AGREEMENT ____
chartering a vehicle for transporting passengers
20___
place of conclusion of the contractdate of conclusion of the contract
Hereinafter referred to as
(Name legal entity, individual entrepreneur- carrier)
"Freighter", represented by _________________
_______________________________________________________________________________________________________________________,
acting on the basis of ________________, on the one hand, and _____________________
________________________________________________________________________________
(name of a legal entity - educational institution, travel agency, full name of an individual (official))
represented by __________________________________________________________________________,
(manager position – director, CEO, full name)
acting on the basis of _____________, hereinafter referred to as the “Charterer”, on the other hand, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. According to this agreement, the “Freighter” provides the “Charterer” with a bus brand _______________________ state registration number _______________________, with a capacity of _____ seats, hereinafter referred to as the “Vehicle”, for temporary use for a fee, and also provides the “Charterer” with its own services for driving the “Vehicle” "and its technical operation.
1.2. The “Charterer” undertakes to carry out transportation of a certain circle of persons, in accordance with the list provided by the “Charterer” (Appendix No. 1 to the agreement) along the route ___________________________________________________________________, the place of delivery of the “Vehicle” is ___________________________________________________.
1.3. The date of transportation of a certain group of persons in accordance with this agreement is _________________20__, in the period from ___ hours ___ minutes. by ____ h.____min.
1.4. The fee for using the “Vehicle” is ______________ rubles.
1.5. Passengers boarding the “Vehicle” is carried out in strict accordance with the list of a certain circle of persons provided by the “Charterer” (Appendix No. 1 to the contract); the presence in the “Vehicle” of passengers not specified in the list is not allowed.
2. Responsibilities of the parties
2.1. The Charterer undertakes:
a) provide the Charterer with services for the management and technical operation of the Vehicle, ensuring its normal and safe operation in accordance with the purposes of chartering and the regulations of the Russian Federation and the Moscow Region in the field of transport services and traffic safety.
b) ensure compliance of the driving crew of the “Vehicle”, its qualifications with the requirements of the regulatory legislative acts of the Russian Federation and the Moscow Region on the usual practice of operating passenger road transport, when providing services for custom transportation and the terms of this agreement.
c) the driving crew of the “Vehicle” must undergo a pre-trip medical examination and be allowed to carry out transportation by a medical professional who has the appropriate qualifications and a certificate for providing services for pre-trip medical examination of drivers. The admission of the crew’s driver to carry out transportation must be made in the waybill of the “Vehicle”.
d) The “vehicle” must pass technical control before departure and be allowed to carry out transportation by a technical employee with the appropriate qualifications. The approval of the “Vehicle” for transportation must be made in the waybill of the “Vehicle”.
e) provide a vehicle that meets sanitary and hygienic standards and has undergone cleaning and washing of the body and interior.
f) bear the costs of paying for the services of crew members, as well as the costs of their maintenance.
g) bear the costs of paying for the maintenance and repair of the Vehicle.
h) bear responsibility for the life and health of passengers in the event of failure to fulfill the terms of the contract, insure the “Vehicle” and liability for damage that may be caused by it or in connection with its operation.
2.2. The Charterer undertakes:
a) timely pay the fee for using the Vehicle.
b) during transportation, create conditions that do not interfere with the driving crew when operating the “Vehicle”.
c) ensure that passengers are secured with seat belts and do not allow passengers to move around the cabin while the Vehicle is moving.
3. Responsibility of the parties
3.1. The parties are responsible for failure to comply with the terms of the agreement in the manner and in accordance with the existing legislation of the Russian Federation.
3.2 Responsibility for damage caused to third parties by the “Vehicle”, its mechanisms, devices, equipment is borne by the “Freighter” in accordance with the rules provided for by Chapter 59 of the Civil Code of the Russian Federation.
4. Additional terms and conditions
4.1. In everything else not regulated in this agreement, the norms established by the existing legislation of the Russian Federation will be applied.
4.2. This agreement comes into force from the moment of signing and is valid until all its conditions are fulfilled.
Signatures of the parties:
"Freighter": "Charterer":
| pp ___________________________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ (name, address, details of a legal entity, individual entrepreneur) _____________________________ _____________________________ (position, signature, full name of the head of the legal entity, individual entrepreneur) | ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ (name, address, details of a legal entity - educational institution, travel agency, passport details, address of an individual (official)) ___________________________________________ _____________________________ (position, signature, full name of the head of the legal entity, individual (official) person) |
Appendix No. 1 to the agreement ______
chartering vehicle
for transportation of passengers on request
List of passengers of the "Vehicle"
(certain circle of people)
| № | Full name of passengers | Mark about presence in the vehicle |
Minsk "___" ___________ 20__
The private transport unitary enterprise "Avtoperevozki" hereinafter referred to as the charterer, represented by the director Ivan Ivanovich Ivanov, acting on the basis of the charter, on the one hand, and ________________________________ hereinafter referred to as the charterer, represented by _________________________, acting on the basis of _____________________________, on the other hand, have concluded this Agreement about the following:
SUBJECT OF THE AGREEMENT
1. The charterer undertakes to provide the charterer with services for the management and technical operation of the bus for road transport passengers within the time limits established according to the charterer's requests, and the charterer undertakes to ensure the advance submission of requests and promptly pay for the charterer's services.
GENERAL PROVISIONS
2. For each individual transportation, the charterer prepares in advance and submits to the charterer an application containing information about the date, nature, conditions, terms, and length of the specific transportation of passengers. The application is an integral part of this Agreement.
2.1. In accordance with this Agreement, the charterer, in accordance with the received and accepted application and the issued work order, provides the charterer for a fee with services for the management and technical operation of a bus for the road transportation of passengers, and the charterer undertakes to promptly pay for the services provided by the charterer.
2.2. The charterer provides those specified in clauses 1 and 2.1. of this Agreement, services in accordance with the application submitted by the charterer in the volume, on the terms and conditions (including the time of departure, return of the bus, route length) in accordance with the price protocol and (or) order signed by the parties to the Agreement, which are an integral part of this Agreement.
CHARTERER'S OBLIGATIONS
3. Provide a bus in technically sound condition for travel along the charterer’s route as accepted in accordance with clause 3.1. of this Agreement application.
3.1. Acceptance of the application is confirmed in writing by the charterer within 48 hours after its acceptance, indicating the number of the bus being submitted for boarding, and certified by a seal or stamp. The absence of written confirmation of acceptance of the application automatically confirms the rejection (non-acceptance) of the application.
3.2. Provide the charterer with services for the management and technical operation of the bus, ensuring its safe operation in accordance with the purposes of chartering specified in clauses 1 and 2.1. actual agreement.
3.3. Provide for the management and technical operation of the bus a crew consisting of the charterer’s employees who have the appropriate level of skills and experience in the management and operation of the bus.
3.4. Ensure correct behavior of crew members towards passengers, including leaders of groups of passengers, as well as neat appearance drivers and crew members performing transportation.
3.5. Inform the charterer about the occurrence of circumstances during dispatch (en route, including as a result of road accidents, etc.) that impede the timely dispatch (arrival) of the bus.
3.6. Deliver passengers to the destination specified by the charterer in the application.
3.7. Inform the charterer about the availability of a free travel schedule.
3.8. Ensure that the crew complies with the requirements of the rules traffic and in case of their violation, bear the costs of paying fines imposed by authorized officials of the relevant regulatory authorities for violation of traffic rules by members of the crew provided to the charterer.
3.9. Carry out the transportation of passengers within the time limits specified in the price protocol, drawn up in the manner prescribed by clause 11.2. actual agreement.
CHARTERER'S OBLIGATIONS
4. Submit an application for the provision of services in accordance with paragraph 1 of this Agreement within a reasonable time, allowing the charterer to ensure their proper implementation, but no later than 10 days before the expected date of departure of the bus along the route specified in this application. The parties recognize the legal force of the application submitted by fax or email.
4.1. In his application for the carriage of passengers, the charterer is obliged to indicate all the necessary information for organizing and performing transportation, indicating:
Number of passengers;
The required number of buses and their type (configuration);
The route, its length, dates of submission, departure, return of the bus, transportation times;
Places for boarding and disembarking passengers, starting and ending points of the route;
Other transportation features.
___________________ _____________________4.2. Before signing the price protocol, send your representative to inspect and accept the bus, followed by confirmation of the technical serviceability of the bus and its suitability for carrying out the services ordered by the charterer, by signing the price protocol.
4.3. Verbally agree with the bus crew provided by the charterer on the specifics of the route and the duration of the journey, including the time of arrival at the destination (final destination).
4.4. If the charterer fails to comply with the obligations specified in clause 4.3. of this Agreement, the crew independently determines the route and timing of arrival at the destination ordered by the charterer (final destination).
4.5. In advance, but no later than 48 hours before the departure time of the chartered bus, inform the charterer in writing about the change in departure time.
4.6. Accept and pay for services provided by the charterer in a timely manner.
4.7. Organize timely boarding of passengers, ensuring the departure of the bus within the time specified in the application.
4.8. Ensure the availability of all documentation required by current legislation and correctly executed to ensure unhindered and timely travel along the route ordered by the charterer.
4.9. If there is a need to provide additional documentation, including customs clearance, the charterer is obliged to ensure their presentation to the crew of the charterer's bus no later than 12 hours from the moment he (the charterer) is informed about this. The charterer is informed, including through mobile telephone communications.
4.10. Reimburse all additional expenses incurred by the charterer in connection with the need for the charterer to provide additional documentation (clause 4.9. of this Agreement), as well as due to failure to comply with the deadline regulated by clause 4.9. actual agreement.
4.11. Pay all expenses arising in connection with the operation of the bus, including expenses for fuel, other materials consumed during operation, as well as all fees and charges, including payments related to crossing state borders, travel on toll roads highways and other similar expenses.
4.12. Ensure the safety of the freighter's property, including taking all measures aimed at preventing damage (damage) to the interior of the transporting bus and passengers on board.
4.13. Compensate for damage caused by passengers due to failure to comply with clause 4.12. of this Agreement, including the costs of repairing (restoring) the bus interior.
4.14. Compensate the charterer for losses caused by the death or damage of the bus if the latter proves that its death or damage occurred due to circumstances for which the charterer is responsible.
4.15. After completing the transportation of passengers, ensure that the bus is handed over to the charterer in technically sound condition by issuing a written document.
4.16. Do not enter into, as part of the commercial operation of a chartered bus, transportation agreements and other agreements with third parties on your own behalf, without the written consent of the charterer.
CHARTERER'S RIGHTS
5. Refuse to provide the information specified in clauses 1 and 2.1. of this Agreement for services in the absence of a free vehicle, as well as in the event of failure by the charterer to comply with the conditions of paragraph 4 of this Agreement.
5.1. Refuse in unilaterally from carrying out the carriage without refunding the prepayment amount received in the event of violation by the charterer of the conditions of clause 4.2. and 4.5. actual agreement.
CHARTERER'S RIGHTS
6. Refuse from the provisions specified in clauses 1 and 2.1. of this Service Agreement by notifying the charterer in writing, but no later than 10 days before the expected date of departure of the bus along the route specified in the charterer’s application. In this case, the prepayment amount received by the charterer may be returned to the charterer within ten banking days from the date of consideration of the corresponding written notice from the charterer.
6.1. Familiarize yourself with the documents of the crew of the bus provided by the charterer for its management and technical operation, confirming that this crew has the appropriate level of skills and experience in driving and operating the bus.
6.2. Receive the ordered services by bus in technically sound condition as accepted in accordance with clause 3.1. of this Agreement application.
6.3. To a polite and correct attitude on the part of the crew provided by the charterer, both to passengers and to the person accompanying them.
6.4. Receive from the freighter information about the occurrence of circumstances during dispatch (en route, including as a result of road accidents, etc.) that impede the timely dispatch (arrival) of the bus.
6.5. Receive information from the charterer about the availability of a free travel schedule.
______________________ ________________________CONDITIONS, PROCEDURE AND TERMS OF SETTLEMENTS
7. The cost of passenger transportation services to be provided, reflected in the price protocol, is determined in Belarusian rubles in the amount of the equivalent cost of such services in US dollars at the exchange rate of the National Bank of the Republic of Belarus on the date of drawing up (signing) of the price protocol by the parties (charterer, charterer).
7.1. Payment for each transportation of passengers is carried out in national currency by non-cash transfer of funds in Belarusian rubles to the charterer's bank account according to the issued invoice and (or) waybill and (or) order - along with the certificate of work performed signed by the parties, but no later than 5 days from the date delivery of passengers to the final destination of the route.
7.2. In the event of a change (growth) in the exchange rate of the National Bank of the Republic of Belarus US dollar/Belarusian ruble after delivery of passengers to the final destination of the route, payment for the transportation performed is made in the amount of the equivalent cost of such services in US dollars (clause 6 of the Agreement) at the rate of the National Bank of the Republic of Belarus on the day fulfillment of a monetary obligation. In case of debt collection in judicial procedure at the exchange rate of the National Bank of the Republic of Belarus on the day of the court decision.
7.3. The date of payment is the date when funds are credited to the charterer's bank account.
7.4. Banking expenses, including bank commissions, are paid by the transferring Party.
7.5. By mutual agreement of the Parties, the settlement procedure may be changed or supplemented, which is formalized by an additional agreement to this Agreement in the manner provided for in clause 11.2. actual agreement.
RESPONSIBILITY OF THE PARTIES
8. The parties to this Agreement are responsible for non-fulfillment or improper fulfillment of its terms in accordance with the legislation of the Republic of Belarus.
8.1. Each party must fulfill its obligations properly, providing all possible assistance to the other party.
8.2. A party that has violated its obligations under this Agreement must immediately eliminate these violations.
8.3. For using others' in cash as a result of their unlawful withholding, evasion of their return, other delay in their payment, or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by three times the refinancing rate of the National Bank of the Republic of Belarus on the day of fulfillment of the monetary obligation or its corresponding part.
8.4. In the event of loss or damage to the chartered vehicle, the charterer is obliged to compensate the charterer for losses incurred unless he proves that the loss or damage to the vehicle occurred due to circumstances beyond the control of the charterer.
8.5. For violation of the terms of payment for services provided, the charterer pays a fine in the amount of 20% of the late paid amount.
8.6. The charterer bears responsibility for damage caused to third parties by chartered vehicles, its mechanisms, devices, and equipment. He has the right to make a recourse claim against the charterer for reimbursement of amounts paid to third parties.
8.7. The party that engages a third party to fulfill its obligations under the agreement shall be liable to the other party under this Agreement for failure to fulfill or improper performance of obligations by the third party as for its own actions.
8.8. In case of violation of the payment terms established in clause 7.1. of this Agreement, the charterer pays a penalty in the amount of seven tenths of one percent of the unpaid amounts for each day of delay.
8.9. If false information is provided, the charterer is responsible for all risks and additional costs incurred by the charterer.
8.10. For failure to board passengers on the bus upon a confirmed request (failure to deliver a vehicle within the time period specified in the price protocol, delivery of a faulty vehicle), the charterer pays the charterer a fine of 10% of the amount of the service ordered by the charterer.
8.11. The charterer is not responsible for violation of the terms of departure (arrival) at the final destination, and other deviations from the conditions for the provision of services for the transportation of passengers agreed in accordance with this Agreement, in the event of failure by the charterer to comply with the requirements of clause 4.3., as well as in the case provided for in clause 5 actual agreement.
8.12. Payment of the amount of debt for services rendered, fines, penalties and interest for the use of other people's funds provided for in this Agreement does not relieve the charterer from fulfilling his obligations and (or) eliminating violations, as well as compensation for losses (damage) caused.
SETTLEMENT OF DISPUTES
9. All disputes or disagreements arising between the parties are resolved through oral negotiations.
9.1. For presentation to the charterer statement of claim or an application to initiate writ proceedings arising from this Agreement and related to its non-fulfillment or improper fulfillment, no claim is required against the charterer.
_____________________ _____________________9.2. All disputes arising from this Agreement or in connection with it are subject to consideration in the economic court of the city of Minsk or the economic court of the Minsk region if the charterer is located (location, state registration, location of property) in the Minsk region.
9.3. The parties do not object to the opening of a conciliation procedure in the event of a claim being filed against the charterer in court arising from this Agreement and related to its non-fulfillment or improper performance.
9.4. The charterer has the right, within 12 hours from the moment of delivery of passengers to the final destination of the route, to present to the charterer a reasoned claim regarding the existence of a violation of the terms of this Agreement when providing services for the transportation of passengers admitted by the charterer (crew).
9.5. All cases of violation by the charterer of the conditions for the provision of services for the transportation of passengers provided for in this Agreement must be recorded in writing and have the signatures of at least three (witnesses) citizens directly present when the relevant violations were committed.
9.6. If the charterer does not receive a reasoned claim and corresponding confirmation (clause 9.5 of this Agreement) within the time specified in clause 9.4. term of this Agreement, the service is considered performed by the charterer without violation of the terms of this Agreement.
FORCE MAJEURE
10. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this was the result of force majeure circumstances, namely: war, natural disaster, fires, floods, earthquakes, strikes, riots and other social unrest, as well as actions authorities that may influence the implementation of transportation.
10.1. The party for which it is impossible to fulfill its obligations under this Agreement is obliged to notify the other party in writing no later than 10 days from the occurrence of force majeure circumstances.
10.2. Proof of the occurrence of force majeure circumstances is a certificate from a competent government agency the country of location of the party who refers to these circumstances.
DURATION OF THIS AGREEMENT
11. This Agreement is drawn up in 2 copies on 4 sheets of equal legal force, one for each of the parties and comes into force from the moment of its signing and is valid until ______________ 20__ and (or) or full execution by them of their obligations. (PERIOD AT THE CHOICE OF THE PARTIES).
11.1. The parties recognize the legal force of a facsimile copy of the agreement, annexes, additional agreements and other documents aimed at the execution of this agreement, agreed upon, signed and sealed. In this case, the original copies are sent by the parties to each other by mail within 10 days from the date of signing the relevant document.
11.2. The parties recognize the legal force of facsimile reproduction of the signature and seal on the agreement and other documents aimed at its execution.
11.3. Changes to the terms of this Agreement and its early termination are permitted by agreement of the Parties.
11.4. All changes and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the parties.
11.5. If neither party 30 days before the expiration of this Agreement notifies the other party in writing of the termination of this Agreement, its validity period is extended for each subsequent year.
11.6. When adopting an act of legislation establishing rules other than those provided for by this Agreement that are binding on the parties, the terms of this agreement by the Parties are brought into compliance with the law, unless otherwise provided by law.
11.7. All annexes to this Agreement are an integral part of it.
DETAILS AND SIGNATURES
Legal addresses:
CHARTERER CHARTERER Name _________________ Name ___________________ Postal details ___________ Postal details _____________ ______________________________ ________________________________ Bank details _________ Bank details ___________ ______________________________ ________________________________ UNP __________________________ UNP ____________________________ Tel. (fax) __________________ Tel. (fax) ____________________ Signatures of the parties: ______________________________ ________________________________ M.P. M.P.
The form of the document “Agreement on chartering a vehicle for the transportation of passengers and luggage by order” belongs to the heading “Agreement on carriage, transport expedition”. Save the link to the document in in social networks or download it to your computer.
chartering a vehicle for transporting passengers and luggage upon request
[Name motor transport enterprise], hereinafter referred to as the "Charterer", represented by [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], on the one hand, and [name of the charterer], hereinafter referred to as the "Charterer", on the one hand person [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], on the other hand, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Charterer undertakes, upon the Charterer's order, to carry out the transportation of passengers and luggage for a fee.
2. Conditions of transportation
2.1. To fulfill the contract, the Charterer uses the following vehicles:
Brand [fill in as required] state registration number [fill in as needed];
Brand [fill in as required] state registration number [fill in as needed].
2.2. Vehicles are provided for transportation [determine the circle of persons who will be transported].
2.3. Vehicles are delivered [time and place of delivery of the vehicle].
2.4. Route: [fill in as required].
2.5. Transportation on the specified route is carried out [throughout the year or seasonally, with buses running for a certain period of time].
2.6. Baggage allowances are [fill in as appropriate].
2.7. Carry-on baggage allowance is [fill in as required].
3. Rights and obligations of the Parties
3.1. The charterer is obliged:
3.1.1. Comply with the requirements of the rules for the transportation of passengers and baggage, regulations and orders for the organization of passenger transportation.
3.1.2. Provide vehicles for the carriage of passengers in quantity in accordance with the terms of the contract, equipped and equipped.
3.1.3. Ensure that vehicles operate on the route in compliance with the traffic schedule.
3.1.4. Provide cultural service to passengers. Respond in a timely manner to complaints received from passengers.
3.2. The charterer has the right:
3.2.1. Refuse to accept baggage for transportation or carry-on luggage if the properties or packaging of the items included in the baggage or hand luggage do not meet the requirements, established by the rules passenger transportation.
3.2.2. Refuse to carry hand luggage if its placement in the vehicle will prevent passengers from entering the vehicle or exiting the vehicle.
3.3. The charterer provides:
Selecting a route using only paved roads;
Conducting a survey of road conditions along the route;
Selecting the type of vehicle that will be used on the route.
3.4. The charterer is obliged to pay the fee established by the contract for chartering the vehicle.
3.5. The parties jointly:
They measure the length of the route and standardize traffic speeds;
Draw up a schedule for the movement of vehicles along the route, taking into account issues of ensuring the safety of passenger transportation and the established work and rest schedule for drivers;
Develop route maps indicating dangerous areas.
4. Contract price and payment procedure
4.1. The amount of payment for the transportation of passengers and baggage is determined based on the Charterer's tariffs.
4.2. Payments for the transportation of passengers and baggage are calculated by the Charterer on the basis of the Charterer's account. The basis for issuing an invoice for the transportation performed is the data of the waybills certified by the Charterer.
5. Responsibility of the Parties
5.1. Provision by the Charterer of a vehicle that does not comply with the terms of this agreement, or with a delay is considered a failure to provide the vehicle.
5.2. In case of failure to provide a vehicle, the Charterer has the right to refuse to fulfill the charter agreement and collect from the Charterer a fine in the amount of 20% of the fee established for the use of the relevant vehicle. The Charterer also has the right to demand from the Charterer compensation for losses caused by him in the manner established by the Civil Code of the Russian Federation.
5.3. If it is impossible to transport passengers and luggage with the provided vehicle due to its malfunction, accident, or similar reasons, the Charterer, in agreement with the Charterer, is obliged to provide another vehicle or return the cost of using the vehicle paid by the Charterer.
5.4. If the Charterer refuses the services, the Charterer is obliged to compensate for the losses caused to him in this way.
6. Duration of the contract
6.1. The validity period of the agreement is established from the moment of signing the agreement to [day, month, year].
7. Final provisions
7.1. This agreement has been drawn up in two copies having equal legal force, one for each of the Parties.
7.2. This agreement may be terminated at the request of the Charterer upon the expiration of [meaning] days from the date of notification to the Charterer.
7.3. On all issues not reflected in this agreement, the Parties are guided by the current legislation of the Russian Federation.
8. Details and signatures of the Parties
Charterer Charterer
[fill in as needed] [fill in as needed]
-
It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both. -
Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
1. The Subject of the Agreement
1.1. The Charterer undertakes, for the fee stipulated in clause 3.1 of this contract, to provide the Charterer with use and possession for a period specified in clause 2.1 of this contract __________________ (hereinafter referred to as the vehicle) for the transportation of passengers ____________________________ and luggage along the following route ___________________________ with the point of delivery of the vehicle __________________________________, and the Charterer undertakes to accept it and pay the freight.
The charterer provides the following procedure for admitting passengers to board the vehicle _________________________________.
1.2. Vehicle name, class and specifications specified in Appendix No. 1 to this agreement and is an integral part of it.
2. Duration of the contract
2.1. This contract for chartering a vehicle for the transportation of passengers and luggage upon request is concluded for a period of ____________________.
3. Freight
3.1. The freight rate is _____ (_______________) rubles per month.
3.2. The Charterer pays the Charterer the freight monthly, no later than the _____ day of the beginning of the month to the Charterer's account using the bank details specified in clause 7 of this agreement.
3.3. Freight for the first and last months, if they are incomplete, is calculated in proportion to the number of days in a particular calendar month, and the corresponding amounts are paid in advance.
3.4. All payments are made in cashless form.
3.5. The Charterer is exempt from paying freight and expenses for the vehicle for the time during which the vehicle was unfit for use due to its condition, unless the unfitness of the vehicle was not due to the fault of the Charterer.
3.6. In the event of the destruction of the vehicle, freight is payable from the date and hour of delivery of the vehicle to the Charterer until the day of death of the vehicle, and if this day cannot be determined, until the day of receipt of the last news about the vehicle.
3.7. After paying the freight for the last month in accordance with clause 3.3 of this agreement, the Charterer receives the vehicle with all its accessories, and the vehicle is considered fully paid.
4. Responsibilities of the Parties
4.1. The charterer is obliged:
Bring the vehicle into proper condition by the time it is handed over to the Charterer;
Take measures to ensure the suitability of the vehicle, its hull, engine and equipment for the purposes of chartering provided for in this agreement;
Eliminate hidden defects of the vehicle during the validity period;
Provide the Charterer with services for the management and technical operation of transport, ensuring its normal and safe operation in accordance with the purposes specified in subclause 1.1 of this agreement;
Ensure that the composition of the crew and its qualifications comply with the requirements of normal operating practice for a vehicle of this type and the terms of this agreement;
Bear the costs of paying for the services of crew members, as well as the costs of their maintenance;
Insure the vehicle and liability for damage that may be caused by it or in connection with its operation.
The crew members are employees of the Charterer and are subject to the Charterer's orders relating to management and technical operation, and the Charterer's orders relating to the commercial operation of the vehicle.
4.2. The charterer undertakes:
a) bear expenses arising in connection with the commercial operation of the vehicle, including the cost of paying for fuel;
b) bear the costs of other materials consumed during the operation of the transport, as well as the payment of fees.
4.3. The charterer has the right:
As part of the commercial operation of the vehicle, on its own behalf, enter into transportation agreements and other agreements with third parties, if they do not contradict the purposes of using the vehicle specified in subclause 1.1 of this agreement;
Sublease a vehicle;
Refuse to execute this Agreement in case of failure to provide a vehicle and collect a fine from the charterer in the amount of _____________ (_______________________) rubles.
5. Responsibility of the Parties
5.1. In the event of death or damage to the vehicle, the Charterer is obliged to compensate the Charterer for losses incurred if the latter proves that the death or damage to the vehicle occurred due to circumstances for which the Charterer is responsible in accordance with the law or this agreement.
5.2. Responsibility for damage caused to third parties by the vehicle, its mechanisms, devices, equipment is borne by the Charterer in accordance with the rules provided for in Chapter 59 of the Civil Code of the Russian Federation. The Charterer has the right to submit a recourse claim to the Charterer for reimbursement of amounts paid to third parties if he proves that the damage arose through the fault of the Charterer.
6. Additional terms and conditions
6.1. Additional terms of this agreement: _______________
_______________________________________________________________.
6.2. In everything else not regulated in this agreement, the norms established by the Civil Code of the Russian Federation, as well as transport charters and codes will be applied.
6.3. This agreement comes into force from the moment of its conclusion and is drawn up in two copies.
7. Addresses and bank details of the Parties:
Charterer: _____________________________________________________
________________________________________________________________
________________________________________________________________
Charterer: ___________________________________________________
________________________________________________________________
________________________________________________________________
Application:
1. Characteristics of the vehicle (Appendix No. 1).
Signatures of the Parties: Charterer Charterer ______________________ ______________________ M.P. M.P.
Vehicle charter agreement
By charter agreement You can hire any type of vehicle: aircraft and ships, road and rail transport, etc. Charter contract(another name is a charter) is drawn up and executed in accordance with the requirements of civil legislation, as well as relevant transport charters and codes - depending on the type of transport hired.
Charter subjects:
- charterer - the owner of a vehicle who has accepted the obligation to provide the second subject of the agreement on a reimbursable basis with the capacity (in whole or in part) of one or more means of transport for transporting goods, moving passengers and luggage for one or more flights;
- charterer - a citizen or organization that hires for a fee the necessary vehicle for the purpose of moving goods, passengers, luggage (Article 787 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ).
Essential condition charter agreement is a description of the subject of the contract. IN in this case is the provision of transport with a crew for the transport of passengers and luggage or cargo. Courts disagree when the subject matter of a contract can be considered definite and charter agreement- prisoners, and when - not allowed. It is recommended to indicate the type of vehicle (for example, a bus) and its characteristics. Also important parameters are the deadline for delivery of transport to the customer and an indication of the exact transportation route.
If the subject of the contract is defined in general view, then the agreement must necessarily be accompanied by documents specifying the parameters of the service provided, for example, placed orders (see the decision of the Kemerovo Region Arbitration Court dated October 28, 2010 in case No. A27-19912/2009).
Sample charter agreement can be found at this link:
Contract for chartering a bus for transporting passengers
Charter contract vehicles hired to transport passengers and luggage are always documented in writing (Clause 1, Article 27 of the Federal Law “Charter of Motor Transport and Urban Ground Electric Transport” dated November 8, 2007 No. 259-FZ).
- information about the charterer and charterer: names of organizations or individual entrepreneurs, names of authorized persons, details of documents on the basis of which they act;
- type and number of vehicles hired;
- an indication of the specific place where the requested transport will be delivered;
- description of the transportation route;
- an indication of a specific or indefinite circle of persons for whose transportation the transport is ordered;
- terms of transportation;
- cost of transport services;
- regulations for the admission of passengers to board transport, taking into account the rules for transporting passengers, if road transport is hired to transport a certain circle of persons (for example, children).
In addition to the information provided in charter agreement Additional clauses may also be included (including the rights and obligations of the parties, the procedure for resolving disputes, etc.).
If disputes arise, the court will evaluate the presence of all mandatory clauses of the contract, otherwise it may be recognized as not concluded (for example, the decision of the Voroshilovsky District Court of Rostov-on-Don dated September 14, 2015 in case No. 12-213/2015).
As a form of conclusion charter agreement vehicles for the purpose of transporting passengers and luggage, it is allowed to issue a work order in cases where there is no need for systematic transportation (clause 4 of article 27 of the Charter).
Contract for chartering a bus for transporting children
Organized transportation of children by bus is carried out on the basis charter agreement. It is permissible to conclude such an agreement in the form of a work order, the content of which is established by Appendix No. 4 of the Rules for the transportation of passengers and luggage by motor transport and urban ground electric transport, approved by Decree of the Government of the Russian Federation of February 14, 2009 No. 112 (see paragraph 5 of clause 1 of section “ Required documents» Instructions for organizers of transporting groups of children by buses, approved by the Ministry of Internal Affairs of the Russian Federation).
Charter contract subject to storage by the charterer and the charterer for 3 years after each organized transportation of children (clause 5 of the Rules for the organized transportation of a group of children by bus, approved by Decree of the Government of the Russian Federation of December 17, 2013 No. 1177).
Copy charter agreement in this situation, it is subject to transfer to the driver assigned to transport children 2 working days before such transportation (paragraph 2, clause 7 of Regulation No. 1177).
Charter agreement and rental agreement
Charter contract and a vehicle rental agreement have significant differences, including:
- On the subject of the agreement. For a charter, this is a service for transporting cargo, passengers and luggage to a specific location. A lease agreement implies the transfer of transport for use and possession for a time. When leasing a vehicle with a crew, the lessor carries out the management and technical operation of such a vehicle on his own (Article 632 of Law No. 14-FZ) or does not provide such services (Article 642 of the said law). In the case of a charter agreement, this question does not arise, since the performance of functions for the management and operation of transport is inextricably linked with the subject of the agreement;
- According to the object of the agreement. In case of drawing up charter agreement the capacity of the vehicle is transferred; in the case of a rental agreement - transport with or without a crew.
So, charter agreement transport must be made in writing. An essential condition is the subject of the contract, which must be described in as much detail as possible, including the nature of the service provided, the charterer's obligation to pay, the type of transport, the period of its provision, and the final point of delivery.
