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The agreement on compulsory insurance of passengers in case of the international motor transportations

of January 13, 1999

The State Parties of the Commonwealth of Independent States on behalf of the governments which further are referred to as with the Parties

proceeding from need of protection of life and health of passengers in case of the international motor transportations,

recognizing the right of passengers to indemnification, caused to their health during international delivery by road transport,

aiming at ensuring single approaches to protection of interests of passengers or their heirs in case of accidents during international carriages with road transport,

agreed as follows:

Article 1

The terms used in this agreement have the following values:

international delivery - the international motor transportation of passengers performed by buses based on the transportation agreement on the territories at least two Parties, except as specified when the point of departure and destination are in the territory of one state;

regular transportation of passengers - the international delivery which is carried out according to the approved schedule and traffic route of the bus with indication of the point of departure, destination and stopping points;

irregular transportation of passengers - international delivery in case of which conditions of its implementation are determined in each separate case by approval between the customer and carrier;

the transportation agreement - the agreement signed between carrier and the passenger about rendering transport services;

the bus - the vehicle intended for transportation of passengers and baggage, having at least 7 places for sitting apart from driver's seat;

carrier - the legal entity or physical person performing international carriages of passengers based on the license and registered as the subject of business activity by the legislation of the state of the location;

the passenger - physical person which according to the transportation agreement, concluded from his name or him, is transported by carrier;

the travel document - the individual or collective ticket, the permit or other document testimonial of the conclusion of the transportation agreement between carrier and the passenger and about its insurance upon accidents during international delivery;

regulatory organization - the merging of the insurers created procedure and on conditions, stipulated by the legislation by each of the Parties for the solution of the questions connected with compulsory insurance of passengers in case of international carriages;

the insurer - the legal entity having the right of carrying out compulsory insurance of passengers in case of the international motor transportations and who signed with carrier the agreement of compulsory insurance of passengers from accidents during international delivery;

insurer - the carrier which signed with the insurer the agreement of compulsory insurance of passengers from accidents during international delivery;

the insurance policy - the document issued by the insurer to the insurer or the passenger as official confirmation of the fact of the conclusion of the agreement of their compulsory insurance from accidents during international delivery;

insured event - the event (accident) which did harm to health of the passenger or entailed his death, took place from the moment of the passenger's exit to the platform or the airfield for landing in the bus in the point of departure until its leaving from the platform or the airfield of the point of destination as a result of the road accident;

insurance premium - payment which the insurer brings to the insurer according to the agreement of compulsory insurance of passengers from accidents during international delivery;

insurance rate - the rate of insurance premium established by competent authorities of the Parties when carrying out compulsory insurance of passengers from accidents during international delivery;

insurance payment - the sum of money paid by the insurer in case of insured event during international delivery to the injured passenger or, in case of his death, to heirs;

insurer liability limit - the maximum size of sum of money (insurance payment) established according to the national legal system of each of the Parties which the insurer pays to the victim in case of insured event during international delivery to the passenger or his heirs.

Article 2

The parties according to this agreement enter in the territories compulsory insurance of passengers from accidents in case of accomplishment of regular and irregular international passenger traffic by road transport.

Article 3

1. Accomplishment of the international motor transportations of passengers without the conclusion by carrier with the insurer of the agreement of compulsory insurance of passengers from accidents during international delivery (further - the insurance contract of passengers) is not allowed.

2. Compulsory insurance of passengers from accidents in case of international carriages is performed by the conclusion of the relevant contracts between the insurer and carrier according to the procedure, provided by national legal systems of the Parties.

3. Compulsory insurance of the passenger in case of accomplishment of regular international carriages is confirmed by the travel document of the passenger.

When implementing irregular international carriages of passengers the document confirming the passengers insurance fact is the insurance policy which is drawn up by the insurer personally for each passenger or on group of these passengers according to the passenger manifest.

In case of the wrong execution or loss of the travel document or the insurance policy the agreement of compulsory insurance of the passenger keeps the force.

Article 4

Compulsory insurance of passengers in case of international carriages is performed by the insurer based on the corresponding license for this type of activity.

The insurance contract of passengers signed in the territory of one of the Parties is recognized valid in the territories of other Parties.

Article 5

1. The insurer it agrees to the insurance contract of passengers signed with the insurer shall compensate to the passenger who was injured during international delivery or his heirs the damage connected with death, bodily harms or causing any other harm to health of the passenger as a result of the loss occurrence which occurred during this transportation.

2. In case of loss occurrence the regulatory organization or the insurer of the either party shall make insurance payment irrespective of the location of insurance company with which the carrier signed the insurance contract of passengers, with subsequent compensation of paid amount by the insurer who signed this agreement.

Article 6

1. For implementation of insurance payments the carrier (insurer) lists to the insurer insurance premiums on the established insurance rates.

2. The passengers having the right of the free or preferential pass in case of international carriages are also subject to compulsory insurance

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