuse the usual reasonable transportation requirements of passengers and shippers; The carrier shall safely transport the passengers and goods to the agreed place within the agreed period or a reasonable period of time; The carrier shall transport passengers and goods to the agreed place according to the agreed or usual transport route.
 What are the main contents of the transportation contract

Transport contract It is a very common special contract. Because many things are established by convention, many procedural issues will be omitted, resulting in various disputes. How to transport Contract conclusion In order to avoid some disputes, we must understand the main contents of the transport contract. The following is a compilation of relevant knowledge for your reference.

1、 Concept of transport contract

A transport contract is a contract whereby the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, consignor or consignee pays the fare or freight. The transport contract includes: passenger transport contract, freight contract and multimodal transport contract.

2、 Main contents of transportation contract

The transport contract stipulates the rights, responsibilities, obligations and interests of the transport service providers (transport producers), transport demanders and transport participants. The transportation contract mainly studies Contract of carriage of goods The signing and termination of, the performance of, the change and dissolution of, the division of responsibility for, and Liability for breach of contract , freight accident and default handling. The details are as follows:

1. A contract of carriage of goods is a contract whereby the principal delivers the goods to be transported to the carrier, the carrier delivers the goods to the designated place and delivers them to the principal or consignee at the request of the principal, and the principal or consignee pays the freight. Goods transportation contracts usually include road cargo transportation contract, railway cargo transportation contract, water cargo transportation contract, air cargo transportation contract and multimodal transportation contract.

2. Termination of the contract of carriage of goods The rights and obligations under the contract of carriage of goods shall terminate in any of the following circumstances:

(1) The contract of carriage of goods has been performed as agreed;

(2) rescission of a contract ;

(3) Other circumstances under which termination is prescribed by law or agreed by the parties.

3. Performance of the contract of carriage of goods Effectiveness of contract After that, the parties shall follow the principle of good faith and fully perform their obligations as agreed.

4. After the contract of carriage of goods is signed, both parties must abide by the contents specified in the contract, and neither party may change or terminate the contract without authorization. If it is impossible to continue the performance or needs to be changed due to special reasons, it shall be agreed by both parties and the change shall be handled within the time specified in the contract.

5. The division of cargo transportation responsibility and liability for breach of contract is a legal act of the two parties of the carrier. Once the contract is signed, the two parties have established a legal relationship of rights and obligations, which are protected by national laws. The responsibility for cargo transportation shall be divided according to the relevant provisions of the contract, which can be divided into:

(1) Default treatment;

(2) Shipper's responsibility;

(3) Carrier's liability;

(4) Consignee's responsibility.

6. Freight accidents and claims:

(1) Freight accident;

(2) Cargo accident claims.

To sum up, it is the combination of Main contents of transportation contract Relevant basic knowledge. In order to avoid unnecessary disputes or get better relief when rights are violated, you can understand that the transport contract must include the rights and obligations of both parties before drafting the transport contract Breach of contract How to deal with disputes in the future. Among them, the way to resolve disputes is very important, for example, it can be agreed that have jurisdiction over You can consult for more relevant knowledge Nomogram Xinyang Lawyer

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