Contract of carriage
Encyclopedia
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 carrier
s, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document.
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.. 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.
conditions of sale.
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
between a carrier
Carrier
Carrier may refer to:- Science :* Carrier wave, a waveform suitable for modulation by an information-bearing signal* Charge carrier, an unbound particle carrying an electric charge* a mathematical Set over which an algebraic structure is defined...
of goods or passengers and the consignor
Consignor
The consignor, in a contract of carriage, is the person sending a shipment to be delivered whether by land, sea or air. Some carriers, such as national postal entities, use the term "sender" or "shipper" but in the event of a legal dispute the proper and technical term "consignor" will generally be...
, consignee
Consignee
In a contract of carriage, the consignee is the person to whom the shipment is to be delivered to whether by land, sea or air.-A brief statement of law:...
or passenger
Passenger
A passenger is a term broadly used to describe any person who travels in a vehicle, but bears little or no responsibility for the tasks required for that vehicle to arrive at its destination....
. Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God
Act of God
Act of God is a legal term for events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible.- Contract law :...
and including clauses such as force majeure
Force majeure
Force majeure or vis major "superior force", also known as cas fortuit or casus fortuitus "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of...
. Among common carrier
Common carrier
A common carrier in common-law countries is a person or company that transports goods or people for any person or company and that is responsible for any possible loss of the goods during transport...
s, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document.
Air travel
In July 2010, it became widely public that Southwest AirlinesSouthwest Airlines
Southwest Airlines Co. is an American low-cost airline based in Dallas, Texas. Southwest is the largest airline in the United States, based upon domestic passengers carried,...
had classified mechanical difficulties as an act of God
Act of God
Act of God is a legal term for events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible.- Contract law :...
in their contract of carriage, expanding the definition formerly shared with Delta, American, Continental and United.. 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.
Rail travel
Cross-border European railway tickets are covered by the CIVCIV (rail travel)
CIV or International Convention for the transportation of Passengers in rail transport refers to a set of uniform rules shared by European railway operators, to cover international journeys...
conditions of sale.
External links
Airline contracts- Contract of Carriage, Hawaiian AirlinesHawaiian AirlinesHawaiian Airlines, Inc. is a major airline of the United States. It is the largest airline based in the State of Hawai'i, and is the 11th largest commercial airline in the country. Based in Honolulu CDP, City and County of Honolulu, the airline operates its main hub at Honolulu International...
. Viewed 3 April 2006. - Contract of Carriage, Alaska AirlinesAlaska AirlinesAlaska Airlines is an airline based in the Seattle suburb of SeaTac, Washington in the United States. The airline originated in 1932 as McGee Airways. After many mergers with and acquisitions of other airlines, including Star Air Service, it became known as Alaska Airlines in 1944...
. Viewed 11 April 2008. - Terms and conditions, FedExFedExFedEx Corporation , originally known as FDX Corporation, is a logistics services company, based in the United States with headquarters in Memphis, Tennessee...
. Viewed 3 April 2006.