Chapter 6. The responsibility of carriers, freighter, shipper, consignee, passengers, charterer

Article 34. The responsibility of a carrier, freighter

1. For have not taken out on fault of a carrier of the cargo stipulated by the contract of transportation of a cargo, the carrier pays  shipper the penalty at a rate of twenty percent of a payment, established for transportation of a cargo if other is not established by the contract of transportation of a cargo. Shipper also have the right to demand from a carrier of compensation of the losses caused by a carrier by way of, established by the legislation of the Russian Federation.

2. For a unaccordance of the vehicle stipulated by the contract of chartering, freighter pays charterer the penalty at a rate of twenty percent of the payment established for using by the appropriating vehicle if other is not established by the contract of chartering.
charterer also have the right to demand from freighter compensation of the losses caused by it by way of, established by the legislation of the Russian Federation.

3. For untimely granting of a vehicle, the container stipulated by the contract of transportation of a cargo, the carrier pays  shipper for each full hour of delay the penalty at a rate of, established by the contract of transportation of a cargo and in case the size of the specified penalty is not established by the contract of transportation of a cargo, at a rate of:

1) five percent payment for travel by transportation in the city or suburban message;

2) one percent daily average payment for travel certain according to the installed contract of transportation of a cargo for transportations, by transportation in intercity the message.

4. The shipper, charterer in case of, specified regarding 3 present articles, also have the right to demand from a carrier, freighter compensation of the losses caused by them by way of, established by the legislation of the Russian Federation.

5. The carrier bears the responsibility for safety of a cargo from the moment of its acceptance for transportation and up to an instant of delivery  consignee or allocated by the rights it to the person if will not prove, that loss, shortage or damage (damage) of a cargo have occured owing to circumstances, which the carrier could not prevent or eliminate on not dependent on it to the reasons.

6. The carrier bears the responsibility for safety of luggage from the moment of its acceptance for transportation and up to an instant of delivery to its person, alocated by the rights on reception of luggage if will not prove, that loss, shortage or damage (damage) of luggage have occured owing to circumstances which the carrier could not prevent or eliminate on not dependent on it to the reasons.

7. The carrier indemnifies, caused by transportation a cargo, luggage, at a rate of:

1) costs of the lost or missing cargo, luggage in case of loss or shortage of a cargo,
Luggage;

2) the sums on which cost of a cargo has gone down, luggage, in case of damage (damage) cargo, luggage or cost of a cargo, luggage in case of impossibility of restoration damaged (spoiled) a cargo, luggage;

3) fractions of the declared cost of a cargo, the luggage, the appropriating missing or damaged (spoiled) part of a cargo, luggage, in case of shortage, damage (damage) of a cargo, the luggage which has been handed over for transportation with declared value;

4) the declared cost in case of loss of a cargo, luggage, as well as impossibility of restoration of a cargo, the luggage handed over for transportation with declared value and spoiled or damaged.

8. Cost of a cargo, luggage is defined proceeding from the price of a cargo, the luggage, specified in the account of the seller or the transportation of a cargo stipulated by the contract, the contract of transportation of the passenger, and at absence of the account or the indication of the price in the contract proceeding from the price which at comparable circumstances is usually raised for the similar goods.

9. The carrier alongside with compensation of the damage caused by loss, shortage, damage (damage) of a transported cargo, luggage, returns  shipper or consignee, to the passenger payment for travel received for transportation of the lost, missing, damaged (spoiled) cargo, luggage if this payment for travel does not enter into cost of a cargo.

10. The carrier is relieved from the responsibility for not kept the hand luggage transported by the passenger if the passenger will not prove, that not kept hand luggage has occured on fault of a carrier.

11. The carrier pays  consignee the penalty for delay of delivery of a cargo at a rate of nine percent payment for travel for every day delays if other is not established by the contract of transportation of a cargo. The total sum of the penalty for delay of delivery of a cargo cannot exceed its size payment for travel. Delay of delivery of a cargo is estimated from twenty four o'clock day when the cargo if other is not established by the contract of transportation of a cargo should be delivered. The basis for charge of the penalty for delay of delivery of a cargo the mark in a transport waybill about an arrival time of a vehicle to item of a unloading serves.


12. For delay of delivery of luggage the carrier pays to the addressee of luggage the penalty at a rate of its three percent payment for travel for every day delays (incomplete day are considered for full), but no more than at a rate of payment for travel. Delay of delivery of luggage is estimated from twenty four o'clock day when the luggage should be delivered. The penalty for delay of delivery of luggage is paid on the basis of the certificate made on demand of the addressee of luggage, not later than within ten days from the date of registration of this certificate. Current of the specified timeframe stops in case of the reference in court.

13. For a delay of departure of a vehicle, carrying out regular transportations of passengers in intercity the message, or its arrival with delay in destination more than on an hour the carrier pays to the passenger the penalty at a rate of three percent of a fare for each hour of a delay, but no more than at a rate of a fare and not later than within ten days after day of presentation by the passenger of the appropriating requirement. Current of the specified timeframe stops in case of the reference in court.The passenger also has the right to demand from a carrier of the indemnification, caused to it in connection with a delay of departure or arrival with delay of a vehicle in destination, by way of, established by the legislation of the Russian Federation.

Article 35. The responsibility  shipper, consignee, freighter the passenger

1. For a non-presentation for transportation of the cargo stipulated by the contract of transportation of a cargo,  shipper pays to a carrier the penalty at a rate of twenty percent of the payment established for transportation of a cargo if other is not established by the contract of transportation of a cargo. The carrier also has the right to demand from shipper compensation of the losses caused to it by way of, established by the legislation of the Russian Federation.

2. For refusal of using a vehicle stipulated by the contract of chartering, charterer pays freighter the penalty in time to a measure of twenty percent of the payment established for using by this vehicle if other is not established by the contract of chartering.Freighter from charterer compensation of the losses caused to it by way of, established by the legislation to Russian Fedya the portable radio set also have the right to demand.

3. For not the indication in a transport waybill of special marks or safety measures necessary by transportation a cargo or for distortion of the information on properties of a cargo with  shipper the penalty at a rate of twenty percent payment for travel is collected.Payment of the penalty does not release  shipper from compensation of the damage, caused to a carrier such infringements.

4. For a delay (idle time) of the vehicles submitted for loading, a unloading, accordingly  shipper, consignee pay for each full hour of a delay (idle time) the penalty at a rate of, established by the contract of transportation of a cargo and in case the size of the specified penalty in the contract of transportation of a cargo is not established, at a rate of:

1) five percent payment for travel by transportation in the city or suburban message;

2) one percent daily average payment for travel by transportation in intercity the message,
Certain according to the installed contract for performances of appropriating transportation.

5. At a delay (idle time) of special-purpose vehicles the size of the penalty specified regarding 4 present articles, increases twice if other is not established by the contract of transportation of a cargo. The list of special-purpose vehicles is defined by rules of transportations of cargoes.

6. The penalty for a delay (idle time) of vehicles is collected irrespective of the penalty for a non-presentation for transportations of the cargoes stipulated by contracts of transportations of cargoes. The basis for charge of the penalty for a delay (idle time) of vehicles marks in transport waybills or in travelling sheets about an arrival time and departure of vehicles serve.

7. For a delay (idle time) of the containers belonging a carrier and submitted for loading, a unloading, over the norms established by the contract of transportation of a cargo, accordingly  shipper, consignee pay for each full hour of a delay (idle time) the penalty at a rate of, established by the contract of transportation of a cargo and in case the size of the specified penalty in the contract of transportation of a cargo is not established, at a rate of:

1) five percent payment for travel by transportation in the city or suburban message;

2) one percent daily average payment for travel by transportation in intercity the message, certain according to the installed contract for performances of appropriating transportation.

8. The penalty for a delay (idle time) of containers is collected irrespective of the penalty for a non-presentation for transportation of the cargoes stipulated by the contract of transportation of cargoes. The basis for charge of the penalty for a delay (idle time) of containers marks in transport waybills, travelling sheets or accompanying sheets about time of supply and departure of containers serve.

9. For departure in structure of the luggage which has been handed over for transportation, subject matters which transportation in structure of luggage is forbidden, the passenger pays to a carrier the penalty at a rate of tenfold payment for travel for transportation of luggage.

Article 36. The bases of deliverance of a carrier, freighter shipper, consignee,
charterer from the responsibility

the Carrier, freighter shipper, consignee charterer are relieved from the responsibility stipulated by articles of 34 and 35 present Federal laws,
If default of the obligations by them has occured owing to:

1) force majeure;

2) temporary restrictions or an interdiction of movement of vehicles on the highways, entered by way of, established by the legislation of the Russian Federation, on not dependent on a carrier, freighter, shipper, consignee, charterer to the reasons;

3) others not dependent on a carrier, freighter,  shipper, consignee, charterer the reasons.

Article 37. Invalidity of agreements

Any agreements of carriers, freighter with  shipper, consignee, charterer, the passengers, having for an object to limit or eliminate the responsibility assigned to them, are considered void if other is not stipulated by the present Federal law.