Sea passenger transportation. Contract for the carriage of passengers by sea
INTRODUCTION
Transport obligations are an important component of the system of obligations for the provision of civil legal services. Obligations to provide services that directly affect the implementation of the transport process at its various stages are obligations in the field of transport activities for the movement of material assets, passengers, their luggage, forwarding services, towing ships and rafts, united by the general scope of economic activity and its features organizations.
The relevance of my work lies in the fact that the contract for the carriage of passengers by sea is 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. It is in maritime transportation that business customs are more often used, which are applied on a par with the contract itself.
The purpose of the work is to characterize, on the basis of current legislation, the features of the contract for the carriage of passengers and baggage by sea, as well as its practical application.
The objectives of the work are:
Determine the legal basis for the carriage of passengers and luggage by sea;
Describe the contract for the carriage of passengers and luggage by sea;
Determine the features of this agreement, its modification and termination.
Establish liability for violation of obligations to transport passengers and baggage by sea, in particular the liability of the carrier.
The subject of the study is the norms of current legislation relating to the transportation of passengers and baggage by sea.
The object of the study is the social relations that arise in the process of transporting passengers and luggage by sea.
The main regulations that I reviewed in the process of creating my work are: acts of international law related to the transportation of passengers and baggage by sea, the Civil Code of the Russian Federation (Chapter 40 “Transportation”), the Merchant Shipping Code of the Russian Federation, and other laws and regulations related to the transportation of passengers and cargo, as well as materials from educational, scientific and methodological literature on a given topic.
This work consists of two parts.
1. analysis of the legal basis for the carriage of passengers and baggage by sea
2. study of liability for violation of obligations to transport passengers and luggage by sea.
This work begins with a description of the contract for the carriage of passengers and baggage by sea, its background and formation in modern legislation. There is also a mention of acts of international law, which are basic and apply especially when transportation is carried out to foreign countries.
The second part of my work is directly devoted to liability for violation of obligations to transport passengers and baggage by sea. This chapter was highlighted due to the fact that there are rules on liability here that are somewhat different from the rules provided for by the Civil Code of the Russian Federation, in particular, these are the limits of the carrier’s liability, the specifics of liability for loss and damage to valuables. Specific acts establish their own limits of liability, because, as one of the principles of transport law says, the carrier’s guilt is limited.
1. LEGAL BASIS OF TRANSPORTATION OF PASSENGERS AND BAGGAGE BY SEA TRANSPORT
1.1. Contract for the carriage of passengers and baggage by sea
Transporting people by water is one of the most ancient types of travel using vehicles. Initially, these were wooden rafts and boats, which in modern tourism can rather be classified as non-traditional modes of transport. The development of scientific and technological progress has led to the creation of huge liner motor ships capable of taking tens of hundreds of passengers on board, transporting them in comfortable conditions over long distances, making round-the-world tours across the seas and oceans, and even traveling among the ice.
Quite a large number of studies have been devoted to the transportation of passengers by sea. They were mainly studied by scientists such as M.M. Boguslavsky, M.I. Braginsky, V.A. Vitryansky, V.O. Zalessky, G.A. Mikryukova, T.R. Korotky, A.N. Shemyakin, O.N. Sadikov, A.L. Makovsky and others. Basically, their teachings are devoted to the study of the contract for the carriage of passengers by sea.
Considering the contract for the carriage of passengers by sea, these authors note the specifics of transporting passengers by sea, which also predetermines some features of the legal regulation of the relations emerging in connection with this. Characteristic for the carriage of passengers by sea are the requirements for the seaworthiness of a passenger ship, the conditions for transporting passengers and their luggage, the specifics of the carrier’s liability under this type of contract, and others.
When considering the rights and obligations of the parties under a contract for the carriage of passengers by sea, it is necessary to pay special attention to the carrier’s obligation to make the vessel seaworthy in advance of the voyage. As noted by A.L. Makovsky, the carrier must, first of all, ensure the seaworthiness of the vessel on which the passenger is to be transported.
In particular, a definition of a sea cruise is given - this is a sea journey of a passenger for the purpose of recreation, usually made in a closed ring on the same vehicle. Sea cruises are divided into domestic (between ports of one state) and international (between ports of different states).
The legality of a citizen’s presence on the ship is confirmed by presenting a travel ticket or an equivalent document. Ticketless travel does not give rise to contractual relations, and a person who does not have a ticket has no right to demand that the carrier deliver him and his luggage to any of the destinations indicated by him, even if they are ports (points) of call of the ship, provide space on the ship and etc. For traveling without a ticket, a fine is imposed, the payment of which does not give rise to contractual relations between the person from whom the fine was collected and the carrier. The person who has paid the fine must purchase a ticket for further travel to the destination.
The works of O. N. Sadikov analyze various aspects of the international legal regulation of sea cruises, as well as the regulation of sea cruises under Russian legislation and under the legislation of some foreign countries.
Transportation of passengers and luggage by sea is regulated by international and national legislation. During international transportation, international treaties and conventions are in force, among which we can highlight the Athens “Convention on the Carriage of Passengers and Luggage by Sea,” adopted in 1974. The USSR joined this Convention in 1983. The Russian Federation, as the legal successor of the Soviet Union, is a party to this agreement. The Convention applies to all ships (except hovercraft) and applies to any international transport if the ship is flying the flag of a state that is a party to the Convention or is registered in such a state; if the contract of carriage is concluded in this state or if it is the place of departure or destination of the vessel. At the same time, the Convention does not apply if the passenger is a citizen of Russia and is traveling on a ship under an agreement with a Russian carrier. The Athens Convention provides for the carrier's liability for damage resulting from the death or personal injury of a passenger, as well as from loss or damage to luggage. In accordance with this document, the carrier's property liability is 700,000 Swiss francs for damage caused to the health of the passenger; CHF 12,500 for hand luggage; CHF 50,000 per vehicle; CHF 18,000 per passenger for other items of baggage.
One of the international organizations dealing with maritime shipping issues is the international maritime organization IMO (International Maritime Organization), created in 1958. It develops international acts in the field of maritime transport, including those related to the safety of navigation and the protection of the marine environment from pollution . As a result of the activities of this organization, a number of conventions regulating international maritime transport were signed: “International Convention for the Safety of Life at Sea” (1974); “International Convention for the Unification of Certain Rules for the Carriage of Baggage and Passengers by Sea” (1967); “International Convention for the Unification of Certain Rules Relating to the Carriage of Passengers by Sea” (1981); "International Convention on Search and Rescue at Sea" (1979); “Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials” (1972) and others.
For maritime transport in the territorial waters of the Russian Federation, in the waters of the open sea and when Russian ships call at foreign seaports, a legal document of the national legislation “Code of Merchant Shipping of the Russian Federation” (MCM RF), which came into force on May 1, 1999, is in force. This document regulates relations arising from merchant shipping, which is understood as “activities related to the use of ships for: transportation of goods, passengers and their luggage; fishing of aquatic biological resources; exploration and development of mineral and other non-living resources of the seabed and its subsoil; pilotage and icebreaker assistance; search, rescue and towing operations; recovery of property sunk at sea; hydraulic engineering, underwater technical and other similar works; sanitary, quarantine and other control; protection and conservation of the marine environment; conducting marine scientific research; educational, sports and cultural purposes; other purposes."
The contract for the carriage of passengers by sea is determined by Article 177 of the ninth chapter of the Code of Customs of the Russian Federation; in accordance with this article, the carrier undertakes to transport the passenger to the destination and, if the passenger checks in luggage, also deliver the luggage to the destination and hand it over to the person authorized to receive the luggage, and the passenger undertakes to pay the established travel fee, baggage check-in fee and baggage transportation fee.
The carrier is the person who has entered into an agreement for the carriage of a passenger by sea or on whose behalf such an agreement has been concluded, regardless of whether the passenger is transported by the carrier or the actual carrier.
The actual carrier is a person other than the carrier who, being the owner of the ship or a person using the ship on another legal basis, actually carries out the transportation of the passenger or part thereof.
A passenger is any person whose transportation is carried out on a ship under a contract for the carriage of passengers by sea or with the consent of the carrier for the purpose of accompanying a car or animals under a contract for the carriage of goods by sea.
The definition of the concept of a contract for the carriage of passengers in the Code of Transport of the Russian Federation in its essence repeats the rule of paragraph 1 of Art. 786 of the Civil Code, this means that the basic rights and obligations of the parties under a contract for the carriage of passengers by sea are similar to the rights and obligations of the parties when transporting passengers by other modes of transport. The presence in these cases of common features and great similarity of contracts does not exclude certain specifics inherent in passenger transportation by sea. At the current level of development of the transport network, business and household transportation is more efficient (in terms of speed) to be carried out by air, rail or road transport. Sea vessels are increasingly used to carry out tourist and pleasure voyages and to turn into a “floating hotel”, which, along with transport, which aims to move passengers from one port to another, also performs a cruise function. Sea passenger ships often alternate sea crossings with long stops at port points. Passenger transportation services are complemented by excursions, cultural and entertainment events, the provision of consumer services and increased service for accommodation and entertainment on the ship.
The subject composition of the contract for the carriage of passengers by sea is represented by the carrier and the passenger.
The term “carrier” means any shipping company or port by which or on whose behalf a contract of carriage is concluded. The carrier can also be either the owner of the vessel or the charterer who rents the vessel with a crew (time charter owner) or without a crew (bareboat charter).
Unlike railway transport, where transportation is carried out by a state public carrier, in maritime transport transportation is carried out by carriers of various organizational and legal forms. A shipowner who systematically, independently, at his own risk, engages in transportation activities for the purpose of making a profit, is an entrepreneur and, as such, must undergo the necessary registration in the form of an individual entrepreneur or founder of an enterprise of the appropriate organizational and legal form.
The carrier is the person who has entered into an agreement for the carriage of passengers by sea or on whose behalf such an agreement has been concluded, regardless of whether the transportation is carried out by the carrier or the actual carrier. From what is given in paragraph 2 of Art. 177 of the KTM rules follows at least two characteristics characteristic of the carrier: he must be designated as a party in the document formalizing the transportation relationship, and carry out transportation on a ship that belongs to him under a certain legal title (ownership right, right of economic management) with use of crew services.
If the ship does not leave the possession of the owner (other legal owner) as is the case with time charter, along with the carrier indicated in the transportation document, the passenger may also be in a relationship with the actual carrier who actually carries out transportation along the entire route or at some point in it. During the entire period of the lease agreement for a vehicle with crew, the lessor is obliged to maintain the proper condition of the leased vehicle, including carrying out routine and major repairs and providing the necessary accessories.
A passenger is a person who has a contractual relationship with the carrier and is indicated as such on a ticket or other document confirming his right to travel.
Cruise transportation is usually carried out on ships rented by tourist organizations on terms agreed upon by the carrier with the travel company. Travel for cruise participants in these cases is carried out on tourist vouchers; a person on board a ship can be called a passenger, tourist, excursionist. Tourists and excursionists make excursions through tourist and excursion organizations, using the services of which they enter into a transportation relationship with a sea carrier. If a tourist and excursion organization formalizes relations with the carrier on its own behalf, then for the tourist and excursionist the sea carrier may turn out to be an actual and not a contractual carrier.
The conclusion of a contract for the carriage of passengers by sea is certified by a ticket, and the passenger's check-in of luggage is certified by a baggage receipt.
The indication of the law on a ticket and baggage receipt in the meaning of a method of certifying the conclusion of a contract for the carriage of a passenger by sea allows us to conclude that the contract for the carriage of a passenger is concluded in writing, since only the written form of the transaction requires the presentation of written evidence in the event of a dispute.
Article 179 of the Code of Labor Code of the Russian Federation mentions a passenger ticket and a baggage receipt. However, the content of this article can be interpreted broadly, since travel can be carried out, for example, by a tourist on a voucher, with other documents giving the right to travel, with discounted, children's or free tickets. For organized groups of passengers traveling in the same direction, one ticket may be issued (or one separate ticket for each group of passengers traveling in cabins of a certain category) indicating the names and surnames of the group members traveling on this ticket.
The ticket for travel on coastal line ships indicates: the passenger's surname and initials, the number and series of the passport or a document replacing it, ports of departure and destination, departure date and time, name of the ship, cabin and seat number, fare, ticket issue date, cashier's signature.
Registration of travel documents on international routes is carried out only upon presentation of a document proving the identity of the passenger. A direct ticket is issued in Russian and English, a return ticket is in English, blots and corrections are not allowed. The ticket is always personalized, containing approximately the same details as the ticket used in cabotage. If a child is traveling with the passenger, the age of the child is indicated. The ticket issued to the passenger is not transferable to other persons.
Depending on the nature and purpose of passenger transportation, transportation carried out by public transport can be distinguished when, in accordance with the law, other legal acts or an issued permit (license), the carrier is obliged to carry out the transportation of a passenger and his luggage at the request of any citizen or legal entity (Article 426 , 789 Civil Code of the Russian Federation). Lists of organizations obliged to carry out transportation recognized as public transportation are published in the prescribed manner (clause 1 of Article 789 of the Civil Code of the Russian Federation). Client information on transportation by public transport must be published in collections of transportation rules (tariffs) and announced at all points of departure. These are usually transport ships operating on scheduled lines.
Regular passenger lines by type of service are divided into:
a) internal (coastal) ports connecting Russian ports;
b) foreign (international) connecting Russian and foreign ports;
c) local, supported by ships of the port passenger fleet between points within the territory administratively subordinate to the city (district);
d) suburban, connecting port points located on the territory administratively subordinate to the city (district).
Coasting lines, depending on the nature of the trip and service conditions, can be:
a) transport;
b) high-speed transport, serviced by hydrofoil or hovercraft;
c) ferry crossings;
d) with comprehensive passenger services.
On tourist (cruise) lines and flights transporting organized groups of passengers, ships operate under the terms of special contracts (agreements) according to a special schedule.
A passenger is any person who, in pursuance of a contract of carriage concluded by himself or on his behalf, is transported for a fee or free of charge in cases provided for by current legislation.
Passenger is a person who is a party to the contract for the carriage of passengers by sea and, on the basis of this contract, has the right to travel on this sea vessel. Since the conclusion of a contract for the carriage of a passenger by sea is certified by a ticket (Article 179 of the Code of Transport of the Russian Federation), the passenger is a person who has a ticket for travel on a sea vessel or another document of the established form, granting the passenger the right to free travel by sea.
Clause 3 of Art. 177 KTM of the Russian Federation corresponds to paragraph 4 of Art. 1 of the Athens Convention, according to which a passenger is considered a person who is transported on a ship under a contract for the carriage of a passenger or with the consent of the carrier for the purpose of accompanying a vehicle or animals under a contract for the carriage of goods by sea.
The legality of a citizen’s presence on the ship is confirmed by presenting a travel ticket or an equivalent document. Ticketless travel does not give rise to contractual relations, and a person who does not have a ticket has no right to demand that the carrier deliver him and his luggage to any of the destinations indicated by him, even if they are ports (points) of call of the ship, provide space on the ship and things like that. For traveling without a ticket, a fine is imposed, the payment of which does not give rise to a contractual relationship between the person from whom the fine was collected and the carrier. The person who has paid the fine must purchase a ticket for further travel to the destination.
Passenger rights are also enjoyed by children whose right to free carriage (or carriage on other preferential terms) is enjoyed by the passenger. In cases where a child travels with a parent without being provided with a separate sleeping place, he is considered to be traveling under an agreement concluded by an adult passenger for his own travel.
The passenger is obliged to comply with the procedures in force in maritime transport, the rules for using ships and passenger premises, and treat the property of maritime transport with care. Damage caused to the property of maritime transport due to the fault of the passenger must be compensated. A passenger, if his behavior on the ship threatens the safety of other passengers (tourists), crew, shipowner, property and the ship, may be disembarked at the nearest port of call of the ship without paying him the difference in the cost of the ticket from the place of disembarkation to the final port indicated on the ticket.
The main responsibility of the carrier is to deliver the passenger and their checked baggage to their destination.
The carrier is obliged to provide the passenger with the seat indicated on the ticket on the ship. If the passenger is not provided with a seat of the category specified in the ticket, the passenger has the right, at his choice, to either refuse the trip and consider the Agreement invalid, or demand an extension of the validity period of the ticket and the right to travel on the next flight. When a passenger is placed, with his consent, in a lower-paid seat, an act is drawn up, according to which the difference in fare must be paid to the passenger.
If, due to the fault of the carrier, the passenger does not use his seat according to the ticket (for example, when selling two tickets for one seat, in case of a malfunction of the seat, when changing the ship, etc.), the passenger must be provided with his consent, an equivalent seat or a seat of a higher category without charging the difference in fare. The carrier must ensure compliance with the announced schedule and calls at specified points within certain periods. In cases where the ship's delay in arriving at the transfer point will result in an interruption in the transit passenger's trip, the validity period of the ticket must be extended for the entire duration of its delay until he is given the opportunity to extend the trip.
Under the contract for the carriage of passengers by sea, the carrier undertakes, in the event of baggage being checked in by the passenger, to deliver the baggage to the destination and hand it over to the person authorized to receive the baggage. The transportation of baggage is in many ways similar to the transportation of cargo and differs from the latter in that it is carried out in connection with the transportation of a passenger if he has a ticket. Baggage is transported on the ship and flight for which the ticket was purchased. Transportation of luggage on hydrofoil or hovercraft is carried out only if there is a special luggage compartment.
Since the baggage is transported on the same ship on which its owner, the passenger, is located, and a note is made on the passenger’s transportation document indicating that the baggage has been checked in for transportation, this allows us to conclude that the baggage is transported under an additional (accessory) obligation to the passenger carriage contract , formalized by issuing a baggage receipt.
The contract for the carriage of baggage, although it complements the contract for the carriage of passengers, is not covered by its content. The passenger has the right to carry baggage, but he must exercise this right by concluding another contract in addition to the contract for the carriage of himself. When transporting a passenger and his luggage, two contracts are concluded, different in their legal nature. If the contract for the carriage of a passenger is a consensual contract, for the conclusion of which one agreement is sufficient, then the contract for the carriage of baggage is a real contract, recognized as concluded only at the moment the passenger hands over the relevant property to the carrier.
Both the contract for the carriage of passengers and the contract for the carriage of baggage are subject to compensation. Carriage fees for baggage are charged upon departure.
It should be noted that there is a difference between luggage and cabin luggage.
Baggage is any item or any vehicle, the transportation of which is carried out by the carrier under a contract for the carriage of passengers by sea, with the exception of an object or vehicle, the transportation of which is carried out under a contract for the carriage of goods or animals by sea.
Cabin baggage is baggage that is located in a passenger's cabin or is otherwise in his possession, custody or control. Cabin baggage includes baggage that a passenger has in or on his car, except in cases of application of the rules established by Article 182 and paragraphs 2-5 of Article 190 of the Code of the Russian Federation.
The definition of baggage contained in Art. 180 KTM, based on paragraphs 5 and 6 of Article 1 of the Athens Convention. The main difference between the modes of transportation of baggage and cabin luggage is that the carrier is responsible for the safety of luggage during the entire period of transportation, and cabin luggage is under the protection and control of the passenger. The specificity of cabin luggage also lies in the fact that, within the permissible limits, a passenger is allowed to transport as cabin luggage such items that, due to their dimensions and properties, can be easily placed in passenger rooms and do not create inconvenience for other passengers. It is prohibited to carry in cabin baggage items that can damage or contaminate the ship, the belongings or clothing of other passengers, or foul-smelling, flammable, flammable, explosive, radioactive and other dangerous substances and objects.
Cabin baggage is the passenger's belongings, compactly packed and freely placed in the cabin or on shelves in common areas, and carried by him within a specified quantity. Carriage of cabin baggage does not require the conclusion of a special agreement, other than the agreement already concluded between the parties for the carriage of passengers by sea. If, under the terms of the contract for the carriage of passengers by sea, a car is transported, then the luggage located in or on the car is also considered cabin baggage.
Cabin luggage is in the possession of the passenger and is transported under his protection and control. However, if there is fault, the carrier may be held liable for failure to preserve cabin luggage that occurred during transportation. The grounds and limits of such liability are determined by the contract of carriage of the passenger, within the framework of which cabin luggage was transported.
Unlike “cabin baggage,” “baggage,” if checked in by a passenger, is formalized by issuing a baggage receipt and transferred into the possession of the carrier under his responsibility. Each piece of baggage must be prepared for transportation based on the requirements for ensuring safety during storage, loading, transportation and unloading. Packed or unpacked items must have provisions for their transportation. Each item checked in is accepted separately. The passenger can declare its value - both common for all seats, and for each seat individually. The declared value is included in the baggage receipt. At the port of destination, baggage is issued to the passenger upon presentation of a baggage receipt.
The passenger has the right:
1. Carry with you free of charge, in foreign traffic - in accordance with the preferential tariff, 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 aged from two to twelve years, are transported in accordance with a reduced rate and are provided with separate seats;
2. Carry cabin luggage with you free of charge within the established norm.
For the transportation of a passenger and his luggage, a carriage fee is charged, established by agreement of the parties, unless otherwise provided by law or other legal acts (clause 1 of Article 790 of the Civil Code of the Russian Federation). Payment for the transportation of passengers and luggage by public transport is determined on the basis of tariffs approved in accordance with the established procedure (clause 2 of Article 790 of the Civil Code of the Russian Federation). Thus, a twofold procedure has been established for determining freight charges: according to approved tariffs for public transport and, by agreement of the parties, for other transportation. Both procedures, formed as a general provision, do not exclude their more detailed regulation in the rules for the operation of courts on certain lines and directions.
The current legislation in Russia on state regulation of prices (tariffs) provides for different procedures for establishing freight charges depending on the type of transport and the type of services provided by it. So far, at the Federation level there is no single law on pricing, and the general regulatory regulation of pricing (tariffs) is formed at the level of presidential decrees and decrees of the Government of the Russian Federation.
The amount of the fare depends on the distance of sea transportation, the type of navigation (coastal, overseas traffic), the speed of passenger delivery (by express, ambulance or cargo-passenger line), the comfort of the vessel, as well as on the space occupied by the passenger (in cabins I, II, III classes and the like).
The establishment of regulated prices, as well as control over their implementation, is carried out by various state executive bodies. The federal executive body that carries out state regulation of the establishment and application of prices and control over them is the Ministry of Economy of Russia, as well as the Ministry of Antimonopoly Policy and Entrepreneurship Support. In the constituent entities of the Federation, similar functions are assigned to the relevant economics committees (departments) of the administration. Other federal executive bodies and bodies of the constituent entities of the Federation perform the functions of pricing, price application and price control within the limits of their powers. A special role in this regard belongs to the antimonopoly authorities.
For the transportation of passengers on ships operating on joint lines with foreign shipowners, the tariffs of these lines are applied.
When transporting passengers and baggage, the rules, tariffs and fees that apply on the day the ticket is purchased and the baggage receipt is issued are applied.
Payment for the transportation of children depends on the type of navigation (cabotage or overseas communication) and the age of the child, which is determined on the day the transportation begins at the initial port of departure indicated on the ticket, based on his birth certificate or a mark in the parents’ passport.
One child under two years old, if he is not provided with a separate seat, is transported free of charge on coastal sailing. A note about this is made on the adult passenger’s ticket. For children aged 2 to 12 years, a ticket is issued, according to which the child is given a separate seat. The tickets of children with a separate seat include the last name, first name, and patronymic of the passenger accompanied by them on the ship. In practice, depending on the seat category, the fare for a child aged 2 to 12 years is charged from 50 to 75% of the fare for an adult passenger. The fare for a child over 12 years old is the same as for an adult passenger.
For each full or child ticket, the passenger has the right to carry cabin baggage, the norms of which are determined by the rules adopted in the established manner for the carriage of passengers and baggage by public transport or the rules of operation on lines or by agreement for one-time or irregular flights.
The procedure and conditions for the transportation of tourists on foreign cruises are determined by the relevant provisions stipulated by the agreements. When conducting cruise voyages on ships leased by foreign companies or Russian tourism organizations, the procedure and conditions for the transportation of tourists are established by separate agreements.
1.2. Termination and modification of the contract of carriage
The moment of purchasing a ticket and the start of the flight are usually separated from each other by a period of varying duration. During this time, a lot can happen that will change the passenger's plans and intentions. The law gives the passenger the right to cancel the contract of carriage by sea at any time. Therefore, the passenger’s refusal from the contract of carriage by sea can be made either at the port of departure before the departure of the ship, or at an intermediate port of call of the ship.
Refusal as a method of terminating the contract for the carriage of passengers by sea requires the passenger to perform an action aimed at formalizing this refusal. If the passenger, without renouncing the contract, does not appear on board the ship at the beginning of the voyage, he retains the right to use the seat he paid for in any other port of call of the ship, unless, under the terms of transportation, the carrier has stipulated the right to use the seat not occupied by the passenger at the port of departure at at your own discretion. A passenger who has not used the ticket he purchased and has not declared a cancellation of the contract is deprived of the right to receive any payments from the carrier. Giving the passenger the right to unilaterally cancel the contract at any time before the ship departs from the port of departure, and after the start of the voyage - at any port of call where passengers are allowed to board, is a benefit granted to the passenger as a consumer.
The legal consequences of termination of the contract at the initiative of the passenger depend on whether the passenger notified the carrier or his agent of his intention to terminate the contract, when he did so, and what were the reasons for the passenger’s refusal to terminate the contract of carriage.
During coastal transportation, the passenger receives a refund of all paid fares (for ticket, reserved seat and speed) and baggage transportation:
1. if the passenger refused transportation no later than the period established by the rules for the carriage of passengers by sea, approved by the federal executive authorities in the field of transport;
2. if the passenger did not show up for the departure of the ship due to illness, which is confirmed by drawing up an act that serves as the basis for payment of money;
3. if the passenger, before the departure of the ship, refused the contract of carriage by sea due to illness. Since a passenger who refuses transportation before the departure of the ship, but no later than the established period, is refunded the payment made, regardless of the reasons for the refusal, then in this case the same consequences of termination of the contract are stipulated in the case when the passenger refuses the contract, although before the departure of the ship, but for a period of time shorter than the period established by the rules, and the reason for the refusal was his illness;
4. if the contract is canceled for reasons depending on the carrier. Such a reason may include rescheduling the ship's departure for another date or cancellation of the voyage.
If the passenger’s refusal occurs at least 30 days before the start of the flight, the deposit will be returned to him in full. If a passenger cancels a trip less than 30 days before the start of the flight, the deposit will not be returned to him. The deposit is also refunded in full if the cancellation of the reserved seat is caused by illness, death, the involvement of the passenger in the performance of government duties, or at the request of the authorities, if for the stated reasons one of the family members cannot make the planned trip.
Specific rules for canceling the contract and the procedure for processing the return of paid travel are established in accordance with the rules and tariffs of the carrier, and in cabotage transportation - the rules to which the public carrier is subject.
The rules usually set out the conditions under which a partial refund of fares is possible. This occurs in cases where a passenger, due to illness or failure to provide him with a seat in accordance with the ticket, leaves the ship after the start of the voyage (in this case, he is refunded the difference between the full cost of travel (baggage transportation) and the cost of travel (baggage transportation) for the pursued distance) or when returning a ticket to the ticket office less than the number of hours established by the rules before the departure of the ship, or when returning a ticket for a trip on an international ship or on a foreign cruise voyage for a reason not related to illness, force majeure, or another not specified in as a basis for a fare refund.
Having considered the refusal of the passenger from the contract of carriage by sea, one should also consider the possibility of the carrier refusing to fulfill the contract of carriage of the passenger by sea.
The carrier has the right to refuse to fulfill the contract for the carriage of passengers by sea if the following circumstances beyond the carrier’s control occur:
1) military or other actions that create a threat of seizure of the ship;
2) blockade of the point of departure or destination;
3) detention of the ship by order of the relevant authorities for reasons beyond the control of the parties to the contract;
4) attracting a vessel for state needs;
5) loss of the ship or its capture;
6) recognition of the vessel as unfit for navigation.
If the carrier refuses to fulfill the contract for the carriage of a passenger by sea before the departure of the ship, the passenger will be refunded the entire payment for the carriage of the passenger and the payment for the carriage of his baggage, after the start of the voyage - part of them in an amount proportional to the distance over which the passenger was not transported.
A carrier who refuses to fulfill a contract for the carriage of a passenger by sea upon the occurrence of the circumstances provided for in this article is obliged at his own expense to deliver the passenger at his request to the point of departure or to reimburse the passenger for the expenses actually incurred by him.
Although the CTM does not specify a specific time during which the carrier has the right to refuse to perform the contract, it appears that he can do so at any time before the completion of the carriage. The consequences depend on whether the passenger is in transit or the flight has not yet begun. If the carrier refuses to fulfill the contract due to circumstances beyond his control before the departure of the ship, he is obliged to return to the passenger the entire amount of the fee for transporting the passenger and the fee for transporting his baggage. It is assumed that this amount will be enough for the passenger, having resorted to the services of another carrier, to ensure that his need to travel to a certain destination is met.
If a passenger on the carrier's ship has already traveled a certain distance and the carrier, due to circumstances beyond his control, is forced to refuse further performance of the contract, then he is obliged to return to the passenger part of the payment for the carriage of the passenger and the payment for the carriage of his luggage, but in proportion to the distance over which the passenger was not transported implemented. In other words, the carrier in this case retains the right to receive compensation for the completed part of the journey.
Since the passenger, having left the point of departure, did not reach the destination, the carrier who refused to fulfill the contract is obliged to deliver the passenger to the point of departure at his own expense. However, this obligation arises for the carrier as additional to the refund of the fee for the unfulfilled part of the journey, if the passenger intends to return to the point of departure and demands reimbursement of the expenses actually incurred by him or his delivery to the point of departure at the expense of the carrier. The actual expenses incurred by him are the expenses, supported by the relevant documents, for transporting the passenger and his luggage from the point at which the initial transportation was interrupted due to the carrier’s refusal to fulfill the contract on the grounds of clause 1 of Art. 184 KTM, to the point of departure under a contract not fulfilled by the carrier.
The death of the ship or its capture makes it impossible to continue the voyage. Due to the objective impossibility of performance, the contract must be terminated at the initiative of the carrier. Depending on the reasons for the death of the ship, as well as who owned the ship and who (the carrier or the actual carrier) owned and operated it, legal relations may arise related to compensation for damage caused to both the passenger and, possibly, the carrier who suffered losses in due to early termination of the passenger carriage contract.
The seizure of a ship should be distinguished from the detention of a ship. The detention of a vessel has a formal basis in the form of an order from the relevant authorities. The seizure of a vessel has no such grounds and actually occurs in connection with hostilities, the threat of hostilities or piracy.
Recognition of a vessel as unseaworthy may serve as grounds for refusal to fulfill a contract for the carriage of a passenger by sea, since continuing the voyage on an unseaworthy vessel is dangerous for the passenger or may be technically unenforceable. The ship's unfitness for navigation must occur due to circumstances beyond the control of the carrier. If the ship's unfitness for navigation occurred due to the fact that the carrier did not take due care to bring the ship into a seaworthy condition, then the carrier cannot rely on Art. 184 KTM and must be held responsible for improper performance of the contract.
Changing the contract for the carriage of passengers by sea is enshrined in Article 185 of the Code of Labor and Trade of the Russian Federation - the carrier is granted the exclusive right to delay the departure of the vessel without prior warning, that is, to delay or postpone the departure of the vessel to another time, change the intended transportation route, change the points of embarkation and disembarkation of passengers, if such actions dictated by the need to protect the interests of the passengers themselves, the carrier and society and arose due to circumstances beyond the control of the carrier. Such circumstances are most often natural phenomena, which may have the nature of force majeure due to their extremeness and insurmountability, but can also be expressed in dangers and accidents at sea, arising from the specific natural conditions in which maritime navigation is carried out, and the characteristics of the professional activity of the sea carrier .
To classify a particular phenomenon inherent in the elements of the sea as circumstances giving the carrier the right to change the contract for the carriage of passengers by sea, its intensity does not matter. It is necessary that it arise accidentally, unexpectedly and not through the fault of the carrier and his employees. Since the natural phenomenon arose unexpectedly, the carrier cannot prevent its harmful effects and is therefore forced to change the time or route of transportation of the passenger. Phenomena of a natural nature that forced the carrier to change the contract may occur not only during the transportation itself, but also before the start of the flight or after landing is announced.
Unfavorable sanitary and epidemiological conditions are understood as the outbreak of epidemics of infectious diseases that are dangerous for passengers and crew members of a ship used for transportation. For security reasons, the carrier is forced to change the point of departure, destination or the announced route of the vessel.
Changes in time, route, embarkation and disembarkation points, naturally, do not correspond to the passenger’s plans, therefore the latter, not agreeing with the change in the conditions of transportation, may refuse the contract of carriage by sea. The amount of the amount returned to the passenger depends on when the passenger’s refusal from the contract was received, and is established according to the rules of Art. 183 KTM.
If the carrier is forced to change the conditions of transportation after the ship departs from the point of departure, the passenger also has the right to refuse the contract and at the same time demand that he be delivered to the point of departure at the expense of the carrier or reimburse him for the actual expenses incurred upon returning to the point of departure.
2. LIABILITY FOR VIOLATION OF OBLIGATIONS FOR TRANSPORTATION OF PASSENGERS AND BAGGAGE BY MARINE TRANSPORT
2.1. Responsibility and limits of liability of the carrier
The responsibility of the carrier is determined by Article 186 of the Code of Labor Code of the Russian Federation. The carrier is responsible for the death of the passenger and damage to his health, as well as for the loss of the passenger's luggage or damage to his luggage, if the incident resulting in damage to the passenger occurred during the transportation of the passenger and his luggage through the fault of the carrier, his employees or agents acting in within the limits of their duties (authorities).
Loss of or damage to a passenger's baggage includes damage caused by the failure of the baggage to be released to the passenger within a reasonable time after the arrival of the vessel on which the baggage was or was intended to be transported. The burden of proving that the incident resulting in damage to the passenger occurred during the transportation of the passenger and his luggage, as well as the amount of damage caused, rests with the plaintiff.
The guilt of the carrier, its employees or agents acting within the limits of their duties (authorities) is assumed, unless otherwise proven, in cases where the death of a passenger or damage to his health or loss or damage to cabin luggage occurred as a result of a shipwreck, collision, landing of a ship on stranding, explosion or fire on a vessel or defects of a vessel or in connection with a shipwreck, collision, grounding of a vessel, explosion or fire on a vessel or defects of a vessel. With regard to the loss or damage of other baggage that is not cabin baggage, the guilt of these persons is assumed, unless otherwise proven, regardless of the nature of the incident that caused the loss or damage to such baggage. In other cases, the burden of proving guilt lies with the plaintiff.
Please note that the rules listed above apply:
a) when transporting passengers overseas, unless the carrier and passenger are organizations or citizens of the Russian Federation;
b) when transporting baggage overseas, regardless of whether the passenger and the carrier are organizations or citizens of the Russian Federation.
The basic rule on the carrier's liability for the death of a passenger and damage to his health, as well as for loss or damage to luggage corresponds to Art. 3 of the Athens Convention.
The guilt of the carrier, his employees or agents acting within the limits of their duties (authorities) is assumed, unless otherwise proven, in cases where the death of a passenger or damage to his health occurred as a result of a shipwreck, collision, grounding of a ship, explosion or fire on the vessel or the defects of the vessel. In this case, the carrier must prove the absence of his guilt. This article distributes the burden of proof between the participants in the process in some detail. As a general rule, the plaintiff proves the circumstances to which he refers, in particular, he must prove the amount of damage caused to him and that the damage was caused during transportation.
When deciding on compensation for loss or damage to luggage, it matters in whose possession and under whose supervision the luggage was. The carrier's guilt for the death and damage to cabin luggage is assumed when there were circumstances (shipwreck, collision, grounding of the ship, explosion, fire on the ship, deficiencies associated with the unseaworthiness of the ship itself) of an extreme nature, in which the passenger should have thought before just about your own safety, and not about the safety of your cabin luggage. In addition, it is natural to assume that the situation that has arisen, which goes beyond the scope of ordinary navigation, arose due to omissions of the carrier and his crew. The carrier himself must prove the contrary.
If the baggage was handed over by the passenger to the carrier for transportation on the same ship and was in that sense in the possession and control of the carrier and was lost or damaged, the guilt of the carrier, its employees or agents is presumed regardless of the nature of the incident. In this case, the carrier must prove the absence of guilt.
In other cases of damage or loss of passengers' property, the plaintiff must prove the carrier's guilt.
If the carriage of a passenger or part thereof is entrusted to the actual carrier, the carrier nevertheless bears responsibility in accordance with the rules established by this chapter for the entire carriage of the passenger. In this case, the actual carrier bears the responsibilities and has the rights provided for by the rules established by this chapter in relation to the part of the passenger transportation carried out by him.
Any agreement that the actual carrier assumes responsibilities not imposed by the rules established by this chapter, or waives the rights granted by such rules, is effective against the actual carrier only if he consents to it in writing. If the carrier and the actual carrier are liable, their liability is joint and several.
The actual carrier does not have a contractual relationship with the passenger, therefore, the original carrier, listed as such on the ticket (voucher), remains responsible for the proper fulfillment of contractual obligations. The original (contractual with the passenger) carrier has a legal relationship with the actual carrier, which, by assigning the responsibility for transportation to the former, actually replaces itself with it.
In relation to the carriage of a passenger carried out by the actual carrier, the carrier is responsible for the actions or inactions of the actual carrier, its employees or agents acting within the scope of their duties (authorities).
In case of joint damage to a passenger, the carrier and the actual carrier are jointly and severally liable to the passenger. The passenger, at his own discretion, has the right to present his claims in full to either of them or to both of them.
The carrier's liability for harm caused to the life or health of a passenger must not exceed 175 thousand units of account for the carriage as a whole. If damage is compensated in the form of periodic payments, the corresponding total amount of such payments must not exceed the specified limit of the carrier's liability.
The carrier's liability for loss or damage to cabin luggage should not exceed 1.8 thousand units of account per passenger for the carriage as a whole.
The carrier's liability for loss or damage to the vehicle, including luggage transported in or on it, shall not exceed 10 thousand units of account per vehicle for the transportation as a whole.
The carrier and the passenger may enter into an agreement to assign liability to the carrier minus a deductible not exceeding units of account in the event of damage to the vehicle and not exceeding 135 units of account per passenger in the event of loss or damage to other baggage. In this case, these amounts must be deducted from the amount of damage caused to the passenger as a result of loss or damage to the car or other luggage. Interest accrued on the amount of damages and legal costs are not included in the limits of liability.
The above provisions are of a general nature and establish the limit of liability for damage caused personally to the passenger and his luggage. Their use is intended for transportation abroad, when both the carrier and the passenger are not organizations or citizens of the Russian Federation. If cabotage transportation or transportation in foreign traffic is carried out, but its participants (carrier and passenger) are organizations or citizens of the Russian Federation, the carrier’s liability for harm caused to the life and health of the passenger is determined in accordance with the rules of civil legislation of Russia.
This principle was also observed when the Russian Federation acceded to the 1996 Protocol amending the Convention on the Limitation of Liability for Maritime Claims of 1976. Russia acceded to the 1996 Protocol with the following statements: “... the Russian Federation... will apply to claims for compensation harm caused to the life or health of a ship passenger, the legislation of the Russian Federation on compensation for harm caused to the life or health of a citizen, in full, if the shipowner and passenger are organizations or citizens of the Russian Federation.” As for the limitation of liability for loss or damage to baggage, it does not apply only when transported by cabotage.
The carrier and the passenger may, by agreement in writing, establish higher limits of liability than those provided for in Article 191 of the MCC.
The right to apply the limit of liability is enjoyed by:
1. actual carrier;
2. an employee or agent of the carrier who acted within the limits of his duties (authorities);
3. an employee or agent of the actual carrier who acted within the scope of his duties (authorities).
The limits of liability are applied in the aggregate of the amounts subject to compensation for all claims arising in connection with the death of one passenger or damage to the health of one passenger or loss or damage to his luggage. This means that no matter who is presented with claims for compensation for damage caused, the amount of compensation should not exceed the amount of damage caused (i.e., the principle of full compensation for damage applies), but at the same time, both one-time and periodic payments for damage, caused to the life or health of a passenger must not exceed 175 thousand units of account in relation to transportation as a whole. The calculation is carried out per passenger. In case of loss or damage to luggage, the calculation is carried out taking into account the luggage of one passenger.
The limit of liability applies to the carriage as a whole. This means that when satisfying the passenger's claims against the carrier and the actual carrier, their employees and (or) agents, the total amount of liability of all defendants (co-defendants) should not exceed the liability limit established for this claim. An employee or agent of the carrier (actual carrier) can take advantage of the established limit of liability only if damage to the passenger or his luggage is caused by them in the course of performing the duties (powers) assigned to them.
The guilt of the carrier, his employee and agent is a necessary condition for their liability for harm caused to the passenger and his baggage. For the death of a passenger or harm to his health, liability is possible without guilt if the harm is caused by activities that create an increased danger for others. The form of guilt of the carrier, his employee and agent does not affect the emergence of the obligation to compensate for the damage caused. However, the amount of compensation directly depends on the form of guilt of the harm-doer and the victim himself.
If it is proven that harm was caused to the passenger as a result of the carrier’s own actions or inaction, committed intentionally or due to gross negligence, none of the named causers can refer to the limits of liability established by Article 190 of the Code of Labor Code regarding their own actions or inaction, committed intentionally or due to gross negligence. .
2.2.Peculiarities of liability for loss and damage to valuables
The carrier is not responsible for loss or damage to money, securities, gold, silver, jewelry, ornaments, works of art or other valuables, unless such valuables have been deposited with the carrier, who has agreed to keep them intact. For valuables deposited, the carrier is liable no more than the limit provided for in paragraph 4 of Article 190 of the Code of Labor Code, unless a higher limit of liability is agreed upon in accordance with Article 191.
The conditions of the carrier's liability for loss or damage to valuables comply with Article 5 of the Athens Convention. If an agreement on the storage of valuables has not been concluded with the carrier or a service organized by him and the passenger’s belongings in the form of money, securities, jewelry, etc. are in the cabin, the carrier is subject to the general rules of liability for cabin luggage.
The carrier is liable to the passenger for losses caused by loss or damage to valuables, according to the rules of general civil liability provided for, that is, for guilt, if there are no grounds for recognizing him as a professional custodian. He can be recognized as a professional if the storage activity is his entrepreneurial activity, that is, systematic, independent and aimed at making a profit.
The extent of the bailee-carrier's liability varies depending on whether the storage is for a fee or gratuitously. In the case of paid storage, the custodian is liable for losses caused in full, unless otherwise provided by the contract. In case of gratuitous storage, the liability of the bailee-carrier, who carries out storage as a service additional to the contract of carriage, is limited to the actual damage to the depositor-passenger. The carrier is liable no more than the limit established by the Athens Convention, i.e. 2.7 thousand units of account per passenger for the carriage as a whole.
Intention or gross negligence of a passenger is provided for in Article 189 of the Code of Labor Code of the Russian Federation. If the carrier proves that the intent or gross negligence of the passenger caused the death of the passenger or damage to his health, or contributed to the death of the passenger or damage to his health, or contributed to the loss of the passenger’s luggage or damage to his luggage, the carrier may be released from liability in whole or in part. . In general, this article corresponds to the general civil norm contained in Article 1083 of the Civil Code, which states that damage caused by the intent of the victim is not subject to compensation.
In case of gross negligence, when a passenger violates the usual requirements, obvious to everyone, necessary for his safety, the principle of mixed guilt is applied, when the amount of damage compensated by the carrier to the passenger can be reduced.
Simple negligence of a passenger, in which certain increased requirements are not met, is not taken into account when determining the amount of compensation. When distinguishing between simple and gross negligence of a passenger, not only the behavior of the person is taken into account, but also the degree to which he foresaw the consequences of the violation. Foreseeing the consequences in the form of the inevitability of harm and frivolously expecting to avoid them, the passenger may be recognized as having acted rudely, carelessly, and in this case the amount of damage compensated to him may also be reduced. The question of whether the passenger committed simple or gross negligence, which led to harm, must be resolved in each specific case, taking into account the actual circumstances of the case (the nature of the behavior of the victim, the situation in which the harm was caused, the individual characteristics of the victim; in relation to lost or damaged luggage, the actions of and omissions of the passenger related to improper packaging of luggage, incorrect or incomplete information about the properties of the property being transported, etc.).
The presence of gross negligence can have two consequences. If the gross negligence of the passenger contributed to the occurrence of harm or increased its size, but the carrier was at fault, the court is obliged to apply the principle of mixed fault. If the passenger’s gross negligence was committed in the absence of the carrier’s fault, but the carrier, as the owner of the source of increased danger, is liable without fault, the amount of compensation is reduced. In cases of harm to the life and health of a passenger, a complete refusal of compensation is not allowed, even if there is gross negligence of the victim himself.
The presence of a cause-and-effect relationship between the unlawful behavior of the passenger and the resulting harm, in the absence of the carrier’s fault for the loss or damage to luggage, may lead to the release of the carrier from liability for unsafe delivery of luggage. There is no presumption of passenger guilt. The carrier has the burden of proving that the intent or gross negligence of the passenger contributed to the loss or damage to the passenger's luggage. The above rules may cause certain difficulties in practice. The fact is that Article 6 of the Athens Convention, to which Russia is a party, does not deal with intent or gross negligence, but simply with the fault of the passenger. When transporting a passenger in foreign traffic (if he is not a citizen of the Russian Federation), the Russian carrier may insist on the application not of Article 189 of the KTM, but of Article 6 of the Athens Convention. Moreover, in the event of damage or loss of a passenger's luggage during transportation abroad, the carrier may insist on the application of the Athens Convention, even if the passenger is a citizen of the Russian Federation.
CONCLUSION
In conclusion, the following conclusions must be drawn:
Due to the fact that Chapter 9 of the Merchant Shipping Code is called “Agreement for the carriage of passengers by sea”, it seems necessary to supplement the title of this chapter, namely as “Agreement for the carriage of passengers and luggage by sea”, since this chapter deals not only with the passenger, but also about his luggage.
Article 180 of the Merchant Shipping Code includes the concept of “cabin luggage”. In my opinion, this article contains a certain tautology, namely in comparison with the concept of “baggage”. The point is that cabin luggage is luggage. In this regard, it seems necessary to combine these two concepts into a single definition.
Currently, the transportation of passengers is carried out according to the rules developed by the carrier, and the passenger simply joins them, that is, the “contract for the carriage of passengers by sea” is an agreement of adhesion.
As you know, liability is assumed for both parties to the contract, but Chapter 9 of the Merchant Shipping Code determines only the liability of the carrier. Based on this, one might think that there is no responsibility for the passenger. Such responsibility is based on the principles of guilt. In this regard, I propose to introduce an additional article in Chapter 9 defining the liability of the passenger as a person who has violated the terms of the contract and the rules of transportation.
In various areas of transportation by various modes of transport, the concept of “hand luggage” is used - the passenger’s belongings that the passenger carries with him in the vehicle and the safety of which during transportation is ensured by the passenger.
For example, in railway and air transport this concept is called hand luggage, and in the Merchant Shipping Code the legislator used a different wording of this concept, namely “cabin luggage”. For ease of use, I propose to introduce a single concept of hand luggage for all types of transport.
BIBLIOGRAPHICAL LIST
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3. International Convention for the Unification of Certain Rules on Bills of Lading dated August 24, 1924
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International maritime transport of passengers
Brussels Convention 1961
The international transport of passengers by sea is regulated by three conventions. The International Convention for the Unification of Certain Rules Relating to the Carriage of Passengers by Sea was adopted in Brussels on April 29, 1961. It mainly regulates the carrier's liability for damage caused as a result of the death of a passenger or bodily injury.
Since the Convention did not regulate the carriage of hand luggage and baggage, on May 27, 1967, the International Convention for the Unification of Certain Rules on the Carriage of Passenger Luggage by Sea was signed in Brussels, in which these issues were partially regulated.
Finally, on May 13, 1974, the Athens Convention concerning the Carriage of Passengers and Their Luggage by Sea, prepared within the framework of IMCO, was adopted in Athens. As the name suggests, it covers the transportation of both passengers and baggage.
It should be noted that the main provisions of the Conventions are adopted by the national legislation of a number of countries, including the Russian Federation. In particular, Chapter IX (Merchant Shipping Code of the Russian Federation) “Contract for the carriage of passengers by sea” contains the main provisions of the Athens Convention.
The first of the listed international sources is the Brussels Convention of 1961. - gives definitions of the terms used, establishes the duties of the carrier, and establishes his responsibility. The definition of the concept of “transportation”, linked to the period of time it covers, has important legal significance. The period of carriage of a passenger in accordance with the Brussels Convention of 1961 is the period during which the passenger is on board the ship, the periods of embarkation and disembarkation, as well as transportation of the passenger by water from shore to the ship or vice versa, if the cost of this transportation is included in the price of the ticket, or the vessel used for this auxiliary carriage is made available to the passenger by the carrier. It is within this time frame that the carrier is responsible for its obligations to the passenger.
The Brussels Convention sets out the carrier's obligations. In accordance with Art. 3 one of his main responsibilities is to exercise due diligence in bringing the vessel into a seaworthy condition and maintaining it in such condition. He must complete the vessel with crew, equipment and supplies at the start of and throughout the voyage. And finally, his most important responsibility is to ensure the safety of passengers.
The issue of carrier liability is regulated as follows. It occurs when the carrier is at fault. According to the Convention, his guilt is presumed if the death or bodily injury of a passenger results from a shipwreck, collision, grounding, explosion or fire. In these cases, the burden of proof of innocence rests with the carrier. In all other cases, the burden of proving the carrier's guilt lies with the plaintiff.
The carrier is released from liability if it proves that the death of the passenger or bodily injuries caused to him were the result of the passenger’s fault.
The carrier's liability is limited. The limit of liability established by the Convention should not exceed 250,000 francs. However, national legislation may impose a higher limit on the carrier's liability.
According to the Convention, the carrier is not subject to the established limitation of liability if the damage arose as a result of his acts and omissions, committed intentionally or as a result of arrogance.
The procedure for implementing claims against the carrier in the event of damage includes submitting written notification to him within 15 days from the date of disembarkation. The right to submit a notification is exercised by the passenger himself or it can be submitted on his behalf. In the event of the death of a passenger, claims for damages may only be made by his heirs or other persons entitled to make such claims.
The limitation period is limited to two years. In the case where, as a result of bodily injuries caused to a passenger during transportation, death occurs after disembarkation, the statute of limitations is calculated at three years. The suspension and interruption of the limitation periods are regulated by the law of the court hearing the case, but in any case this period should not exceed the established three years.
International Convention for the Unification of Certain Rules Relating to the Carriage of Passenger Luggage by Sea, 1967
The International Convention for the Unification of Certain Rules for the Carriage of Passengers' Luggage by Sea, 1967, regulates the carrier's liability for unsafe baggage and hand luggage, which were not regulated in the 1961 Convention.
Its main provisions are oriented towards the norms of the 1961 Convention. In particular, the principle of liability for presumed guilt is established, a limitation of the carrier’s liability is established, and the standard limitation period is the same.
At the same time, the Convention contains specific norms. Thus, the carrier’s liability when transporting vehicles is excluded in the event of a navigation error. In addition, he is not responsible for failure to preserve particularly valuable property, unless a special agreement has been concluded with the shipper in this regard. Such property includes securities, gold, jewelry, and works of art.
The Convention establishes the following limits of liability. In case of non-preservation of vehicles, a limit of 30 thousand francs per vehicle is established. If other items are unsafe, the amount is 16 thousand francs per passenger, and if hand luggage is unsafe, it is 10 thousand francs.
Like the 1961 Convention, it contains the important clause that the established limit of liability does not apply where there is gross fault on the part of the carrier.
If the damage is caused by the guilty actions of the passenger, in accordance with the law of the country of the court considering the dispute, the carrier may be released from liability in whole or in part.
As for the limitation period, it is two years.
Athens Convention concerning the Carriage of Passengers and Their Luggage by Sea, 1974
The Athens Convention concerning the Carriage of Passengers and Their Luggage by Sea differs from the two Brussels Conventions discussed in that it regulates the carriage of both passengers and baggage. It introduces new concepts, such as “substitute carrier”, “cabin baggage”, “organization”, establishes increased limits of carrier liability, and determines the jurisdiction of claims.
In the Athens Convention, the term “substitute carrier” is used in the meaning of the concept “actual carrier” used in the Hamburg Rules. This is the person who, being the owner, charterer or operator of the vessel, actually carries out all or part of the carriage. The nature of the relationship between the carrier and the substitute carrier is the same as that established by the Hamburg Rules between the carrier and the actual carrier. legal international transportation damage
"Cabin luggage" under the Athens Convention on the Carriage of Passengers and Their Baggage by Sea, 1974 - luggage that is in the passenger's cabin or is otherwise in his possession, under his custody or control, as well as luggage that the passenger has in his car or on it. The introduction of this concept is important for establishing the limit of liability in the event of loss or damage to cabin luggage.
The Athens Convention understands the term “organization” to be the Intergovernmental Maritime Consultative Organization. In accordance with Art. 26 this organization may convene a conference to revise or amend the Convention.
The Athens Convention focuses on issues of liability. The carrier's liability is based on fault, which is generally presumed. What is new in the Convention is that the burden of proof is placed on the plaintiff to prove that the incident causing the damage occurred during transportation, as well as to prove the extent of the damage.
The Athens Convention established higher limits of carrier liability compared to those enshrined in the Brussels Conventions. In particular, the limit of liability of the carrier in the event of death of a passenger or bodily injury is 700 thousand francs. The limit of liability for loss or damage to a vehicle, including all luggage carried in or on it, has been increased to 50 thousand francs. Liability for loss or damage to luggage, with the exception of a car, is limited to 18 thousand francs per passenger. Finally, the carrier's liability limit for loss or damage to cabin luggage is 12 thousand 500 francs per passenger.
By agreement of the parties, which must be enshrined in writing, higher limits of liability may be established.
According to the Convention, the limitation period is two years. The claim is brought in one of the courts specified by the Convention at the choice of the plaintiff. Thus, he has the right to file a claim in the court of the permanent place of residence or the location of the main office of the defendant, in the court of the place of departure or place of destination according to the contract of carriage. In addition, the plaintiff may appeal to the court of his domicile if the defendant has his place of business in the plaintiff's state and is subject to its jurisdiction. The last option is the court of the state where the contract of carriage was concluded, if the defendant has its office in that state and falls under its jurisdiction.
The Legal Committee of the International Maritime Organization (IMO) has prepared a Protocol to the Athens Convention, in accordance with which compulsory insurance of passengers and baggage is established. To give this document legal force, it must be adopted by a competent conference.
International river transport
Concept of international river transport
Among the main modes of transport, river transport occupies a worthy place in relation to the volume of transported goods and passengers in international traffic.
It has a number of advantages over other modes of transport, which affect the volume of river transport, its intensity and cost. These advantages include: greater carrying capacity compared, for example, with road transport; high capacity of the river route; relatively insignificant costs for equipment and maintenance of a river route, rather than for the maintenance and operation of railways and highways, and some others.
The restraining factor for the intensification of international river transportation is its seasonality and geographical features - the predominance of meridional transportation directions.
International river transportation with the participation of Russia, depending on the nature of the communication routes used, is divided into two groups. The first consists of transportation using only river routes. These are the so-called “purely international river transport”.
These include transportation in the North-Western region. They are represented by transportation between:
Russia and Finland;
Russia and Lithuania;
Russia and Estonia.
This group also includes transportation in the Far Eastern region between Russia and China.
A characteristic feature of transportation in this group is that they are regulated by bilateral agreements at the level, as a rule, of the transport ministries of the participating countries. An example is the Agreement on Cooperation in the Field of River Transport dated November 18, 1993, which was concluded between the Ministry of Transport of the Russian Federation and the Ministry of Railways of Lithuania.
Such agreements establish the procedure for the parties to use river transport when carrying out transportation between states, the conditions for the transportation of passengers, baggage and cargo, and the rules of transit transportation. They establish the most favored nation treatment for the courts of the parties. This mode addresses the following issues:
Free access to ports;
Providing places at the berth;
Use of ports for loading and unloading cargo, boarding and disembarking passengers;
Supplying ships with water and food;
Payment of ship, port, canal and other dues;
Use of other services.
As for the issues of customs, border and visa regime during these transportations, they are regulated by intergovernmental agreements.
The second group of international river transportation with Russian participation includes transportation along river routes with calls at foreign seaports. These transportations are called international mixed river transportations. This group includes:
transportation using the White Sea-Baltic Canal with access to the Baltic, White and Barents Seas;
transportation using river routes based on the Kaliningrad, St. Petersburg and Sovetsky river ports and with access to the Baltic Sea;
transportation along rivers flowing into the Black, Azov and Caspian seas (rivers: Volga, Don, Kuban).
In relation to these transportations, the provisions of paragraph 1 of Art. 3 of the Code of Labor Code of the Russian Federation stating that inland water navigation vessels, as well as mixed (river - sea) navigation vessels, when carrying out transportation calling at a foreign seaport, are subject to the rules established by the Code of Labor Code of the Russian Federation.
At the same time, for obvious reasons, calls by river vessels at foreign seaports are subject to maritime agreements. In practice, the provisions of the Convention on Facilitation of International Maritime Traffic of April 9, 1965 are applied. This international legal source contains simplified requirements for documents presented when entering foreign ports. The Convention contains two important annexes containing standards - documents and resolutions on the adoption of standards, the creation of national and regional committees, the establishment of special working groups and the resolution of certain other issues.
Such documents presented at international seaports include the following.
1) General declaration. It contains information about the vessel (name, description, nationality, registration data, tonnage), information about the captain and crew, includes a description of the cargo, information about the number of passengers, information about the date of arrival or departure, port of arrival or departure of the vessel.
2) Declaration of cargo. In addition to information about the ship and the captain, this document includes data about the cargo: quantity of cargo and its description, brand, serial number, quantity and type of packaging; information about the bill of lading; as well as the port of departure and port of destination.
4) Declaration of personal belongings of the crew. Generally, public authorities require information only about personal items that are subject to duties, prohibitions or restrictions.
5) Ship's role. It contains information about the number and composition of the crew.
6) List of passengers. This document contains the following information about each passenger: last name, first name, nationality, date of birth, place of birth, port of embarkation, port of disembarkation.
These are the main provisions characterizing international river transportation with the participation of Russia. At the same time, there are a number of conventions and agreements of shipping companies and companies of the Danube states that regulate the conditions for transporting passengers, luggage, and cargo by inland waterways. These are, for example, the Agreement between the Danube shipping companies of Bulgaria, Hungary, Romania, the USSR and Czechoslovakia on general conditions for the transportation of goods (Bratislava on September 26, 1956), the Agreement on general conditions for the transportation of goods in international traffic along the river. Danube (Špofok, September 23, 1989), Agreement on Cooperation of Danube Shipping Companies Participating in the Bratislava Agreements (Bratislava, November 6, 1992), Convention on the Contract for the International Carriage of Passengers and Luggage by Inland Waterways (Geneva, May 1, 1976 .).
International transportation of passengers and luggage by river transport
The international carriage of passengers by river transport is regulated by the Convention on the Contract for the International Carriage of Passengers and Luggage by Inland Waterways (CPR), adopted in Geneva on May 1, 1976. This international legal source contains definitions of such concepts as: “carriage”, “passenger”, “ baggage". It provides a list of transport documents issued when transporting passengers and baggage, regulates the carrier's liability for damage caused to persons and for damage associated with the complete or partial loss of baggage and its damage, and establishes a claim procedure for disputes in connection with transportation.
The Convention defines a carrier as any person who, as a professional carrier, undertakes, in pursuance of an individual or collective contract of carriage, to transport one or more persons and, where appropriate, their luggage, whether he himself performs the carriage or not.
When transporting a passenger internationally by river transport, he is issued an individual ticket. It is possible to issue a group ticket to passengers. The absence, incorrect execution or loss of a ticket does not affect the existence or validity of the passenger carriage contract. The passenger's ticket serves as proof of the information contained on it.
If a passenger is transporting baggage, the carrier may issue him, upon presentation of a ticket, a baggage receipt or other similar document indicating the quantity or nature of the baggage. At the passenger's request, the carrier is obliged to issue him a baggage receipt.
Baggage is issued to the passenger upon presentation of a baggage receipt. If there is no receipt, then the carrier is obliged to release the baggage for which the receipt was issued only on the condition that the person claiming the baggage proves his right to it. If there is insufficient evidence, the carrier may require the payment of an appropriate deposit, which is returned after one year from the date of payment. Unclaimed baggage is deposited. It is stored at the passenger's expense.
Issues of liability during the international transportation of passengers by river transport are resolved as follows. The carrier is liable for damage associated with death, bodily injury or any other harm to the physical or mental health of the passenger if the incident causing this damage is related to transportation and occurred either while the passenger was on the ship or during his boarding or disembarking, or in connection with the loading or unloading and delivery of baggage and is due to the fault of the carrier.
The total amount of compensation to be paid by the carrier in connection with the same event cannot exceed 200,000 francs per victim. The parties may agree to a higher limit of indemnity.
As for the carrier's liability for damage associated with the complete or partial loss of luggage and its damage, if the incident that caused such damage occurred during transportation, then it is also based on his fault. Baggage is considered lost if it is not delivered within fourteen days from the date of presentation of the request for its release. If baggage is discovered within a year from the date of request for its release, the passenger has the right to demand delivery of the baggage either to the point of departure or to the point designated for delivery. Having received the luggage, he must return any compensation received for damages associated with its loss.
The amount of payment for damage caused by total or partial loss of luggage or for its damage must be equal to the amount of damage, but cannot exceed 5,000 francs per passenger. In case of compensation for loss or damage to a transported vehicle, the amount paid cannot exceed 15,000 francs per vehicle.
The Convention allows the parties to the contract to set higher limits on recoverable amounts.
The Convention regulates the jurisdiction of disputes between parties to a contract of carriage, and also establishes the statute of limitations for these disputes. For all disputes arising in connection with transportation, the plaintiff may apply, at his choice, to one of the competent courts of both the states participating in the Convention and the state in whose territory, firstly, the main office of the defendant, his habitual residence or office is located, through which the contract of carriage was concluded, or, secondly, the place of departure or destination.
As for the limitation periods, they depend on the nature of the failure of the party to the contract of carriage to fulfill the obligation and the damage caused. The statute of limitations for the death or personal injury of a passenger, established by the 1976 Convention on the Contract for the International Carriage of Passengers and Luggage by Inland Waterways, is three years. It is calculated from the day when the person who suffered the damage learned about it. However, the statute of limitations cannot exceed five years, counting from the date of the incident. In all other cases, the right to bring a claim is extinguished after one year.
It should be borne in mind that the running of the limitation period is suspended by filing a claim in writing until the day when the carrier rejects the claim in writing and returns the documents attached to it. In case of partial recognition of the presented claim, the limitation period is resumed only in relation to that part of the claim that remains the subject of a dispute.
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Mass transportation of passengers at sea began with the discovery of the New World (America), but the peak in numerical terms of sea passenger transportation occurred in the mid-20th century. The busiest shipping routes are along the Atlantic Ocean. With the increase in passenger traffic, the size of passenger ships is also rapidly increasing.
The record holder was the passenger ship: United States. The Atlantic was conquered in 3 days, 10 hours and 40 minutes.
But you have to pay for everything. And such a speed achieved by the liner was a “Pyrrhic victory”, because... at the same time, the costs of the huge amount of fuel consumed canceled out the entire economic component of this line. In the end, United States was laid up.
After the Second World War, with the development of aviation, and especially transatlantic flights, the number of sea passengers sharply declined. It would seem that this is it, the collapse of the world passenger fleet. But a new word is coming into use: cruise (from the English cruise - sea voyage) and the baton of maritime passenger transportation is being lifted by cruise ships.
They become more comfortable, spacious, with numerous services and entertainment, in a word, they fully satisfy the desires of passengers.
Sea cruise lines are very developed. You can book a ferry cruise to Helsinki, Stockholm, or any other port in Europe or the world. Cruises on the Baltic and Mediterranean seas are in great demand.
The cruise fleet today is both the pride of shipowners and the opportunity for people to travel and relax in comfortable conditions.
A modern cruise ship offers the highest level of comfort and a huge selection of activities and entertainment. This is a comfortable “floating” hotel of top class. Cabins, restaurants and bars sometimes even surpass luxury hotels in terms of comfort and service.
Of course, small ones are also very common, because... so-called coastal cruises in the waters of one or two seas.
For example, in Moscow and St. Petersburg, cruises to Helsinki and Stockholm are very popular.
No matter what the most discerning cruise ship passenger decides on, any cruise trip will leave an unforgettable impression and provide the highest level of service and comfort.
1. Sea routes 3
2. Modern means of maritime passenger transportation 4
3. Linear transportation 4
4. Cruise tourism 5
5. Ferry lines and crossings across the straits 9
6. Sailing cruise ships 10
7. Cruises on vintage and traditional sailing ships 11
8. Cruise yacht tourism 11
9. Charter cruise on motor yacht 12
The Eurasian and African continents are in close proximity to each other, and travel is possible by land routes. Australia, the islands of Oceania and the American continents are located at considerable distances, surrounded by oceans, and until the creation of an effective air transportation system at the end of the 20th century, sea communications were the only means of travel. Land routes of trade routes in the absence of a modern road network were extremely labor-intensive and took long periods of time, and were far from safe. That is why, during the era of the Great Geographical Discoveries, people were looking for a short trade sea route from Europe to India, and discovered America and Australia.
Water transportation, both river and sea, pursued uniform goals, most of which are present directly or indirectly in this activity today:
opening of territories. At first, man explored land territories, and we can confidently state that today, at the turn of the 3000th millennium, there are no unknown land territories on the planet.
military - for robbery, export of slaves, forcible seizure of new territories or redistribution of existing borders, change of the existing state system or religion, most of the land territories are divided (fairly or unfairly) between peoples with the consolidation of borders between states, change of religion or state system (or undesirable leader), protection of strategic interests;
colonization of new continental and island territories.
The territory captured by military force needed management and economic development; colonists and emigrants, belongings and domestic animals were transported by waterways; gold, spices, raw materials and goods, mineral and other resources were transported back.
The stages of colonization of coastal and overseas territories are rooted in the deep past. In the ancient history of mankind, colonizations stand out: Egyptian, Phoenician, Indian, ancient Roman, Norman and many others, not even known to us today. Modern history is known for the colonization of the lands of the North American and South American continents, South Africa, Australia and others. The stages of global colonization ended at the beginning of the 20th century with waves of emigration to the United States, although the last two world wars gave rise to powerful waves of emigration. Each new local conflict or redistribution of state borders due to a change in the state system causes waves of refugees, internally displaced persons and emigrants;
trade - finding new safe and efficient routes for transporting goods, for example, tea from China, spices from India and wool from Australia to England and other European countries;
development of water spaces for the purpose of identifying, protecting, guarding and exploiting economic zones (mainly fishing);
study of the underwater spaces of the World Ocean in order to develop the living and mineral resources of the seabed. If the space at shallow depths has been partially developed, then the deep-sea areas are at the stage of study and the beginning of international division. This activity is carried out today and is adequate to the discovery of new lands, since this space is practically unexplored.
However, military and colonial purposes with subsequent intensive migration of people, as well as scientific and fishing purposes, do not belong to the purposes of tourism.
One can begin to discuss water transport for the purposes of mass tourism only under certain conditions. First of all, this:
(a) the inevitable return of the traveler to his place of residence,
(b) traveling for tourism purposes,
(c) time restrictions. These conditions are primarily satisfied by the pilgrimage and nostalgic purposes of travel. Since the times of the ancient Romans, travel has been preserved for the purposes of relaxation and idle time for recovery and treatment at resorts for the small elite of society. It is in this case that the conditions for a temporary, or even more precisely short-term, visit to the destination are met and the traveler returns to his place of permanent residence. Only when sufficient political, economic and social conditions are created in society does the need for travel and tourism arise.
A striking example of this is the history of transatlantic transportation - the fate of the large passenger ocean liner Great Esatern, capable of carrying up to 4,000 people. The ship was created without an objective analysis of the prospects for passenger flows in transoceanic passenger transportation and did not find proper application. There was simply no one and nothing to transport. Let us remember that ships sailing across the Atlantic at that time could only carry 60-100 passengers. Due to lack of loading, the ship was used for other (technical) purposes. Only 50 years after its creation, conditions for tourism arose - a steady flow of travelers formed, and then ships of this class began to be intensively built.
Means of maritime passenger transportation can be classified as follows:
passenger liners of regular coastal navigation lines - within the coastal territorial waters of the state;
passenger liners of regular lines of international flights between ports of different states or between ports of one state, but calling at a port of a foreign state;
passenger liners of regular transoceanic lines;
cruise ships (cruises ships) making 5-15-day or longer voyages calling at several ports of different countries and with a short-term (1-2 days) stop;
ferries performing regular cargo and passenger transportation;
ships for transporting special categories of passengers, for example, pilgrims (special trade passenger ship). Their equipment and operation are regulated by special requirements - Special Trade Passanger Ships Agreement;
high-speed vessels (fast ferries) for passenger ferry transportation - hovercraft, catamarans, hydrofoils;
sailing ships, including training and excursion ships; yachts (sailing, sail-motor and other types);
cruisers and motor boats of all types;
special excursion vessels, including those with a transparent bottom, and tourist submarines;
sea floating hotels (boats).
Based on the presence of effective demand for passenger transportation, shipping companies on the busiest routes organize regular flights of sea passenger ships between ports in various sea basins.
Regular sea transportation is carried out:
between ports located on the shores of the same continent, in cases where there are no land routes or those are ineffective. Norway is a country located along the Atlantic coast of Scandinavia. The mountainous terrain of the area, rugged by deep skerries and fjords, makes the establishment of land communications difficult. Therefore, maritime means of communication play a significant role in the overall structure of transportation. The situation is similar on the Northern Sea Route; there are no land transport routes, although there are no mountain ranges.
for communication between ports of territories separated by water spaces, in the absence of land (underground) communication routes and under conditions of the impossibility or irrationality of using air communications. This is common for island states, states, archipelagos, etc. Regular sea passenger ships are actively used in Greece, Turkey, Japan, Britain, Indonesia, the Caribbean, and the Mediterranean Sea. If these are transportation within one basin, for example the Baltic Sea, then they are often combined with freight and are actually equivalent to ferry services.
Linear transportation services are used by individual travelers, for example, those traveling with personal cars; persons traveling with a large amount of luggage (for example, for permanent residence); tourist groups are much less common. It should be taken into account that the cost of sea transportation, taking into account the duration of the transition and the total costs, turns out to be comparable, and often higher, than the cost of traveling by air. Due to the fact that the main goal is transportation, and not recreation, on these ships much less attention is paid to the entertainment of the trip, although such programs may take place. The main liner transportation is carried out by five groups of shipping companies, called conferences: Atlantic Passenger Steamship Conference, Australia&New Zealand Passenger Conference, British Lines Passenger Conference, Far East Passenger Conference, South American Passenger Traffic Conference, South Africa Passenger Conference.
Liner shipping ships follow a seasonal schedule, tickets are booked and sold in advance. Currently, the majority of passenger and cargo flows on such routes are carried out by ferry.
Let us note another possible type of sea travel for individual tourists. The number of sea freight transport is many times higher than passenger traffic. Any cargo ship can carry up to 12 passengers not included in the ship's role. This type of service is offered at any port and is convenient for a certain category of travelers, for example, when there is no regular passenger service to the destination port. Of course, the comfort is significantly less and there is no entertainment, but the cost of transportation is adequately reduced.
The idea of recreation on the water and on sea voyages has been known since the times of the ancient Romans and Greeks. Island countries and countries with archipelagos and archipelagic spaces and long coastlines, such as Greece, actively used sea transport for passenger transport. The activation of the cruise business began in the middle of the 19th century during the era of the formation of tourism. Seaside holidays began in England. In 1835, pleasure flights between Britain and Ireland were organized and operated regularly. Subsequently, specialized cruise companies were organized, including in the Mediterranean basin. The German company Reisenbureau Schtangen (established in Breslau in 1863) organized cruise trips for wealthy Germans. Thomas-Cook actively used in his practice the organization of all types of sea voyages, and one of the popular voyages was the route from Great Britain to the Black Sea.
During the period of Nazi Germany in 1933-1938. The idea of “folk tourism” was realized, which laid the foundation for social tourism. The rich must provide rest for the other (the poor), subsidized (budget) and trade union funds were used. Cruise vacation opportunities for German tourists were actively used. After the war of 1941-45. cruise routes were resumed, but due to the very high cost they became the lot of only the wealthy class of Europeans.
But the cruise business truly flourished only in the 70s. It was then that the idea of cruise travel, very attractive and full of entertainment, was realized in the USA. This program targeted middle class Americans who once again gave shipping companies lucrative jobs. Cruise ships began to be built of the same type, which simplified their operation. The organization of sea cruises has quickly turned into a profitable tourism business. This happened thanks to a new concept for the methodology of servicing cruise tourists, which was put forward and implemented by the chief marketer of the cruise company Carnival, Bob Dickenson, who previously served in the Ford company.
By this time, a highly solvent demand for luxury tourism had also formed; cruise tourism met these requirements and found its own specific segment of the sustainable consumer market, primarily in the USA. New concepts of tourist services were developed with a high level of service and, most importantly, a wide variety of entertainment on board the ship. Ground handling technology has undergone significant changes, requiring new port terminals with high throughput and methods for efficient ground handling of large flows of cruise passengers.
The principles of organizing cruise routes have also been formed. The actual cruise routes can be divided as:
circular routes in a certain basin, for example, the Mediterranean Sea, calling at 8-12 ports of various coastal countries and popular seaside resorts;
open jaw routes, for example, around Europe, Scandinavia and others, when tourists follow only one end of the route;
short trips to sea for 2-3 days. These are the so-called flights “to nowhere”. Often such flights are used for special purposes, for example, to organize a gambling business. For example, in Israel, gambling is prohibited, but on ships leaving the territorial sea, such gambling is acceptable.
coastal boat excursions and pleasure cruises;
long routes and trips around the world lasting up to six months.
According to the geography of active cruise activity, the following are distinguished: the Gulf of Mexico, the Caribbean Sea, the Panama Canal; Mediterranean basin; cruises around Scandinavia with visits to the deep Norwegian fjords; cruises around Europe with visits to capital cities, cruises in the Baltic and long cruises from North America around the Cape of Good Hope, the Indian Ocean and further to Indonesia and Australia; cruises in Oceania; cruises and areas of Australia.
One of the largest cruise companies is Carnival Corp. It includes several cruise companies: Carnival Cruise Line (11 cruise ships), Holland America Line (8 cruise ships), Windstars Cruises (3 cruise ships), Seaborn Cruses 50% (3 cruise ships), Holland America Westours (excursions, hotels, small boats in Alaska), 13 private car rental companies in Alaska, 50% of companies operating riverboat casinos in the USA, 50% Airtours (UK tour operator + 3 cruise ships), 65% Costa Crociere (7 cruise ships). In general, the corporation offers almost 20 thousand seats on cruise ships in consumer markets.
Only slightly behind is the Royal Caribbean corporation, which owns 19 thousand places on cruise ships on 550 cruise routes. Royal Caribbean has been operating in the tourism market for more than 25 years. The central office is in Miami (Florida, USA). It has its own fleet of 9 unique luxury ocean cruise ships. Owns the CocoDay Island in the Caribbean Sea, intended exclusively for cruise tour participants. The company offers 40 cruise tours in the Caribbean Sea, the Panama Canal, and along the Mexican coast. All types of food are provided to tourists on the ship free of charge, with the exception of alcoholic drinks. In total, the company uses more than 130 ports of call for tourism purposes and provides many interesting excursion and entertainment programs. Tours have different durations - from 3 to 15 days. All passengers for the duration of the tour are provided with company credit cards. The company annually serves more than 800 thousand tourists and offers a wide range of seasonal discounts.
In 1995, RCCL served more than 900 thousand tourists. The fleet includes modern super-giant comfortable liners: Splendor of the Seas with a displacement of 70 thousand tons, 2040 passengers, which, among other things, has an 18-hole golf course and a museum with an expensive collection of 2000 exhibits, Legent of the Seas, capable of transporting more than 1800 tourists.
SEABOURN Cruise Line is an American cruise company (one of the best in the world), specializing in luxury sea travel to all parts of the world. The duration of cruises is from 5 to 120 days, respectively, the cost is up to 30 thousand USD. The list of cruise destinations includes: transatlantic cruises, cruises to the Caribbean islands and the Panama Canal, the Mediterranean, the Baltic Sea and the Baltic countries, Scandinavia and Europe, cruises along the African continent with a visit to South Africa, including safaris in the largest national parks, cruises to the coasts New Zealand and Australia. Each cruise has its own professional rating among cruise companies, for example, Top Rating Vendors Cruises & Ports of Call and others published in the Frommers Cruisers Guide. The company runs several large tourist discount programs: a significant part of the voyages are accompanied by prominent scientists, artists, celebrities from Hollywood, etc. Some cruise programs have an increased component of interesting shore excursions; visits to ports are timed with major sporting events, festivals, carnivals, national and religious holidays of interest to tourists. Safaris and tourist trips into the interior of the port country for several days are practiced.39
It should be noted that the main consumers of cruises are Americans, with the largest volume of cruises taking place in the Caribbean (55%), and significantly less in the Mediterranean (10%). Exotic cruises to the Alaska region stand out separately - criuse in Alaska. They hold a steady 8.5% of the North American cruise market. Holland America Line carries out 88% of all cruise traffic in the Alaska region and serves up to 350 thousand tourists annually. Tourists are served by 12 cruise lines. The largest port of Vancouver receives cruise ships in Canada; there are two powerful terminals with deep-water berths for ocean cruise ships, Canada Place and Ballantyne Pier.
Among the large port centers where the cruise business is developed, Miami (USA) and Genoa (Italy) should be mentioned. In the Indian Ocean, Singapore holds the lead, but is actively laying claim to the title of cruise center of the UAE, where they are actively building a new port with a deep-water harbor. If in 1993 one cruise ship made a call to Dubai, then in 2000 the number of calls was 170 (25 thousand passengers), and the 2001 schedule was planned to receive 340 flights (75 thousand passengers). Dubai is included in the Grand Tour program and is becoming a popular cruise destination.
In Canada there is a popular port for cruise ships: Vancouver, in the Pacific Ocean - the Hawaiian Islands, and in Russia - Murmansk (the main port of the nuclear fleet). Cruises to the shores of Antarctica and on nuclear icebreakers to the North Pole are popular.
An icebreaking safari tour is popular among a certain part of tourists - a cruise on an icebreaker ship to the Arctic or Antarctic beyond the Arctic Circle with a passage through the ice. Cruises to Antarctica with tourists landing on the Southern Continent and nearby islands are well known and quite widespread. Such cruises are organized by Exodus from the southern Argentine port of Ushuaia to nearby areas of Antarctica, visiting a number of islands (Galapagos, Falklands, South Georgia, King George Islands, Livingston and others) and part of the ice continent located north of the Antarctic Circle. This is the most accessible part of the sea in Antarctic waters. The Russian ice-class research vessel “Akademik Ioffe” (6050 tons displacement, 53 crew, 100 passengers) is used for navigation. The ship is specially equipped for tourist purposes; passengers are provided with comfortable cabins. Tourists in small groups of 12-15 people. on powerful inflatable boats with motors they land on the coast of islands, fast ice and icebergs. An Antarctic cruise costs between £2,500 and £7,000. The periods of expeditions are from November to May annually. The duration of cruises is from 10 to 40 days depending on the route. The cruise is accompanied by experienced polar scientists, guides, and a photographer who have long experience working in Antarctica and sailing in this area. Tourists can see live penguins, sea lions, sperm whales and other exotic marine animals in their natural habitat, huge icebergs, and beautiful panoramas of the ice continent. Reservations for ice cruises are made almost a year or more in advance.
No less popular are cruises to the Arctic, including to the North Pole, which is closer to Europeans. In 1991, a Soviet nuclear icebreaker made an ice voyage for scientific purposes to the North Pole and, in an atmosphere of the strictest secrecy, a tourist group consisting of an Arab sheikh and accompanying persons (and a harem) numbering almost forty people followed. This was the first experience of using nuclear icebreakers for tourism purposes, which was done to the detriment of scientific programs, but made it possible to solve the issues of financing expeditionary work in a way that was unconventional for post-Soviet science.
Currently, even during the construction of nuclear icebreakers, the possibility of transporting tourist groups on them is designed in advance, luxury cabins are built and other tourist services are provided. The nuclear-powered icebreaker "Yamal" is actively used for tourist cruises to the North Pole. The ship offers tourists 50 comfortable cabins. In total, the ship accepts no more than 100 tourists, the crew consists of 150 people. The route runs from Murmansk through Franz Josef Land, to the North Pole and then returns with a stop at the northern and southern extremities of the Severnaya Zemlya islands - back to Murmansk. At the North Pole, tourists are offered a day stop and a wide range of entertainment, including winter swimming in the ice hole. Such cruises are represented on the tourist market by the Poseidon company. On average, the cost of a cruise to the North Pole is from 15,000 USD and above, the demand for tours is exceptionally high, tours are partially booked for three years in advance.40
No less exotic are sea cruises to Iceland, Greenland and the polar regions of Northern Canada. These cruises are also operated by Exodus on the Russian vessel Akademik Ioffe, which leaves Antarctic waters for cruises in Arctic waters as the seasons change. The ship takes tourists to Edinburgh in the UK, then proceeds through the Faroe Islands to the shores of Iceland. Tourists visit Reykjavik and other northern ports of the island, as well as Greenland - the port of Kangerlussak. Some routes include visits to Hudson Bay. Tourists try their hand at kayaking, watch the birth of icebergs, and land on the islands.
In Finland, for the winter tourist season, an original route is offered with a visit to Rovaniemi - the birthplace of Santa Claus and then a two-day cruise on the icebreaking ship Sampo from the port of Kemi to the north of the Gulf of Bothnia beyond the Arctic Circle with tourists going out onto the ice and diving under the ice for scuba diving enthusiasts. Those who do not want to dive under water have the opportunity to swim in the icy water in a special wetsuit. These tours are organized by the Finnish company Long Tour Ltd.
A striking example of a sea ferry crossing is the English Channel crossing, which is rightfully considered the most stressful in the world. Vessels of almost all designs and types operate at this crossing. There is active transportation of both passengers and ground transport - from bicycles to trains. The shortest route Dover - Calais is the most popular. But for tourist routes, lines connecting other ports on the coasts of Great Britain and France, for example, Poole and St. Malo, are also used. On this route in the summer season from May to the end of September, huge high-speed Condor trimarans are used, capable of carrying cars and motorcycles with tourists. Along the way, the ferry calls at the popular islands of Jersey and Guernsey, which are offshore zones with all the ensuing consequences66 and therefore very attractive to tourists. The ships have a duty free shop, club class67, and the Frequent Traveler Club program. For tourists traveling there and back, a ticket costs up to £44, for two passengers with a car - £154. There is an option for a tourist route to the popular port of Mont St. Michel in Normandy. Travelers are offered a variety of personal insurance programs AA Five Star Europe Personal Insurance £4.5 per day and A A Five Breakdown Assistance £10.5 per day for vehicle owners. These programs provide a 24-hour assistance service for travelers, reimbursement of expenses for insurance cases up to £25,000 (life insurance) and £75,000 (for vehicles).
Regular ferry lines connecting the islands of Britain and Ireland and the continent are active and almost all-season. The crossing in the Strait of Messina (between mainland Italy and the island of Sicily) is considered no less stressful. Many ferries operate between the islands of Greece, Indonesia, and archipelagic states.
Almost all cities located in river deltas or skerry areas have ferries to cross rivers, channels, and bays. There are more than 100 ferry crossings in the North and Baltic Seas. Within the former USSR, the oldest railway ferries operate on the Caspian Sea and in the Kerch Strait. There is a ferry crossing across the Black Sea on the line Odessa (Ukraine) - Varna (Bulgaria). There is an active ferry service between the continent and Sakhalin Island. A large number of ferries operate between the islands of Japan.
For short-distance crossings, ships and special ferries of the double-ender type are used (entry and exit to the transport deck on both sides); these ships do not require a turn to berth and unload vehicles.
On a number of busy routes, special high-speed small and large ferries of various designs are used, including hovercraft, hydrofoils, and catamarans. The designs of ferries differ in purpose and duration of voyages. If these occur within a day, then ships, as a rule, do not have sleeping cabins, but deck spaces are actively used. Passenger lounges are equipped with panoramic viewing windows and soft seating. On ships intended for short ferry trips, a minimum of services for passengers is provided; if the flight is delayed for several hours or is international, then entertainment and duty-free and tax-free shops are provided.
Monohull68 ferry Silvia Ana (Argentina, Buenos Aires) has impressive dimensions: 125 m long, 18 m wide, only 4 decks (two for passengers and two for cars), the ferry carries 1228 passengers and 244 cars and 4 buses, the speed of movement is up to 40 knots, the ferry is served by 27 crew members.
The giant high-speed catamaran ferry Stena Explorer, plying between Ireland and Britain, measures 126 m long, 40 m wide, and carries 1,500 passengers, 375 cars or 100 cars and 50 buses or cargo trailers. Drive - gas turbines. Movement speed up to 40 knots. The ship travels 60 nautical miles in 99 minutes. The vessel was built at a shipyard in Finland and is maintained by a team of 45-75 people.
Wave Piercing Catamaran - WPC ocean catamaran is a giant ocean passenger ferry built in the UK in 1990 and commonly known as SeaCat. The vessel is high-speed, easily travels at a speed of 35 kilowatts even with a fairly large wave; in calm weather the speed can reach 40 kilowatts. It can accommodate 450 passengers and 84 cars. Designed (originally) for use in the English Channel. On June 23, 1990, SeaCat set a record for sailing across the Atlantic - crossing the ocean at an average speed of 36.6 kilowatts in 3 days, 7 hours and 48 minutes.
Particular consideration should be given to the sale of ferry passes. For short shuttle trips on local regular lines with a massive passenger traffic, for example, across the bay separating two parts of a seaside city, tickets are sold immediately before the ship departs on shore or immediately upon loading and on the ship.
This service principle when selling tickets is called first come first served. In Russian it sounds something like this: “Whoever didn’t have time is late” or “Whoever came first will be first served.” In reservation systems, when requesting ticket availability, unambiguous information is provided about the availability of seats at the time of the request. For residents who frequently use ferry services due to circumstances, multi-trip or seasonal tickets are sold. For international ferry lines, tickets, taking into account the class of accommodation, are sold in advance through agencies or automated booking systems. For residents of visa-free countries, international ferry travel is easier than for residents of other countries that require visas.
For ferries, the problem of increased safety and a large number of life-saving equipment is relevant. Ferry disasters happen every year and are accompanied by the death of a large number of people. In the technology of organizing ferry crossings, great importance is given to the construction of properly equipped berths for quick loading and unloading of vehicles and other loading and unloading operations. In seaports where the tide ebbs and flows, complex devices are used to change the height of the quay wall.
Sailboats do not lose their attractiveness as cruise passenger ships today. Cegelec operates the Club Med 2 cruise ship, which is not a sailing vessel, but nevertheless has five large masts with sails and a sophisticated electronic sail control system.
The Star Clippers company is actively operating, carrying out cruises in the Mediterranean, the Caribbean, transoceanic crossings, and sailing in the Far East on three luxury sailing ships Royal Clipper, Star Clipper & Star Flyer. Royal Clipper vessel - 5000 tons, 120 m length, five masts, 106 people. crew, 226 people passengers, Star Clipper & Star Flyer - 107 m length, four masts, 70 people. crew, 170 people. passengers.
The sailing region is determined by seasonal weather conditions. Duration of cruises from 7 and 14 days. Cruise prices range from 2000 to 5000 USD. Cabins are divided into six categories (including DeLux class with a double bed), with twin beds or bunk berths, and there are triple cabins. The Royal Clipper has single cabins. All cabins are equipped with showers and toilets of varying comfort. Cruise programs are announced for the whole year and include calls at many ports and tourist centers adequate to the sailing area. The company cooperates with British Airways and transfers passengers at intermediate ports. The capacity of the vessels is up to 170 passengers. Special programs for newlyweds, organization of conferences and holidays are offered. Passenger service is very elite, varied and exotic food, non-smoking lounges, opportunities for water sports, interesting excursions and much more.
This type of tourism is actively developing in Europe and the USA. In private ownership and in the ownership of various companies, a large number of class “B” sailing ships (which accommodate from 6 to 40 passengers) have been preserved, built at the beginning of the century, or today, but according to ancient drawings and in compliance with traditional construction methods. Cruises on such ships represent an independent tourism product for people who love travel, nature, the sea, peace and cultural and historical surroundings. There are two ways to go on a trip: either buy an individual tour and join a planned route, or rent a ship with a captain and choose the direction and theme for the trip yourself.
The Danish company Danish Schooner Charter organizes a number of different themed cruises, in which you can be both a passenger and a participant: participation in local and international regattas, a “three generation” cruise (family), golf cruise, gourmet cruise, etc. Cost The cruise varies depending on the ship, the duration of the voyage and the services provided: participation in the Cutty Sark 2001 regatta (one passage, 6 days), for example, costs 551 USD for an adult, 420 USD for youth (15-25 years old) . If a company or group of friends wants to go on an independent trip, they can rent the boat outright. For example, the cost of daily rental of a 24-passenger high-class schooner Najaden in the Stockholm archipelago costs 5,700 USD.
Another company, de Zeilvaart (Netherlands), operates 70 traditional schooners, ranked by quality of service from to.
The company provides charter sailing ships for groups of 8 to 34 people for sailing in the Baltic. off the coast of Great Britain, France, the Canary and Bolearic Islands. The demand for such cruises is quite high - the company serves up to 70,000 guests annually. The cost of a day cruise on a ship (30 people) is about 15,000 US dollars. Additional, but no less intensive, tourism products on sailing ships are business receptions, intensive programs for companies, and organization of presentations of new products and services.
A significant part of sailing yachts are private vessels. A yacht is an expensive purchase, comparable in cost to a high-end car, and is affordable to people of the wealthy middle class. In addition, maintaining a yacht is a troublesome task, requiring special knowledge and skills, and, most importantly, great desire. Vacation on a yacht is an exciting and romantic entertainment, sung by poets and writers, and is widespread in most developed countries of the world, especially in Europe, America and Australia.
Professional yachtsmen and amateurs are united by yacht clubs - communities of people with similar spirits and interests. Yacht clubs organize communication between people, organize competitions, long and short cruises. Yacht clubs in various European countries are united into Cruise Associations. For example, the Swedish Cruise Association consists of 150,000 members - yachting enthusiasts. The first yacht club in the history of sailing was the Irish Club of Cork. In Russia, the first yacht club was the Imperial one in St. Petersburg (1846), currently the St. Petersburg River Yacht Club of Trade Unions.
Yacht parking (marinas) provide storage and repair services for yachts and boats. In freezing waters, yachts are stored ashore for storage; for this purpose, marinas have special slipways and ship-lifting devices, workshops for repairing ships, sailing equipment, and navigation instruments. Companies located in the marina offer training and improvement services in navigation, charter of yachts and boats, special and routine repairs of yachts and boats, rescue work, booking services and freight, including through computer networks. Maintaining moorings in the harbors of coastal and lake centers for yachts and motor boats is a whole industry. These are guarded parking lots, in spaces protected from waves by the breakwater, with electricity supplied on board, refueling services, food, repair services and others. Parking lots are usually maintained by special companies - marina operators. The cost of parking a boat 10-12 m long costs the owner 10-15 USD per day. Not everyone gets a place at the berth; some yachts and boats are moored in the harbor on a buoy; they are reached from the shore by boat, for example, on the widely used inflatable boat dinghy. A small inflatable boat or raft is used on ships moored in a roadstead or near the shore (if there is no sufficiently deep-water berth protected by a breakwater) for communication with the shore.
The vast majority of private yachts belong to family owners. This determines the specifics of yacht travel. A significant proportion of yachts are corporately owned by large international companies.
Family yacht cruises are characterized mainly by short-term sailings, on weekends, during school holidays. Cruises on inland waterways (Göta Canal in Sweden, Saimaa water system in Finland, inland waters of Europe, etc.) are very popular. They are attractive because you can visit many interesting places in a short period of time, and also avoid the need for long sea crossings. Archipelagic cruises are also a popular itinerary choice.
Every year, cruise associations from various countries help their members organize long-distance yacht trips. In 2000, St. Petersburg was visited by a flotilla of English yachts, The Millennium Rally 2000, organized by the Cruise Association of Great Britain. 40 motor and sailing yachts overcame hundreds of sea moss in order to come to St. Petersburg. 10 yachts continued sailing along the inland waterways of North-West Russia, took part in the Blue Onego 2000 regatta. A small part of these yachts entered the White Sea along the White Sea-Baltic Canal and, having rounded
Scandinavia, returned to Great Britain by the northern route. This project became the first such large organized trip of foreign yachtsmen to the North-West of the Russian Federation.
Purchasing and operating a motor yacht (cruiser) is a very expensive undertaking. The cost of some serial models is close to 1 million USD; a yacht built and equipped according to an individual project exceeds this figure by 2-3 times. A motor yacht is a small private cruise ship where the crew often outnumbers the number of guests. The conditions and service on board the motor yacht allow guests to feel like V.I.P. Cruiser owners use their vessels in two ways: for vacation themselves and for charter to special brokerage charter companies. These types of companies are especially common in the US, UK and Australia. The company operates a group of motor yachts in various regions of the world, which are transferred to its management by private owners.
Typically, such motor yachts are offered with a full crew, which necessarily includes a high-class chef and stewards. The duration of the cruise depends on the client’s wishes and averages 1-2 weeks. The cost of a motor yacht cruise varies depending on the type and capacity of the yacht, the number of crew employed and the duration of the voyage. It is usually presented on an all-inclusive basis, although other options are possible, then the cost of food, fuel, parking, communications and other services amounts to up to 20% of the total charter cost. As an example of the cost, we can cite the prices of the American company Yachtsore for a weekly charter of a 37 m long motor yacht (7 guests/4 crew) - 35,000 USD; yachts 43 m long (10 guests/7 crew) - 75,000 USD; 52 m long (12 guests/9 crew) - 185,000 USD; 68 m long (12 guests/16 crew) - 245,000 USD.
The cruiser's route will be planned according to the wishes of the guests. A charter company can offer a number of interesting ideas: adventure charter - a cruise to exotic corners of the earth, a round the world cruise, cruises to Alaska or the Amazon River; sports charter - participation or observation of competitions, underwater photo safaris, ocean fishing; corporate charter - the use of motor boats as executive yachts during major exhibitions, competitions, festivals (Cannes Film Festival, Monaco Grand Prix, golf competitions), incentive programs, organization of trade missions. Despite the high cost, chartering such vessels is very popular; yachts are booked, for example for Christmas or New Year's holidays, 1-1.5 years in advance.
APPROVED
by order of the Ministry of Transport of Russia
from _____________ No._____
Rules
sea transportation of passengers
I.General provisions
1. The rules for the carriage of passengers by sea (hereinafter referred to as the Rules) were developed in accordance with the Athens Convention on the Carriage of Passengers and Their Baggage by Sea of 19741 and Chapter IX of the Federal Law of 01.01.01 “Code of Merchant Shipping of the Russian Federation”2 (hereinafter referred to as the Russian MSC ).
2. These Rules apply when carrying out international sea transportation of passengers and their luggage, as well as when carrying out sea transportation of passengers and their luggage between seaports of the Russian Federation on ships sailing under the State Flag of the Russian Federation (hereinafter referred to as transportation).
3. Carriers have the right to establish rules (standards) for passenger service, as well as for the carriage of passengers by sea (hereinafter referred to as the carrier’s rules), which must not contradict these Rules and worsen the level of passenger service.
4. The passenger is obliged to comply with the legislation of the Russian Federation, international treaties of the Russian Federation and the legislation of the country to, from or through the territory of which passengers and luggage are transported, relating to the carriage of passengers, requirements related to border, customs and other types of control.
II. Registration of transportation of passengers and luggage
5. In accordance with Article 177 of the Russian Labor Code, under a contract for the carriage of passengers by sea, the carrier undertakes to transport the passenger to the destination and, in the case of the passenger checking in luggage, also deliver the luggage to the destination and hand it over to the person authorized to receive the luggage; the passenger undertakes to pay the established fare when checking in luggage and the baggage transportation fee.
6. The conclusion of a contract for the carriage of passengers by sea is certified by a ticket, and the passenger’s check-in of luggage is certified by a baggage receipt. The ticket and baggage receipt are transportation documents and must be kept by the passenger until the end of the trip.
7. When transporting passengers and luggage, these Rules, the carrier’s rules and tariffs for the transportation of passengers and luggage, which are valid on the day of purchase of transportation documents, apply.
The carrier's rules may be changed by him without notifying passengers, provided that the changes do not apply to the passenger after the conclusion of the contract for the carriage of passengers by sea.
8. A passenger has the right to purchase a ticket for any passenger seat if there are free passenger seats on the ship for travel to any destination along the ship’s route.
9. The carrier places information about the name of the ports between which passengers are transported, the time of departure and arrival of the vessel from/to the ports along the transportation route, and the name of the vessel at passenger service points, including points of sale of passenger tickets and on ships. Information about all changes is also posted there.
10. A separate ticket is issued for each passenger, which can be issued in electronic or paper form. Tickets are sold based on the number of seats available on the ship.
11. The forms and procedure for payment for passenger travel and baggage transportation fees are established by the carrier.
12. Transportation documents are checked when a passenger boards the ship.
If the execution of transportation documents is carried out on a ship, then they can be checked when the passenger is placed on the ship, while the ship is en route, or when the passenger disembarks from the ship.
13. Registration of transportation documents for special or preferential tariffs is carried out on the basis of documents provided for by the legislation of the Russian Federation, confirming the passenger’s right to a discount or application of a special tariff.
The absence or incorrect execution of these documents serves as grounds for refusal to issue transportation documents at preferential or special rates.
14. The age of the child is determined on the date of commencement of his transportation from the port of departure, indicated on the ticket.
15. The passenger has the right to carry with him free cabin baggage within the established norm (hereinafter referred to as the free cabin baggage allowance).
The free cabin baggage allowance is set by the carrier depending on the type of ship and cannot be less than 10 kilograms per passenger.
16. Cabin baggage exceeding the free cabin baggage allowance must be paid at the baggage rate.
17. If passengers travel in a group, then, at the request of the passengers, the carrier applies to these passengers the sum of the free cabin baggage allowance for each passenger.
18. When concluding an agreement for the carriage of a passenger by sea, the carrier is obliged to provide the passenger with reliable and complete information about the conditions of transportation, including:
information specified on the ticket;
about the name of the vessel;
on the standards for free carriage of cabin baggage, items and things prohibited for transportation, conditions for the carriage of baggage;
on tariffs for the transportation of passengers and baggage;
about these Rules;
about the carrier's rules;
about the actual carrier;
about the place and time of the beginning and end of passengers boarding the ship;
on the requirements of the legislation of the Russian Federation related to border, customs and other types of control along the transportation route;
about the conditions of service on board the ship.
19. If the ticket was declared lost by the passenger or the ticket was incorrectly issued or damaged, the carrier is obliged to immediately take all measures within his power to establish the fact of the conclusion of the contract for the carriage of the passenger by sea.
If it is established that the contract for the carriage of passengers by sea has actually been concluded, the carrier shall transport the passenger in accordance with the terms of the concluded contract for the carriage of passengers by sea and issues a duplicate ticket.
III. Transportation of certain categories of passengers
20. A minor citizen of the Russian Federation, as a rule, leaves the Russian Federation together with at least one of his parents, adoptive parents, guardians or trustees. If a minor citizen of the Russian Federation leaves the Russian Federation unaccompanied, he must have with him, in addition to his passport, a notarized consent of the named persons for the departure of the minor citizen of the Russian Federation, indicating the period of departure and the state(s) he intends to visit1 .
21. Children under two years of age are transported accompanied by an adult passenger or a passenger who, in accordance with the civil legislation of the Russian Federation, has acquired full legal capacity before reaching the age of 18.
Children aged two to 12 years may be transported accompanied by an adult passenger or a passenger who, in accordance with the civil legislation of the Russian Federation, has acquired full legal capacity before reaching the age of 18, or unaccompanied by the said passenger under the supervision of the carrier, if such transportation provided for by the carrier's rules.
Children over 12 years of age may be transported unaccompanied by an adult passenger or a passenger who, in accordance with the civil legislation of the Russian Federation, acquired full legal capacity before reaching the age of 18.
22. Unaccompanied children aged from two to 12 years can be transported under the supervision of the carrier only after the parents, adoptive parents, guardians or trustees, in accordance with the carrier’s rules, have submitted a written application for the transportation of a minor child. At the request of parents, adoptive parents, guardians or trustees, transportation under the supervision of the carrier may extend to children under 16 years of age.
23. The passenger has the right to carry with him free of charge in foreign traffic in accordance with the reduced fare one child under two years of age without providing him with a separate seat. Other children under the age of two years, as well as children aged from two to 12 years, are transported in accordance with a reduced fare and are provided with separate seats1.
24. Transportation of a passenger recognized by the court as incompetent is carried out upon a written application from parents, adoptive parents or guardians and accompanied by an adult passenger capable of ensuring the safety of the incapacitated passenger and the safety of surrounding people.
25. Transportation of a passenger in a wheelchair who is unable to move independently, or a patient on a stretcher is carried out accompanied by a person caring for this passenger during transportation.
The carrier's rules may provide for the transportation of a passenger in a wheelchair who is unable to move independently, or a patient on a stretcher under the supervision of the carrier.
Transportation of a patient on a stretcher can be carried out with the provision of additional seats on the ship at the rates established by the carrier.
The carrier has the right to refuse to transport a passenger in a wheelchair, unable to move independently, or a patient on a stretcher if the conditions necessary for the carriage of such passengers are not available on board.
26. The carrier must provide the necessary conditions for the placement and movement inside the ship of passengers in wheelchairs (special doors, platforms, seats, fixation and fastening devices, special handrails and other equipment, as well as luggage compartments for storing wheelchairs), if the availability of such premises and equipment provided for by the design of the vessel.
27. A passenger deprived of vision and/or hearing is transported with or without an accompanying person under the supervision of the carrier, if such transportation is provided for by the carrier’s rules.
28. Transportation of a passenger deprived of vision may be accompanied by a guide dog upon presentation to the carrier of a document confirming the disability of this passenger and a document confirming the special training of the guide dog.
A guide dog accompanying a visually impaired passenger is transported free of charge in excess of the established free cabin baggage allowance.
29. A deaf passenger, in agreement with the carrier, may be transported without an accompanying person.
30. An unaccompanied passenger who is deprived of vision and/or hearing, a passenger in a wheelchair who is unable to move independently, or a patient on a stretcher is accepted for transportation under the supervision of the carrier in agreement with the carrier and after a written application for transportation under supervision is completed in accordance with the carrier’s rules carrier.
IV. Boarding (disembarking) and staying on the ship of passengers
31. During international transportation, the passenger must have exit, entry and other documents required in accordance with the legislation of the country to, from or through the territory of which the transportation will be carried out in accordance with the established procedure.
32. The passenger must arrive in advance, no later than the time established by the carrier and at the address indicated by the carrier, to check in baggage if necessary to fulfill the requirements related to border, customs and other types of control, as well as to the place of boarding the ship.
33. At the port, the carrier provides:
boarding (disembarking) passengers on the vessel, delivering passengers to the vessel's parking area if necessary;
baggage registration, delivery of baggage to the ship's parking place, loading, placement and securing of baggage on board the ship, as well as unloading, transportation and delivery of baggage to passengers.
34. The carrier is obliged to ensure organized and safe boarding (disembarkation) of passengers, as well as control over passengers going ashore and returning them to the ship at ports along the transportation route.
35. The order of boarding and disembarking of passengers, as well as the possibility of seeing off/meeting people on the ship are established by the carrier.
36. It will be permitted to begin boarding and disembarking passengers at the berth only after the vessel has been fully moored and the ladder has been installed. In this case, passengers board the ship after passengers disembark.
37. Delivery of passengers and luggage to the shore from a ship stationed in the roadstead, as well as from the shore to a ship stationed in the roadstead, is ensured in accordance with the requirements for navigation safety established by the General Rules for the navigation and mooring of ships in the seaports of the Russian Federation and at the approaches to them1. The cost of such delivery is included in the cost of carriage of the passenger.
38. After boarding the ship, passengers must be informed:
on the procedure for using passenger premises;
on the layout of the ship's premises intended for use by passengers;
on the rules of conduct for passengers on board the ship;
on the procedure for the use and location of individual and collective rescue equipment, the procedure for evacuating passengers;
on the operating hours of ship passenger service points;
about the place of baggage collection at the port of destination.
39. Information on the ship must be transmitted in Russian. Additionally, at the discretion of the carrier, information may be transmitted in other languages.
40. The passenger must have with him:
transportation documents and documents giving the right to transportation at special or preferential rates;
passenger identification documents;
documents permitting entry (passage) into border zones2, and visas.
41. The carrier is obliged to inform passengers in advance about the ship’s approach to the pier for disembarkation, indicating the duration of the stay in the event of a stop at an intermediate port.
42. In the event of a ship’s late arrival at the port and a reduction in the duration of the stay, the carrier is obliged to notify passengers in advance by means of audio and/or visual information.
43. In accordance with paragraph 3 of Article 67 of the Russian Code of Labor Code, the captain of the ship has the right to isolate a passenger whose actions do not contain signs of a crime under the criminal legislation of the Russian Federation, but create a threat to the safety of the ship or the people and property on it .
44. If a passenger needs emergency medical care that cannot be provided while the ship is at sea, and the passenger’s further journey is dangerous for himself or others, the captain of the ship is obliged to go to the nearest port where there is a medical facility.
On the removal of such a passenger from the ship, a report is drawn up signed by a representative of the carrier, the ship's doctor (if available) and a representative of the seaport administration, and a note is also made on the ticket. In this case, the passenger has the right to a refund of the fee he paid in an amount proportional to the distance over which the passenger was not transported.
The luggage of a passenger who has left the ship, at his request, is unloaded at the port where the passenger was picked up or at his destination. In this case, the passenger has the right to a refund of the fee he paid for the transportation of baggage in an amount proportional to the distance over which the baggage was not transported.
45. A passenger who is late for the ship or is left behind along the route may continue the trip on this ship to the port of destination from any port of call along the ship’s route, where he will have the opportunity to return to this ship. In this case, the passenger is not reimbursed for costs associated with his absence from the ship.
46. If, due to the fault of the carrier, the passenger is not provided with a seat according to the ticket, he must be provided with another seat with his consent. If there is no such space on the ship, the carrier must, with the consent of the passenger, provide him with space on another ship.
47. The carrier has the right to delay the departure of the ship, change the passenger transportation route, the place of boarding and (or) disembarkation of the passenger, if such actions are necessary due to natural phenomena, unfavorable sanitary and epidemiological conditions at the point of departure, destination or along the route of passenger transportation, as well as due to other circumstances beyond the control of the carrier.
In the cases specified in this paragraph, the carrier is obliged, at his own expense, to deliver the passenger at his request to the point of departure or to reimburse the passenger for the expenses actually incurred by him1.
V. Carriage of luggage and cabin luggage
48. When checking in luggage, the passenger is obliged to present the luggage and cabin luggage intended for transportation to the carrier for weighing.
49. A passenger’s cabin luggage must be placed in places designated for this purpose or in the passenger’s arms, without creating inconvenience for other passengers.
50. The passenger is responsible for the safety of cabin luggage. The carrier is responsible for damage or loss of cabin luggage in accordance with the legislation of the Russian Federation.
51. Baggage is transported on the ship and on the flight on which the passenger is transported. By agreement between the passenger and the carrier, baggage may be transported on another ship that has a stop at the passenger's destination.
52. Items that may cause harm to the ship, persons or property on the ship, as well as objects and substances, the transportation of which as baggage and cabin baggage is prohibited by the legislation of the Russian Federation, international treaties of the Russian Federation, are not allowed for transportation as baggage and cabin baggage. Federation, as well as the legislation of the country to, from or through the territory of which transportation is carried out.
53. Baggage must have proper packaging that ensures its safety during transportation and excludes the possibility of harm to passengers, crew members, third parties, damage to the ship, the luggage of other passengers or other property.
54. Baggage that has external damage that does not affect its safety during transportation and cannot cause harm to passengers, crew members, third parties, or damage the ship, may be accepted for transportation with the consent of the carrier.
55. For each baggage checked in for transportation, the carrier or an organization authorized by the carrier attaches a sticker or hangs a tag indicating on it: the surname, name and address of the owner of the baggage, the port of departure, the port of destination, information about the carrier, the name of the ship.
The carrier may include additional information on the sticker or tag.
56. To indicate special conditions of transportation, a luggage tag with special markings is additionally attached to the luggage: “Top”, “Do not tip”, “Caution”, “Do not throw”, “Afraid of dampness” and other special markings.
57. Luggage with glass must have internal packaging that guarantees the integrity of the glass during loading and unloading, as well as special marking: “Glass”.
58. Perishable products (meat, fish, dairy, vegetables, fruits, whey and other types of perishable products) are accepted for transportation provided that their shelf life exceeds the period of delivery of baggage to the destination.
The carrier is not responsible for natural spoilage of perishable products checked in as luggage.
59. Based on the weight of the baggage when checking it out, the passenger pays the cost of transporting the baggage. After payment and confirmation of baggage acceptance, the passenger is given a baggage receipt, and the “Baggage” mark is made on the ticket.
60. Baggage is issued to the passenger upon presentation of a baggage receipt.
61. In case of loss of the baggage receipt, the baggage is issued to the passenger on the basis of a written application and presentation of evidence that the baggage belongs to him.
62. The passenger is obliged to take with him the luggage and cabin luggage placed on the ship at the port of destination indicated on the ticket. Baggage is issued at the port to which the luggage was accepted for transportation.
63. From the moment baggage is checked in for transportation and until it is issued, passenger access to the baggage is prohibited.
64. If it is necessary to receive luggage at an intermediate point on the route, the passenger must inform the carrier about this in advance. In this case, baggage is issued to the passenger at an intermediate point if there is sufficient time for the ship to stay in this port.
65. Baggage not received by the passenger upon arrival of the ship at the port of destination is stored by the carrier or a service organization authorized by the carrier. Costs for storing luggage are reimbursed in accordance with the legislation of the Russian Federation.
66. If the carrier has not issued the luggage to the passenger at the port of destination, to which the luggage must be delivered in accordance with the contract for the carriage of the passenger, on the luggage receipt presented by the passenger by a person authorized by the carrier, a note “Baggage has not arrived” is made, certified by his signature indicating the date.
Upon a written application from the passenger, drawn up on the basis of transportation documents, the carrier takes the necessary measures to search for baggage.
If the baggage is found, the carrier notifies the passenger and ensures delivery of his baggage to the port of destination in accordance with the passenger's sea carriage agreement or at the passenger's request at the address specified by him without charging additional fees.
67. In all cases of discovery of forgotten or lost belongings of a passenger on board a ship, an inventory of such items is drawn up.
At the direction of the ship's captain, forgotten or lost items are handed over to a person authorized for these purposes by the carrier in the port closest to the ship's route. The transfer is carried out according to the compiled inventory.
68. The issuance, storage, as well as subsequent sale of forgotten or lost items by the passenger is carried out in the manner established by the legislation of the Russian Federation.
VI. Transportation of animals
69. In the case of transportation of animals (dogs, cats, birds, fish, reptiles, reptiles, insects and other species of animals) (hereinafter referred to as animals), places for their placement are determined by the carrier, taking into account the design features of each specific vessel. In this case, the carrier is obliged to provide the passenger transporting animals with the opportunity to visit them for the purpose of feeding, caring for and monitoring them.
70. Feeding and care of animals is not the responsibility of the carrier.
71. A passenger transporting animals is obliged to provide the necessary documents provided for by the legislation of the Russian Federation, international treaties and the legislation of the country to, from or through the territory of which transportation is carried out.
72. Animals, with the exception of animals provided for in paragraph 73 of these Rules, during transportation must be placed in a strong container (cage) that limits freedom of movement, provides the necessary convenience during transportation, with access to air and securely closed. The bottom of the container (cage) must be dense, waterproof and covered with absorbent material. The container (cage) must prevent spillage of absorbent material.
73. Dogs not placed in containers (cages) and guide dogs must be muzzled and on a short leash under the constant control of the passenger.
74. The bird cage should be covered with thick, light-proof fabric.
75. The weight of the animal and the weight of the container (cage) are not included in the free cabin baggage allowance and are paid by the passenger in accordance with the tariff established by the carrier.
76. Animals must be removed from the ship by the passenger upon arrival at the port of destination.
VII. Cancellation of the contract of carriage by sea
77. The passenger has the right, before the departure of the ship, as well as after the start of the voyage in any port at which the ship calls for boarding or disembarking passengers, to refuse the contract for the carriage of passengers by sea1.
The provisions of paragraph 7 of these Rules do not affect the passenger’s right to refuse the contract for the carriage of passengers by sea.
78. If the passenger refused the contract for the carriage of passengers by sea no later than 24 hours before the departure of the ship, or did not appear for the departure of the ship due to illness, or before the departure of the ship refused the contract for the carriage of passengers by sea due to illness or for reasons depending on the carrier , the passenger will be refunded all fares and baggage fees he has paid.
79. The refusal of the contract of carriage by sea is declared to the carrier by the passenger or his authorized representative.
80. Refunds of amounts paid for transportation (hereinafter referred to as the amounts) are made by the carrier at ticket sales points, as well as in other places provided for by the carrier’s rules.
81. In accordance with Article 184 of the Russian Labor Code, the carrier has the right to refuse to fulfill the contract for the carriage of passengers by sea upon the occurrence of the following circumstances beyond the carrier’s control:
1) military or other actions that create a threat of seizure of the ship;
2) blockade of the point of departure or destination;
3) detention of the ship by order of the relevant authorities for reasons beyond the control of the parties to the contract;
4) attracting a vessel for state needs;
5) loss of the ship or its capture;
6) recognition of the vessel as unfit for navigation.
If the carrier refuses to fulfill the contract for the carriage of a passenger by sea before the departure of the ship, the passenger will be refunded the entire payment for the carriage of the passenger and the payment for the carriage of his baggage, after the start of the voyage - part of them in an amount proportional to the distance over which the passenger was not transported.
A carrier who refuses to fulfill a contract for the carriage of a passenger by sea upon the occurrence of the circumstances provided for in this paragraph is obliged, at his own expense, to deliver the passenger at his request to the point of departure or to reimburse the passenger for the expenses actually incurred by him.
82. Refunds are made on the basis of unused (partially used) transportation documents to the passenger upon presentation of an identification document, or to an authorized representative upon presentation of an identification document and documents confirming the right to receive amounts. In cases where the refund is related to the passenger’s illness, a medical document confirming the fact of the passenger’s illness is additionally presented.
1 Decree of the Presidium of the Supreme Soviet of the USSR of April 5, 1983 “On the accession of the USSR to the Athens Convention on the Carriage of Passengers and Their Luggage by Sea, 1974” (Vedomosti of the Supreme Soviet of the USSR dated January 1, 2001, No. 15, Art. 222).
2 Federal Law of 01.01.01 “Code of Merchant Shipping of the Russian Federation” (Collection of Legislation of the Russian Federation, 2001, No. 22, Art. 2125; 2003, No. 27 (Part 1), Art. 2700; 2004, No. 15, Art. 1519; No. 45, Art. 4377; 2005, No. 52 (part 1), Art. 5581; 2006, No. 50, Art. 5279; 2007, No. 46, Art. 5557; No. 50, Art. 6246; 2008 , No. 29 (part 1), article 3418; No. 30 (part 2), article 3616; No. 49, article 5748; 2009, No. 1, article 30; No. 29, article 3625; 2010, No. 27, Art. 3425; No. 48, Art. 6246; 2011, No. 23, Art. 3253, No. 25, Art. 3534; No. 30 (part 1), Art. 4590, 4596; No. 45, Art. 6335 ; No. 48, Article 6728; 2012, No. 18, Article 2128; "Rossiyskaya Gazeta", 2012, No. 000).
Clause 2 of Article 181 of the Federal Law of 01/01/01 “Code of Merchant Shipping of the Russian Federation”.
1 Article 20 of the Federal Law of January 1, 2001 “On the procedure for leaving the Russian Federation and entering the Russian Federation” (Collected Legislation of the Russian Federation, 1996, No. 34, Art. 4029; 1998, No. 30, Art. 3606; 1999, No. 26, Art. 3175; 2003, No. 2, Art. 159; No. 27, Art. 2700; 2004, No. 27, Art. 2711; 2006, No. 27, Art. 2877; No. 31 (part 1), Art. 3420; 2007, No. 1 (part 1), Article 29; No. 3, Article 410; No. 49, Article 6071; No. 50, Article 6240; 2008, No. 19, Article 2094; No. 20, Art. 2250; No. 30, Art. 3616, 3583; No. 49, Art. 5735, 5748; 2009, No. 7, Art. 772; No. 26, Art. 3123; No. 52, Art. 6407, 6413, 6450; 2010 , No. 11, Art. 1173; No. 15, Art. 1740, 1756; No. 21, Art. 2524; No. 30, Art. 4011; No. 31, Art. 4196; No. 52, Art. 7000; 2011, No. 1, Art. 7340, 7342).
1 Clause 2 of Article 181 of the Federal Law of 01/01/01 “Code of Merchant Shipping of the Russian Federation”.
1 Order of the Ministry of Transport of Russia dated 01.01.01 No. 000 “On approval of the General Rules for the navigation and mooring of ships in the seaports of the Russian Federation and on the approaches to them” (registered by the Ministry of Justice of Russia on September 24, 2009, registration No. 000), taking into account the changes, introduced by Order of the Ministry of Transport of Russia dated March 22, 2010 No. 69 “On amendments to the Order of the Ministry of Transport of the Russian Federation dated January 1, 2001 No. 000” (registered by the Ministry of Justice of Russia on March 29, 2010, registration No. 000).
2 Article 17 of the Law of the Russian Federation of April 1, 1993 No. 000-1 “On the state border of the Russian Federation” (Gazette of the Council of People's Deputies and the Supreme Council of the Russian Federation, 1993, No. 17, Art. 594; Collection of Legislation of the Russian Federation, 1994, No. 16, Art. 1861; 1996, No. 50, Art. 5610; 1997, No. 29, Art. 3507; No. 46, Art. 5339; 1998, No. 31, Art. 3805, 3831; 1999, No. 23, Art. 2808; 2000, No. 32, Article 3341; No. 46, Article 4537; 2002, No. 1 (Part 1), Article 2, No. 52 (Part 1), Article 5134; 2003, No. 27 (Part. 1), Art. 2700; 2004, No. 27, Art. 2711; No. 35, Art. 3607; 2005, No. 10, Art. 763; 2006, No. 17 (part 1), Art. 1784, No. 27, Art. 2877; 2007, No. 1 (part 1), Article 29; No. 27, Article 3213; No. 50, Article 6245; 2008, No. 29 (Part 1), Article 3418; No. 49, Art. 5748; No. 52 (Part 1), Art. 6246; 2009, No. 1, Art. 17; 2010, No. 23, Art. 2792; 2011, No. 1, Art. 6; No. 7, Art. 901; No. 15 , Art. 2021; No. 17, Art. 2313; No. 23, Art. 3256; No. 49 (part 1), Art. 7022; No. 50, Art. 7366).