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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 26, 2018 No. 26

About some questions of application of the legislation on the transportation agreement road transport of freights, passengers and baggage and about the freight forwarding agreement

For the purpose of ensuring unity of practice of application by courts of the legislation connected with the transportation agreement road transport of freights, passengers and baggage and with the freight forwarding agreement, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

Transportation agreement of the passenger and baggage

1. The transportation agreement of the passenger is agreement under which the carrier shall transport the passenger in destination, and in case of delivery by the passenger of baggage also to deliver baggage in destination and to issue to his person authorized on receipt of baggage; the passenger shall pay the established fare, and in case of checking in - and for conveyance (Item 1 of Article 786 of the Civil code of the Russian Federation, further - the Civil Code of the Russian Federation).

2. The relations on transportation by road transport of passengers and baggage are regulated, in particular, by regulations of Chapter 40 of the Civil Code of the Russian Federation, Federal Law of November 8, 2007 No. 259-FZ "Charter of road transport and urban land electric transportation" (further - the Charter), the Rules of transportations of passengers and baggage by road transport and urban land electric transportation approved by the order of the Government of the Russian Federation of February 14, 2009 No. 112 (further - Rules of transportations of passengers).

In the part which is not settled by special laws on the relations arising from the transportation agreement of passengers and baggage, and also the transportation agreement of freight or the freight forwarding agreement concluded by the citizen only for the personal, family, house, domestic and other needs which are not connected with business and other economic activity the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On consumer protection" expatiates (further - the Marine life protection act of the rights of consumers) (part 4 of article 1 of the Charter).

3. On the legal entities and individual entrepreneurs transporting based on transportation agreements of freights, passengers and baggage, and also movement of persons, except the driver, being in the vehicle (on it), and (or) material objects without the conclusion of the specified agreements (transportation for own needs), the obligations provided for persons operating vehicles expatiate (for example, article 20 of the Federal Law of December 10, 1995 No. 196-FZ "On traffic safety").

4. In that case when as carrier of the passenger and the baggage belonging to it person performing these activities on permanent basis as main type of the activities to the transportation agreement acts, by the general rule, are subject to application of provision of articles 426 and 428 Civil Codes of the Russian Federation.

5. The fact of the conclusion of the transportation agreement of the passenger and baggage is confirmed by issue to the passenger of the ticket and luggage receipt (Item 2 of article 786 Civil Code of the Russian Federation).

At the same time absence, abnormality or loss of the ticket or luggage receipt in itself are not the basis for recognition of the transportation agreement of the passenger and baggage unconcluded or invalid. In this case availability between the parties of contractual relations can be confirmed by other proofs (article 55 of the Civil Procedure Code of the Russian Federation, further - the CCP of the Russian Federation).

6. As the physical person pays delivery of the passenger and baggage in destination for the transportation agreement, but not the ticket and the luggage receipt, requirements of carrier about collection of additional fare, for example remunerations for execution of the travel document, are illegal (article 786 Civil Code of the Russian Federation, article 20 of the Charter, Items 42, of 49 and 50 Rules of transportations of passengers).

In case of the conclusion of the transportation agreement of the passenger and baggage through the agent the last has the right to levy payment for the services (article 1005 Civil Code of the Russian Federation).

7. Proper execution of obligation of contract carrier of transportation of the passenger and baggage is timely delivery of the passenger in destination, and in case of delivery by the passenger of baggage also timely delivery of baggage in destination and issue to person (Item 1 of article 786 Civil Code of the Russian Federation) authorized on receipt of its baggage.

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