Sea transportation agreement sample form. Drawing up a contract for the carriage of goods by sea

Introduction. 3

1. Contract of carriage. 5

1.1. The concept of a contract of carriage. 5

1.2. System of transportation contracts. 6

1.3. Types of transportation contracts. 7

1.4. Parties to the contract of carriage. 12

2. Specifics of contracts sea ​​transportation. 15

2.1. Contract for the carriage of goods by sea. 15

General provisions. 15

Delivery of the vessel and loading of cargo. 18

Bill of lading. 21

Execution of a sea carriage contract. 27

Termination of obligations under a contract for the carriage of goods by sea. 29

Unloading and delivery of cargo. 33

Responsibility of the carrier, shipper and charterer. 35

Trump cargo transportation. 43

Execution of a contract for the carriage of goods by sea. 46

2.2. Contract for the carriage of passengers by sea. 47

2.3. Contract for chartering a vessel for a time (time charter) 63

2.4. Contract for chartering a vessel without a crew (bareboat charter) 67

2.5. Vessel arrest. 72

2.6. Claims and lawsuits. Limitation of actions. 81

Claims and lawsuits. 81

Procedure for filing a claim. 87

3. Ship agency. 92

Conclusion. 102

List of sources used. 105

Introduction

Transport obligations are determined by the nature of the relationships arising in the process of transporting goods, passengers and luggage. The specificity of such relationships is that they mediate the sphere of services of an intangible (non-material) nature provided by the debtor to the creditor.

Transport obligations are an important component of the system of obligations for the provision of civil legal services. Obligations for the provision of services that directly affect the implementation of the transport process at its various stages are obligations in the field of transport activities for movement material assets, passengers, their luggage, forwarding services, towing ships and rafts, united by a common area economic activity and the features of its organization.

A transport obligation can be defined as an obligation by virtue of which one person - the carrier (operator) undertakes to perform in favor of another person - the consignor, consignee, passenger, owner of luggage or cargo luggage - certain legal or actual actions to provide transport services related to transportation, and the other person - to pay for the services provided in the amount established by law or by agreement of the parties.

In my diploma work we will talk about the contract of carriage by sea transport.

In particular, we will consider the contract for the carriage of goods by sea, the contract for the carriage of passengers by sea, some types of chartering of ships, which are also quite specific types contracts. We will also consider the arrest of the vessel, claims and actions brought under the contract of carriage by sea and agency of ships.

The object of the study is the laws relating to the contract of carriage by sea, mainly the Merchant Shipping Code of the Russian Federation, the Civil Code of the Russian Federation and other laws civil law related to the transportation of passengers and cargo.

The relevance of my work lies in the fact that the contract for the carriage of goods by sea and the contract for the carriage of passengers by sea are one of the unique types of transport contracts that are complex and of interest to lawyers, reflecting the specifics and customs of relations associated with maritime merchant shipping.

The international nature of merchant shipping has always been the main criterion in the creation of these maritime laws. The country's navy never left and could not leave market relations, regardless of the internal policy of development of industry and transport and state ownership of means of transport, which was prevalent. The maritime fleet, which occupied one of the leading positions in the world in terms of tonnage, participated in international transportation and was a worthy and reliable partner. High quality transport services depended not only on the good technical condition of the fleet and excellent training of the crews, but also on legal regulation all maritime activities.

Of course, the legislation in force in the USSR could not but affect some institutions of maritime law. State ownership of sea ​​vessels led to significant restrictions. For example, citizens could own ships with a capacity of no more than 10 registered tons, and ships carrying out sea transportation of goods and passengers were, as a rule, under the operational management of state shipping enterprises. The doctrine of immunity of state courts reigned supreme in the country, regardless of whether they carried out state, public functions or were used for commercial purposes, which, in turn, made it impossible for the country to participate in international treaties in which such immunity was not recognized. For decades, a dual approach was used: the immunity of state courts was officially declared and the possibility of their arrest for claims of a property nature without the consent of the government was denied, but in practice this doctrine was ignored not only by the partners of the shipping companies, but also by the shipping companies themselves.

The planned nature of cargo transportation entailed the creation of two types of norms in the Merchant Shipping Code: some applied to the relations between Soviet state, cooperative and public organizations, others - to relations with foreign partners. The scope of transparency standards for the transportation of goods in relations between domestic organizations was unjustifiably narrowed.

1. Contract of carriage

1.1. The concept of a contract of carriage

1. Transportation of goods, passengers and luggage is carried out on the basis of a contract of carriage.

2. General terms transportation is determined by transport charters and codes, other laws and rules issued in accordance with them.

The conditions for the transportation of goods, passengers and luggage by certain types of transport, as well as the responsibility of the parties for these transportations are determined by agreement of the parties, unless otherwise established by this Code, transport charters and codes, other laws and rules issued in accordance with them. (Article 784 of the Civil Code of the Russian Federation)

1. According to clause 1, the only legal basis for the carriage of goods, passengers and luggage is the contract of carriage, which must be certified by the appropriate written document (see clause 2 of Article 785 of the Civil Code and clause 2 of Article 786 of the Civil Code).

If there is a row common features the contract for the carriage of goods and the contract for the carriage of passengers and luggage have significant legal features, and the Civil Code establishes for them along with general standards also a number of special rules: on cargo - Art. 785, 791, 794, 797 Civil Code, passenger transportation - art. 786, 795, 800 GK. The contract for the carriage of goods, in turn, also has a number of varieties in rail and water transport.

2. By virtue of clause 2, the previously established system in transport is preserved legislative regulation: transport charters and codes for individual species transport, other laws and transportation rules issued in accordance with them. Currently in force in the Russian Federation: UZD 1964, UVVT 1955, VK 1983, KTM 1968 and UAT 1969. In the future, in accordance with clause 2 of Art. 784 of the Civil Code, all transport charters and codes must receive the status of federal laws.

The application of these acts is provided for in clause 8 of the Resolution of the Supreme Council of the Russian Federation on certain issues of application of USSR legislation on the territory of the Russian Federation dated March 3, 1993 (Vedomosti RSFSR, 1993, No. 11, Art. 393). All named transport charters and codes must now be applied taking into account the norms of Chapter. 40 GK.

3. Other basic laws containing rules on transportation are the Law of the Russian Federation on Federal railway transport 1995, Consumer Protection (Regarding Transport for Citizens) Act. Transportation regulations are also contained in a number of other laws of the Russian Federation.

Until the adoption of new laws of the Russian Federation, the Decrees of the Government of the USSR and the Russian Federation on transport issues continue to be applied, including: Regulations on the mutual responsibility of maritime transport and shippers during the transportation of export and import cargo, approved. Resolution of the Council of Ministers of the USSR of June 1, 1965 N 429 (SP USSR, 1965, N 14, Art. 105); Resolution of the Council of Ministers of the USSR of December 13, 1990 N 1274 “On measures to ensure the safety of imported cargo” (SP USSR, Dept. I, 1991, N 1, Art. 5).

4. Rules for transportation on certain types of transport in accordance with transport charters and codes are approved by the relevant transport ministries and published in periodic collections of transportation rules and tariffs (published for railway and sea transport), as well as in the form of collections of such rules, which are sometimes called tariffs or tariff guidelines.

Transportation rules are an important source of transport law. In development and addition transport regulations and codes they contain as provisions general(the procedure for presenting cargo for transportation and issuing it, preparing transport documentation), and special rules on the transportation of certain types of cargo (perishable, dangerous, in containers, etc.). The rules for the transportation of passengers and baggage are separately approved.

5. Paragraph 2 p. 2 art. 784 of the Civil Code begins with an indication that the conditions of transportation are determined by agreement of the parties. This formulation, reflecting the freedom of the contract in market conditions with the right of the parties to freely determine its terms (Article 421 of the Civil Code), in the field of transport activities has its own framework due to the characteristics of transport (mass of operations, unity of transport - technological processes, security interests).

An agreement between the parties on the conditions of transportation is possible if the norms of transport law give clients the right to choose between certain conditions of transportation (for example, choosing the type of shipment, the speed of the cargo delivered, etc.) or are of a dispositive nature. Most of the norms of transport law, especially in railway and air transport, are imperative in nature, which is due to the transport and technological features of transport and the interests of transportation safety.

In accordance with maritime legislation Russian Federation There are two legal regimes:

• - one - for sea transport between Russian ports (cabotage);
• - another - for transportation in foreign traffic.

The main difference between them lies in the importance attached to the will of the parties to the contract of carriage by sea. If for cabotage the norms contained in the Trade Code of the Russian Federation are recognized as imperative, then for overseas navigation most of these norms are dispositive.

Chapter VIII of the Merchant Shipping Code of the Russian Federation of 1999 (MCM RF) is devoted to the contract for the carriage of cargo by sea. In accordance with Art. 115 under a contract for the carriage of cargo by sea, the carrier undertakes to deliver the cargo that the sender has transferred or will transfer to him, to the port of destination and hand it over to the person authorized to receive the cargo (recipient), the sender or charterer undertakes to pay the established fee for the carriage of cargo (freight).

A contract for the carriage of goods by sea can be concluded:

• 1) with the condition that the entire ship, part of it or certain ship premises are provided for sea transportation of cargo (charter);
• 2) without such a condition.

The carrier is the person who has entered into an agreement for the carriage of goods by sea with the sender or charterer or on whose behalf such an agreement has been concluded.

According to Art. 116 of the Code of Labor Code of the Russian Federation, the rules established by Chapter VIII apply unless otherwise established by agreement of the parties. However, in cases expressly stated in the chapter, an agreement of the parties that does not comply with the rules established by the chapter is void.

For example, the requirement for a mandatory written form of a contract for the carriage of goods by sea is imperative, and the parties do not have the right to deviate from it.

When carrying out systematic sea transportation of goods, the carrier and the cargo owner can enter into long-term agreements on the organization of sea transportation of goods.

When concluding a long-term agreement on the organization of sea transportation of goods, the transportation of a specific consignment of cargo is carried out in accordance with the agreement for the carriage of goods by sea, concluded on the basis of such a long-term agreement.

The conditions for the transportation of goods agreed upon in a long-term agreement on the organization of sea transportation of goods are considered included in the contract for the carriage of goods by sea, unless the parties reach an agreement otherwise.

If the terms of the contract for the carriage of goods by sea contradict the terms of the long-term contract for the organization of carriage of goods by sea, the terms of the contract for the carriage of goods by sea are applied.

The terms of a long-term agreement on the organization of maritime transportation of goods that are not included in the bill of lading are not binding on a third party if it is not the charterer.

Many articles of the KTM of the Russian Federation repeat the norms international legislation. As for charters, here, as in international practice, great importance have charter forms established in commercial shipping. International organizations Previously, attempts were made to standardize and unify charter transportation. However, there is as yet no awareness that such measures are necessary. The only thing that is needed now is the unification of some terms used in charters. Despite this, there are special articles in the Russian Federation's Code of Transport and Communications dedicated to charter. Thus, Article 120, Code of Labor Code of the Russian Federation, regulates the content of the charter: the charter must contain the names of the parties, the amount of freight, designation of the vessel and cargo, place of loading, destination or direction of the cargo. Other conditions and clauses may be included in the charter by agreement of the parties.

One of the features of Russian maritime law is the obligation for the carrier to issue a bill of lading to the sender in coastal shipping.

In the norms of the majority foreign countries, as well as the conventions of 1924 and 1978, the carrier is obliged to issue a bill of lading “at the request of the sender,” which makes it possible to use other documents, which, in turn, are evidence of the conclusion of a contract for maritime carriage and acceptance of cargo by the carrier. However, in the KTM of the Russian Federation this requirement is closer to international standards.

In accordance with Article 142 of the Code of Labor Code of the Russian Federation, a bill of lading must be issued at the request of the sender. In addition, other documents may be used in lieu of a bill of lading, including an "on-board bill of lading" which, in addition to the details required for a simple bill of lading, must state that the goods are on board a specified vessel or vessels and must also state the date or loading date. Article 144 of the Code of Labor Code of the Russian Federation provides requirements for the contents of the bill of lading, namely:

• 1. name of the carrier and its location;
• 2. name of the port of loading according to the contract for the carriage of goods by sea and the date of acceptance of the goods by the carrier at the port of loading;
• 3. name of the sender and his location;
• 4. name of the port of unloading according to the contract for the carriage of goods by sea;
• 5. name of the recipient, if specified by the sender;
• 6. name of the cargo;
• 7. external condition of the cargo and its packaging;
• 8. freight in the amount payable by the recipient, or other indication that freight is payable by him;
• 9. time and place of issue of the bill of lading;
• 10. number of originals of the bill of lading, if there are more than one;
• 11. signature of the carrier or a person acting on his behalf. 16

Consequently, the content of the bill of lading according to the Code of Labor and Trade of the Russian Federation fully complies with the international requirements applied to the bill of lading.

One of fundamental differences The current Code of the Russian Federation from the norms of many states and the 1978 Convention is the recognition as a basis for exemption from liability of the carrier (but only in foreign navigation) the presence of a “navigation error”, that is, omissions of the captain, other members of the ship’s crew and the pilot in navigation or control of the vessel. To be released from liability, the carrier must prove not only the presence of a navigation error, but also a causal connection between the failure of the cargo to be preserved and this error. If the reason that caused the navigation incident (grounding, collision, etc.) were circumstances for which the carrier must be legally responsible (unseaworthiness of the vessel at the time of departure, unreasonable deviation, etc.), then the subsequent navigation an error does not relieve the carrier from liability.

This provision puts the Russian sea carrier in more favorable conditions in relation to other cargo carriers. At the same time, this to some extent negatively affects the competitiveness of the Russian merchant fleet on the world market (despite the fact that this norm is not mandatory for transportation in foreign traffic, it will be applied unless otherwise provided by agreement of the parties).

This places the main burden on the carrier to prove his innocence. However, in paragraph 8 of the Code of Labor and Trade of the Russian Federation, the burden of proving the carrier’s guilt is placed on the plaintiff to a significant extent. more cases than the 1978 Convention does

The carrier is not responsible for loss or damage to cargo, as well as delay in its delivery, if he proves that the loss, damage or delay in its delivery occurred due to circumstances listed in the Merchant Shipping Code of the Russian Federation, including circumstances of force majeure, danger or accident on sea ​​and other navigable waters, fire not caused by the carrier, defects of the vessel that could not have been discovered by due diligence (hidden defects), etc.

Used for cabotage transportation next rule: “For loss, shortage or damage to cargo, the carrier is liable in the following amounts:

• - for loss and shortage of cargo - in the amount of the cost of the lost cargo;
• - for damage to the cargo - in the amount by which its value has decreased.

The carrier also returns the freight received by him if it is not included in the price of the lost or missing cargo.” The Code of Labor Code of the Russian Federation (Article 170) almost repeats the main provisions of Article 6 on the limits of liability specified in the 1978 Convention, with the exception of the maximum amount of liability for loss or damage to cargo, established in the Code at a lower level:

• 1. If the type and type of cargo, as well as the value of the cargo, were not declared by the sender before loading and were not included in the bill of lading, the carrier's liability for loss or damage to the cargo cannot exceed 666.67 units of account per package or other shipping unit or two units of account per kilogram of gross weight of lost or damaged cargo, whichever is higher.
• 2. The carrier’s liability for late delivery of cargo accepted for transportation cannot exceed the amount of freight payable under the contract for the carriage of cargo by sea.
• 3. The total amount to be reimbursed by the carrier cannot exceed the limit of liability that was established in accordance with paragraph 1 of this article for the complete loss of the cargo in respect of which such liability arose.”

The Merchant Shipping Code of the Russian Federation provides that gross negligence in the actions or inactions of the carrier are grounds for the loss of the latter’s right to limit liability.

The Merchant Shipping Code regulates the liability of agents and servants of the carrier, who are entitled to exercise the same rights in relation to exemption from liability as the carrier, and to which the rules on the loss of the right to limit liability are applied by analogy.

According to the Code of Labor Code of the Russian Federation, if transportation is carried out on the basis of a bill of lading, any condition in the contract for the carriage of goods by sea about releasing the carrier from liability or establishing a lower limit of liability than that provided by the Code is invalid.

This provision does not apply to agreements concluded regarding:

• - responsibility of the carrier from the moment of acceptance of the cargo until its loading on the ship and after unloading until its delivery;
• - transportation that, in accordance with the contract, is transported on deck;
• - transportation of certain goods under special conditions, when the nature and condition of the goods or the circumstances, terms and conditions under which transportation must be carried out justify the conclusion of a special agreement, unless in this case a bill of lading is issued and the agreed terms of transportation are included in a document that is not title to the goods and containing an indication of this

In addition to these norms, the RF Labor Code has introduced an imperative rule regarding the carrier, according to which the carrier is obliged, from the moment the cargo is accepted for transportation until its delivery, to properly and diligently load, process, stow, transport, store the transported cargo, take care of it and unload it. their.

This rule is quite natural; it comes from the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and justice.

Russian legislation approaches the distribution of liability between the carrier and cargo owners differently, depending on geographical characteristics transportation. If transportation is carried out between ports of the Russian Federation, then the carrier is assigned a greater volume of responsibilities for the safety of the cargo and more high level responsibility. For such transportation, the navigation error rule does not apply.

When transporting overseas, shipowners enjoy more preferential treatment.

• - Firstly, the parties to the contract have much greater freedom in determining the terms of the contract.
• - Secondly, the navigation error rule applies to such transportation.
• - Thirdly, the carrier's liability is limited.

All of the above allows us to conclude that the Merchant Shipping Code of the Russian Federation basically embodies all the norms of International Law.

1. The carrier undertakes to deliver the cargo that the Sender has transferred or will transfer to him, to the port of destination and hand it over to the person authorized to receive the cargo (hereinafter referred to as the Recipient), and the Sender ___________________ represented by __________________, acting on the basis of ____________________, undertakes to pay the established fee for the carriage of cargo (freight).

2. Conditions of cargo transportation:

Name of the vessel on which the transportation will be carried out: ________________________________.

Type and type of cargo: ______________________________________________.

Loading place: _______________________________________________.

Place of destination (or direction) of the vessel: _____________________.

Cargo transportation times:

The deadline for submitting the vessel for loading is ________________________________.

The deadline for the delivery of cargo at the port of arrival is ____________________________.

Cargo transportation route: _______________________________________.

Other conditions and reservations: _____________________________________________.

3. Freight and other payments:

The freight amount is _______ (___________) rubles.

Laytime (the period during which the Carrier provides a vessel for loading cargo and keeps it under loading cargo without additional payments to freight) _____ calendar days _____ hours ______ minutes.

Counterstay time ( Extra time waiting) _____ calendar days _____ hours ______ minutes.

The fee for counter-stay time is _______________________.

For delay of the vessel beyond the delay time, the Shipper is obliged to compensate the Carrier for damages in the amount of __________________, if the delay of the vessel occurred for reasons beyond the control of the Carrier.

4. Rights and obligations of the parties.

4.1. The carrier is obliged in advance, before the start of the voyage, to bring the vessel into a seaworthy condition: to ensure that the vessel is technically seaworthy, to properly equip the vessel, to staff it with a crew and to supply it with everything necessary, as well as to bring the holds and other premises of the vessel in which cargo is transported into condition ensuring proper reception, transportation and safety of cargo.

4.2. The Carrier is obliged to notify the Sender of the place of loading of the cargo if the loading of the cargo is carried out in a place of loading of cargo that is unusual for a given port.

4.3. From the moment the cargo is accepted for transportation until the moment it is released, the carrier must properly and diligently load, handle, stow, transport, store, care for, and unload the cargo.

4.4. If the cargo accepted for transportation, due to its properties, requires special handling and instructions about this are contained in the contract for the carriage of goods by sea and on the cargo packages, the Carrier must take care of the cargo in accordance with such instructions.

4.5. The carrier is obliged to deliver the cargo on time and on the route established by clause 2 of this agreement.

4.6. The sender is required to indicate a safe loading port. If the loading port is not specified by the charterer or is specified by him untimely, or a loading port is specified that is not safe, the Carrier has the right to refuse to fulfill the contract for the carriage of goods by sea and demand compensation for losses.

4.7. The shipper must indicate a safe and suitable place for loading the cargo, which the ship can reach without danger, in which it can remain afloat, and from which it can leave with the cargo. If the Sender indicates a place unsuitable for loading the cargo, or several Senders indicate different places loading of cargo, the Carrier may move the vessel to the place of cargo loading usually used in a given port. The shipper may request that the vessel be delivered to another cargo loading location at his expense.

5. Termination of obligations under the contract for the carriage of goods by sea.

5.1. Refusal of the Carrier to fulfill the contract for the carriage of goods by sea.

If the cost of the loaded cargo does not cover the freight and other expenses of the Carrier for the cargo and the Sender has not paid the full freight before the departure of the vessel and has not provided additional security, the Carrier has the right, before the vessel departs for the voyage, to refuse to fulfill the contract for the carriage of goods by sea and demand payment of one half full freight, in the presence of demurrage - demurrage fees and reimbursement of other expenses incurred by the Carrier at the expense of the cargo. Unloading of cargo is carried out at the expense of the Sender.

Additional security is provided in accordance with additional agreement which the parties undertake to conclude before _________________ and which will form an integral part of this agreement.

5.2. Refusal of the Sender to fulfill the contract for the carriage of goods by sea.

1. When providing the entire vessel for the transportation of goods, the Sender has the right to refuse to fulfill the contract for the carriage of goods by sea, subject to payment:

1). , depending on which of the indicated moments came first;

2) full freight, other amounts specified in subclause 1 of clause 5.2, if the Sender’s refusal occurred after one of the moments specified in subclause 1 of clause 5.2, and the contract for the carriage of goods by sea was concluded for one voyage;

3) full freight for the first voyage, other amounts specified in subclause 1 of clause 5.2, and one second freight for the remaining voyages, if the Sender’s refusal occurred after one of the moments specified in subclause 1 of clause 5.2, and the contract for the carriage of goods by sea was concluded for several flights.

If the Sender refuses to fulfill the contract for the carriage of goods by sea before the ship leaves for the voyage, the Carrier is obliged to release the cargo to the Sender, even if unloading the cargo may delay the ship for more than the established period.

If the Sender refuses to fulfill the contract for the carriage of goods by sea during the voyage, the Sender has the right to demand the release of the cargo only in the port where the ship must call in accordance with the contract for the carriage of goods by sea or entered due to necessity.

5.3. Refusal to fulfill the contract for the carriage of goods by sea by each of its parties.

1. Each party to a contract for the carriage of cargo by sea has the right to refuse to perform it without compensating the other party for losses if the following circumstances occur before the ship departs from the place where the cargo is loaded:

1) military or other actions that create a threat of seizure of a ship or cargo;

2) blockade of the place of departure or destination;

3) detention of a vessel by order of the relevant authorities for reasons beyond the control of the parties to the contract for the carriage of goods by sea;

4) attracting a vessel for state needs;

5) prohibition by the relevant authorities of the removal of goods intended for transportation from the place of departure or import of goods to the place of destination.

The circumstances provided for in paragraph. 4 and 6 of subclause 1 of clause 5.3 cannot serve as a basis for refusal to fulfill a contract for the carriage of goods by sea without compensating the other party for losses if the delay of the vessel is expected to be short-term.

If the circumstances provided for in subclause 1 of clause 5.3 occur, the Carrier does not bear the costs of unloading the cargo.

2. Each of the parties to the contract for the carriage of goods by sea has the right to refuse to perform it due to the occurrence of any of the circumstances provided for in subclause 1 of clause 5.3, also during the voyage. In this case, the Sender reimburses the Carrier for all costs of the cargo, including the costs of unloading it, as well as freight in an amount proportional to the distance actually traveled by the ship.

5.4. Termination of a contract for the carriage of goods by sea due to the impossibility of its execution.

1. A contract for the carriage of cargo by sea is terminated without the obligation of one party to the contract to compensate the other party to the contract for losses caused by termination of the contract, if after its conclusion and before the ship departs from the place where the cargo is loaded due to circumstances beyond the control of the parties:

the ship will perish or be forcibly captured;

the vessel will be declared unseaworthy;

the cargo, individually determined, will perish;

the cargo, defined by generic characteristics, will perish after it is handed over for loading and the sender will not have time to hand over another cargo for loading.

2. The contract for the carriage of goods by sea is terminated due to the circumstances specified in subclause 1 of clause 5.4 and during the voyage; in this case, the Carrier is due freight in an amount proportional to the distance actually traveled by the vessel, based on the amount of cargo salvaged and delivered.

6. Responsibility of the Carrier, shipper and charterer.

6.1. Carrier's responsibility:

1. The carrier is not liable for loss or damage to cargo accepted for transportation or for delay in its delivery if he proves that the loss, damage or delay occurred due to:

1) force majeure;

2) dangers or accidents at sea and in other navigable waters;

3) any measures to save people or reasonable measures to save property at sea;

4) a fire that was not caused by the Carrier;

5) actions or orders of the relevant authorities (detention, arrest, quarantine and others);

6) military actions and popular unrest;

7) actions or inactions of the Sender or recipient;

8) hidden defects of the cargo, its properties or natural loss;

9) defects in containers and packaging of cargo that are invisible in appearance;

10) insufficient or unclear marks;

11) strikes or other circumstances that caused suspension or restriction of work in whole or in part;

12) other circumstances that arose through no fault of the Carrier, its employees or agents.

2. The carrier is deemed to be late in delivering the cargo if the cargo is not released at the port of unloading, stipulated by the contract sea ​​transportation of cargo, within the period specified in paragraph 2 of this agreement.

3. A person who has the right to make a claim against the Carrier in connection with the loss of cargo may consider the cargo lost if the cargo is not released at the port of unloading to the person authorized to receive the cargo within thirty calendar days after the expiration of the period for the release of cargo established by paragraph 2 of this agreement .

4. The carrier is responsible for loss or damage to cargo accepted for transportation or for delay in its delivery from the moment the cargo is accepted for transportation until the moment it is released.

6.2. Responsibility of the Sender:

The Sender is liable for losses caused to the Carrier unless he proves that the losses were caused not through his fault or through the fault of the persons for whose actions or inactions he is responsible.

7. Disputes regarding the execution of this agreement are resolved through negotiations, and if no agreement is reached, in judicial procedure in accordance with the arbitration clause agreement, which is an integral part of this agreement.

8. This agreement comes into force from the moment of signing and is valid until ____________________________.

9. Legal addresses and signatures of the parties:

Carrier Sender Name: ______________________ Name: ______________________________ Address: _____________________________ Address: _____________________________ OGRN ________________________________ OGRN _______________________________ Taxpayer Identification Number ________________________________ Taxpayer Identification Number ________________________________ Checkpoint ________________________________ Checkpoint ________________________________ Account ________________________________ Account ________________________________ in __________________________________ in __________________________________ Account ________________________________ Account ________________________________ BIK ________________________________ BIK ________________________________ OKPO _______________________________ OKPO ________________________________ On behalf of the Carrier On behalf of the Sender ____________________ (__________) ____________________ (__________) M.P. M.P.

1. The carrier undertakes to deliver the cargo that the Sender has transferred or will transfer to him, to the port of destination and hand it over to the person authorized to receive the cargo (hereinafter referred to as the Recipient), and the Sender ___________________ represented by __________________, acting on the basis of ____________________, undertakes to pay the established fee for the carriage of cargo (freight).

2. Conditions of cargo transportation:

Name of the vessel on which the transportation will be carried out: ________________________________.

Type and type of cargo: ______________________________________________.

Loading place: _______________________________________________.

Place of destination (or direction) of the vessel: _____________________.

Cargo transportation times:

The deadline for submitting the vessel for loading is ________________________________.

The deadline for the delivery of cargo at the port of arrival is ____________________________.

Cargo transportation route: _______________________________________.

Other conditions and reservations: _____________________________________________.

3. Freight and other payments:

The freight amount is _______ (___________) rubles.

Laytime (the period during which the Carrier provides a vessel for loading cargo and keeps it under loading cargo without additional payments to freight) _____ calendar days _____ hours ______ minutes.

Counterstay time (additional waiting time) _____ calendar days _____ hours ______ minutes.

The fee for counter-stay time is _______________________.

For delay of the vessel beyond the delay time, the Shipper is obliged to compensate the Carrier for damages in the amount of __________________, if the delay of the vessel occurred for reasons beyond the control of the Carrier.

4. Rights and obligations of the parties.

4.1. The carrier is obliged in advance, before the start of the voyage, to bring the vessel into a seaworthy condition: to ensure that the vessel is technically seaworthy, to properly equip the vessel, to staff it with a crew and to supply it with everything necessary, as well as to bring the holds and other premises of the vessel in which cargo is transported into condition ensuring proper reception, transportation and safety of cargo.

4.2. The Carrier is obliged to notify the Sender of the place of loading of the cargo if the loading of the cargo is carried out in a place of loading of cargo that is unusual for a given port.

4.3. From the moment the cargo is accepted for transportation until the moment it is released, the carrier must properly and diligently load, handle, stow, transport, store, care for, and unload the cargo.

4.4. If the cargo accepted for transportation, due to its properties, requires special handling and instructions about this are contained in the contract for the carriage of goods by sea and on the cargo packages, the Carrier must take care of the cargo in accordance with such instructions.

4.5. The carrier is obliged to deliver the cargo on time and on the route established by clause 2 of this agreement.

4.6. The sender is required to indicate a safe loading port. If the loading port is not specified by the charterer or is specified by him untimely, or a loading port is specified that is not safe, the Carrier has the right to refuse to fulfill the contract for the carriage of goods by sea and demand compensation for losses.

4.7. The shipper must indicate a safe and suitable place for loading the cargo, which the ship can reach without danger, in which it can remain afloat, and from which it can leave with the cargo. If the Shipper indicates a place unsuitable for loading the cargo, or several Shippers indicate different places for loading the cargo, the Carrier may move the ship to the cargo loading place usually used in this port. The shipper may request that the vessel be delivered to another cargo loading location at his expense.

5. Termination of obligations under the contract for the carriage of goods by sea.

5.1. Refusal of the Carrier to fulfill the contract for the carriage of goods by sea.

If the cost of the loaded cargo does not cover the freight and other expenses of the Carrier for the cargo and the Sender has not paid the full freight before the departure of the vessel and has not provided additional security, the Carrier has the right, before the vessel departs for the voyage, to refuse to fulfill the contract for the carriage of goods by sea and demand payment of one half full freight, in the presence of demurrage - demurrage fees and reimbursement of other expenses incurred by the Carrier at the expense of the cargo. Unloading of cargo is carried out at the expense of the Sender.

Additional security is provided in accordance with an additional agreement, which the parties undertake to conclude before _________________ and which will form an integral part of this agreement.

5.2. Refusal of the Sender to fulfill the contract for the carriage of goods by sea.

1. When providing the entire vessel for the transportation of goods, the Sender has the right to refuse to fulfill the contract for the carriage of goods by sea, subject to payment:

1). , depending on which of the indicated moments came first;

2) full freight, other amounts specified in subclause 1 of clause 5.2, if the Sender’s refusal occurred after one of the moments specified in subclause 1 of clause 5.2, and the contract for the carriage of goods by sea was concluded for one voyage;

3) full freight for the first voyage, other amounts specified in subclause 1 of clause 5.2, and one second freight for the remaining voyages, if the Sender’s refusal occurred after one of the moments specified in subclause 1 of clause 5.2, and the contract for the carriage of goods by sea was concluded for several flights.

If the Sender refuses to fulfill the contract for the carriage of goods by sea before the ship leaves for the voyage, the Carrier is obliged to release the cargo to the Sender, even if unloading the cargo may delay the ship for more than the established period.

If the Sender refuses to fulfill the contract for the carriage of goods by sea during the voyage, the Sender has the right to demand the release of the cargo only in the port where the ship must call in accordance with the contract for the carriage of goods by sea or entered due to necessity.

5.3. Refusal to fulfill the contract for the carriage of goods by sea by each of its parties.

1. Each party to a contract for the carriage of cargo by sea has the right to refuse to perform it without compensating the other party for losses if the following circumstances occur before the ship departs from the place where the cargo is loaded:

1) military or other actions that create a threat of seizure of a ship or cargo;

2) blockade of the place of departure or destination;

3) detention of a vessel by order of the relevant authorities for reasons beyond the control of the parties to the contract for the carriage of goods by sea;

4) attracting a vessel for state needs;

5) prohibition by the relevant authorities of the removal of goods intended for transportation from the place of departure or import of goods to the place of destination.

The circumstances provided for in paragraph. 4 and 6 of subclause 1 of clause 5.3 cannot serve as a basis for refusal to fulfill a contract for the carriage of goods by sea without compensating the other party for losses if the delay of the vessel is expected to be short-term.

If the circumstances provided for in subclause 1 of clause 5.3 occur, the Carrier does not bear the costs of unloading the cargo.

2. Each of the parties to the contract for the carriage of goods by sea has the right to refuse to perform it due to the occurrence of any of the circumstances provided for in subclause 1 of clause 5.3, also during the voyage. In this case, the Sender reimburses the Carrier for all costs of the cargo, including the costs of unloading it, as well as freight in an amount proportional to the distance actually traveled by the ship.

5.4. Termination of a contract for the carriage of goods by sea due to the impossibility of its execution.

1. A contract for the carriage of cargo by sea is terminated without the obligation of one party to the contract to compensate the other party to the contract for losses caused by termination of the contract, if after its conclusion and before the ship departs from the place where the cargo is loaded due to circumstances beyond the control of the parties:

the ship will perish or be forcibly captured;

the vessel will be declared unseaworthy;

the cargo, individually determined, will perish;

the cargo, defined by generic characteristics, will perish after it is handed over for loading and the sender will not have time to hand over another cargo for loading.

2. The contract for the carriage of goods by sea is terminated due to the circumstances specified in subclause 1 of clause 5.4 and during the voyage; in this case, the Carrier is due freight in an amount proportional to the distance actually traveled by the vessel, based on the amount of cargo salvaged and delivered.

6. Responsibility of the Carrier, shipper and charterer.

6.1. Carrier's responsibility:

1. The carrier is not liable for loss or damage to cargo accepted for transportation or for delay in its delivery if he proves that the loss, damage or delay occurred due to:

1) force majeure;

2) dangers or accidents at sea and in other navigable waters;

3) any measures to save people or reasonable measures to save property at sea;

4) a fire that was not caused by the Carrier;

5) actions or orders of the relevant authorities (detention, arrest, quarantine and others);

6) military actions and popular unrest;

7) actions or inactions of the Sender or recipient;

8) hidden defects of the cargo, its properties or natural loss;

9) defects in containers and packaging of cargo that are invisible in appearance;

10) insufficient or unclear marks;

11) strikes or other circumstances that caused suspension or restriction of work in whole or in part;

12) other circumstances that arose through no fault of the Carrier, its employees or agents.

2. The carrier is deemed to have delayed delivery of the cargo if the cargo is not delivered at the port of unloading provided for by the contract for the carriage of goods by sea within the period specified in paragraph 2 of this contract.

3. A person who has the right to make a claim against the Carrier in connection with the loss of cargo may consider the cargo lost if the cargo is not released at the port of unloading to the person authorized to receive the cargo within thirty calendar days after the expiration of the period for the release of cargo established by paragraph 2 of this agreement .

4. The carrier is responsible for loss or damage to cargo accepted for transportation or for delay in its delivery from the moment the cargo is accepted for transportation until the moment it is released.

6.2. Responsibility of the Sender:

The Sender is liable for losses caused to the Carrier unless he proves that the losses were caused not through his fault or through the fault of the persons for whose actions or inactions he is responsible.

7. Disputes regarding the execution of this agreement are resolved through negotiations, and if no agreement is reached, in court in accordance with the agreement on the arbitration clause, which is an integral part of this agreement.

8. This agreement comes into force from the moment of signing and is valid until ____________________________.

9. Legal addresses and signatures of the parties:

Carrier Sender Name: ______________________ Name: ______________________________ Address: _____________________________ Address: _____________________________ OGRN ________________________________ OGRN _______________________________ Taxpayer Identification Number ________________________________ Taxpayer Identification Number ________________________________ Checkpoint ________________________________ Checkpoint ________________________________ Account ________________________________ Account ________________________________ in __________________________________ in __________________________________ Account ________________________________ Account ________________________________ BIK ________________________________ BIK ________________________________ OKPO _______________________________ OKPO ________________________________ On behalf of the Carrier On behalf of the Sender ____________________ (__________) ____________________ (__________) M.P. M.P.

The legislation of our country requires counterparties to enter into agreements. This requirement also applies to transportation.

Among all types of transport, maritime has a special specificity. Naturally, the contract for the delivery of goods by ship has a number of features.

The legislative act is also separate. This is how transportation by road is regulated Civil Code. But transportation by sea is the law of the sea.

The main feature is that goods are delivered by sea between states (international transport).

In addition, four-fifths of the world's oceans are not the territorial waters of states. All this imposes specific requirements for the drafting of contracts.

Main differences of a sea carriage agreement

The essence of sea transportation is the delivery of cargo that was received at the port of loading (sender) to the port of unloading (recipient).

Receiving a reward for delivery is also expected. That's why this type agreement is subject to compensation. This remuneration is called freight.

There are two ways to take a ship for transportation (charter). The first involves chartering part of the vessel (or the whole thing).

The parties to the agreement on carriage by sea are referred to separately. The company that owns the ship and provides the service is called the carrier. The hiring party is called the charterer.

The fact of transportation may be one-time. But this does not mean that the law requires signing agreements every time. The conclusion of long-term contracts is not prohibited. This is necessary if multiple shipments are planned.

Responsibilities of the parties to the transaction

The carrier company bears financial responsibility for the accepted cargo. This concerns its safety. In case of loss (damage, etc.), you will have to reimburse its cost.

This cost is calculated based on its market price. There is no mention in the Legislation about the return of freight. But this possibility may be provided for in the text of the agreement.

A special responsibility is to pay penalties for late delivery. This means that the carrier company assumes responsibility for the delivery time. If these deadlines are not met, liability to the charterer follows.

AND special condition in transactions of this kind lies the possibility of legally losing the cargo. That is, if unloading does not occur within a month after the date specified in the contract, the charterer has the right to demand that the carrier reimburse the cost of the cargo.

More detailed advice on maritime law can be obtained from our consultants.

Below is a standard form and sample of a sea transportation agreement, a version of which can be downloaded for free.