Contract of carriage

Admiralty law

History
Codex Hammurabi Corpus Juris Civilis Digesta Ordinamenta et consuetudo maris Amalfian Laws Hanseatic League
Features
Maritime transport Shipping/Ferry Cargo Freight Passenger Merchant marine Cargo ship Passenger ship Owner Mortgage Registration Marine insurance Act of God Cargo Collision Construction General average Seaworthiness Total loss
Contract of carriage/Charterparty
Affreightment Agency Bill of lading Bill of parcel Brokerage Chartering Consignment Demurrage Force majeure Invoice Commercial Pro forma Laytime Lien Maritime Manifest Proof of delivery Salvage Terms International Waybill
Parties
Agent Factor Freight forwarder Principal Carrier Captain Charterer Freight company Manager Consignee Stevedore Consignor
Judiciary
Admiralty court Vice admiralty court
International conventions
Hague-Visby Rules Hamburg Rules Rotterdam Rules Maritime Labour Convention International Convention on Salvage United Nations Convention on the Law of the Sea (UNCLOS) SOLAS Convention Ballast Water Management Convention International Regulations for Preventing Collisions at Sea
International organisations
International Maritime Organization London Maritime Arbitrators Association
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A contract of carriage is a contract between a carrier of goods or passengers and the consignor, consignee or passenger. Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure. Among common carriers, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document. Notification of a shipment’s arrival is usually sent to the "notify party", whose address appears on the shipping document. This party is usually either the buyer or the importer.

Air travel[]

In July 2010, it became widely public that Southwest Airlines had classified mechanical difficulties as an act of God in their contract of carriage, expanding the definition formerly shared with Delta, American, Continental and United.^[1] This was later clarified by the airline as mechanical difficulties beyond the airline's control, as for instance the failure of the air traffic control system, or fuel delivery systems operated by airports.

Involuntary denial of boarding[]

The rate of passengers who are involuntarily denied boarding is around 1 in 10,000 and has been falling for the 25 years between 1990 and 2015.^[2]

According to aviation analyst Henry Harteveldt, the airline's Contract of carriage^[3] favors the company, not the passenger. Involuntary denial of boarding is not uncommon^[4] but removal after boarding because the seat is needed by others is "exceedingly rare". Nonetheless, an airline has a right to do so based on the contract, in his view. "Remember, it is their aircraft and their seat — you're just renting it to get from point A to point B," Harteveldt told Business Insider.^[5]

Rail travel[]

Cross-border European railway tickets are covered by the CIV conditions of sale.

References[]

^ "Southwest: Breakdown is now an act of God". Arizona Daily Star. July 24, 2010. Retrieved 2010-07-27.
^ Passengers Boarded and Denied Boarding by the Largest U.S. Air Carriers - US DOT
^ "Airline Contracts of Carriage". Airfare Watchdog. Smarter Travel Media LLC. Retrieved April 12, 2017. What are your rights if an airline delays or cancels your flight, or loses your bags? What are the airlines' rules and regulations
^ "United bumps more passengers than any other large American airline". The Economist. The Economist. April 11, 2017. Retrieved April 12, 2017.
^ Zhang, Benjamin (April 10, 2017). "How airlines like United choose who to kick off a flight". Business Insider. Business Insider Inc. Retrieved April 12, 2017.

External links[]

Airline contracts

Contract of Carriage, Hawaiian Airlines. Viewed 23 December 2012.
Contract of Carriage, Alaska Airlines. Viewed 11 April 2008.
Terms and conditions, FedEx. Viewed 3 April 2006.

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