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Convention on the international motor transportations of passengers and baggage

of October 9, 1997

The State Parties of this Convention on behalf of the governments which are hereinafter referred to as with the Parties

proceeding from need of coordinated actions in the field of the international motor transportations of passengers and baggage,

agreed as follows:

Chapter I. General provisions

Article 1

1. This Convention extends to carriers of the Parties which are carrying out transportation of passengers and baggage in the international message by buses irrespective of the country of their registration, and is binding for them, and also on transportations of passengers and their baggage by buses when in the transportation agreement it is specified that at least two Parties and the point of departure or destination are transported on the territories is in the territory of one of the Parties.

2. The convention regulates conditions and rules of transportations, responsibility of carriers, procedure for presentation of claims and claims.

3. The terms used in the Convention have the following values:

a) "passenger" - physical person which in agreement performance of transportation, concluded from his name or him, is transported for a fee or freely by carrier;

b) "carrier" - the legal entity or physical person performing international carriages of passengers and baggage and registered as the subject of business activity according to the legislation of the state of the location;

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

d) "ticket" - the document certifying right to use by the passenger by bus and confirming the conclusion of the transportation agreement between carrier and the passenger;

e) "baggage" - the load packed for departure by transport, transported separately from the passenger;

e) "luggage receipt" - the document confirming acceptance of baggage for transportation.

Chapter II. Conditions of transportations

Article 2

1. The general terms of the international motor transportations of passengers and baggage including the organization of transportations and receipt of the right to their implementation, procedure for insurance, boundary, customs sanitary and other types of control, are regulated by the following documents:

multilateral conventions and agreements;

bilateral intergovernmental agreements about the international automobile communication;

national legal system of the Parties.

2. The form of the ticket, luggage receipt and form affirms the state competent authorities in the field of road transport of carrier and is recognized the state competent authorities in the field of transport of other states on which territory it is transported.

The state competent authorities in the field of road transport will develop the single forms of the ticket, luggage receipt and form approved by the state competent authorities in the field of transport of the states on which territory it is transported.

Article 3

Transportations of passengers and baggage in the international message can be carried out by carriers who are persons of law of the private, collective, state or mixed patterns of ownership, in the presence of the corresponding license granted in the state of registration of the bus.

The parties charge to competent authorities to prepare the draft document on mutual recognition of licenses.

Article 4

The carrier in case of accomplishment of international carriages of passengers and baggage is guided by the legislation in the field of traffic, conservation of that state on which territory it is transported.

Article 5

The procedure for the organization and control of international carriages of passengers and baggage is determined by the Rules of transportations of passengers and baggage road transport in the international message of the State Parties of the Commonwealth of Independent States (further - Rules of transportations of passengers) which are integral part of this Convention taking into account provisions of its Article 17.

Chapter III. Responsibility of carriers

Article 6

Responsibility of carriers in case of international carriages, and also procedure for presentation of claims and claims are regulated by this Convention, bilateral agreements on the international automobile communication, and also the national legal system of the Parties.

Article 7

1. The carrier bears responsibility for the harm done to health of the passenger or damage to baggage during transportation in communication:

with death, bodily harms or any other harm done to health of the passenger irrespective of the place and time of incident (during transportation, landing, disembarkation or loading, unloading of baggage);

with complete or partial loss of baggage or its damage.

The carrier bears responsibility for baggage from the moment of acceptance it to transportation until its delivery or delivery to storage according to the procedure, provided by Rules of transportations of passengers.

2. The carrier bears responsibility both for the actions, and for actions of other persons to which services he resorts for accomplishment of the obligations assigned to it owing to the transportation agreement when these persons act within the obligations.

Article 8

1. The carrier is exempted from liability for the harm done to the passenger or damage caused to baggage if circumstances which effect the carrier, despite the taken measures, could not expect and avoid were the cause of the accident, and also if harm or damage arose owing to defect of the baggage having the perishable or prohibited for transportation substances, means or objects.

2. For removal from himself of responsibility the carrier cannot refer to physical or mental defects of the driver, and also to defects of the bus.

Article 9

Total amount of indemnification or damage which shall be paid by carrier in connection with the same event is determined by courts of the Parties according to their national legal system.

Article 10

1. The carrier is exempted fully or partially from liability if harm or damage arose because of the passenger.

2. If harm or damage is caused by actions or omissions of the third party, then the carrier is responsible for all harm or damage. At the same time behind it there is right to impose claims to this third party, except as specified, stipulated in Article the 8th on this Convention.

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