Chapter 7. Certificates, claims, claims

Article 38. Certificates

1. The circumstances, being the basis for occurrence of the responsibility of carriers, freighters, shippers, consignees, charterers, passengers at transportations of passengers and luggage, cargoes or granting of vehicles for transportations of passengers and luggage, cargoes, make sure certificates or marks of transport waybills, travelling sheets, the accompanying sheets stipulated by the present Federal law.

2. The order of preparation of certificates and putting down of marks in the documents specified regarding 1 present article, is established by rules of transportations of cargoes, rules of transportations of passengers.

Article 39. The order of presentation of claims to carriers, freighters

1. Before presentation to carriers, freighter the claims which are resulting from contracts of transportations of passengers or contracts of chartering, to such persons claims can be shown.

2. Before presentation to carriers of the claims which are resulting from contracts of transportations of cargoes, to such persons claims are without fail shown.

3. The right to presentation to carriers, freighter claims in the pre-judicial order the persons who have concluded contracts of transportations, contracts of have chartering, consignees, as well as insurers, paid an insurance claim in connection with inadequate execution by carriers, freighters the obligations on transportations of passengers and luggage, cargoes, granting of vehicles for transportations of passengers and luggage, cargoes.

4. Claims to carriers, freighters are shown by insurers by way of, established for presentation of claims by the persons who have concluded contracts of transportations, contracts of chartering, consignees.

5. The order of registration of claims is established by rules of transportations of passengers, rules of transportations of cargoes.

6. Claims to carriers, freighters can be shown during timeframe of limitation of actions.

Article 40. The Order of consideration of claims to carriers, freighter

1. Carriers, freighter are obliged to consider the claims shown by it and on results of their consideration to notify in writing applicants within thirty days from the date of reception of the appropriating claim.

2. At partial satisfaction or a deviation a carrier, freighter in the notice the basis of acceptance by them of such decision according to the present Federal law should be specified to the claim of the applicant. In this case the documents presented together with the claim come back to the applicant.

3. If by consideration of the claim it will be established, that the cargo is readdressed or under the application consigner or initial consignee is given out to another consignee, the claim comes back to the applicant with the indication of seat, time of delivery of a cargo, the person to which the cargo is given out, and persons, under which application readdressing or delivery of a cargo, for direct calculation of the applicant with actual consignee or the person under which application readdressing or delivery of a cargo is lead is lead.

Article 41. The order of presentation of claims to carriers, freighter

At presentation of claims by way of, 39 present Federal laws established by article, claims to carriers, freighter, arisen in connection with realization of transportations of passengers and luggage, cargoes or granting of vehicles for transportations of passengers and luggage, cargoes, can be shown in cases of full or partial refusal of carriers, freighter to satisfy claims or in cases of non receipt from carriers, freighter answers to claims within thirty days from the date of reception of appropriating claims by them.

Article 42. Timeframe of limitation of actions

Timeframe of limitation of actions under the requirements which are resulting from contracts of transportations, contracts of chartering, makes one year. Specified timeframe is estimated from the date of approach of the event formed the basis for presentation of the claim or the claim, including concerning:

1) compensation of the damage caused by shortage, damage (damage) luggage, a cargo, from the date of delivery of luggage, a cargo;

2) compensation of the damage caused by loss of luggage, from the date of a recognition of luggage lost;

3) compensation of the damage caused by loss of a cargo, from the date of a recognition of a cargo lost;

4) delays of delivery of luggage, a cargo from the date of delivery of luggage, a cargo.