The simplest classification of carriage contract templates
The scope of transportation contracts is wide and diverse, and different standards can be used to classify transportation contracts differently.
(1) Based on the object of transportation, the transportation contract can be divided into a passenger transportation contract and a cargo transportation contract. The former refers to a contract in which the carrier transports passengers from the starting point to the agreed destination; while the cargo transportation contract refers to the contract in which the carrier transports the goods from the starting point to the agreed destination. The Civil Code mainly adopts this classification.
(2) Based on the means of transportation, transportation contracts can be divided into railway transportation contracts, road transportation contracts, air transportation contracts, water transportation contracts, maritime transportation contracts and pipeline transportation contracts, etc.
(3) Based on the number of carriers, a transportation contract can be divided into a single transportation contract and a combined transportation contract.
The simplest sample contract of carriage obligations
1. Obligation to declare truthfully
When handling the transportation of goods, the shipper shall accurately indicate to the carrier the name of the consignee or the consignee by instruction, the name, nature, weight, quantity of the goods, the place of receipt and other necessary information related to the transportation of goods. If the carrier's losses are caused by the shipper's false declaration or omission of important information, the shipper shall be liable for compensation.
If the transportation of goods requires approval, inspection and other procedures, the shipper shall submit the documents that have completed the relevant procedures to the carrier.
2. Packaging obligations
If the packaging method is stipulated in the contract, the shipper has the obligation to pack the goods in accordance with the agreed method. If there is no agreement on the packaging method in the contract or the agreement is unclear, it can be supplemented by agreement; if a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading practices; if it still cannot be determined, it shall be packaged in a common way; if there is no common way, it shall be Adopt a packaging method that is sufficient to protect the subject matter and is conducive to saving resources and protecting the ecological environment.
If the shipper violates the agreed packaging method, or does not deliver the goods in a common packaging method or a packaging method sufficient to protect the transported goods, the carrier has the right to refuse transportation.
3. Obligations when transporting dangerous goods
If the shipper consigns flammable, explosive, toxic, corrosive, radioactive and other dangerous goods, he shall properly package the dangerous goods in accordance with the national regulations on the transportation of dangerous goods, make dangerous goods signs and labels, and attach relevant labels to the dangerous goods. Submit written information on the name, nature and precautions to the carrier. If the shipper violates the regulations, the carrier may refuse transportation or take corresponding measures to avoid losses, and the costs incurred shall be borne by the shipper.
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