Legal regulation of international air transportation of passengers. International multilateral conventions in air transport Regulation of international air transport of goods

Eligible for defense

Dean of the Faculty (Director of the Institute) _________________________

_____________________________ (surname, initials)

(signature)

Kirov, 2004

Introduction ................................................ ................................................. ................................... 3

1. Legal regulation of international air transportation. 6

1.1. Concept, types of international air transportation .............................................................. ...... 6

1.2. Legal regulation of international air transport .............................................. 19

2. Contract for International Carriage by Air ....................................................... 26

2.1. The concept, features and types of the contract for international air transportation ........ 26

2.2. general characteristics contracts for the international carriage of passengers and baggage by air ................................................. ................................................. ......... thirty

2.3. General characteristics of the contract for international air transportation of goods ... 44

Conclusion................................................. ................................................. ........................... 65

Bibliography................................................ ................................................. ........... 68

Appendix................................................. ................................................. ........................... 71

The Air Code of the Russian Federation defines domestic air transportation as air transportation in which the point of departure, point of destination and all landing points are located on the territory of the Russian Federation.

International air transport is air transport in which the point of departure and the point of destination are located:

Accordingly, in the territories of two states;

On the territory of one state, if the point (points) of landing on the territory of another state is provided.

In accordance with the current Air Code of the Russian Federation, a carrier is an operator that has a license to carry out air transportation of passengers, baggage, cargo or mail on the basis of air transportation agreements. When performing air transportation, carriers are required to comply with the general rules for the air transportation of passengers, baggage and cargo and the requirements for servicing passengers, consignors, and consignees established by federal aviation regulations (FAR).

At the same time, carriers have the right to establish their own rules for air transportation, but these rules should not contradict the general rules of air transportation and worsen the level of service for passengers, consignors, and consignees. The rules of air transportation of mail must be agreed with a specially authorized body in the field of postal communications.

Currently, international air transport is one of the main means of international communication. Share it in total volume over 50% of global air travel.

Over 470 air carriers now provide international air services, more than 250 of them are international scheduled airlines. More than one thousand airports of the world participate in servicing international air communications.

Table 1 shows the dynamics and forecast for the development of all categories of international air transport until 2004. During 1975-1999, the average annual growth rate of global scheduled air transport was about 7%, while purely international traffic grew at a slightly faster pace and amounted to about 8% per year.

Table 1

Development of international air transportation

International freight traffic in physical volume grew by an average of 7.6% per year during the decade, and in volume terms (freight ton-kilometers) increased by 9.5% per year. For 2004-2002, it was predicted that the most likely annual rate of international scheduled freight traffic, expressed in tkm, would average 7.5%, with upward deviations of 9.5% and downward deviations of 5.5% per annum. Growth in freight traffic in terms of the number of tons of cargo carried is expected to be lower than volume indicators in ton-kilometers, which is explained by the continued increase in average flight distances.

It is assumed that international freight traffic will grow faster than domestic. This is due to the outstripping growth of foreign trade and applies to commercial and industrial goods and other products that can be transported by air. At the same time, the growth rate of air cargo transportation outstrips the growth rate of foreign trade. Air freight turnover by 2004 exceeded 100 billion ton-kilometers, of which international cargo ton-kilometers in regular traffic amount to 70 billion ton-kilometers. The importance of air transport in transoceanic and transcontinental transportation will especially increase.

Prospects for the development of international cargo transportation by air largely depend on the general state of the world situation, on the development of the international division of labor, as well as on scientific and technological progress in the field of aircraft engineering and ground infrastructure for servicing cargo transportation.

The second promising trend in the development of international air cargo is containerization, which became possible due to the creation of wide-body cargo aircraft capable of carrying a large number of standard containers. According to the International Civil Aviation Organization, in 2004 over 80% of all air cargo transportation was carried out in containers. Specialized cargo aircraft carry out more than 50% of cargo transportation. It is assumed that during this period, the principles of freight transportation "cargo in bulk" and on pallets, as well as in non-standard containers should give way to the principle of "intermodality", i.e. the possibility of transportation in standard 20-foot containers that meet the requirements of the International Organization for Standardization (ISO). These containers can be used by all types of transport, which will expand the possibilities of mixed freight transport. The speed of delivery of containers with goods by air, road, rail and sea in mixed traffic will increase on average six times compared to disparate transportation by alternative modes of transport.

Containerization of goods and the introduction of the principle of "intermodality" in the organization of multimodal transportation creates the possibility of complex mechanization and automation of all processes for the processing of goods in bulk transportation, reducing the time of loading and unloading, reducing malfunctions in freight transportation.

The development of international economic, political, cultural and other relations predetermined the rapid growth of passenger air transportation.

Air travel is expected to double in the next 15 years.

In 2003, 1.3 billion passengers were transported by aircraft. On the scale of the world's airports, this means 2.6 billion arrivals and departures. Most forecasts state that the number of passengers using air transport will grow by at least 5% per year. Therefore, by 2010, 5.2 billion passengers per year will be transported by aircraft, which is almost equivalent to today's world population. The dynamics of passenger turnover at the largest airports in the world is shown in Table 2.

table 2

Number of passengers (million people) at the largest airports in the world

The intensive development of air transport in the world, regular and non-scheduled air transportation on the planet predetermined fairly clear market relations in this area. Over the past decades, markets for air transport products have formed.

In accordance with the ICAO classification, the main markets for international air transportation are the North Atlantic (USA, Canada, Mexico, Europe); Central and South Atlantic (South America - Caribbean - Europe);

Intra-European transport;

Transportation Europe - Middle East - Africa;

Transportation Asia - Southwest Pacific Ocean;

Transportation between the North, Central and South Pacific;

Transport Europe - Far East- Southeast Asia;

Transpacific Market;

American transportation - North, Central and South America;

Market Middle East - Asia - Pacific and others.

These markets, in turn, are divided into sub-zones and into sub-regional markets, as well as markets for transportation by route groups. Key market penetration rates by route group are shown in the following table.

Table 3

Sub-regional air transportation markets

The largest share of international scheduled traffic falls on the North Atlantic and Trans-Pacific markets.

All the main participants in international economic cooperation in air transport can be combined into groups: states represented by their governments and aviation administrations; airlines and airlines; airports; travel companies and other organizations - agents of airlines for the sale of air transportation; organizations - intermediaries of airlines and airports for servicing aircraft, passengers and shippers. The global network of international air communications currently captures several geographical regions and more than 150 countries of the world. In this regard, international economic cooperation is carried out at several levels, which can be divided as follows: global, regional, interstate and national. Each level has its own areas of cooperation, limited by certain geographical and organizational frameworks:

1) at the global level, cooperation is carried out between all participants on a global scale within the framework of international aviation organizations, as well as international multilateral conventions and agreements;

2) at the regional level, cooperation is also carried out between all participants united within the framework of regional organizations and socio-economic groupings of states;

3) at the interstate level, they cooperate with each other, as a rule, in bilateral forms: governments, aviation administrations, airlines and other participants representing two countries (in some cases 3-4 countries);

4) at the national level, all participants within the territory of one country cooperate.

Currently, there are 9 international intergovernmental air organizations (IIPAO), which play an important role in the system of international economic cooperation in world air transport. The most numerous category of international non-governmental aviation organizations (INAOs) includes about 40 organizations with a very diverse professional specialization. As you know, the main place among international organizations belongs to the UN and a large group of its specialized agencies, incl. International Civil Aviation Organization (ICAO).

The number of international private aviation organizations is currently insignificant, and, most importantly, they have ceased to play a significant role in international cooperation. These include organizations such as the World Organization of Airline Clubs (WACA), the International Association of Flight Attendants, etc.

The socio-geographical principle of the activities of organizations is another important classification criterion. According to it, all international aviation organizations are divided into world organizations, covering states, in the vast majority and regional, including states included in certain groups, united due to common geographical, political, socio-economic factors.

Evaluating data on various airlines in the world, it can be established that the bulk of global air travel is carried out by air transport of industrialized countries. The leading place in terms of domestic and international traffic continues to be occupied by US airlines. In 2003, they completed about 40% of the world's ton-kilometers on domestic and international routes. The leading US airlines are United Airlines, Trans-World Airlines and Pan American, with the former providing predominantly domestic flights (over 99%). An insignificant part of the international traffic of this company (0.4%) falls on the lines connecting the USA with Canada. Trans-World Airlines and Pan American carry out most of their flights on international lines.

In second place after the United States in terms of total air travel are UK airlines. Its leading airline, British Airways, handles 78.5% of the country's traffic. The bulk of British Airways' transportation is carried out on international airlines (more than 95%).

Japanese airlines are in third place in terms of general transport work (14.5% of world air transportation). Japan's leading airline is JAL, which operates 82.6% of international and 12.4% of domestic flights.

In fourth place are French airlines (13.9% of world air travel). The country's largest airline "Air France" performs 76% of all air transport. The share of its international traffic is 86% of the country's total air traffic.

The following places in world air transport are occupied by airlines of Canada (2.9% of the world traffic), Germany (2.7%), Italy (1.5%), the Netherlands (KLM) and others.

Thus, international air transport continues to be an essential tool for promoting social and economic development in many parts of the world. The creation of a global system of international air communications is one of the brightest achievements of the peoples in the field of international cooperation.

Starting from 1992, the former union Aeroflot lost its monopoly rights for international transportation. By the beginning of 1998, fourteen out of sixteen regional departments were involved in the international transportation of goods and passengers. However, it is Aeroflot that remains the main international carrier. Its share in international traffic in 2003 was 54.05%. But, nevertheless, if in 1992 four companies accounted for 94% of the volume of all international traffic, then in 2003 ten Russian airlines already mastered this segment of the market. The most active began to work on international cargo markets airlines of Siberia and the Far East, included in the Tyumen, Magadan, Krasnoyarsk and East Siberian regional departments. The scope of their activities extends to China, Japan, Canada, the countries of Southeast Asia.

The Russian freight transportation market is currently very attractive for foreign airlines. At the beginning of 1998, about 70 foreign airlines have mastered this area, of which more than half offer cargo transportation services. According to the World Bank estimates, the capacity of the Russian market of international air cargo transportation in 2004 is estimated at 500,000 tons.

A sharp turn in the political and economic life of Russia was reflected in air transport. On the basis of one, strictly regulated state monopoly and the largest company in the world, Aeroflot, more than 400 independent airlines of various forms of ownership were formed. The decline in demand for air travel due to inflation and rampant fare growth combined with an almost complete cessation of investment in the development of the industry, which brought civil aviation to a dangerous line.

The main fleet of aircraft has exhausted its resources by 75%, and a mass decommissioning of aircraft will soon begin. State regulation has been significantly weakened. The normative acts adopted in the industry are fragmented and sometimes do not fit together well. There is no single core that ensures the consistency of the legal impact on the economic activity of aviation enterprises of various forms of ownership.

One of the main components of the air transport system is the fleet of aircraft (more than 8,000 aircraft in mid-2003) consists mainly of old aircraft and helicopters that have been produced since the 1960s and 1970s. For the most part, this aircraft is inefficient and non-competitive, since it has a 1.5-2 times larger specific consumption fuel than foreign counterparts. Domestic aircraft do not meet international standards in terms of noise level, emissions into the atmosphere, accuracy of aircraft navigation, and other parameters. In this regard, flights of the Il-62 long-range aircraft have already been practically banned in the United States, and Tu-154 and Tu-134 flights are on the verge of banning flights in Europe.

The most "modern" in the domestic fleet (except for a few Il-96 aircraft, performing only about 1% of passenger traffic), Il-86 and Yak-42 aircraft have been in operation for over 10 years. The main fleet is made up of Tu-154 aircraft, which carry out 40% of the total passenger traffic, and more than 60% have exhausted their resource. In general, the depreciation of the operated fleet of aircraft reaches 70%.

The available fleet of aircraft is characterized by an excessive abundance of obsolete equipment that does not meet environmental requirements and proper quality transportation. In the next 5-7 years, almost three quarters of the outdated park will have to be written off. However, the renewal of the park is very slow. For example, in 2003, all Russian airlines purchased only 4 Il-96-300 aircraft and two Tu-204 aircraft. Although, at the same time, some airlines purchased Boeing-737 aircraft and Airbus A-300. It is necessary in the coming years to widely introduce the already created aircraft Tu-204, Il-96-300, Il-114 on domestic and international routes. The second stage of the fleet renewal should be the introduction of Tu-334, Yak-42M aircraft. as well as An-38 and Be-200.

At the beginning of 1992, the number of permanent airports in Russia was 1302, in 1999 - 1169, in 2001 - 1011, in 2003 - 857. Of the total number of airports, about 70 are of federal importance. Of these, about 50 are categorized as international, although almost none of them meet the international level of service.

Russian air transport is under the jurisdiction of the Air Transport Department of the Ministry of Transport of the Russian Federation. As already noted, until recently there was only one airline - Aeroflot. However, other air carriers have recently appeared, delivering both passengers and cargo. Consignors should remember that the Decree of the Council of Ministers of the Russian Federation of August 23, 1993 N 850 introduced the licensing of transportation activities in air transport. In order to avoid complications and unforeseen material costs, you should not enter into contracts for the carriage of goods with airlines that do not have a license.

In addition to the above-mentioned Department of Air Transport, in the civil aviation management system of Russia, six more state organizations are now functioning: Rosaeronavigatsia, the General Directorate for Modernization unified system air traffic management, the apparatus of the Ministry of Transport of the Russian Federation with the coordination department and the air transport department. Interdepartmental Commission on the use of airspace and air traffic control. Russian Transport Inspectorate of the Ministry of Transport of Russia, Interstate Aviation Committee. 18 regional air transport departments have been created within which more than 400 independent airlines operate. Total population The employed personnel of these structures is more than 4 times the number of employees of the former Ministry of Civil Aviation (despite the fact that the volume of air traffic has decreased).

Separatist tendencies have intensified in the activities of airlines and airports, threatening to break the unified air transport system of the country. Association of Air Transport Operators, many airlines in the country believe that existing system air traffic control is inefficient and wasteful. Airlines of various forms of ownership are in favor of creating, on the basis of the existing seven state structures, a single federal body for civil aviation in Russia, endowed with full power of state regulation in air transport and bearing full responsibility for making or not making decisions. In their opinion, the failure to take measures to bring the structure of civil aviation management in line with international standards lead to further deterioration of flight safety and economic losses.

1.2. Legal regulation of international air transportation

The basis of the legal regulation of international air transportation are:

a) bilateral intergovernmental agreements on international air traffic;

6) international conventions and agreements;

c) norms of internal legislation.

Bilateral agreements on international air traffic govern various aspects of international traffic. In particular, they define:

The procedure for crossing the border;

Permit system for international transport;

Procedure for the use of airspace;

The procedure for the carriage of goods and passengers;

Issues of taxes and fees, taxes on transportation and ownership of air vehicles;

Issues of transit and transportation to and from third countries;

Civil liability insurance;

Provisions concerning customs, border, sanitary and other regulations;

The procedure for the transportation of dangerous, heavy and oversized cargo;

Obligations of carriers to comply with the domestic legislation of the countries - parties to the agreement on issues not regulated by the bilateral agreement and other aspects. Bilateral agreements Russia has signed with 47 countries.

Each country, by its internal legislation, establishes the rules for the passage through its territory of foreign air vehicles performing international air transportation of goods and passengers. One of the main requirements applied by almost every country is the need to obtain permission from the competent authorities of the country for the use of airspace by a foreign aircraft. The procedure for obtaining these permits is usually stipulated in bilateral agreements concluded between states at the government level. In addition to ordinary permits, bilateral agreements provide for the procedure for issuing special permits upon the relevant application for each specific transportation.

International conventions and agreements regulate the general conditions for international air transport on the following issues:

air traffic;

Air vehicles;

infrastructure;

working conditions;

taxation;

Private law;

customs issues;

Organization of transportation of specific categories of goods.

During its existence, the Transport Committee of the United Nations Economic Commission for Europe has developed more than 50 conventions, agreements and other international documents on air transport in order to create conditions conducive to the development of international transportation of goods and passengers by air, to expand and strengthen international cooperation in this area.

Transportation facilities, transport networks and terminal complexes used in the international transportation of goods and passengers are characterized by high capital intensity of facilities and, in many cases, low return on assets (capital return). In view of this, the transport business belongs to the category of the most risky for private capital.

States interested in expanding the activities of their national transport enterprises in international traffic have always sought international cooperation in order to develop uniform (unified) conditions for the transport of goods and passengers, as well as harmonize legal norms related to the regime for the location of vehicles and personnel serving them within jurisdiction of the contracting parties and on many other issues. As a result of these efforts at the interstate level, a significant number of international agreements on individual modes of transport, called "transport conventions", have been concluded. In some cases, multilateral agreements on international transportation are concluded at the level of transport enterprises of different countries.

Most international transport conventions have provisions relating to the contract for the carriage of goods and passengers in the relevant international traffic.

According to the contract, one party - the transport organization (carrier) - undertakes to deliver the cargo or passenger to the specified destination, and the other party - the cargo owner (passenger) - undertakes to pay the carrier a freight charge. The remaining terms of the contract of carriage supplement, concretize and decipher the above obligations.

Transport conventions define the basic details, and in some cases the form of transport documents that must be used in international transportation. The most common are two types of transport documents: waybill (for rail, air and road communications) and bill of lading (for sea and river communications).

Among the international agreements on air transport is the Convention for the unification of certain rules relating to international air transport, signed in Warsaw in 1929 and subsequently supplemented by protocols: The Hague of 1955, Guatemala of 1971 and Montreal of 1975. Most countries of the world participate in it.

The Warsaw Convention applies to scheduled air services. The legal basis of the agreement on air transportation in non-scheduled (charter) services is the provisions of the Guadalajara Convention on the Unification of Certain Rules Relating to International Carriage by Air of 1961.

As a general rule, relations regarding air transport are governed by the Warsaw Convention of 1929 "For the unification of certain rules relating to international air transport." In accordance with Article 7 of this Convention, the international flight of an aircraft is the flight of an aircraft in the airspace of more than one state.

International flights of aircraft in the airspace of the Russian Federation are carried out in accordance with the legislation of the Russian Federation, generally recognized principles and norms international law and international treaties of the Russian Federation.

International flights of aircraft are carried out on the basis of international treaties of the Russian Federation or permits issued in accordance with the procedure established by the Government of the Russian Federation. Takeoff and landing of aircraft of the Russian Federation and aircraft of foreign states when performing international flights in the airspace of the Russian Federation are carried out at international airports and at airfields open for international flights of aircraft, with the exception of cases established by the legislation of the Russian Federation.

The main law governing movement in the airspace of Russia is the current Air Code of the Russian Federation, as amended in 2001. In accordance with Article 72 of the Air Code, Russia has full and exclusive sovereignty over its airspace, which means airspace over land and water territory and over the coastal sea strip established by law. The Code defines the procedure for the activities of civil aviation and civil aeronautics in order to protect the interests of states, ensure the safety of aircraft flights and meet the needs of the country's economy. One of the chapters of the Air Code is devoted to international air transportation. This chapter defines international air transport as any transport carried out on aircraft in which the place of departure and the place of destination, whether there has been an overload or a break in the transport, are located:

1) on the territory of two states;

2) on the territory of one and the same state, if a stopover is provided for on the territory of another state.

The Code in terms of international air transportation is built taking into account the international practice of aeronautics and international conventions: the Warsaw Convention of 1929 and the Hague Protocol of 1955. Taking into account international experience the Rules for the International Carriage of Passengers, Baggage and Cargo by Air (as amended in 1984), which are an addition to the Air Code, have also been created.

For international transportation of passengers, baggage and cargo on civil aircraft of the Russian Federation, general provisions about air transport..., unless otherwise follows from the international treaties of the Russian Federation. International air transportation of mail is carried out in compliance with the rules of international postal agreements concluded by the USSR (as is known, Russia is their legal successor).

2. Contract for international air transportation

2.1. The concept, features and types of international treaty
air transportation

AT modern world There are six types of transport: sea, rail, road, river, air and pipeline. Types of transport are divided into water (sea, river), land (rail, road, pipeline) and air. All types of transport, except for pipelines, are used both for the transport of goods and passengers.

Each mode of transport has its own specifics regarding its use for the transport of goods. In particular, the features of air transport are:

High delivery speed;

Shortening (straightening) of the path (the aircraft actually flies in a straight line);

High safety of cargo in transit;

Possibility of transportation to remote areas where it is impossible to use other modes of transport;

But at the same time, air transport is the most expensive mode of transport and is most often used in the transportation of expensive goods. This type of transport is characterized by a limited carrying capacity and the impossibility of transporting a wide range of goods (bulk, bulk): it depends on weather conditions and ground flight support services.

The main criterion for choosing a particular type of transport is economic feasibility and its technical feasibility, which ensures the transportation of a specific cargo on time and without loss. In the same time different kinds transport are interchangeable and here everything depends on the choice of the cargo owner. However, the areas of use of various modes of transport cannot be unambiguous due to the huge number of various factors that affect the problem of their use:

Geographical and seasonal conditions;

The degree of branching of the infrastructure;

Ability to comply with the required terms of transportation and ensure the safety of cargo in transit;

State policy; political situation in the region;

Availability regulatory framework and many others.

In addition, the choice of using one or another mode of transport is affected by the problem of alternative delivery routes, and, consequently, the use of direct or mixed messages.

The choice of transport is greatly influenced by the transport characteristics of the transported goods - the totality of its physical and chemical properties that determine the conditions and techniques for its transportation, loading, unloading, reloading, storage, warehousing, etc.

By boarding a plane, we enter into certain legal relations with the carrier organization. Carriage is a contract under which the carrier undertakes to deliver you or your luggage to the place you need for a certain fee.

It should be noted that the peculiarity of transportation is that the contract comes into force not when you purchase a ticket, but at the moment when you board the aircraft. Another feature of transportation is the impossibility for the passenger to control the situation. If you are flying in an airplane, your life depends on the professionalism of the pilot, as well as on a host of other circumstances.

When buying an air ticket, the passenger concludes an air transportation agreement. Under this agreement, the aviation company (carrier) undertakes to transport the passenger and his baggage to the destination point, providing him with a seat on the aircraft making the flight indicated on the ticket, and in the event of the passenger checking in the baggage, also to deliver the baggage to the destination point and issue it to the person, authorized to collect baggage. The passenger is obliged to pay for the carriage at the established rate, and in case of check-in of baggage in excess of the established norm - for the carriage of this baggage.

Each air transportation contract and its conditions are certified by a transportation document issued by an aviation enterprise or organizations or persons (agents) authorized by it.

The shipping documents are:

When transporting a passenger - a ticket;

When transporting the passenger's belongings as baggage - a baggage receipt;

When transporting goods - a bill of lading.

Each airline determines the rules for the transportation of people and goods independently. These rules must comply with the national legislation of the countries through which the travel route passes, and international bilateral and multilateral agreements. If the rules are in conflict with the national legislation of any state, then on the territory of this state they are valid only to the extent that they do not contradict the laws. This also applies to the "Rules for the carriage of passengers, baggage and cargo on air lines USSR"(approved by order of the Ministry of Civil Aviation of the Russian Federation of January 16, 1985 N 19) and the Rules for the International Air Transportation of Passengers, Baggage and Cargo (approved by order of the MCA of the USSR of January 3, 1986 N 1 / I, entered into force on October 1, 1986), which are still the main documents regulating transportation within the country. However, in those points where these Rules are contrary to Russian laws, in particular, the legislation "On the Protection of Consumer Rights", the relevant legislation applies. In addition, the relationship between a passenger and an airline in international air transportation is governed by the Warsaw Convention of 1929 “On the Unification of Certain Rules Relating to International Air Transportation”, as amended in 1959 (Hamburg Rules).

Air ticket - a document confirming the conclusion of an air transportation agreement.

A passenger is allowed to be transported only if he has a valid ticket duly issued and issued by the carrier or an agent authorized by him. A passenger is not allowed to be transported if the ticket presented by him contains corrections or changes made to it by a person other than the carrier or agent. It is not allowed to transfer the ticket to other persons.

The ticket is valid for the carriage of a passenger and his baggage from the point of departure to the point of destination on the route and class of service specified in it. Each flight coupon is valid for the carriage of a passenger and his baggage only on the route segment, class of service, date and flight for which the seat is booked indicated on it.

If the ticket is issued without a reservation mark (with an open departure date), then the seat is booked in accordance with the passenger's request, subject to availability on the requested flight.

You need to keep the ticket until the end of the trip, and if there are grounds for making a claim, then until it is resolved. However, it should be remembered that, in accordance with Article 34 of the Warsaw Convention, the absence, incorrectness or loss of a ticket does not affect either the existence or the validity of the contract of carriage. In other words, the passenger will be able to defend his rights even if he loses his ticket, but if he saves it, it will be much easier to do so.

On domestic flights, lost tickets are not replaced, duplicates are not issued and money is not returned.

On international flights, losing a ticket is a nuisance, but not a tragedy. If the ticket is lost before departure abroad, you must contact the agency where it was purchased. If the trouble happened already abroad, then you need to contact the representative office of the airline whose ticket was lost. After checking whether the passenger is really on the passenger lists, a duplicate ticket will be issued.

The speed at which confirmation is received depends on how detailed information can be provided to the airline representative. The easiest way is to restore the ticket. if its number is known. If the ticket number is not recorded anywhere, it will take longer to receive confirmation. The minimum required information is the departure date and flight number.

2.2. General characteristics of the contract for the international carriage of passengers and baggage by air

Under the contract for the international carriage of passengers by air, the carrier undertakes to transport the passenger of the aircraft to the destination point, providing him with a seat on the aircraft operating the flight indicated on the ticket, and in the case of air carriage of baggage by the passenger, also to deliver this baggage to the destination point and issue it to the passenger or to a person entitled to receiving baggage to a person. The term of delivery of the passenger and baggage is determined by the rules of air transportation established by the carrier. The passenger of the aircraft undertakes to pay for air carriage, and if he has baggage in excess of the free baggage allowance established by the carrier, the carriage of this baggage.

The contract for the international air carriage of a passenger is certified by a ticket. Ticket forms are established by a specially authorized body in the field of civil aviation.

The contract for the international air carriage of passengers - in the ticket - contains the following provisions.

Open - this is the name of tickets that do not indicate the date of departure. Such tickets require confirmation.

Open Saw - the so-called air tickets that allow you to enter the country through one city, and leave it through another.

In accordance with international rules, the air passenger should reconfirm the return ticket at the local representative office of the travel company or airline at least 72 hours before departure - otherwise the company has the right to cancel the ticket reservation.

The price of an air ticket depends: on the class of the airline, the country and the length of stay in it, the conditions of booking and return, and even on the age of the passenger. All airlines in the world have three classes: first (F), business class (C) and economy (W). First class is the most expensive, economy class is the cheapest. The main difference between the classes is the comfort of the seats, the quality of food and the size of the free baggage allowance. You can carry 20 kg of luggage in economy class for free, 30 kg in business class, and 40 kg in first class. The excess baggage fee is the same for all classes and amounts to 1% of the first class fare for each kilogram in excess.

For international air transportation, the age of the passenger is determined at the time of departure. An international ticket is a small booklet consisting of several coupons - flight and passenger. The number of flight coupons must correspond to the number of flights, and the passenger one will remain with the passenger. The contract for the international air carriage of a passenger must specify:

1. Last name of the passenger.

Mrs (Mrs) is written after the woman's surname, and Mr (Mr) after the man's surname.

2. Flight number and airline code.

3.Date and time of departure. Departure times are always local.

4. Expiry date of the ticket.

If a seat is booked on this flight, then the letters OK are on the ticket. But if the seat is only requested and you can fly only if there are free seats, then the ticket has the RQ status.

The check-in time limit is the time after which the check-in of passengers for this flight is terminated. Depending on the direction, the schedule of work of this airport and the rules of each particular airline, it can be different (from 25 minutes to two or three hours). The check-in time limit is reported when buying a ticket.

Any airline carrier will make a full and forced refund of the ticket at the request of the passenger only in the following cases:

1. Death of a passenger or a member of his family;

2. Cancellation of the landing of the aircraft at the point specified in the passenger's ticket;

3. Failure by the carrier to provide flight connections;

4.Replacement of service class;

5. Refusal to transport due to security requirements;

6. Cancellation, rescheduling or delay of the flight.

Stand by - a term for a passenger who has not reserved a ticket in advance. A seat on board is provided to him only if there are empty seats on the aircraft after the check-in time limit has expired. This practice is widespread in some countries, as it allows you to travel with maximum discounts. The sale of "Stand by" tickets is prohibited at airports, so the ticket itself must be purchased in advance.

Stop Over is an opportunity to interrupt the journey provided for when issuing a ticket.

Surbooking - this form of booking involves the sale of more tickets than there are actual seats. This is due to the fact that some companies, in an effort to avoid downtime of vacant seats, are trying to get more orders so as not to incur losses if one of the customers refuses to travel. With this form of service, the company pays tourists for hotel accommodation and meals in cases where the client's flight is delayed due to a lack of real places. In addition, passengers who do not leave on time due to Surbooking are entitled to take the next flight.

Confirmation stamp - is placed on the flight coupon issued when the seat is reserved by the transport company.

Endos (Endos) - an agreement on the transfer of a seat on board the aircraft from the company that issued the boarding pass to another company, at the request of the passenger.

The contract of international air transportation regulates that the carrier is obliged to organize the service of aircraft passengers, provide them with accurate and timely information on the movement of aircraft and the services provided.

Aircraft passenger in accordance with Art. 68 of the Air Code of the Russian Federation has the right to:

1) travel on preferential terms in accordance with the legislation and the rules of air transportation established by the carrier;

2) free transportation of your baggage within the established norm. The free baggage allowance, including items carried by the passenger, is set depending on the type of aircraft and cannot be less than ten kilograms per passenger;

3) free, for international air transportation - in accordance with a reduced tariff, transportation with one child under the age of two years without providing him with a separate seat. Other children under the age of two years, as well as children between the ages of two and twelve, are transported in accordance with a reduced fare with the provision of separate seats for them;

4) free use of the services of rest rooms, rooms for mother and child, as well as a place in a hotel during a break in air transportation due to the fault of the carrier or in case of forced delay of the aircraft during dispatch and (or) in flight.

The procedure for providing aircraft passengers with services and benefits is established by federal aviation regulations (FAR).

The carrier may unilaterally terminate the passenger air carriage agreement in the following cases:

1) violation by the passenger of passport, customs, sanitary and other requirements established by the legislation of the Russian Federation in terms of air transportation, in international air transportation also by the rules determined by the relevant authorities of the state of departure, destination or transit;

3) if the state of health of an aircraft passenger requires special conditions for air transportation or threatens the safety of the passenger or other persons, which is confirmed by medical documents, as well as creates confusion and irreparable inconvenience for other persons;

4) the refusal of an air cargo passenger to pay for the carriage of his baggage, the weight of which exceeds the established free baggage allowance;

5) the refusal of the passenger of the aircraft to pay for the transportation of the child next with him;

6) violation by the passenger of the aircraft of the rules of conduct on board the aircraft, creating a threat to the safety of the flight of the aircraft or a threat to the life or health of other persons, as well as non-compliance by the passenger of the aircraft with the orders of the commander of the aircraft;

7) the presence in things that are with the passenger, as well as in baggage, cargo of objects or substances prohibited for air transportation.

In the event of termination at the initiative of the carrier of the contract for the air carriage of a passenger, the passenger shall be refunded the amount paid for air carriage, except for the case of violation by the passenger of the aircraft of the rules of conduct on board the aircraft, which poses a threat to the safety of the flight of the aircraft or a threat to the life or health of other persons, as well as non-compliance by the passenger of the aircraft with the orders of the commander of the aircraft. In this case, the amount paid for air transportation to the passenger of the aircraft is not returned.

The passenger of the aircraft has the right to cancel the flight with the notification of the carrier no later than twenty-four hours before the departure of the aircraft, if the rules of air transportation established by the carrier do not specify a grace period, and receive back the amount paid for air transportation. If the passenger of the aircraft refuses to fly later than the established period, the passenger has the right to receive back the amount paid for air transportation with withholding a fee, the amount of which cannot exceed twenty-five percent of the amount paid for air transportation.

In accordance with the current legislation, the carrier is liable to the passenger of the aircraft in the manner prescribed by the legislation of the Russian Federation, international treaties of the Russian Federation, as well as the passenger's air carriage agreement.

The operator is obliged to compensate for the damage caused during the operation of the aircraft, unless he proves that the damage arose as a result of force majeure or the intent of the victim.

The carrier and the passenger for violation of customs, currency, sanitary, quarantine and other rules are liable in accordance with the legislation of the Russian Federation.

The carrier's liability for harm caused to the life or health of an aircraft passenger during air transportation is determined in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation, unless a higher amount of the carrier's liability is provided for by law or the passenger's air transportation agreement, and is also determined by international treaties of the Russian Federation .

For the purposes of this article, the air transportation of a passenger includes the period from the moment the passenger of the aircraft passes through the pre-flight inspection for boarding the aircraft and until the moment when the passenger of the aircraft, under the supervision of the authorized persons of the carrier, left the airfield.

For delay in the delivery of a passenger to the destination, the carrier shall pay a fine in the amount of twenty-five percent of the established federal law the minimum wage for each hour of delay, but not more than fifty percent of the carriage fee, unless it proves that the delay occurred due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of aircraft passengers, or other circumstances beyond the control of carrier.

The carrier has the right to enter into agreements with passengers to increase the limits of its liability in comparison with the limits established by the Air Code or international treaties of the Russian Federation.

At the request of the passenger and upon presentation of transportation documents by one of them, the carrier is obliged to draw up a commercial act.

A commercial act certifies the circumstances that may serve as the basis for the carrier's or passenger's property liability.

In case of violation of the passenger air carriage agreement, the carrier is presented with a statement or claim at the airport of departure or at the airport of destination at the discretion of the applicant. The absence of a commercial act does not deprive the passenger of the right to file a claim or claim.

The right to submit an application to the carrier in case of violation of the passenger air carriage agreement has:

1) in case of loss, shortage or damage (spoilage) of baggage, as well as delay in its delivery - by a passenger or a person authorized by him upon presentation of a baggage receipt or a commercial act;

2) in case of termination at the initiative of the carrier of the contract for the air carriage of a passenger - a passenger.

For harm caused to life or health or property of an aircraft passenger during air transportation, the aircraft owner shall be liable in the amount provided for by the civil legislation of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation.

For harm caused to life or health or property of third parties during air transportation, the owner of the aircraft is liable in the amount provided for by the civil legislation of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation.

The carrier is obliged to insure liability for harm caused to the life and health of an aircraft passenger, as well as for damage caused to luggage and things in the passenger's possession.

The sum insured for each passenger of an aircraft, provided for by the passenger's life and health insurance contract, is set at not less than one thousand minimum wages established by federal law on the day the ticket is sold.

The sum insured provided for by the baggage insurance contract is set at a rate of at least two minimum size wages established by federal law, per kilogram of baggage weight.

The sum insured provided for by the insurance contract for things that are with the passenger is established in the amount of at least ten minimum wages established by federal law.

When performing international flights by aircraft, insurance of the carrier's liability to the passengers of the aircraft, including liability for loss, shortage or damage (spoilage) of baggage, as well as things carried by passengers, is mandatory. The amount of the sum insured must not be less than the amount stipulated by the international treaties of the Russian Federation or the legislation of the relevant foreign state.

Baggage - personal belongings of a passenger carried on an aircraft under an agreement with the carrier. The term "baggage" refers to both checked and unchecked baggage.

Checked baggage - passenger's baggage, which is accepted by the carrier for transportation under his own responsibility for its safety and for which he issued a baggage receipt and a baggage tag.

Baggage receipt - a document issued by the carrier solely for the identification of checked baggage.

Unchecked baggage (hand baggage) - passenger's baggage, which is in the cabin of the aircraft during transportation with the consent of the carrier.

Unaccompanied baggage - baggage accepted for carriage separately from the passenger and registered as cargo with a cargo slip.

So, the passenger's belongings are transported as checked baggage or unchecked baggage (hand luggage). Baggage is usually carried on the same aircraft as the passenger. On certain types of aircraft, passengers' belongings are transported only as unchecked baggage.

If you have paid for your luggage, you should be given a receipt. Paid Baggage Receipt - a document certifying the payment for the carriage of baggage in excess of the free baggage allowance or items, the carriage of which is subject to mandatory payment, as well as certifying the payment of fees for the declared value of baggage.

Most airlines allow items of any shape (e.g. bicycles) as baggage as long as they fit within the weight allowance.

As for hand luggage, there is no such strict regulation. Some airlines set a limit (often unofficial) on the weight of hand luggage - no more than 5 kg. Realizing that the weight limit for hand luggage is ineffective, some airlines have begun to limit hand luggage in size.

In excess of the free baggage allowance, the passenger has the right to carry the following items free of charge if they are in the passenger's hands and not included in the baggage:

ladies handbag;

Folder for papers;

Coat or raincoat;

Umbrella or cane;

Printed publications for in-flight reading;

Food for the child and a children's travel cradle;

Wheelchair for the disabled.

The passenger must not include in his baggage:

Items that can cause harm to the aircraft, persons or property on board the aircraft, including explosives, compressed gases, corrosive liquids, oxidizing substances, radioactive substances, magnetizing materials, flammable materials, poisonous, pungent or irritating substances, as well as liquids (with the exception of liquids in unchecked baggage, which are intended for consumption during the passenger's trip);

Items, the transportation of which is prohibited by the laws, regulations, rules and regulations of public authorities of any country, into, from or through the territory of which the transportation is carried out;

Items that, in the opinion of the carrier, due to their weight, size or other characteristics are not acceptable for carriage as baggage;

Animals, excluding dogs, cats and other indoor (tamed) animals and birds, which can be accepted for carriage subject to special rules.

The Carrier may refuse to carry as Baggage any items or substances of this kind and may refuse to re-carry any Baggage found to include such items or substances.

The liability of the carrier is determined by the civil legislation of the Russian Federation, the Rules for the carriage of passengers, and on international flights - by the Warsaw Convention.

The carrier is liable for damage resulting from the death or damage to the health of a passenger from the moment the passenger enters the airport apron for boarding an aircraft and until the moment when the passenger leaves the apron under the supervision of authorized persons of the carrier, unless otherwise follows from international treaties of the Russian Federation on liability in case of air transportation.

However, the carrier is not liable if the death or damage to the health of the passenger was the result of an exceptional state of his health.

The carrier is liable for loss, shortage or damage to baggage that occurred while the baggage was under the care of the carrier or its agent, regardless of whether this took place on the ground or on board the aircraft.

However, the carrier shall not be held liable if the loss, shortage or damage resulted solely from inherent properties or defects of the baggage.

The carrier is liable for losses caused due to delay in the carriage of passengers and baggage.

The carrier is liable for damages and losses, unless he proves that he, his employees or agents took all necessary measures to prevent harm and losses or that such measures could not be taken.

In particular, the carrier is not responsible for harm and losses arising directly or indirectly from compliance with the laws, regulations, rules and regulations of state bodies of any country, to, from or through the territory of which the carriage is carried out, or due to reasons beyond its control.

If the carrier proves that the fault of the person who has suffered harm caused or contributed to the harm, the court may eliminate or limit the liability of the carrier.

In the case of international carriage of passengers, the liability of the carrier in respect of each passenger is limited to the amount of two hundred and fifty thousand francs (Article 22, Clause 1 of the Warsaw Convention). However, by special agreement, the carrier and the passenger may establish a higher limit of liability.

In the carriage of checked baggage and goods, the liability of the carrier is limited to two hundred and fifty francs per kilogram, unless the value of the baggage is declared. In this case, the carrier is obliged to pay an amount not exceeding the declared amount, unless he proves that this amount exceeds the actual interest of the passenger or the sender in delivery to the destination.

In the event of loss, damage or delay of part of the Checked Baggage or any item included in it, the weight to be taken into account in determining the amount to which the liability of the carrier is limited shall be only the total weight of the item or items indicated. However, where the loss, damage or delay of Checked Baggage or any item included therein affects the value of other pieces included on the same Baggage Check, the total weight of such piece or pieces must also be taken into account in determining the limit. responsibility.

In respect of articles left behind by the passenger, the liability of the carrier is limited to five thousand francs per passenger.

These limits of liability shall not apply if it is proved that the damage or loss resulted from the intent or gross negligence of the carrier, its employees or agents acting in the performance of their official duties, unless otherwise follows from the international treaties of the Russian Federation on liability in air transportation.

2.3. General characteristics of the contract for international air transportation of goods

Under the contract for the international carriage of goods by air or under the contract for the international carriage of mail by air, the carrier undertakes to deliver the cargo or mail entrusted to him by the consignor to the point of destination and issue them to the person (consignee) authorized to receive the cargo or mail, and the consignor undertakes to pay for the carriage of goods or mail by air.

The main regulatory documents governing the contract for the international carriage of goods by air are the Air Code of the Russian Federation and the Geneva Convention on the contract for the international carriage of goods by road of May 19, 1956 (CMR).

The said Convention applies to any contract for the carriage of goods by road for reward by means of means of transport where the place of loading of the goods and the place of delivery of the goods specified in the contract are located in the territory of two different countries, of which at least one is a party to the Convention. The application of the Convention does not depend on the domicile and nationality of the contracting parties.

It is established that the proof of the conclusion of the contract for the international carriage of goods by air is the consignment note. It establishes the acceptance of cargo for transportation and its conditions. The data specified in the consignment note regarding the characteristics of the cargo must be reliable. Moreover, data on the quantity, volume and condition of the cargo are considered reliable if the carrier has verified them in the presence of the sender or his representative, indicating this in the consignment note.

The responsibility of the carrier for baggage and cargo is as follows. Thus, the carrier is liable for the loss, shortage or damage to baggage or cargo if the incident resulting in damage occurred at a time when the baggage or cargo was under the protection of the carrier, regardless of whether this took place on the ground or on board. aircraft, and is also liable for losses caused as a result of delay in the carriage of baggage or cargo, unless he proves that he took all the necessary measures to prevent harm and loss or that such measures could not be taken (Article 122).

In the case of carriage of baggage or cargo, the carrier's liability for each kilogram of baggage or cargo is limited to the limit established by international treaties of the USSR on liability in air carriage, except in cases where the sender has handed over the baggage or cargo to the carrier with a declared value. In this case, liability is determined in the amount of the declared value, unless the carrier proves that it exceeds the damage actually caused. According to international practice, the air carrier's liability limit is set at 83.3 SDRs (special drawing rights) per 1 kg of weight (1.4 US dollars per 1 kg.). This limit on reimbursement is recommended by the terms and conditions of the International Air Transport Association (IATA), a highly authoritative body in the commercial aspects of international air travel.

In case of loss, shortage, damage or delay in delivery of a part of the baggage or cargo or any item contained in them, when determining the amount of compensation, only the total weight (mass) of the piece or pieces is taken into account.

In the case of receipt of baggage or cargo without objection, it is assumed, unless otherwise proven, that they were delivered in proper condition and in accordance with the transportation document. In the event of damage, the person entitled to receive baggage or cargo must submit a written claim to the carrier immediately upon discovery of damage, but no later than 7 days from the date of receipt of the baggage and 14 days from the date of receipt of the cargo. In case of delay in delivery, the claim must be submitted no later than within 21 days, counting from the date of transfer of the baggage or cargo to the recipient (Article 129).

The chapter of the Air Code called “Charter” is also of interest to cargo owners, as charter flights have become increasingly important in recent years.

This chapter defines

The rights and obligations of the parties: the charterer - an airline, which are reduced to the timely provision of the capacity of the aircraft and its maintenance in an operational condition, as well as the charterer - the cargo owner, who is obliged to pay the fee in a timely manner, ensure the delivery of cargo to the place of departure;

Liability under the contract - charter.

The carrier is liable to the cargo owner in accordance with the procedure established by the legislation of the Russian Federation, international treaties of the Russian Federation, as well as the contract for the carriage of goods by air or the contract for the carriage of mail by air.

The carrier, consignor and consignee for violation of customs, currency, sanitary, quarantine and other rules are liable in accordance with the legislation of the Russian Federation.

The carrier is liable for loss, shortage or damage (spoilage) of baggage or cargo after accepting them for air transportation and before issuing them to the consignee or before transferring them in accordance with the established rules to another citizen or legal entity if he does not prove that he has accepted all the necessary measures to prevent harm or such measures could not be taken.

The carrier is liable for loss, shortage or damage (spoilage) of baggage or cargo, unless it proves that they were not the result of intentional actions (inaction) of the carrier or did not occur during air transportation.

For loss, shortage or damage (spoilage) of baggage, cargo, as well as things that are with the passenger, the carrier is liable in the following amounts:

1) for loss, shortage or damage (spoilage) of baggage, cargo accepted for air transportation with a declaration of value - in the amount of the declared value. For air carriage of baggage or cargo with a declared value, the consignor or consignee is charged an additional fee, the amount of which is established by the air carriage agreement for baggage or the air carriage agreement for cargo;

2) for loss, shortage or damage (spoilage) of baggage, cargo accepted for air transportation without declaring value - in the amount of their value, but not more than in the amount of two minimum wages established by federal law per kilogram of baggage or cargo weight;

3) for loss, shortage or damage (spoilage) of things that are with the passenger - in the amount of their value, and if it is impossible to establish it - in the amount of not more than ten minimum wages established by federal law.

The cost of baggage, cargo is determined based on the price indicated in the seller's invoice or provided for by the contract, and in its absence, based on the average price for a similar product that existed in the place where the cargo was to be released, on the day of voluntary satisfaction of such a requirement or on the day issuance of a court decision if the claim was not voluntarily satisfied.

For the loss, shortage or damage (spoilage) of baggage, cargo during international air transportation, the carrier shall be liable in accordance with international treaties of the Russian Federation.

For delay in delivery of baggage or cargo to the destination, the carrier shall pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, unless it proves that the delay occurred due to force majeure, elimination of an aircraft malfunction that threatens the life or health of aircraft passengers, or other circumstances beyond the control of the carrier.

The shipper is liable for damage caused by the carrier or a person to whom the carrier is liable due to the incorrectness or incompleteness of the information provided by the shipper.

Carrier bears liability to postal organizations for loss, damage (damage) or delay in delivery of mail due to the fault of the carrier in accordance with the legislation of the Russian Federation.

At the request of the consignor or consignee and upon presentation of shipping documents by one of them, the carrier is obliged to draw up a commercial act.

A commercial act certifies the circumstances that may serve as the basis for the property liability of the carrier, consignor or consignee.

A commercial act is drawn up upon delivery of baggage or cargo to certify the following circumstances:

1) discrepancy between the actual name of the cargo, its weight or the number of cargo units with the data specified in the transportation document;

2) damage (spoilage) of the cargo;

3) shortage or damage (spoilage) of baggage;

4) discovery of baggage or cargo without shipping documents or shipping documents without baggage or cargo.

To certify the indicated circumstances in relation to mail, the carrier and the postal service organization draw up a commercial act.

Prior to filing a claim against the carrier in case of violation of the contract for the carriage of goods by air or the contract for the carriage of mail by air, a claim is made to the carrier.

The right to file a claim and claim against the carrier have:

1) in case of loss of cargo, the consignee upon presentation of a consignment note issued by the carrier to the consignor, with a note from the airport of destination on the arrival (non-arrival) of the cargo, and if it is impossible to present such a waybill, a document on payment of the cost of the cargo and a certificate from the carrier on dispatch of cargo with a mark on the airport of destination on the arrival (non-arrival) of the cargo;

2) in case of shortage or damage (spoilage) of the cargo, the consignee upon presentation of the consignment note or commercial act;

3) in case of delay in the delivery of cargo, the consignee upon presentation of the consignment note;

4) in case of loss, shortage or damage (spoilage) of mail, as well as delay in its delivery, the organization of the postal service of the destination of the mail;

5) the insurer upon presentation of the relevant transportation documents, as well as documents confirming the facts of the conclusion of the insurance contract and the payment of insurance compensation.

In the event of damage (damage) to baggage or cargo during international air transportation, the person entitled to receive it, upon detection of damage, must notify the carrier in writing no later than seven days from the date of receipt of the baggage and no later than fourteen days from the day receiving cargo. In case of delay in the delivery of baggage or cargo, a claim must be submitted within twenty-one days from the date of transfer of the baggage or cargo to the disposal of the person entitled to receive it. This notification is the basis for drawing up a commercial act.

In case of loss of baggage, cargo or mail, a claim against the carrier may be made within eighteen months from the day the aircraft arrived at the airport of destination, from the day the aircraft was supposed to arrive, or from the day the air carriage was terminated (Article 115).

The carrier is obliged, within thirty days from the date of receipt of the claim, to consider it and notify the consignor or consignee in writing of the satisfaction or rejection of the claim (Article 118).

The limitation period begins on the next day after the consignor or consignee receives a response on the refusal or partial satisfaction of the claim, in case of non-receipt of such a response - forty-five days after the receipt of the claim by the carrier, unless otherwise provided by the contract for the carriage of goods by air or the contract for the carriage of mail by air .

The carrier is obliged to insure liability to the cargo owner or consignor for loss, shortage or damage (spoilage) of cargo for the sum insured, the amount of which must not be less than two minimum wages established by federal law at the time of issuance of the consignment note, for each kilogram of cargo (Article 126).

The International Air Transport Association (IATA) is responsible for setting and negotiating freight rates. The current international practice follows the path of developing numerous freight rates depending on the nature of the cargo, its weight and direction of transportation.

Freight rates are a fee for the transportation of 1 kg of cargo from the point of departure to the point of destination. They can be considered on the basis of the total weight and volume of cargo and include payment for loading and unloading the aircraft, storage of cargo and forwarding services. The current practice of setting air fares usually includes the following costs:

Delivery of goods from the city to the airport of departure and from the airport of destination to the city;

Storage of goods in warehouses beyond the terms stipulated by the rules for the application of tariffs;

For cargo insurance;

To carry out customs formalities;

For possible costs for the replacement or repair of containers and packaging; for possible reshipment or return of the goods.

The international tariff system is highly differentiated and includes the following types tariffs. The main tariffs, which are divided into three categories:

Regular rates (for cargoes up to 45 kg.);

Quantitative, providing for the encouragement of shippers when transporting large consignments, regardless of their homogeneity. For this, additional weight categories are established (for example, 100, 200, 500 kg.), For each of which various discounts are established, the amount of which, depending on the areas of transportation, can range from 25 to 75%;

Minimum freight charges are set for very small consignments. They are agreed with the shipper in the event that the payment at the normal freight rate is below the minimum fee. In terms of size, the minimum rates usually correspond to the cost of transportation of 5 kg. cargo.

When deciding on the advisability of air transportation of cargo, one should also take into account the fact that if the cargo being sent, with a small weight, has a large volume (usually more than 6000 cubic cm per 1 kg of weight), payment is charged depending on the volume. Moreover, every 6000 cubic meters. cm. of lightweight cargo are taken equal to 1 kg. When determining the volume, measurements are taken between the outermost points of each of the three measurements. On certain routes, there are separate rates for certain classes of cargo (newspapers and magazines, animals, gold and jewelry, unaccompanied valuable luggage, etc.). For these goods, a system of surcharges to the regular tariff is applied.

In some directions, for certain categories of cargo, the practice of establishing special preferential tariffs (korates) is widespread. They are set differently for different consignments, as a rule, with a minimum standard shipment weight from 45 to 1000 kg. In Russia, these special freight rates apply to the majority of transported foreign trade goods.

IATA rules provide for the possibility for a carrier to enter into multimodal transport agreements with other airlines, which gives shippers the opportunity to choose the route and flight schedule, and cargo can be transported between any points on one waybill.

When setting the tariff, it is also important by which aircraft the cargo will be sent - passenger or cargo. According to international rules, on scheduled passenger aircraft, cargoes are accepted for transportation, the weight of one piece of which does not exceed 200 kg, and the dimensions correspond to the dimensions of the cargo hatch.

Transportation of heavy and oversized cargo is carried out by special cargo aircraft. These aircraft are equipped with facilities for loading and unloading. Tariffs in this case each time are contractual.

Transportation of goods on international lines is issued an international waybill. It is a document certifying the conclusion of a contract of carriage between the sender and the carrier.

If a appearance and the state of packaging of the goods are not satisfactory, the sender is obliged to indicate in the consignment note its actual appearance and condition, but the carrier has the right to require the sender to bring the goods into proper condition.

If the cargo handed over for transportation has special properties or needs special transportation conditions, the sender must indicate this on the waybill.

The sender bears full responsibility to the carrier for the completeness, correctness and accuracy of the information specified in the air waybill, including in cases where the air waybill was filled in by the carrier at the request of the sender. The sender is obliged to compensate for the damage caused to the carrier as a result of the incorrectness, inaccuracy or incompleteness of the specified information in the air waybill, regardless of whether it was filled in by the sender or a person authorized by him (forwarder), including the carrier.

The bill of lading is a set consisting of 12 copies glued along the end of the spine. Three copies in the set are originals and are intended for:

Original N 1 - for the carrier that issued the waybill. The color is green. Remains with the carrier and serves for the purposes of settlement with the client;

Original N 2 - for the recipient. Pink colour. It follows with the cargo to the destination and is issued to the recipient along with the cargo;

Original N 3 - for the sender. Blue color. Issued to the sender and serves as proof of acceptance of the goods by the carrier.

The remaining nine copies are copies and are intended for the following purposes:

Copy of NN 10,11,12 - additional copies for the carrier. White color. Used by the carrier as needed;

Copy N 9 - for the sales agent. White color. Remains with the agent. An agent is an airline, freight forwarder, travel company, etc.;

Copy N 8 - for the first carrier. White color. Remains at the airport of departure with the first carrier;

Copy N 7 - for the second carrier. White color. Follows with the cargo and remains with the second carrier, if any;

Copy N 6 - for the third carrier. White color. Follows with the cargo to the destination, if any;

Copy N 5 - for the airport of destination. White color. It follows along with the cargo to the destination and is used to go through customs formalities;

Copy N 4 - delivery confirmation. Yellow color. It follows along with the cargo to the destination and is signed by the recipient. Remains with the last carrier as the consignee's receipt of receipt of the goods. It is evidence of the fulfillment of the contract of carriage.

The consignment note may be completed by the carrier himself, in which case the carrier will be deemed to have acted on behalf of and on behalf of the sender.

An international waybill must be completed on English language. Corrections and erasures in the invoice are not allowed.

The rules for filling out the waybill are not complicated and, if necessary, it can be filled out by the airline. In practice, the waybill is often filled in by the sender's forwarder.

The current practice of organizing international air transportation, including in Russia, is such that airlines prefer not to work directly with shippers, but to build their relations with them through freight forwarding companies.

When exporting goods, international air freight forwarders provide customers with the following services:

Checking the condition of the container and the presence of the necessary markings;

Carry out cargo delivery from the consignor's warehouse to the airport;

Prepare shipping documents;

Pay for the cost of transportation on behalf and at the expense of the client;

Carry out customs clearance of export goods;

Carry out loading operations;

insure the cargo;

Perform a number of other tasks on behalf of clients.

Freight forwarding firms often use in their interests and in the interests of shippers a number of international customs of a commercial and legal nature. First of all, this concerns the air waybill as a document reflecting the existence of a contract for the carriage of goods. In particular, forwarders supported the idea of ​​airlines not to give the air waybill the functions of a document of title. This has led to the fact that at present, with the approval of the International chamber of commerce, banks accept as a settlement document not only documents issued by airlines (Master Air Waybill -MAWB), but also invoices issued by forwarding companies.

Thus, the air waybill becomes a document:

Confirming the existence of a contract of carriage;

A document substantiating the amount of the freight charge;

insurance certificate;

A document according to which the cargo is cleared through customs.

Even at the inception of cargo transportation, air transport companies transferred the functions of attracting them and organizing transportation to forwarders. In order to unify and facilitate the management of the activities of cargo agents (the so-called freight forwarders providing air transportation of goods in international traffic), IATA created the World Organization of Cargo Agents and introduced the rule of "appointment" of IATA cargo agents. The appointment of a freight forwarder as an IATA agent gives him weight and ensures that the IATA member airline is obliged to transfer his cargo at a fixed rate and pay the freight forwarder a fee.

The carrier is obliged to deliver the cargo accepted for air transportation to the destination within the specified time. The delivery time of the cargo is determined by federal aviation regulations or the rules of air transportation established by the carrier, unless otherwise provided by the contract for the carriage of cargo by air.

The consignor has the right, in the manner prescribed by the federal aviation rules or the rules of air transportation established by the carrier, to receive back the cargo handed over for air transportation before its departure, to change the consignee's air waybill before the delivery of the cargo to the person authorized to receive it, to dispose of the cargo in case of non-acceptance by the consignee or not the possibility of issuing it to the consignee.

In the event of a change in the conditions of air transportation provided for by the contract for the carriage of goods by air, the carrier is obliged to notify the consignor or consignee of this and ask for their instructions regarding this cargo.

The carrier is obliged to notify the consignee of the arrival of the cargo within the time limits stipulated by the federal aviation rules or the rules of air transportation established by the carrier, unless otherwise provided by the contract for the carriage of cargo by air.

The consignee is obliged to accept and take out the cargo. The consignee has the right to refuse to receive damaged or spoiled cargo if it is established that the quality of the cargo has changed so much that it is impossible to use it in full and (or) in part in accordance with its original purpose.

If the consignee did not claim the arrived cargo within the period stipulated by the federal aviation rules, the rules of air transportation established by the carrier or the contract for the air transportation of cargo, or refused to accept it, the carrier is obliged to notify the consignor about this, leave the cargo for storage at the expense of the consignor and for his risk.

Cargo not received within the period stipulated by the federal aviation rules, the rules of air transportation established by the carrier or the contract for the carriage of goods by air, is considered unclaimed and is sold in the manner determined by the federal aviation rules.

The storage of cargo subject to customs control and its disposal are carried out in accordance with the procedure established by the customs legislation of the Russian Federation,

Air transportation of weapons, ammunition, explosives, poisonous, flammable, radioactive and other dangerous items and substances is carried out in accordance with the legislation of the Russian Federation, federal aviation regulations, as well as international treaties of the Russian Federation.

During transportation, goods are subject to risks of loss or damage, which may lead to non-fulfillment of contractual obligations by one of the partners. International and national laws establish guarantees for compensation for such losses. To obtain a more complete protection of their own interests, cargo owners resort to the help of insurance companies.

But the payment of insurance premiums increases the cost of transportation in general, reducing the expected profitability of trading operations.

Thus, when sending the cargo, its owner faces a choice either to give the cargo to the risk of the carrier or to purchase an insurance policy that covers the risks arising during transportation.

In the first case, he receives guarantees of compensation for the cost of the cargo, the amount of which is determined by legal acts regulating this type of transportation. (The amount of liability under Russian and international law is different).

In the second, by purchasing an insurance policy, he can receive any necessary amount of guarantees, both in terms of the amount of liability and the types of risks covered by insurance.

Let's consider the first option. In international air transportation, when accepting the cargo, the transport company bears financial responsibility for it. But the maximum amount of possible compensation is limited. This is explained by the fact that international conventions governing transportation are built on the principles of a compromise between the interests of the cargo owner and the carrier. On the one hand, the maximum limit of the carrier's liability for the cargo has been established, which increases its financial stability. On the other hand, he has the burden of proving his innocence, which protects the position of the cargo owner.

International air transport is governed by the Warsaw Convention of 1929 and the protocols signed later on the carriage of goods: The Hague 1955 and Montreal 1975. The Warsaw Convention applies to scheduled air services. The legal basis for the contract on air transportation in non-scheduled (charter) services is the Guadalajara Convention of 1961. The liability of the air carrier for cargo is limited to 17 SDRs (approx. 20 USD) or 250 gold francs per kilogram of lost or damaged cargo.

Of course, the issue of recovery of damages is important for the cargo owner. Indeed, it is often necessary to prove the validity of one's claims in court, which imposes additional costs on both parties and does not guarantee a quick resolution of the issue.

In addition, each of the above legal acts provides a list of circumstances that relieve the carrier from liability. The Convention provides for an exemption from liability of the transport company if the loss occurred due to circumstances that it could not avoid and the consequences of which it could not prevent. Based on this, we can conclude that the interests of the cargo owner are extremely vulnerable in the case of transferring the cargo only to the responsibility of the carrier. By insuring his cargo, the cargo owner receives guarantees for damages, the scope of which is much wider than the guarantees provided by the carrier.

An important factor is the influence of banking structures on trading companies, which provide loans to customers' turnover only if the transported goods are insured. When paying for transactions using a documentary letter of credit, the requirements for insurance coverage must be included in the letter of credit agreement.

Let's consider in more detail the conditions of cargo insurance.

Insurance for international air transportation of goods is carried out on standard conditions, which are called reservations. Each of these reservations is numbered with the date of its acceptance. These clauses are developed on the basis of international practice by the Institute of London Underwriters. these clauses are commonly referred to as the "A", "B" and "C" clauses of the Institute of London Underwriters. (Clauses 252-254.1.1.82). There are also other generally accepted rules developed by German insurers, which do not fundamentally differ from English ones.

Under the terms of the “A” clause, all risks to which the goods are exposed during transportation are covered by insurance. The only exceptions are a few specially specified groups of risks, for example, losses resulting from:

Intent or gross negligence of the insured;

Internal defect of the insured cargo;

Hostilities, popular unrest, confiscation, arrest or requisition of cargo;

Impact of a nuclear explosion or radioactive contamination;

Influences of air temperature or special and natural properties of the cargo;

Lack of cargo with the integrity of the outer packaging and seals;

Cargo damage by worms, rodents, insects, etc.

Clauses “B” and “C” provide narrower coverage. In accordance with their terms, only losses caused by the risks specifically specified in them are indemnified.

Thus, according to clause “B”, losses incurred due to:

fire, explosion;

Collisions of an aircraft with any object, except for contact with the ground;

Earthquake, volcanic eruption, lightning strike;

Losses, expenses and contributions in general average;

Throwing cargo overboard;

The complete loss of individual parts of the cargo as a result of a fall during loading or unloading.

Clause "C" coverage also excludes losses from water leakage, damage during handling, earthquake, volcanic eruption and lightning strike.

When concluding contracts for the sale of goods on the terms of delivery ex-station of destination, the obligation to conclude an insurance contract lies with the seller. The sum insured at the conclusion of the contract is traditionally 110% of the value of the goods. This is explained by the fact that the sum insured includes 10% of the value of the goods, constituting the expected profit of the buyer. As a rule, it is the responsibility of the seller to conclude an insurance contract under the terms of clause “C”, which provides the most narrow coverage, but, at the request of the buyer and at his expense, the goods can be insured under other conditions.

Other terms of delivery do not specifically stipulate the obligation to insure the goods by any of the counterparties.

In case of air transportation, the cargo owner, upon payment of the premium to the insurance premium, may be provided with additional coverage for losses caused by military risks and strikes. Usually. it is a few tenths of a percent.

The terms of delivery of goods, determined by "INCOTERMS-90", are increasingly used in trade between the CIS countries and in domestic trade.

The cargo insurance rules of the majority of Russian insurance companies are developed on the basis of clauses “A”, “B” and “C” of the Institute of London Insurers. Insurance is usually carried out on the following conditions:

“With responsibility for all risks”;

“With liability for private accident”;

“No liability for damages, except in the event of a crash”, which are practically the same in terms of the amount of coverage provided.

Summarizing the above, we can conclude that the greatest guarantees for compensation for damage to cargo during its transportation can be obtained by contacting one of the insurance companies that provide cargo insurance services. Financial condition insurance companies is under constant control of state bodies.

The insurer is interested in taking a set of preventive measures to reduce the likelihood of loss; he can put forward certain requirements for the routes and the procedure for the implementation of transportation, which significantly affects their unprofitability. Thus, a compromise can be reached between the interests of all parties involved in the transport process. To carry out measures to prevent losses, funds are spent from specially created reserves of insurance companies and the cargo owner, who takes additional measures to prevent them, receives discounts from insurance premiums.

AGENCY AGREEMENT No. _____

on the feasibility study of foreign trade cargo

Moscow “___”_________2004

Company ______________________________ represented by the Executive Director ______________________________, acting on the basis of the Articles of Association, hereinafter referred to as the “Company”, on the one hand, and ______________________________________ represented by Director General _____________________________________, acting on the basis of the Charter, hereinafter referred to as the “Agent”, on the other hand, collectively referred to as the “Parties”, have concluded this agreement as follows:

SUBJECT OF THE CONTRACT

1.1 This agreement governs the relationship of the parties when:

a) the “Agent” conducts a feasibility study for the clients of the “Company” on the territory of ______________________________;

b) for the promotion by the "Agent" of the services provided by the "Company" in the territory of ____________________;

1.2. Interaction and cooperation is carried out on pre-agreed conditions and according to the approved technology.

1.3. Payment for mutual services is carried out at pre-agreed and approved rates, which are reflected in the additional agreement, which is an integral part of this agreement.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

Responsibilities of the Agent:

Acting as a contractor, timely receive, process, store cargoes of the “Company's” own clients at the approved rates specified in Appendix No. __, which is an integral part of this contract.

Carry out control over the quantity and quality in accordance with the transport documents and control the integrity of the package, weight parameters and the full composition of packages. It is mandatory to make notes in the shipping documents about damage to the packaging and contents of packages and notify the “Company” about this within 24 hours from the moment of discovery.

Send daily reports to the production department of the "Company" on the state of the warehouse in the form specified in Appendix No. 8, which is an integral part of this agreement.

Timely issue invoices to the “Company” for the services provided to it. All additional invoices must be provided no later than 3 months from the date of provision of the service.

Acting as a customer in the feasibility study of the goods of our own clients, perform the following technology:

a) provide the “Company” with quarterly plans for the transportation of foreign trade cargo in international air traffic no later than 7 days before the start of the planned quarter in the prescribed form specified in Appendix No. 1, which is an integral part of this agreement;

b) fulfill all the listed requirements specified in Appendix No. 3, which is an integral part of this agreement;

c) timely and in accordance with the established procedure to pay for the services of the "Company" according to the invoices issued in accordance with the issued order and the work performed;

d) provide offices, bases and CHPPs of the “Company” with special instructions for the feasibility study, transshipment, storage and transportation of certain types of foreign trade and transit cargo requiring special conditions, or cargo for which transportation rules have not been developed. In the absence of such special instructions The “Company” is not responsible for the loss, damage or deterioration of the cargo;

e) provide the “Company” with the necessary certificates and permits required for certain types of goods when exporting and importing into the territory of the CIS (including veterinary, quarantine, sanitary, etc.);

f) reimburse the offices, bases and CHPPs of the “Company” for the actual costs of sending shipping documents abroad by mail and shipping information transmitted by telefax (telegraph) to foreign firms;

g) reimburse the “Company” for all additional expenses arising from the transportation and feasibility study of goods on the territory of the CIS and abroad, as well as the costs of buying out, storing and handling goods arriving at ports, bases and at the “Company’s” CHPP for the “Agent” which were not previously specified in the application, and pay the "Company" a commission for the performance of these operations in the agreed amount.

Observe the technology of relations between the "Agent" with the "Company" and the "Agent" with clients, described in this agreement.

On its own and at its own expense, carry out advertising activities aimed at attracting customers and increasing the volume of services provided.

Fulfill the volume of shipments of goods of their own customers, established in the supplementary agreement to this agreement.

At the request of the company, provide additional information regarding the state of the market, customers, etc., which is not a commercial secret of the “Agent”.

Do not cooperate with other competing companies in the field of feasibility studies on this technology, within the framework of which this contract is concluded.

Keep and observe commercial secrets regarding the technology of relationships between the “Company” and the “Agent”, the “Agent” and clients, which was transferred by the “Company” for interaction, and was also formed in the process of cooperation.

Represent the company's interests in the region in good faith.

Comply with all other conditions and obligations arising from this agreement.

Timely (within 24 hours) inform the “Company” of all changes in the work of the “Agent” regarding the technology of the feasibility study, personnel, location, etc. by official written notification.

Responsibilities of the Company:

Acting as a contractor to perform technology:

organize transportation and carry out a feasibility study of foreign trade goods of the “Agent” according to his applications within a pre-agreed time frame and at an agreed rate. This implies the following procedure for the implementation of the feasibility study:

a) "Agent" issues an application to the "Company" for the organization of transportation and feasibility study of foreign trade goods in foreign and Russian territories no later than 3 days before the start of the feasibility study in the prescribed form specified in Appendix No. 2, which is an integral part of this contract, with the exact and detailed provision of information about the weight, volume, value and nature of the cargo. The Application is considered received and imposes on the Contractor the obligation to fulfill the Application if the following conditions are met;

b) "Agent" issues instructions, orders and any other documents that have all the necessary details, providing the possibility of preparing goods for dispatch (acceptance) and execution of transportation documents;

c) "Agent" must indicate in the application reliable information about the cargo declared for transportation, and be fully responsible for the information provided.

"Company" on the application (applications) received (s) from the Customer:

a) carries out the development of transport conditions of contracts with foreign firms, including, if necessary, transport and forwarding services at international airports;

b) provides information on the level of rates for the carriage of goods in international traffic, as well as the handling of goods in foreign ports and at border stations, necessary for calculating the transport component of the price of goods and payment for transportation;

c) enter into contracts with domestic and foreign transport and transport-forwarding organizations for the transportation and feasibility study of foreign trade goods in foreign territories by various modes of transport;

d) on behalf of the "Agent" and at his expense, makes settlements with transport organizations for the implementation of loading and unloading operations, storage of goods in warehouses, their transportation by various modes of transport, as well as for other types of services;

e) controls the process of delivery of goods;

f) on behalf and at the expense of the "Agent" sends transport, shipping and settlement documents to banks, foreign firms, informs foreign firms about the shipment of export cargo within the time specified in these instructions.

Cargo delay. In case of cargo delays or their arrival in improper condition (with traces of packaging violation, with surplus / shortage) in comparison with the transport documents, the “Company” is obliged, on behalf of the “Agent”:

a) participate as a representative of the "Agent" in the preparation of acts in places where such a delay or arrival in poor condition takes place;

b) on behalf of the “Agent” and at his expense, call experts to draw up expert examination reports to determine the condition and quality of the arrived cargo;

c) if necessary, on behalf of the “Agent” and at his expense, prepare Required documents to submit an insurance claim.

d) In the event of a cargo delay due to the fault of the “Company”, the latter may provide the “Agent” with a discount in the amount not exceeding 30% of the total amount of delivery, calculated at the rates and rates agreed in advance or in accordance with Appendix No. 4 to this agreement.

4) Other orders. By agreement of the parties, the "Company" performs other instructions of the "Agent" with reimbursement of expenses in the manner prescribed by this agreement.

Acting as a customer in a timely manner in accordance with Form No. 2, which is an integral part of this contract, submit orders to your “Agent” for the feasibility study of your own clients.

Provide the “Agent” with a package of documents regulating the relationship between the “Agent” and the “Company”, the “Agent” and clients.

To conduct training on training the “Agent” in the technology of interaction between the “Agent” and the “Company”, “Agent” and clients.

Issue invoices to the "Agent" for the services provided within 5 (five) days from the date of their performance.

At the request of the "Agent" to carry out cargo insurance at pre-agreed and approved rates.

By order of the “Agent”, provide any necessary information regarding the feasibility study of cargo, work technology, etc., which is not a commercial secret of the “Company”.

Fulfill all other obligations arising from this agreement.

Inform the “Agent” about changes in the technology of work, rates for services, replacement of personnel, etc.

Carry out orders to the "Agent" for the feasibility study of clients, filling them out in the form that is Appendix No. 2 to this agreement.

Inform about the planned arrival of goods at the client's warehouse by sending out the completed form No. 6, which is an annex to this agreement (No. 7).

Timely pay invoices received from the “Agent”.

PAYMENT PROCEDURE

Mutual settlements are carried out on the basis of invoices issued by the parties and according to the details specified in the invoice.

The amount of the invoice is determined on the basis of the volume and type of services ordered by one of the parties to the other and the cost of these services specified in the supplementary agreement to this agreement.

Each of the parties is obliged to issue an invoice for the services rendered no more than within five days from the date of their performance.

If the amount of debt of one of the parties does not exceed 5,000 US dollars, then the settlements of the parties are made by mutual offset.

In the event that the accounts payable of one of the parties exceeds the above amount, it is obliged to repay its debt for the services received within three days by transferring the amount of the debt to the specified details of the creditor.

The party that made the delay in payment shall pay penalties in the amount of 0.1% per day of the amount owed.

If one of the parties does not agree with the amount specified in the invoice, it is obliged to notify the other party in writing within three days with a reasoned explanation of the reasons for disagreement.

RESPONSIBILITIES OF THE PARTIES

The parties are responsible for non-fulfillment and improper fulfillment of their obligations under the contract in accordance with the current legislation in the Russian Federation.

The party that has violated its obligations under the contract must immediately eliminate these violations.

The “Agent”, acting as a customer, is liable for losses caused to the “Company”:

a) as a result of providing incorrect information about the cargo subject to feasibility study in the application or shipping documents regarding its parameters (weight, volume, cost) and the nature of the cargo in the amount of lost profits incurred by the "Company", and in case of its absence - in the amount penalties imposed by the “Company”, which, however, cannot exceed the amount due to him for the services;

b) improper performance of this agreement - in the amount of lost profits incurred by the "Company";

c) failure to present the cargo for transportation - in the amount of penalties imposed by the transport organization;

d) actions that led to the downtime of vehicles - in the amount of a fine presented by the transport organization.

The “Agent” is fully responsible for providing false information about the cargo declared for transportation in the application, in accordance with the legislation of the Russian Federation.

The “Agent”, acting as a contractor, is liable for damage caused by the total or partial loss of the cargo, considering that the amount of the amount. subject to reimbursement is determined on the basis of the value of the goods at the place and at the time of acceptance for shipment. The amount and procedure for compensation is determined in accordance with the Warsaw Convention of Air Carriers of October 12, 1929 (Chapter 3).

The “Company”, acting as a contractor, and its territorial organizations are responsible for:

a) for losses caused to the “Agent” by the loss, damage, deterioration in the quality of the goods of the “Agent” transferred to the “Company” for a feasibility study or temporary storage, if the fault of the “Company” exists;

b) the “Company” is not responsible for losses incurred by the “Agent” as a result of the failure by the “Agent” of the conditions listed in this agreement and its annexes;

c) for improper fulfillment of the terms of this agreement, “the Company is liable in the amount of lost profits incurred by the “Agent”, which, however, cannot exceed the amount of remuneration for the services rendered due to the “Company”;

d) The “Company” is liable for damage caused by the total or partial loss of the cargo, given that the amount to be reimbursed is determined on the basis of the value of the cargo at the place and at the time of accepting it for transportation. The amount of the amount cannot exceed the amount determined by the CMR Convention.

The “Company”, acting as a customer, is liable for losses caused to its “Agent” by improper performance of this contract in the amount of lost profits incurred by the “Agent”.

5. PROCEDURE FOR CONSIDERATION OF CLAIMS

Claims arising under this agreement are considered only if and in accordance with the signed instruction, which is Appendix No. 5:

a) signed by both parties to this agreement;

b) applications in the prescribed form and signed by responsible persons from both parties.

Claims must be submitted in writing within 3 days from the moment the grounds for their presentation arise.

The party that received the claim is obliged to consider it and respond on the merits of the claim (confirm consent to full or partial satisfaction of it or report full or partial refusal to satisfy it) no later than 2 weeks from the date of receipt of the claim.

The parties will not mutually make claims, the amount of claims for each of which does not exceed 100 US dollars.

ARBITRATION AND FORCE MAJEURE

The Parties are liable for non-fulfillment or improper fulfillment of their obligations under this agreement in accordance with applicable law.

This agreement is subject to the law of the Russian Federation and is interpreted in accordance with it, and any disputes arising under this agreement are subject to consideration in the Arbitration Court in Moscow in accordance with the Rules established by it. A party has the right to elect a judge from both the list of judges and any other qualified lawyer.

The parties are released from liability for partial or complete failure to fulfill obligations under the contract, if such failure is caused by the occurrence of force majeure circumstances.

In the event of force majeure circumstances for either party, the "Company" and "Agent" undertake to notify the other party of the impossibility of fulfilling obligations under this agreement within 3 days after the occurrence of force majeure circumstances. If these circumstances continue for more than 1 month, then each of the parties will have the right to refuse further fulfillment of obligations under this agreement, and none of the parties will demand compensation for possible losses from the other party.

OTHER CONDITIONS

This agreement comes into force from the moment of signing and will be valid until “____”______________ 200__.

If none of the parties notifies the other party in writing about the termination of the agreement 30 days before the expiration of the agreement, its validity period will be automatically extended for each subsequent year.

This agreement contains all the terms of the agreement between the “Company” and the “Agent”. The parties acknowledge that there are no terms not present in this agreement.

All changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties.

Appendices No. ________ are an integral part of the contract.

Legal addresses

“COMPANY” “AGENT”

_________________________

_________________________

_________________________

Signatures of the parties

"COMPANY" _______________________

“AGENT” ____________________________

(signature) m.p.

(signature) m.p.

SUPPLEMENTARY AGREEMENT

on the rates applicable to mutual services under the feasibility study,

provided by “Agent” and “Company”

The parties agree that the "Agent" ensures the dispatch of goods of its own customers in the amount of at least ______________ during the quarter.

The “Company” provides a rate for the transportation of goods to the “Agent” corresponding to the price list (Appendix No. 4 of the contract for the feasibility study of foreign trade goods), in the column “________________________________”.

If the volumes of shipments are not fulfilled by the “Agent”, the “Company” reserves the right, within the last 5 banking days of the quarter, to recalculate the cost of the services provided at a price corresponding to the volume performed.

The “Agent” provides air transportation services for the “Company's” own clients at a price of _____________ US dollars per 1 kg. on the route ___________________________________________.

The cost of all additional services provided by the parties is determined by pre-approved price lists and other additional agreements.

“COMPANY” “AGENT”

(signature) m.p.

(signature) m.p.

Avchinkin D.V. International transportation. - Minsk, Amalfeya, 2003, p.47.

Dodonov V.N., Panov V.P., Rumyantsev O.G. International law. Dictionary reference. /Under the general editorship of Acad. MAI, Doctor of Law V.N. Trofimova. - M., 2001, p.165.

Calculated according to the "Statistics of Civil Aviation" for the corresponding years and according to ICAO forecasts for 1990-2004.

Lukashuk I.I. International law. General and Special part. M. -BEK., 2003, p.189.

Mezentsev A.V. modern international legal issues of air traffic control // Moscow Journal of International Law. 2001. No. 2, p. 22.

Mezentsev A.V. modern international legal issues of air traffic control // Moscow Journal of International Law. 2001. No. 2, p. 23.

Sukhova L.F. Transport service international economic relations. - Almaty: Cossack university, 2002, p.153.

International business in Russia N3. 1999 p.42

International business in Russia N3. 1999 p.42

Civil aviation was originally used to transport mail. When, on August 25, 1919, passenger and cargo transportation began along the first international air line London - Paris on a bomber adapted for this purpose, and then along the Brussels - Paris line, their volumes were very insignificant, and few foresaw that even during the life of one generation aviation will take such a responsible place in the international transport system.

The use of airspace is on the way to the formation of a market for services, in particular, for commercial transportation, scientific research, exploration of natural resources, aerial photography, and agricultural work.

In the international market for air transportation services, there is a fierce competition with the participation of states and large airlines.

Air transportation on your own legal status subdivided into scheduled and non-scheduled services.

Regular transportation over or within the territory of the state, according to the Chicago Convention on International Civil Aviation of 1944 (160 participating countries, the Russian Federation has been participating since 1970), is allowed only with special permission from the state.

Irregular transportation is divided into:

a) transportation with the exercise of commercial rights; such transportations also require the mandatory permission of the respective state;

b) transportation without exercising commercial rights; such transportation is carried out on the basis of a simplified procedure (by air traffic control clearance, etc.).

The facilitated procedure for permits for non-scheduled services is applied by the parties to the Paris Multilateral Agreement on Commercial Rights for Non-Scheduled Air Services in Europe, 1956.

International flights for non-commercial purposes are performed in limited cases. These are official visits by state and other figures on aircraft specially designed for this purpose, flights by owners on aircraft belonging to them, sports flights and flights for scientific purposes.

The issue of commercial rights in international air transport is a major issue in international air services. As the international practice of the post-war years shows, it is precisely the question of the volume commercial activities on the territory of a foreign state causes significant contradictions between the major aviation powers and their airlines.

Commercial rights in international air transport are understood as allowing airlines to carry out air transportation of passengers, baggage, cargo and mail for remuneration.

The general right to conduct business is divided into corresponding categories called "freedoms of the air," a term first used in the Chicago International Air Transport Agreement of 1944.

The first "freedom of air" is the right to carry out a transit flight without landing in the territory of the state granting this right,

In this case, we are talking about the passage of the territory of the relevant state without the use of any commercial rights in this territory. And the Kyrgyz agency "Aba-Zholdoru" widely implements the right of the first "freedom of the air", especially during flights related to crossing the territory of a number of countries.

Theoretical works initial stage developments in international transportation relate mainly to the justification of "freedoms of the air" not in the commercial sense of this concept, but in the sense of the right to fly.

The second "freedom of the air" is the right to carry out a transit flight through a foreign territory with a landing in this territory for non-commercial purposes, i.e. without the right to unload or take on board passengers, mail and cargo. Such a landing may, for example, be required for refueling, repairs, technical inspections, etc.

The second freedom of the air, like the first, does not provide for the implementation of commercial activities on the territory of the corresponding state. Therefore, they are primarily of an auxiliary nature. “The first two “freedoms of the air” do not create the right to carry out transportation in the truest sense of the word, but only create conditions for the use of the next three “freedoms,” writes Canadian lawyer Khamaypel Haanappel P.S. Annals of Air and Space Law. V.I.R. 69.

The third “freedom of the air” is the right to disembark passengers on foreign territory and unload cargo and mail taken on board an aircraft in the territory of the state whose nationality the aircraft has.

The fourth “freedom of the air”, as formulated in the 1944 International Air Transport Agreement, is the right to receive on the territory of passengers traveling to the territory of the state whose nationality the aircraft has, as well as cargo and mail addressed there.

The third and fourth "freedoms of the air" provide for the organization of air transportation between partner countries under the agreement.

Thus, the first four "freedoms of air" ensure the performance of transportation between countries - parties to the relevant agreement, including the transit flight of countries lying on the route of flights. In this regard, some authors call them basic (basic) freedoms See for example: Lovenfeld A.F. cab. KLM Bermuda at Bay // Air Law, 1975. P. 15. in contrast to the fifth "freedom" - "universal cabotage".

The fifth “freedom of the air” is the right to receive on foreign territory passengers traveling to the territory of any third state, as well as cargo and mail addressed there, and the right to disembark passengers and unload cargo and mail coming from any such territory in a partner country. agreement.

As can be seen from this definition, the fifth "freedom" is a fundamentally different, in comparison with the third and fourth "freedoms", the right to commercial activity. In accordance with the fifth "freedom", it is possible to carry out air transportation on sections of the route between third countries and the country - a partner in the agreement. For example, in accordance with the Russian-French agreement on air communication. Aeroflot, when flying on the Moscow - Paris - New York route, can carry out transportation between Paris and New York, and Air France, on flights on the Paris - Moscow - Tokyo route, can operate between Moscow and Tokyo.

In practice, a “cut down” fifth freedom is sometimes used, the so-called “stopover” (stopover) - a stop on the route with the right to further transport passengers who have made a stop, but without the right to transport passengers for whom this point is the point of departure. A distinction is made between a stopover on the route and off the route.

Stop-over en-route is the right of an airline to carry a passenger with a stopover at an intermediate landing point where such a right has been granted to this airline. The stop can be made for an indefinite period (but not more than a year, during which the validity of the ticket is maintained). After the stop, the transportation can be continued by the same airline to the final destination. A ticket for such transportation must be issued in advance before departure from the point of departure. For example, the CAG airline, having the right to stop over in Tashkent, can bring a passenger to Tashkent, where he will make a stop for several days, after which he can continue the flight by CAG aircraft to the final destination of his trip. At the same time, CAG cannot transport passengers for whom Tashkent is the destination or departure point, since this would already be the right of the fifth “freedom”, and not a stop-over.

An off-route stop-over is used in different versions, but its main difference from a stop-over on the route is that the passenger can be transported to the point where such a right is granted, and from this point, by different carriers, and not by the same , as with a stop over on the route. For example, the Italian airline Alitalia has the right to stop-over outside the route in Moscow when flying to Tokyo, with the proviso that the delivery of such passengers to Moscow must be carried out by the Russian airline. Without forming an independent "freedom of air", the right to stop-over, at the same time, gives certain advantages to the carrier. This right is especially widely used when transporting tourists, stopping on the way, for which it means the opportunity to visit another country. Because the Fifth Freedom of the Air includes more rights than a stopover, airlines using this freedom can operate both en-route and off-route stop-over operations without special permission.

The sixth "freedom of the air" is the right to transport passengers, cargo and mail between third countries, bypassing the territory of the state whose nationality the aircraft has.

The seventh "freedom of the air" is the right to transport passengers, cargo and mail between third countries, bypassing the territory of the state whose nationality the aircraft has.

The eighth "freedom of the air" is cabotage, i.e., air transportation between points located on the territory of the same state.

In connection with the changes that took place in the 90s in the legal regulation of air transport in the regions of the European Union, the eighth "air freedom" was divided into the eighth and ninth, which were previously combined into one - cabotage. The ninth "freedom of the air" is an internal transportation performed along a route passing exclusively through the territory of the state granting this right.

The legal regulation of air communications is carried out through bilateral intergovernmental agreements on air communications, in which much attention is paid to the regulation of traffic volumes. The determining factors of traffic volumes include the frequency of aircraft movement on contractual lines, the types of aircraft in operation, and their capacity. Another important provision contained in the agreements currently in force is the tariff provision. Most agreements contain a definition of the term "tariff".

A significant number of bilateral intergovernmental agreements on air communications have made the issue of regulating such communications on the basis of a single (model) multilateral agreement relevant. This issue was discussed at the ICAO World Air Transport Conference (November - December 1994). However, no unequivocal decision was made in favor of the adoption of multilateral regulation of air services.

Legal regulation of air communications is carried out through bilateral agreements on air transport. The agreements are concluded according to the model contained in two standard drafts: Chicago and Strasbourg, developed respectively in 1944 and 1959.

Within the framework of the UN, during this period, resolutions were repeatedly adopted, which emphasized that international civil aviation is a vital link in the development and maintenance of friendly relations between states, and its safe and normal functioning meets the interests of all peoples. These documents include UN General Assembly resolutions 2551 of December 12, 1969 and 2645 of November 25, 1970, as well as UN Security Council resolution 286 of September 9, 1970. They contain an important call to states to take all necessary measures to to prevent any acts of unlawful interference in the activities of civil aviation, as well as to punish the persons who commit them. Similar calls are contained in the decision of the UN Security Council of June 20, 1972 (S/10705), which, among other things, calls on states to expand and intensify joint international efforts and measures in accordance with obligations under the UN Charter in order to ensure maximum security and reliability of international civil aviation. Of course, any such measures should not violate the generally recognized principles of international law and the provisions of the UN Charter. This kind of violation, which caused the convening of a special meeting of the UN Security Council, took place during the unilateral action of Israel in July 1976, which launched an armed attack on the Ugandan Entebbe airport in connection with the hijacking of an aircraft that landed at this airport. The discussion of the UN Security Council showed that most states consider such "retaliatory" actions as acts of deliberate aggression against a sovereign state. It is regrettable that a number Western countries, in an effort to prevent public condemnation of Israel's actions, effectively thwarted the adoption by the Security Council of a resolution that would give a correct assessment of such illegal "measures to combat" acts of unlawful interference New York Times, 1977. Nov. 6..

I also consider it necessary to consider air transportation of certain categories of persons and goods.

ACPR 20 approved by the Ministry of Transport and Communications of the Kyrgyz Republic on July 1, 2009 determine legal framework air transportation of certain categories of persons

Transportation of children. These rules determine that each passenger has the right to carry free of charge one child not older than 5 (five) years for domestic flights, and not older than 2 (two) years - for international flights. Each child over 5 (five) years old is provided with a separate seat. When transporting a child without providing a separate seat, the responsibility for the safety of such a child rests with the person with whom this child is traveling, unless such responsibility is assigned to the air carrier by the air transportation agreement. Such a child must be accompanied by parents or, with the permission of the air carrier, by an adult passenger. Also, children can be transported unaccompanied. Unaccompanied children (age determined by the air carrier) can be transported under the supervision of the air carrier only after the parents, adoptive parents, guardians or custodians, in accordance with the rules of the air carrier, issue a written application for the transportation of an unaccompanied child. At the request of parents, adoptive parents, guardians or custodians, carriage under the supervision of an air carrier may be extended to children under the age of sixteen years.

Transportation of disabled and sick passengers. When transporting a sick or disabled passenger, the air carrier must be provided with a medical certificate signed by a doctor, containing permission for his transportation by air, and also specifying special requirements for the conditions of transportation of such a passenger, before the start of the flight. Transportation of a disabled or sick person is carried out on the condition that the air carrier does not bear any responsibility to the passenger for its consequences for him, which is certified by the passenger's warranty obligation. After checking in a sick passenger/handicapped person for a flight, the air carrier must notify ground personnel at transit, transfer and destination points of the presence of a sick passenger/handicapped person on board the aircraft. Transportation of a patient on a stretcher is carried out with the provision of additional seats on the aircraft with payment established by the air carrier..5. The air carrier has the right to refuse transportation of a sick passenger on a stretcher if the aircraft does not have the conditions necessary for the transportation of such passengers. For sick passengers and the disabled, medical preparations, a special chair / wheelchair are transported, with the permission of the air carrier, directly in the cabin of the aircraft. A passenger transported in a wheelchair is allowed to be transported with an accompanying person. There is no charge for wheelchair transportation. The air carrier shall notify the point of destination/transit/transfer of each wheelchair passenger on board, indicating the name and surname of such passenger, the location of the wheelchair and, if available, the electric batteries used on such wheelchairs.

Transportation of pregnant women. Transportation of pregnant women is subject to the condition that it is carried out no later than 4 weeks before the expected date of delivery, and if there is no risk of premature birth. Information confirmed by a medical report and an exchange card on the condition of a pregnant woman must be provided to the air carrier. Transportation of a pregnant woman is carried out on the condition that the air carrier does not bear any responsibility to the passenger for the consequences for her, which is certified by her warranty obligation.

Transportation of blind/deaf passengers. A blind or deaf passenger is transported accompanied by an adult passenger or a specially trained guide dog or without an accompanying person under the supervision of an air carrier, if such transportation is provided for by the rules of the air carrier. A blind/deaf passenger or a person who purchases an air ticket on behalf of such a passenger, when booking or purchasing an air ticket, informs the air carrier that a guide dog is accompanying the passenger. The air carrier takes all measures to provide all necessary assistance to a blind/deaf passenger during the carriage. A guide dog accompanying a blind/deaf passenger is transported free of charge. A guide dog is allowed for transportation if the passenger accompanied by such a dog has documents confirming the passenger's right to own or dispose of this dog, the dog is held by the passenger using a special collar, and the dog is wearing a special protective muzzle. A passenger with a guide dog is placed, as a rule, on the last seat of the passenger cabin, and during the flight is tied to the seat of the accompanying passenger.

Transportation of luggage.

When transporting checked baggage, a baggage check must be issued, which is evidence of the baggage check-in and the terms of the air carriage agreement. If the passenger presented baggage for transportation in more than was previously booked and paid for, such baggage is accepted for carriage only if there is free tonnage and the corresponding payment. Also, the luggage of a passenger who did not show up for boarding after check-in and the hand luggage of a transit passenger who did not show up for boarding are subject to removal from the aircraft and inspection, and the allowance and payment for checked baggage is determined by weight and is set in the relevant tariffs. The weight of one piece of baggage must not exceed the norm established by the air carrier.

When accepting baggage for transportation, the passenger is issued a baggage tag tear-off coupon for each piece of checked baggage. The tear-off coupon of the baggage tag is intended for baggage identification. After checking in the baggage, the air carrier assumes responsibility for the safety of the contents of the baggage, the integrity of the packaging and for its transportation. From the moment the checked baggage is handed over for transportation and until the moment it is issued, the passenger's access to the baggage is prohibited, except for cases of identification or additional inspection by the relevant services.

Each piece of checked baggage must be properly packaged to ensure its safety during transportation and handling and exclude the possibility of harm to passengers, crew members, third parties, damage to the aircraft, luggage of other passengers or other property. Baggage that has external damage that does not affect its safety during transportation and handling and cannot harm passengers, crew members, third parties, damage the aircraft, luggage of other passengers or other property, may be accepted for carriage as checked baggage with consent of the air carrier. In this case, the presence and type of damage are confirmed by the signature of the passenger.

Baggage, weight, number of pieces, size, packaging or contents of which do not comply with the requirements of international treaties of the Kyrgyz Republic, these Rules, other regulatory legal acts, is not allowed for transportation. Carriage of cargo/luggage is paid according to their actual weight, including the weight of the container or package of cargo/luggage . At the request of a group of passengers or with the consent of the latter, the air carrier may apply the total free baggage allowance.

The free baggage allowance is established by the rules of the air carrier for one passenger over 2 years old, and, as a rule, for each type, class and type of aircraft and class of service. The free baggage allowance is communicated by the air carrier to the passenger when booking a seat or selling an air ticket, and/or indicated on the air ticket.

Carriage of cargo/luggage is paid according to their actual weight, including the weight of the container or package of the cargo/luggage. At the request of a group of passengers or with the consent of the latter, the air carrier may apply the total free baggage allowance.

Luggage is transported in ordinary suitcases, bags, baskets, packages, boxes, bundles and other similar containers with a carrying handle. Luggage, if necessary, is tied with a solid and strong rope, cord, belt or other similar device. The container locks are intact and properly closed. Suitcases, bags, briefcases, baskets that do not have locks must be specially packed and protected from access to the contents.

The packaging of checked baggage must ensure the safety of the contents under normal handling measures during all operations during transportation. Each item checked in as checked baggage must be individually wrapped. It is prohibited to combine two or more things with separate packages in one place.

Items in shopping bags, for transportation as checked baggage, are accepted only in special packaging. The air carrier has the right to refuse to accept checked baggage if the baggage is not in a package that ensures its safety during transportation. The passenger is recommended to have on each piece of baggage an identifying mark with the name and address of the passenger inside and outside.

The passenger receives his checked baggage immediately after the air carrier presents it for collection at the destination. Checked baggage is issued to the passenger who bears the baggage tag. Receipt of baggage without registration of its malfunction by an act does not deprive the owner of the baggage of the right to file a claim and claim against the air carrier, if it is proved that officials the air carrier refused to draw up an act.

Unlike other modes of transport, passengers occupy the first place in air transport. Air transport is widely used for the transportation of urgent, perishable valuable and other goods, baggage and mail.

Aviation has certain advantages over other modes of transport. The most important of them are: high speed of movement of passengers and goods; shortening the path, which has a significant impact on saving time for the delivery of passengers and goods; the speed of organizing air traffic; high maneuverability and adaptability of air transport to various objects of transportation, to their seasonal fluctuations.

International air transport is regulated mainly by the Convention on International Civil Aviation of 1944, the Convention for the Unification of Certain Rules Concerning International Air Transport of 1929 (Warsaw Convention), bilateral treaties of the Russian Federation and the national legislation of states.

According to Art. 6 of the 1944 Convention, no scheduled international air services may be carried out over the territory or into the territory of the States Parties, except with the special permission or other authorization of that State and in accordance with the terms of such permission or authorization.

The 1944 Convention distinguishes the following types of air services: regular, irregular, cabotage. Permissive order is established for regular messages. Non-scheduled flights for commercial purposes are also permissive. Coastal transportation is carried out within the territory of the state.

The 1944 Convention does not prevent two or more states from establishing joint air transport organizations or international operating agencies and pooling their air services on any routes and in any areas (Article 77). The legal conditions for the international carriage of goods and passengers are determined by the Warsaw Convention of 1929 (supplemented by the Hague Protocol of 1955).

The contract of carriage is drawn up for passengers by drawing up a travel ticket, baggage - a baggage receipt, cargo - an air waybill. Each consignment note must be executed in three original copies and handed over together with the cargo. The first copy is intended for the carrier and signed by the consignor, the second is intended for the consignee, signed by the consignor and accompanies the cargo, and the third is signed by the carrier and handed over to the consignor after the cargo is accepted for transportation.

The air waybill must include the following data: place and date of the air document; place of dispatch and delivery; agreed stopping places; name and address of the consignor; name and address of the first carrier; name and address of the consignee; the nature of the cargo; number of places, packing method, features of marking or numbers on places; weight, quantity, volume and dimensions of the goods; statement that the carriage is in accordance with the rules relating to liability under the 1929 Convention.

Unless otherwise stated in the air waybill, the shipper and the consignee have the following rights: the shipper may dispose of the cargo before it is delivered to the consignee if he presents his copy of the air waybill to the carrier and pays all related costs; can secure rights on its own behalf, even if it acts in the interests of another person, subject to the fulfillment of all obligations under the contract of carriage; the consignee has the right to require the carrier to hand over the goods and the air waybill upon their arrival at their destination and the payment of the relevant fees, as well as the fulfillment of other conditions specified in the waybill; enforce the rights on his own behalf, even acting in the interests of another person, subject to the fulfillment of all obligations by the shipper under the contract of carriage.

For most international flights (including international legs), liability for loss, damage or delay is limited to approximately US$9.07 per pound (US$20 per kg) checked baggage and US$400 per passenger's unchecked baggage .

Value added baggage can be claimed for certain types of items (eg fragile, valuable and perishable items).

In May 1999, the Montreal Convention was adopted to unify certain rules for international air transportation. The Convention will enter into force when 30 states have ratified it. It clarifies: the concept of air transport, the obligations of the parties, the limits of liability in the SDR, the jurisdiction for resolving disputes, etc. The Montreal Convention applies to any international transportation of people, baggage or cargo carried out for remuneration by means of an aircraft. It also applies to free transportation by aircraft to air carriers. In accordance with Art. 1 of the Convention, international carriage is any carriage in which the place of departure and the place of destination, whether or not there is an interruption in carriage or transshipment, are located either on the territory of two States Parties or on the territory of the same State Party.

When transporting cargo, an air waybill is issued. Instead of an air waybill, any other means that keeps a record of the forthcoming transportation (for example, a receipt for cargo) can be used.

According to Art. 18 of the Convention, the carrier is liable for damage that occurred in the event of destruction, loss or damage to the goods, only on condition that the event that caused such damage occurred during carriage by air. The carrier is liable for damage resulting from a delay in the carriage of passengers, baggage or cargo by air.

In the event of damage caused during the carriage of persons as a result of a delay in the carriage of passengers by air, the liability of the carrier in respect of each passenger is limited to the amount of 4150 SDR units.

In the carriage of baggage, the liability of the carrier in case of destruction, loss, damage or delay is limited to 1,000 SDRs in respect of each passenger. In the carriage of goods, the carrier's liability for destruction, loss, damage or delay is limited to 17 SDRs per kilogram.

Ch. is devoted to questions of the international air transportations. XV Air Code of the Russian Federation of 1997 (VK RF). According to Art. 100 of the Civil Code of the Russian Federation, a carrier is an operator that has a license to carry out air transportation of passengers, baggage, cargo or mail on the basis of air transportation agreements.

International air transportation is considered to be air transportation, in which the point of departure and the point of destination are located: a) respectively on the territories of two states; b) on the territory of one state, if the point (points) of landing on the territory of another state is provided.

Under the contract for the carriage of goods by air, the carrier undertakes to deliver the cargo entrusted to him by the consignor to the destination and issue it to the person authorized to receive the cargo (consignee), and the consignor undertakes to pay for air transportation.

The contract for the carriage of a passenger by air, the contract for the carriage of goods by air or the contract for the carriage of mail by air shall be certified by a ticket, a baggage check, a freight or postal bill, respectively.

In Art. 107 of the Civil Code of the Russian Federation lists in detail the grounds for termination, at the initiative of the carrier, of the validity of the contract for the carriage of passengers by air and the contract for air reloading of cargo. In particular, these contracts may be terminated in the event of a violation by a passenger, cargo owner, consignor of passport, customs, sanitary and other requirements established by the legislation of the Russian Federation in terms of air transportation, in international air transportation also by the rules determined by the relevant authorities of the state of departure, destination or transit . The basis for the termination of the contractual air transportation of a passenger is the presence in the things that are with the passenger, as well as in the baggage, cargo of objects or substances prohibited for air transportation.

In turn, the passenger of the aircraft has the right to refuse the flight by notifying the carrier no later than 24 hours before the departure of the aircraft.

The carrier is liable to the passenger of the aircraft and the cargo owner in the manner prescribed by the legislation of the Russian Federation, international treaties of the Russian Federation, as well as the contract for the air carriage of a passenger, cargo or mail,

In case of violation of the air transportation agreement, at the request of the passenger, consignor or consignee and upon presentation of transportation documents by one of them, the carrier is obliged to draw up a commercial act. The last to verify the circumstances that may serve as the basis for the property liability of the carrier, passenger, consignor or consignee.

In case of damage (damage) to baggage or cargo during international air transportation, the person entitled to receive it, upon detection of damage, must notify the carrier in writing no later than 7 days from the date of receipt of the baggage and no later than 14 days from the day receiving cargo.

In case of delay in the delivery of baggage or cargo, a claim must be submitted within 21 days from the day the baggage or cargo was transferred to the person entitled to receive it.

In case of loss of baggage, cargo or mail, a claim against the carrier may be filed within 18 months from the day the aircraft arrived at the airport of destination, from the day the aircraft was supposed to arrive, or from the day the air transportation was terminated.

For harm caused to life or health or property of an aircraft passenger during air transportation, the owner of the aircraft is liable in the amount provided for by the civil legislation of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation.

Issues of regulation of international air transportation are also reflected in bilateral agreements of the Russian Federation. For example, the 1996 Agreement between the governments of the Russian Federation and the Kyrgyz Republic on air traffic and cooperation in the field of air transport states that commercial issues relating to aircraft flights and the transportation of passengers, cargo and mail on contractual lines will be resolved by agreement between the designated airlines and submitted for approval to the aviation authorities of the contracting parties. Fares on any contracted route must be set at a reasonable level, taking into account all relevant factors, including operating costs, reasonable profits and other airlines' fares for any part of the established route.

The main document regulating the use of international and national airspace is the Convention on International Civil Aviation (Chicago, December 7, 1944). The Convention established the general rules for the operation of civil aviation in the implementation international communications; categories of international flights (regular and non-scheduled); defined the concept of international flights and air routes. Regular flights of aircraft engaged in international flights are carried out along air routes, the passage of which is stipulated in international agreements on air traffic. The main purpose of the Chicago Convention is legal regulation international air communications and commercial activities. The Convention enshrines the list of commercial freedoms of the air. The International Civil Aviation Organization (ICAO) was created on the basis of the Convention. Within the framework of ICAO, international aviation regulations are being developed.

International air transportation of goods is transportation in which the place of departure and destination are located either on the territory of two states, or on the territory of one state, but stops are provided on the territory of another state. The main forms of organizing the transportation of goods by air:

- mixed cargo (passenger-freight) transportation;

– special freight (separate freight) transportation.

Mixed cargo (passenger-cargo) transportation is divided into cargo transportation in special cargo compartments of passenger aircraft and cargo transportation in convertible cargo-passenger aircraft. The most urgent and valuable cargoes are transported in the cargo compartments of passenger aircraft.

Transportation of goods on specially equipped aircraft is carried out by regular and charter cargo flights. Scheduled flights are flights operated in accordance with the published schedule on contracted airlines. Carriage of goods by regular cargo flights is carried out by special cargo airlines. Transportation on cargo airlines is regulated by intergovernmental agreements on air traffic and commercial agreements between airlines operating contractual airlines. Charter flights are flights operated for the carriage of goods in accordance with a special contract between the carrier and the customer. Each charter flight is carried out with the special permission of the competent authorities of the respective country. Charter flights entered the practice of world airlines in the early 60s. 20th century

In accordance with the terms of the contract, the customer charters the capacity of the aircraft for certain sections of transportation and under certain conditions. The contract can be concluded both for individual flights (one-time transportation of goods), and for a series of flights for the purpose of transportation ("charter chain"). The contract may also provide for a time charter.

The Convention on the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, October 12, 1929) (hereinafter referred to as the Warsaw Convention of 1929) is the basis for the legal regulation of international air transportation. Agreements supplementing the Warsaw Convention: The Hague Protocol (1955) (considered an integral part of the Warsaw Convention), Guatemala Protocol amending the Warsaw Convention (1971), Guadalajara Convention for the Unification of Certain Rules Relating to International Carriage by Air (1961) ), Montreal Protocol (1975), Montreal Interim Airline Agreement (1966), Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, May 28, 1999). The norms of these agreements as a whole constitute the Warsaw Air Transport Regulation System.

The Warsaw Convention of 1929 is the primary international legal source of international air transport law. International air transportation is transportation in which at least one of the landing points is located on the territory of another state. Scope of the Warsaw Convention: transportation of goods, passengers, baggage, combined transportation. The Convention does not apply to air transportation between States Parties and States not participating in it; does not apply to mail shipments. The document certifying the conclusion of a contract of carriage is an air waybill introduced by the Warsaw Convention.

The Warsaw Convention applies to air transport:

- the place of departure and the place of destination of which, regardless of the interruption in carriage, are located on the territory of two States Parties to the Convention;

- the place of departure and the place of destination of which are located in the territory of one state party to the Convention, but the stopover is provided for in the territory of another state, possibly not party to the Convention.

International air traffic uses transportation performed by several carriers in succession. From the point of view of the Warsaw Convention, such transportation is considered as a single one, regardless of how it is framed - by one or more contracts. In multimodal transport, the provisions of the Warsaw Convention shall apply only to the air part of the transport. By agreement of the parties, the terms and conditions relating to other types of transportation can be included in the air transportation document.

The Warsaw Convention establishes the rule of multiple jurisdictions (alternative international jurisdiction): a claim may be filed at the choice of the plaintiff in the competent court of any State Party; to the court at the place of residence of the carrier; at the location of the main department of his enterprise; at the location of the office that concluded the contract of carriage; to the court of destination. This norm has an imperative character - all agreements that change the rules on jurisdiction established in the Convention are invalid.

By virtue of a special agreement between the carrier and the passenger, the maximum amount of the carrier's liability may be increased; when transporting goods, an arbitration agreement may be concluded within the limits of the territorial competence of the courts established by the Convention. The Guatemalan Protocol of 1971 supplements the rules of jurisdiction for passenger aircraft: a claim can be brought at the passenger's place of residence if the carrier has its establishment there.

The Guatemalan Protocol (1971) establishes: the air carrier is liable regardless of fault (liability is excluded if the harm is caused by the passenger's health condition or his fault); the carrier's limit of liability has been increased by six times in comparison with the Hague Protocol (1955). National legislation may establish additional compensation for damage to passengers in case of harm to their health. The Guatemalan Protocol changed the provisions of the Warsaw Convention on Passenger Tickets and Conditions for the Carriage of Baggage. The Montreal Agreement (1999) clarifies the concept of air transport and establishes the limits of the carrier's liability in SDRs (special drawing rights).

The performance of regular flights on international air lines can be carried out on the basis of intergovernmental agreements on air traffic. For convenience of classification, it is customary to divide contractual lines into “air freedoms”. Freedom of the air consists in the right:

- to carry out a transit flight without landing in the territory of the state granting this right;

– fly over a foreign territory with a landing in this territory for non-commercial purposes (for refueling, repairs, Maintenance etc.) without the right to unload or take on board passengers, mail, cargo;

- disembark passengers on foreign territory and unload mail and cargo taken on board an aircraft in the territory of the state whose nationality the aircraft has;

- to receive on foreign territory passengers traveling to the territory of the state whose nationality the aircraft has, as well as mail and cargo addressed there;

- to receive in foreign territory passengers bound for the territory of any third country, as well as mail and cargo addressed there, and the right to disembark passengers and unload mail and cargo proceeding from any such territory;

– carry out transportation of passengers, mail and cargo between third countries through its territory;

- carry out transportation of passengers, mail and cargo between third countries, bypassing the territory of the state whose nationality the aircraft has.

The specific nature of air traffic creates difficulties in determining the applicable law and establishing jurisdiction. Basically, these issues are regulated by the unified substantive norms of international conventions. However, it is not uncommon for there to be a conflict of interest:

- when the carriage is connected with a state that is not a party to the Warsaw Convention of 1929;

– if issues arise that are not regulated in the Warsaw Convention System;

– if the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict bindings for air traffic, therefore, general conflict principles apply: the law of the carrier, the law of the court, the law of the flag. The law of the carrier in the law of international air transportation is traditionally understood - this is the law with which air traffic has the closest connection (the location of the party whose performance characterizes the contract of carriage). The law of the place of conclusion of the contract is understood as the law of the country where the first leg of the flight was started. The law of the sea has had a great influence on the legal regulation of air transportation - the law of the flag of the aircraft and the law of the state of its registration are applied.

Separate national codifications of PIL enshrined a special conflict of law regulation of the status of aircraft, property rights to aircraft and air transportation contracts (Articles 139-144 of the Law of Romania on PIL). The provisions of national law relating to flight routes and their safety in the airspace of a given State apply to all aircraft, regardless of their registration status, to the crew and passengers on board.

The law of the State of the aircraft's place of registration shall apply to legal facts and acts performed on board the aircraft if, by their very nature, they are governed by the law of the place where they are performed. The law of the state where the aircraft is registered governs:

- powers, competence and duties of the aircraft commander;

- a contract for the employment of the ship's crew, unless the parties have chosen another law;

6.1.4. International regulation of air transport

Flights over one's own territory are carried out in accordance with national laws and rights, flights over foreign territory and the high seas - in accordance with bilateral and multilateral agreements between the states concerned. Various international organizations are also involved in the regulation of air transportation.

The main international conventions governing air transport are:

Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention 1929). It is used in regular air communications.

Convention on International Civil Aviation (Chicago Convention 1944). Entered into force on April 4, 1947, after 26 states ratified it. The Chicago Convention established international organization civil aviation (ICAO).

Convention on the Unification of Certain Rules Concerning International Carriage by Air Performed by Persons Who Are Not Contract Carriers (Guadalajara Convention of 1961). Regulates transportation on leased aircraft, as well as other cases where the actual and contractual carriers do not coincide, and extends to such transportation the principles of limited liability established by the Warsaw Convention.

Convention on Compensation for Damage Caused by Foreign Aircraft to Third Parties on the Surface (Rome Convention 1952). Regulates issues of liability for damage caused by an aircraft or objects that have fallen from it, determines the limits of such liability depending on the maximum take-off weight of the aircraft.

Convention on Offenses and Certain Other Acts Committed on Board an Aircraft (Tokyo Convention, 1963).

Convention on the International Recognition of Rights in Aircraft, Seizure and Forced Sale of an Aircraft in Execution of a Court Decision.

Other multilateral agreements in the field of international air services are the Agreement on Transit by International Air Lines and the Agreement on International Air Transport. Both agreements, under which states on a reciprocal basis grant each other the rights of regular flights of civil aircraft through their airspace, were signed in Chicago in 1944.

States that have not signed these agreements grant each other the rights to operate regular flights on a bilateral basis.