Minsk "___" ___________ 20__
Private transport unitary enterprise "Autotransportation" hereinafter referred to as the freighter, represented by director Ivanov Ivan Ivanovich, acting on the basis of the charter, on the one hand, and ________________________________ hereinafter referred to as the charterer, represented by _________________________ acting on the basis of _____________________________, on the other hand, have concluded this Agreement about the following:
SUBJECT OF THE CONTRACT
1. The charterer undertakes to provide the charterer with services for the management and technical operation of a bus for automobile transportation of passengers within the time limits established according to the charterer's applications, and the charterer undertakes to ensure advance submission of applications and pay for the services of the charterer in a timely manner.
GENERAL PROVISIONS
2. For each individual transportation, the charterer shall draw up in advance and submit to the charterer an application containing information about the date, nature, conditions, terms, length of a specific passenger transportation. The Application is an integral part of this Agreement.
2.1. In accordance with this Agreement, the charterer, according to the received and accepted application and the issued work order, provides the charterer for a fee with services for the management and technical operation of the bus for automobile transportation of passengers, and the charterer undertakes to pay for the services provided by the charterer in a timely manner.
2.2. The charterer provides the specified in clauses 1 and 2.1. of this Agreement, services in accordance with the application submitted by the charterer in the amount, on terms and conditions (including the time of departure, return of the bus, the length of the route) in accordance with the price protocol signed by the parties to the Agreement and (or) the order - attire, which are an integral part of this Agreement.
RESPONSIBILITIES OF THE CHARTERER
3. Provide a bus in a technically sound condition for a trip along the charterer's route in accordance with the one adopted in accordance with paragraph 3.1. of this Agreement application.
3.1. Acceptance of the application is confirmed in writing by the charterer within 48 hours after its acceptance, indicating the number of the bus served for boarding, and certified with a seal or stamp. The absence of a written confirmation of acceptance of the application automatically confirms the rejection (non-acceptance) of the application.
3.2. Provide the charterer with services for the management and technical operation of the bus, ensuring its safe operation in accordance with the purposes of chartering specified in clauses 1 and 2.1. actual agreement.
3.3. To provide for the management and technical operation of the bus a crew consisting of the charterer's employees who have the appropriate level of skills and experience in the management and operation of the bus.
3.4. Ensure the correct behavior of crew members in relation to passengers, including leaders of groups of passengers, as well as tidy appearance drivers and crew members performing transportation.
3.5. Inform the charterer about the occurrence during dispatch (on the way, including due to traffic accidents, etc.) of circumstances preventing the timely departure (arrival) of the bus.
3.6. Deliver passengers to the destination specified by the charterer in the application.
3.7. Inform the charterer about the availability of a free travel schedule.
3.8. Ensure that the crew complies with the requirements of the traffic rules and, in case of their violation, bear the costs of paying fines imposed by authorized officials of the relevant regulatory authorities for violation of the traffic rules by members of the crew provided to the charterer.
3.9. Carry out the transportation of passengers within the time specified in the protocol of prices, drawn up in the manner provided for in paragraph 11.2. actual agreement.
CHARTERER'S OBLIGATIONS
4. Submit an application for the provision of services in accordance with paragraph 1 of this Agreement within a reasonable time, allowing the charterer to ensure their proper performance, but no later than 10 days before the expected date of departure of the bus on the route specified in this application. The Parties recognize the legal force of the application transmitted by facsimile or e-mail.
4.1. In his application for the carriage of passengers, the charterer is obliged to indicate all the necessary information for the organization and performance of transportation, indicating:
The number of passengers;
The required number of buses and their type (configuration);
Route, its length, dates of submission, departure, return of the bus, transportation time;
Places of embarkation and disembarkation of passengers, starting and ending points of the route;
Other features of transportation.
___________________ _____________________4.2. Before signing the price protocol, send a representative to inspect and accept the bus, followed by confirmation of the bus's technical serviceability and its suitability for the services ordered by the charterer, by signing the price protocol.
4.3. Verbally agree with the bus crew provided by the charterer on the specifics of the route and the time spent on the road, including the time of arrival at the destination (final destination).
4.4. In case of non-observance by the charterer of the obligation specified in clause 4.3. of this Agreement, the crew independently determines the route and time of arrival at the destination ordered by the charterer (final destination).
4.5. In advance, but no later than 48 hours before the departure time of the chartered bus, inform the charterer in writing about the change in the departure time.
4.6. Timely accept and pay for the services provided by the charterer.
4.7. Organize timely boarding of passengers, ensuring the dispatch of the bus within the time specified in the application.
4.8. Ensure the availability of all the documentation provided for by the current legislation and correctly executed, which ensures unhindered and timely travel along the route ordered by the charterer.
4.9. If there is a need to provide additional documentation, including during customs clearance, the charterer is obliged to ensure that they are presented to the crew of the charterer's bus no later than 12 hours from the moment he (the charterer) is informed about this. Informing the charterer is carried out, including by means of mobile telephone communication.
4.10. Reimburse all additional expenses incurred by the charterer in connection with the need for the charterer to provide additional documentation (clause 4.9. of this Agreement), as well as due to non-compliance with the deadline regulated by clause 4.9. actual agreement.
4.11. Pay all expenses arising in connection with the operation of the bus, including the cost of paying for fuel, other materials consumed during the operation, as well as all fees and charges, including payments related to crossing state borders, travel on paid highways and other similar expenses.
4.12. Ensure the safety of the freighter's property, including taking all measures aimed at preventing damage (damage) to the passenger compartment of the bus carrying the transportation.
4.13. Compensate for damage caused by passengers as a result of non-compliance with paragraph 4.12. of this Agreement, including the costs of repairing (restoring) the interior of the bus.
4.14. Compensate the charterer for losses caused by the loss or damage to the bus, if the latter proves that its death or damage occurred due to circumstances for which the charterer is responsible.
4.15. To ensure, after the completion of the transportation of passengers, the transfer to the charterer of the bus in a technically sound condition by means of a written execution of the relevant act.
4.16. Not to conclude, within the framework of the commercial operation of a chartered bus, on its own behalf, transportation agreements and other agreements with third parties, without the written consent of the charterer.
CHARTERER'S RIGHTS
5. Refuse to provide the information specified in paragraphs 1 and 2.1. of this Service Agreement in the absence of a free vehicle, as well as in case of non-compliance by the charterer with the terms of paragraph 4 of this Agreement.
5.1. Refuse to unilaterally from the performance of transportation without reimbursement of the amount of the advance payment received in case of violation by the charterer of the conditions of paragraph 4.2. and 4.5. actual agreement.
RIGHTS OF THE CHARTERER
6. Refuse specified in paragraphs 1 and 2.1. of this Service Agreement by notifying the charterer in writing, but no later than 10 days before the expected date of departure of the bus along the route specified in the charterer's application. In this case, the prepayment amount received by the charterer can be returned to the charterer within ten banking days from the moment of consideration of the corresponding written notice of the charterer.
6.1. Familiarize yourself with the documents of the crew of the bus provided by the charterer for its management and technical operation, confirming that the crew has the appropriate level of skills and experience in driving and operating the bus.
6.2. Receive the ordered services by bus in a technically sound condition as adopted in accordance with paragraph 3.1. of this Agreement application.
6.3. On a polite and correct attitude on the part of the crew provided by the charterer, both to the passengers and to the person accompanying them.
6.4. Receive from the charterer information about the occurrence during dispatch (on the way, including due to traffic accidents, etc.) of circumstances that prevent the timely departure (arrival) of the bus.
6.5. Receive information from the charterer about the availability of a free travel schedule.
______________________ ________________________CONDITIONS, PROCEDURE AND TERMS OF PAYMENT
7. The cost of services to be rendered for the carriage of passengers, reflected in the price protocol, is determined in Belarusian rubles in the amount of the equivalent cost of such services in US dollars at the rate of the National Bank of the Republic of Belarus on the date of drawing up (signing) by the parties (charterer, charterer) of the price protocol.
7.1. Payment for each transportation of passengers is carried out in national currency by non-cash transfer of funds in Belarusian rubles to the account of the charterer in accordance with the invoice and (or) waybill and (or) order - along with or signed by the parties an act of work performed, but no later than 5 days from the date of delivery of passengers to the final destination of the route.
7.2. In the event of a change (growth) in the exchange rate of the National Bank of the Republic of Belarus US dollar / Belarusian ruble after the delivery of passengers to the final destination of the route, payment for the performed transportation is carried out in the amount of the equivalent cost of such services in US dollars (clause 6 of the Agreement) at the rate of the National Bank of the Republic of Belarus on the day fulfillment of a financial obligation. In case of debt collection in court at the rate of the National Bank of the Republic of Belarus on the day of the court decision.
7.3. The date of payment is the date when funds are credited to the account of the charterer.
7.4. Banking expenses, including the bank's commission, shall be paid by the transferring Party.
7.5. By mutual agreement of the Parties, the settlement procedure may be changed or supplemented, which is formalized by an additional agreement to this Agreement in the manner provided for in clause 11.2. actual agreement.
RESPONSIBILITIES OF THE PARTIES
8. The parties to this Agreement are responsible for non-fulfillment or improper fulfillment of its terms in accordance with the legislation of the Republic of Belarus.
8.1. Each of the parties must fulfill its obligations in an appropriate manner, providing all possible assistance to the other party.
8.2. A party that has violated its obligations under this Agreement must immediately eliminate these violations.
8.3. For the use of others in cash as a result of their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds is subject to payment. The amount of interest is determined by three times the refinancing rate of the National Bank of the Republic of Belarus on the date of fulfillment of the monetary obligation or its corresponding part.
8.4. In case of loss or damage to the chartered vehicle, the charterer is obliged to compensate the charterer for the losses caused, unless he proves that the loss or damage to the vehicle occurred due to circumstances beyond the control of the charterer.
8.5. For violation of the terms of payment for the services rendered, the charterer pays a fine in the amount of 20% of the untimely paid amount.
8.6. The charterer bears responsibility for the harm caused to third parties by the chartered motor transport, its mechanisms, devices, equipment. He has the right to submit a recourse claim to the charterer for reimbursement of amounts paid to third parties.
8.7. The party that engages a third party to fulfill its obligations under the contract shall be liable to the other party under this Agreement for non-fulfillment or improper fulfillment of obligations by the third party as for its own actions.
8.8. In case of violation of the terms of payment established by clause 7.1. of this Agreement, the charterer shall pay a penalty in the amount of seven tenths of a percent of the unpaid amounts for each day of delay.
8.9. If false information is provided, the charterer is responsible for all risks and additional costs incurred by the charterer.
8.10. For failure to board the bus on a confirmed application (failure to deliver a vehicle within the period specified in the price protocol, submission of a faulty vehicle), the charterer shall pay the charterer a fine in the amount of 10% of the amount of the service ordered by the charterer.
8.11. The charterer shall not be liable for violation of the terms of departure (arrival) to the final destination, and other deviations from the conditions for the provision of passenger transportation services agreed in accordance with this Agreement, in case of non-compliance by the charterer with the requirements of clause 4.3., as well as in the case provided for in clause 5 actual agreement.
8.12. Payment of the amount of debt for the services rendered, fines, penalties and interest for the use of other people's funds provided for in this Agreement does not relieve the charterer from fulfilling his obligations and (or) eliminating violations, as well as compensating for losses (damage).
SETTLEMENT OF DISPUTES
9. All disputes or disagreements arising between the parties are resolved through oral negotiations.
9.1. To present a statement of claim to the charterer or an application for the initiation of writ proceedings arising from this Agreement and related to its non-performance or improper performance, no claim is required to be submitted to the charterer.
_____________________ _____________________9.2. All disputes arising from this Agreement or in connection with it are subject to consideration in the economic court of the city of Minsk or the economic court of the Minsk region in case of location (location, state registration, location of property) of the charterer in the Minsk region.
9.3. The Parties do not object to the opening of a conciliation procedure in the event that a statement of claim is filed against the charterer in court arising from this Agreement and related to its non-performance or improper performance.
9.4. The charterer has the right, within 12 hours from the moment of delivery of passengers to the final destination of the route, to present to the charterer a reasoned claim about the existence of a violation of the terms of this Agreement in the provision of services for the transportation of passengers admitted by the charterer (crew).
9.5. All cases of violation by the charterer of the conditions for the provision of services for the carriage of passengers provided for by this Agreement must be recorded in writing and have the signatures of at least three (witnesses) citizens who were directly present at the commission of the relevant violations.
9.6. If the charterer does not receive a motivated claim and appropriate confirmation (clause 9.5 of this Agreement) as specified in clause 9.4. of this Agreement, the service is considered to be performed by the charterer without violating the terms of this Agreement.
FORCE MAJEURE
10. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if such was the result of force majeure circumstances, namely: war, natural disaster, fires, floods, earthquakes, strikes, riots and other social unrest, as well as actions authorities that may affect the implementation of transportation.
10.1. The party for which it became impossible to fulfill obligations under this Agreement is obliged to notify the other party in writing no later than 10 days from the date of occurrence of force majeure circumstances.
10.2. Evidence of the occurrence of force majeure circumstances is a certificate from the competent state authority of the country of location of the party, which refers to these circumstances.
TERM OF THIS AGREEMENT
11. This Agreement is made in 2 copies on 4 sheets of equal legal force, one for each of the parties and comes into force from the moment of its signing and is valid until ______________ 20__ and (or) or full execution by them their obligations. (PERIOD AT THE OPTION OF THE PARTIES).
11.1. The Parties recognize the legal force of a facsimile copy of the agreement of annexes, additional agreements and other documents aimed at the execution of this agreement, agreed, signed and sealed. In this case, the original copies are sent by the parties to each other by mail within 10 days from the date of signing the relevant document.
11.2. The parties recognize the legal force of facsimile reproduction of the signature and seal on the contract, and other documents aimed at its execution.
11.3. Changing the terms of this Agreement and its early termination are allowed by agreement of the Parties.
11.4. All changes and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the parties.
11.5. If none of the parties 30 days before the expiration of this Agreement does not notify the other party in writing of the termination of this Agreement, its validity period is extended for each subsequent year.
11.6. When adopting an act of legislation that establishes rules other than those provided for by this Agreement, binding on the Parties, the terms of this Agreement shall be brought into line with the legislation by the Parties, unless otherwise provided by the legislation.
11.7. All annexes to this Agreement are its integral part.
DETAILS AND SIGNATURES
Legal addresses:
CHARTERER CHARTERER Name _________________ Name ___________________ Postal details ___________ Postal details _____________ ______________________________ ________________________________ Bank details _________ Bank details ___________ ______________________________ ________________________________ UNP __________________________ UNP ____________________________ (fax) __________________ Tel. (fax) ____________________ Signatures of the parties: ______________________________ ________________________________ M.P. M.P.
Any commercial activity is regulated not so much by legislation as by written agreements between organizations. Drawing up a contract is a complex, time-consuming process, during which it is necessary to coordinate the interests of the parties and take into account the requirements of the law. The contract of chartering a vehicle for the carriage of passengers and luggage is no exception.
This article will help you to correctly draw up a contract of this type.
Chartering comes from the German word "Fracht", meaning a charge for the carriage of goods. Today, freight has come to mean the cargo itself, presented for transportation, and the process of moving goods from the sender to the recipient.
Therefore, chartering refers to the activity of transporting goods and passengers for a fee by various modes of transport.
Features of the conclusion and sample
The procedure for drawing up a contract for chartering transport for the carriage of passengers is governed by the provisions of the Civil Code of the Russian Federation and the Charter of Motor Transport (Law No. 259-FZ of 08.11.2007).
The following items must be included in the contract:
- Information about the freighter. This person undertakes to perform the carriage on the terms of the contract. It is required to indicate the name, legal address, bank details.
The vehicles themselves can be represented by a third party with whom the charterer has a contractual relationship:
- Information about the charterer. This person is responsible for the timely payment of the carrier's services. The name, location, bank details should be indicated;
- Transport type. Bus, utility vehicle or other vehicle. If this is important for the charterer, then it is better to indicate the brand of the car or its characteristics (presence of air conditioning, toilet, and so on);
- Itinerary and place of delivery. It is desirable to paint this point in detail. The place where passengers will board is determined not only by the address, but also by indication of landmarks on the ground (for example, near the entrance to a store or cafe). The route is often defined by an enum settlements, which lie on the route of transport.
Thus, specifying the specific routes on which traffic should be carried out can create a problem. For example, one of the roads specified in the contract is being repaired or closed due to atmospheric phenomena, it is required to use detours. To solve such a problem, the conditions for changing the route should be specified in the document;
- Circle of persons to be transported. This information can be specified exactly (listing full name), and in the form of an indication of the number of people who need to be delivered to their destination.
Note! Transportation of children in the Russian Federation is due to additional requirements for the vehicle and the driver.
These include:
- The car is not older than 10 years;
- Transport is equipped with special signs "Transportation of children";
- Driving at night only special occasions;
- Special requirements for the driver.
The customer should specifically stipulate the fact that the passengers will be children;
- Delivery times. The approximate number of hours traveled, the time and date of departure, and the time and date of arrival at the destination are indicated. It is also necessary to indicate a possible deviation from the schedule;
- Service cost. The price is agreed individually for each freight;
- The procedure for admission of passengers, if transportation in accordance with the law involves the application of special rules;
Important! The information described in paragraphs 1-8 is mandatory for inclusion in the contract. Without it, the contract will be considered not concluded.
- Rights and obligations of the charterer. This person undertakes:
- Provide a serviceable and ready-to-use vehicle in accordance with the conditions agreed with the charterer;
- Provide a crew with the appropriate qualifications to drive the car;
- Eliminate technical malfunctions of the machine at its own expense, pay for the maintenance of the crew;
- Insure your liability to passengers in case of damage.
The charterer has the right to suspend the performance of obligations if the other party violates the terms of the contract;
- Rights and obligations of the charterer. The person has the right to demand from the charterer the performance of his obligations.
The charterer is obliged:
- pay freight;
- Coordinate work orders in advance (if we are talking about a long-term contract);
- Ensure timely boarding of passengers and loading of luggage;
- Use transport within the terms established by the work order and in accordance with its purpose;
- Ensure that passengers comply with traffic rules, order and cleanliness in the passenger compartment;
- Do not transport explosive and flammable substances, narcotic substances and psychotropic drugs, stabbing and cutting objects without special covers, firearms and so on.
Note! The clauses regulating the rights and obligations of the parties are best supplemented at the discretion of the responsible persons of the organizations participating in legal relations.
- Responsibility of the parties. The parties should precisely agree on the following sanctions:
- Penalty for refusal of submitted transport suitable for use;
- Fine for damage to the car by passengers;
- Penalty for delay in providing transport.
Note! The penalty for late payment by the charterer of transportation services can be set at 0.1% for each day.
- Charter conditions. In this section, the parties regulate:
- The order of registration of work orders and refusal of services;
- The procedure for submitting information about the number of passengers, their personal data, the amount of luggage;
- List of documents to be presented by passengers;
- The term and procedure for terminating the contract. This section is relevant for sustainable contractual relationships. Contracts are often concluded for a calendar year with the possibility of renewal if neither party notifies the other of the desire to end the relationship.
Termination is made in writing if all obligations under the contract are fulfilled;
- Force majeure circumstances. In this section, the parties agree on cases that can be attributed to force majeure, as well as the procedure for their own actions in the event of such surprises;
- Other conditions. The parties may agree on the procedure for resolving disputes, the court where disputes will be resolved, and other issues.
- Details and signatures. This section records the names of organizations, legal addresses, TIN, bank details, as well as positions, surnames and initials of the persons who sign the document.
Note! A work order can be used as a contract if it contains all the necessary information. This procedure is applied if a one-time transportation is planned, and it makes no sense to develop a full-fledged contract.
Differences between a charter contract and a vehicle lease contract
These species are similar at first glance, but have several significant differences:
- The parties bear different costs. So, the charterer pays for the service according to the invoice. The costs incurred by the counterparty for fuel, repair of equipment, and the solution of other problems do not concern him.
In the case of a lease, the situation is reversed. The vehicle is provided to the tenant in a technically sound condition, but nothing more. Subsequent maintenance, such as changing fluids or tires in the event of a puncture, is at the tenant's own expense. The owner will pay only major repairs;
- The cost of chartering services is determined by the distance over which passengers are to be transported, as well as by the type of vehicle. However, carrier costs may vary. If we talk about rent, then its price depends on the cost of equipment and the estimated period of its depreciation;
- When chartered, the vehicle remains in the possession of the carrier company. That is, the owner is responsible for its safety and serviceability. If we are talking about renting, then in this case the lessee is responsible for all damage caused to the car;
- The tenant uses the equipment at his own discretion and in accordance with its functional purpose. There are no restrictions on the timing of its work or route. Chartering, on the other hand, implies a more specific mode of movement and a clear result of the fulfillment of the duties of the charterer (passengers are delivered to their destination);
- In the course of transport, both parties to the charter agreement share responsibility for luggage and passengers. So, the charterer ensures order in the cabin, makes sure that people do not distract the driver, and so on. The charterer, in turn, monitors the driver's compliance with traffic rules and takes measures to prevent accidents.
The lessor is responsible only for the provision of a technically sound car. And, before starting the movement, the driver himself must check the condition of the equipment. In the future, the owner of the vehicle does not affect the transportation of passengers in any way.
This article discusses the features of the execution of a bus charter agreement for the transport of children. Below you can download a sample contract concluded between the charterer and the charterer. The form is available for download free of charge in word format.
List of documents for concluding an agreement
In order to charter a bus for transporting children, the driver must have the following documents:
- A license authorizing the carriage of passengers;
- availability of those bus passports;
- OSAGO insurance;
- Insurance (Policy) in case of an accident;
- Coupon of the State Technical Inspection;
- bus and all its data full name and phone number;
- Driver's license of category "D", driving experience of at least a year and not having administrative penalties during the year;
- The waybill is not for general use, the schedule and the bus route with all stops;
- If necessary, the Power of Attorney for permission to manage transport;
- If necessary, the Transport Lease Agreement between the owner and the owner of the lease;
- A certificate with the data of a health worker (if the trip lasts more than 3 hours). It includes the name of the position.
- It is obligatory to have a copy for permission of medical activity.
From the charterer's side, the following documents are required:
- Permission to escort transport with children by the traffic police car or refusal to escort;
- Lists of accompanying adults with exact phone numbers and last name, first name, patronymic;
- Lists of children, which include age, full name;
- A list containing the correct order of boarding children on the bus;
- For long-distance traffic, lists of kits that include dry rations and bottled water.
The charterer must receive all copies of the documents two days before the trip. All copies of the documents must be with the driver throughout the trip.
Features of drawing up a bus charter agreement
Consider the important features when drawing up a bus charter agreement for the transportation of children.
- Children under 10 years of age are allowed to travel. The bus must have a tachograph (a device that records the speed of transport, the period of movement and each stop), a GLONASS device that determines the exact location of the vehicle.
- The bus must have an identification sign "Transportation of children"
- If the trip lasts about 3 hours, it is allowed to take children under 7 years old.
- In the period from 11 pm to 6 am, travel is allowed in exceptional cases. This is the need to get to the airport or train station, or vice versa, as well as with a delay on the way.
- Accompanying adults must be at the door. Boarding and disembarking of children must be carried out in strictly indicated places. The bus must have three first-aid kits, two working fire extinguishers, wheel chocks. The speed of the bus is limited and does not exceed 60 km/h.
In the charter agreement for a bus for transporting children, all the above conditions must be stipulated. We also offer as an example to download
A charter contract is an agreement between entities for the purpose of moving certain baggage or cargo for a fee. The sample can be downloaded for free from the link.
Freight and passenger chartering is carried out using numerous accompanying documents. charter agreement- an agreement of subjects with the aim of moving certain baggage or cargo for a fee. The charterer and the charterer are parties to the transaction. They can be any participants in civil legal relations - legal and individuals. A sample document is available on this page of the site, it can be downloaded absolutely free of charge via a direct link, and applied in your own practice.
Despite the approximate pattern, each shipment will be different. Land chartering and sea moving are completely different in contract clauses. The powers and obligations of chartering participants depend on the specific conditions of this transportation. The paper is drawn up in the required number of copies having equal legal force. The essential points of chartering will be the route of transportation, cost, terms. If the cargo has features in storage or movement, these items must be reflected in the charter agreement.
Mandatory clauses of the charter agreement
:- Name, time of registration, place;
- The subject of the agreement, the powers of the obligation;
- Deadlines, exceptional conditions;
- Cost of services, responsibility;
- Additional points, final part, signatures, transcript, seals.
1. The Subject of the Agreement
1.1. The charterer undertakes, for the fee stipulated by clause 3.1 of this agreement, to provide the Charterer with the use and possession for the period specified in clause 2.1 of this agreement __________________ (hereinafter referred to as the vehicle) for the carriage of passengers ____________________________ and luggage along the following route ___________________________ with the place of delivery of the vehicle __________________________________, and the Charterer undertakes to accept it and pay the freight.
The charterer provides the following procedure for admitting passengers to board the vehicle _________________________________.
1.2. Vehicle name, class and specifications specified in Appendix No. 1 to this agreement and is its integral part.
2. Contract term
2.1. This contract for chartering a vehicle for the carriage of passengers and luggage on request is concluded for a period of ____________________.
3. Freight
3.1. The freight rate is _____ (_______________) rubles per month.
3.2. The Charterer pays the Charterer the freight on a monthly basis, no later than the ______ day of the beginning month, to the Charterer's account using the bank details specified in clause 7 of this agreement.
3.3. The freight for the first and last months, if they are incomplete, is calculated in proportion to the number of days in a particular calendar month, and the corresponding amounts are paid in advance.
3.4. All payments are made in non-cash form.
3.5. The Charterer shall be exempted from paying the freight and costs of the vehicle for the time during which the vehicle was unfit for use due to its condition, unless the unsuitability of the vehicle occurred due to the fault of the Charterer.
3.6. In the event of the destruction of the vehicle, the freight is payable from the date and hour of delivery of the vehicle to the Charterer until the day of the destruction of the vehicle, and if this day cannot be determined, until the day the last news about the vehicle is received.
3.7. After paying the freight for the last month in accordance with paragraph 3.3 of this contract, the Charterer receives the vehicle with all its accessories, and the vehicle is considered fully paid.
4. Obligations of the Parties
4.1. The charterer is obliged:
Bring the vehicle into proper condition by the time it is handed over to the Charterer;
Take measures to ensure the suitability of the vehicle, its hull, engine and equipment for the purposes of chartering provided for in this agreement;
Eliminate hidden defects of the vehicle during the validity period;
Provide the Charterer with services for the management and technical operation of transport, ensuring its normal and safe operation in accordance with the purposes specified in subparagraph 1.1 of this agreement;
Ensure that the composition of the crew and its qualifications meet the requirements of the normal practice of operating a vehicle of this type and the terms of this agreement;
Bear the costs of paying for the services of crew members, as well as the costs of their maintenance;
Insure the vehicle and liability for damage that may be caused by it or in connection with its operation.
Crew members are the Charterer's employees and are subject to the Charterer's instructions relating to the management and technical operation, and the Charterer's instructions relating to the commercial operation of the vehicle.
4.2. The charterer undertakes:
a) bear the costs arising in connection with the commercial operation of the vehicle, including the cost of paying for fuel;
b) bear the costs of other materials consumed during the operation of the transport, as well as the payment of fees.
4.3. The charterer has the right:
As part of the commercial operation of the vehicle on its own behalf, conclude transportation contracts and other contracts with third parties, if they do not contradict the purposes of using the vehicle specified in subparagraph 1.1 of this agreement;
Sublease the vehicle;
Refuse to perform this Agreement in case of failure to provide a vehicle and collect from the charterer a fine in the amount of _____________ (_______________________) rubles.
5. Responsibility of the Parties
5.1. In case of loss or damage to the vehicle, the Charterer is obliged to compensate the Charterer for the losses caused, if the latter proves that the loss or damage to the vehicle occurred due to circumstances for which the Charterer is responsible in accordance with the law or this contract.
5.2. Responsibility for harm caused to third parties by the vehicle, its mechanisms, devices, equipment, is borne by the Charterer in accordance with the rules provided for in Chapter 59 of the Civil Code of the Russian Federation. The Charterer has the right to submit a recourse claim to the Charterer for reimbursement of amounts paid to third parties, if he proves that the damage was caused by the fault of the Charterer.
6. Additional terms and final provisions
6.1. Additional terms of this agreement: _______________
_______________________________________________________________.
6.2. In everything else not regulated in this agreement, the norms established by the Civil Code of the Russian Federation, as well as transport charters and codes, will apply.
6.3. This Agreement shall enter into force from the moment of its conclusion, drawn up in two copies.
7. Addresses and bank details of the Parties:
Freighter: ____________________________________________________
________________________________________________________________
________________________________________________________________
Charterer: __________________________________________________
________________________________________________________________
________________________________________________________________
Appendix:
1. Characteristics of the vehicle (Appendix N 1).
Signatures of the Parties: Charterer Charterer ______________________ ______________________ M.P. M.P.
