Contract for the provision of transport services with the crew sample

In order to cover the maximum number of markets, organizations either use the services of logistics companies to deliver their products or do it on their own. In any case, such actions must be formalized correctly.

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What it is

Transport services are actions to move cargo in space, agreed upon between the contractor and the customer. Such services are provided on a reimbursable basis, are regulated by Chapter 40 of the Civil Code of the Russian Federation and are drawn up according to a standard contract.

However, such services have a number of distinctive features:

they are part of the production process, since its end is considered to be the moment the goods are transferred to the buyer;
like all services, they cannot be stored in time;
they are subject to seasonal and spatial variations;
are largely regulated by the government.

Due to the growth in the volume of commodity production, the market for transport services is also developing rapidly.

Termination

According to the norms of civil law, the parties to a contract for the provision of paid services have the right to terminate the transaction at any time by mutual agreement or unilaterally.

It should be borne in mind that the initiator of unilateral termination of the transaction is obliged to compensate the counterparty for damage caused by the early termination of the contractual relationship.

To avoid conflicts , the text of the contract must indicate :

how many days in advance and in what form must the initiator of termination of the contract notify the counterparty of his decision;
final payments for services rendered should be made ;
in what order is a claim for compensation for damage caused by early termination of the contract made?
within what time period this damage must be compensated.

If it was not possible to terminate the contract voluntarily , this can be done in court.

We discuss the nuances of concluding contracts for the provision of cleaning, accounting, educational, consulting, marketing, repair, real estate, medical and legal services in separate articles.

Types of services

The rules for registering transport services depend on its type. By type they are:

transportation;
not transportation.

Depending on the transport used:

by sea transport;
automobile;
railway;
air;
aviation.

Depending on the distances over which the cargo is transported:

long-distance (from one country to another or within one country);
local.

Depending on the actions that are performed with the cargo, the transport service consists of:

shipping;
loading and unloading operations;
storage;
rental and hire;
repair.

Manufacturing organizations prefer to cooperate with large logistics companies, since they already have a well-established system for providing such services.

They are well acquainted with the documentation that needs to be completed and have their own storage facilities. By carrying out transportation on their own, organizations can incur more costs than by resorting to the services of a specialized agency.

Contract for chartering a bus for transporting children

Organized transportation of children by bus is carried out on the basis of a charter agreement. It is permissible to conclude such an agreement in the form of a work order.

Its content is established by Appendix No. 4 of the Rules for the transportation of passengers and baggage by motor transport and urban ground electric transport, approved by Decree of the Government of the Russian Federation of February 14, 2009 No. 112 (see paragraph 5 of clause 1 of the section “Required documents” of the Instructions for organizers of transportation of groups of children by buses, approved Ministry of Internal Affairs of the Russian Federation).

The charter agreement is subject to storage by the charterer and the charterer for 90 days after each organized transportation of children, and if an accident occurs during the trip, then for 3 years (clause 5 of the Rules for the organized transportation of a group of children by bus, approved by Decree of the Government of the Russian Federation dated 17.12 .2013 No. 1177). Before changes were made to the Transportation Rules in September 2020, all contracts were subject to a 3-year storage period.

In this situation, a copy of the charter agreement must be handed over to the driver assigned to transport children 2 working days before such transportation (paragraph 2, clause 7 of Regulation No. 1177).

Form and content of the document

The execution of the contract depends on what exactly is being transported, how and over what distance. The list of required documents also depends on these factors.

A contract for this service is drawn up according to the sample. Like any standard document, it contains the following points:

item;
rights and obligations of both parties;
procedure for receiving services by the customer;
cases and procedure for termination of the contract;
mutual responsibility of both parties;
payment;
Additional services;
details of both parties.

At the end, the contract is signed by the employer and the contractor.

You can download a free contract form for the provision of transport services using the following link.

An agreement can be drawn up for transport and freight forwarding services. In the latter case, the contractor not only transports the goods, but also monitors the implementation of customs procedures, loading and unloading operations, etc.

Algorithm of actions

The process of preparing a draft agreement can be divided into several stages:

verification of the counterparty;
determination of the subject of the transaction and the procedure for fulfilling the obligations assumed by the parties;
compiling a list of related services ;
establishing deadlines for the execution of the contract;
determining the cost of services and the procedure for making payments;
determination of conditions regarding the parties’ liability for improper fulfillment of obligations under the contract and the procedure for compensation for damage caused;
determining the conditions and procedure for terminating the contract;
establishing a procedure for resolving disputes that may arise between the parties during the execution of the transaction;
application approval ;
signing the contract.

How to compose and its sample

When drawing up the contract, a number is assigned. The date is indicated, the full name of the organization or full name is written down if the services are provided by an individual entrepreneur.

The details indicate:

legal address for the organization;
permanent place of residence for an individual entrepreneur;
bank account;
TIN;
Checkpoint.

It is important to indicate in the contract:

what kind of cargo is being transported (its main characteristics: weight, name, etc.);
accompanying documents;
what kind of transport it will be transported;
what route should the performer take;
tariffs according to which payments will be made to the driver;
storage conditions for transported goods.

All points must be specified in as much detail as possible. If the proceedings go to court, it will be easier to prove your case if you have appropriate documentary evidence.

List of additional services

The main task of the contractor under the contract is to transport cargo or passengers from point A to point B.

However, in many cases it is advisable to transfer a number of other works to him , especially if the subject of the transaction is the transportation of goods over long distances using different types of vehicles.

So, related services may include:

Preparation of accompanying documentation and completion of customs procedures .
Organization of loading and unloading operations .
Temporary storage of cargo in a warehouse and its protection during transportation.
Insurance of goods. The inclusion of this clause in the contract allows the customer to receive additional guarantees in case of damage, damage or loss of cargo during transportation.
Monitoring of cargo movements.

Since the listed services may be associated with additional costs , the contract must indicate who, the customer or the contractor, is obliged to pay for them.

What can be supplemented

It is recommended to specify in the contract the actions that the parties will resort to in the event of force majeure circumstances.

If necessary, the parties may draw up an additional agreement. Articles 434 and 452 establish the procedure for its conclusion.

The additional agreement states:

on the basis of which agreement is concluded (number and date);
essence of the addition;
the immutability of other conditions that are concluded in accordance with the main one;
the period during which, from the moment of its conclusion, the customer fulfills the relevant obligations.

The additional agreement is signed by both parties and drawn up in the same form as the main document.

A sample form is available.

Cost and payment procedure

The cost of services is determined directly in the text of the contract or is established separately for each client’s application. In the second case, you can draw up an appendix to the contract with a list of carrier prices. In this case, it is advisable to indicate in the document a possible procedure for changing such a price list.

Payments under the contract are made in a lump sum or divided into stages. The parties have the right to provide for an advance payment condition .

Payment terms are set as a fixed date , if one can be determined, or tied to some event . For example, the customer can make payments within 5 banking days from the moment the cargo is accepted at the destination or after the carrier issues an invoice.

The text of the agreement also establishes the form of payment : cash or bank transfer. In addition, if the parties work on a common taxation system, it is necessary to indicate the inclusion of VAT in the cost of services.

Validity

When providing transport services, establishing its terms has certain nuances. The following terms are considered separately:

the contract itself;
obligations that are its result (for example, providing reports on the work done, processing the delivery and acceptance of services, payment).

Such detail allows you to avoid conflict situations between the parties.

The Agreement comes into force from the moment it is signed and is valid until the time specified in it. It must be remembered that either party must declare its termination 10 days before the end of the contract, otherwise it is considered extended for the next year.

Sample contract for the provision of special equipment services 2020 free download standard form example form

Agreement

for the provision of services for the provision of construction equipment and vehicles

_________ "___" ___________ 20__

“__________________”, hereinafter referred to as the “Customer”, represented by director _______________, acting on the basis of the Charter, on the one hand, and _____________________________, hereinafter referred to as the “Contractor”, represented by _____________________________, acting on the basis of the Charter, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Contractor is obliged to provide the Customer with vehicles - hereinafter referred to as “Special equipment” - to perform the work, and the Customer is obliged to pay for the services provided. Special equipment is provided to the Customer with service personnel and in technically sound condition.

1.2. Special equipment is provided based on the Customer's requests. The list of Special Equipment and the cost of services are determined in Appendix No. 1, which are an integral part of this agreement.

1.3. Services provided are documented monthly with a certificate of services rendered, which reflects the actual time worked on the basis of shift reports and invoices signed by the Customer’s representative.

2. OBLIGATIONS OF THE PARTIES

2.1. The “Customer” undertakes:

2.1.1. Submit applications to the Contractor's control room for the allocation of special equipment

in writing (by fax) indicating the brand, its quantity, time of use, exact address of the object, date and time of arrival.

2.1.2. Before the start of work, prepare access roads and the work site for special equipment, maintain them (access roads to loading and unloading points, loading and unloading areas) in good (working) condition for the unhindered movement of special equipment.

2.1.3. Have certified slingers, trained and responsible engineers

for the safe performance of work or movement of goods by cranes.

2.1.4. Monitor compliance with labor protection and safety regulations when performing work with special equipment.

2.1.5. Provide the driver of special equipment with accompanying documents for all types of cargo presented for transportation.

2.1.6. In case of failure (breakdown) of special equipment, immediately notify

about this "Performer".

2.1.7. In case of refusal to provide services within the framework of the application, inform the “Contractor” about this no later than 17.00 hours of the day preceding the day of use of the special equipment. Otherwise, the “Customer”, by mutual agreement of the Parties, compensates the “Contractor” for losses, but not more than the cost of one machine shift.

2.1.8. Do not transfer the special equipment provided under this Agreement to third parties.

2.1.9. Pay for services in the amount and in the manner provided for in this agreement.

2.2. The “Executor” undertakes:

2.2.1. Provide the “Customer” with special equipment in accordance with the accepted application in good condition.

2.2.2. Bear the costs of maintaining specialists servicing the special equipment provided to the “Customer”.

2.2.3. Ensure normal and safe operation of special equipment. Bear the costs associated with the operation of special equipment, including the cost of paying for fuel and other consumables.

2.3. Operational management of the work of special equipment is carried out by the “Customer”,

and technical - “Executor”.

2.4 Promptly present for registration to the “Customer” an act of services rendered and an invoice for payment for services rendered.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The amount of payment for the services provided is calculated on the basis of the Contractor's invoices issued depending on the category of special equipment provided.

3.2. Payment is made by the “Customer” by bank transfer monthly, within 5 (five) banking days from the moment the “Contractor” submits an invoice, an act of services rendered and a shift report signed by the “Customer’s” representative.

3.3. For delays in payment for services performed beyond the established deadlines, the “Customer” pays a penalty (penalty) in the amount of 0.1% for each day of delay in payment of the debt, in accordance with the Civil Code of the Russian Federation.

4. RESPONSIBILITY OF THE PARTIES. SETTLEMENT OF DISPUTES

4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the legislation of the Russian Federation and this Agreement.

4.2. In the event of destruction or damage to the special equipment provided under this contract, the Contractor has the right to demand compensation from the Customer for damages if the latter proves that the death or damage to the special equipment occurred through the fault of the Customer in accordance with the legislation of the Russian Federation and this agreement.

4.3. In the event that special equipment is left by the “Contractor” on the territory (facility) of the “Customer” without the presence of the “Contractor’s” service personnel, the “Contractor” is obliged to agree in writing with the “Customer” on such an event, in order for the “Customer” to ensure the protection of the special equipment until the return of the “Contractor’s” service personnel. .

4.4. Disputes under this Agreement are resolved through negotiations, and if no agreement is reached, they are referred to the Arbitration Court of the Lipetsk Region.

5. DURATION OF THE AGREEMENT. OTHER CONDITIONS

5.1. This Agreement comes into force from the moment of signing and is valid

until December 31, 2012

5.2. If neither Party no later than thirty calendar days

does not declare in writing its intention to terminate it before the expiration of this Agreement, then this Agreement is considered automatically extended.

next year.

5.3. Any changes and additions to this agreement are valid only if they are made in writing and signed by both parties.

5.4. This Agreement is drawn up and signed in two copies having equal legal force, one for each Party.

6. ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES

____________________/ ______________ / ___________________/______________ /

to Agreement No.___ dated 01/01/2012

for the provision of services between

LLC "________________" and LLC "Vaak-Tech"

Price list for Special Equipment

*- the minimum time for ordering a trawl is 4 hours, the cost of trawl services may vary depending on the size, weight and distance of the cargo being transported.

-prices are indicated taking into account the operation of equipment for the entire shift for 8 machine hours.

Payment for services is made within 5 calendar days from the date of provision of the invoice for the actual time worked on the basis of a signed shift report from the customer’s representative.

-for truck cranes, manipulators, aerial platforms, BKM-317, mileage per shift is 100 km.

— for trucks (dump truck, 55111,5320,5410,551605,6422A5) mileage per shift is 200 km.

— for a JSB backhoe loader, the mileage per shift is 50 km.

Customer Executor JSC

LLC "________________" LLC "Vaak-Tech"

Director_____________ Director ________________Vaak-Tech LLC

Nuances

The design of transport services depends on who provides them and what their nature is.

For cargo transportation

According to Article 785, in such a situation, a contract for the carriage of goods is drawn up, confirmed by a waybill. It is compiled by the shipper. It specifies all the necessary conditions.

You can also create a waybill. Unlike the previous document, it confirms the costs of transporting goods. An application from the shipper for the transportation of goods is also drawn up.

Another additional document is the accompanying statement. It is drawn up if the goods are packaged in containers, and during transportation they will need to be removed from the vehicle.

If the cargo belongs to the category of perishable goods, you need a certificate of its quality. To calculate transportation costs, a waybill is issued.

With an individual

According to paragraph 3 of Chapter 32, a lease agreement for a vehicle with a crew is concluded with an individual, if he provides transport services. An individual not only provides his transport for the use of the organization, but also provides the service of managing it.

In this case, personal income tax is charged on the entire amount for which the agreement is concluded, since the individual is not registered as an individual entrepreneur. Insurance premiums are paid only from the amount accrued for driving a vehicle.

To make it easier to calculate such indicators, the contract separately specifies the fee for transferring vehicles for use by the organization and for driving.

IP with IP

The code imposes the same requirements on an individual entrepreneur as on legal entities. The contract obliges him to deliver the cargo intact to the specified place and within the agreed period.

The organizational and legal status of the carrier, whether it is an individual entrepreneur or a legal entity, does not affect the process of concluding an agreement on transport services, that is, the following documents are required:

contract of carriage;
waybill;
act of acceptance and transfer of service results;
waybill.

The waybill is used to track costs, for example, for the purchase of fuel for a car.

They depend on the type of transport used:

passenger car;
cargo;
Taxi;
passenger

Individual entrepreneurs use waybills that they develop independently. The main thing is that they contain all the necessary data:

vehicle characteristics;
its owner and driver;
waybill number;
its name;
validity.

In practice, payment for services is made on a 50/50 basis. That is, half of the amount is paid in advance, the rest is paid after the customer receives the goods.

For the carriage of passengers

When transporting passengers, the driver is responsible for the lives and health of citizens. This explains the increased requirements for his qualifications. He must have the appropriate category of driver's license, allowing him to engage in passenger transportation. This is established by Chapter 59 of the Civil Code of the Russian Federation.

The main standards are prescribed in Article 786 of the Civil Code of the Russian Federation. It regulates the duties of the passenger and the performer:

The Contractor is obliged to deliver the Passenger to the agreed point.
The Provider is obliged to deliver the Passenger's luggage to the agreed point and release it.
The passenger is obliged to purchase and, at the Contractor’s request, present a ticket, which is proof of transportation.
If a passenger behaves inappropriately, the Contractor has the right to remove him.

The passenger also has the right to carry-on luggage within the specified limits.

With crew

A crew is required if:

transportation of a large number of people (organization of celebrations (weddings, birthdays));
forwarding services.

The contract states that the services are for the rental of a vehicle with a crew. Such a lease implies not only the provision of transport for use, but also its management.

Agreement form.

LEASE CONTRACT

GENERAL PROVISIONS

1.1. The Lessor transfers for temporary possession and use to the Lessee

a car
of the make , year of manufacture, production, identification number (VIN), engine No., body No., colors, license plate, registered "" 2020 in the traffic police of the region, hereinafter referred to as "Transport", for use in in accordance with the needs of the Lessee for the purposes of, and also provides the Lessee with its own services for the management of the Transport and its technical operation.

1.2. The use of the vehicle must not contradict its intended purpose.

1.3. The lessor is given the right to use the leased car for personal purposes during non-working hours. Working hours are determined in accordance with the Tenant’s internal labor regulations.

1.4. The Lessee has no right, without the written consent of the Lessor, to sublease the rented car under the terms of the lease agreement for a vehicle with or without a crew.

1.5. Partial and early fulfillment by the parties of their obligations under this agreement is permitted.

1.6. For the duration of this agreement, the Lessor transfers the relevant documents to the Lessee.

1.7. The vehicle is insured under contract dated "" 2019 No. Copy attached.

1.8. The car is delivered complete with.

1.9. The car is handed over.

1.10. The car belongs to the Lessor on the basis of " " 2019.

AGREEMENT CONDITIONS

2.1. The Lessor provides the Lessee with a vehicle for a fee for temporary possession and use with the provision of its own services for its management and technical operation, and the Lessee, upon expiration of the lease agreement, returns the vehicle in good condition. The transfer of the car is carried out according to the acceptance certificate, which is drawn up and signed by both parties (Appendix No. 1 to the agreement) and is an integral part of this agreement. When handing over the car, the parties check its technical condition, discuss existing faults and the procedure for eliminating them. This should be reflected in the transfer and acceptance certificate. The acceptance certificate is drawn up daily.

2.1.1. For the first time, Transport is provided to the Lessee no later than days from the date of signing this agreement. Subsequently - every day at the clock. The location of the location is determined by the Lessee's verbal instructions.

2.2. The lessor carries out the management of the rented car and its operation, both commercial and technical, on his own.

2.3. The lessor for the entire period of the rental agreement for the vehicle with crew

is obliged to maintain the proper condition of the leased vehicle, including maintenance and routine maintenance, major and current repairs of the vehicle at his own expense within the time limits agreed with the Lessee.

2.3.1. The services provided to the Lessee by the Lessor for the management and technical operation of the vehicle must ensure its normal and safe operation in accordance with the purposes of the lease specified in the agreement.

2.4. The composition of the vehicle crew and its qualifications must comply with the rules and terms of the contract that are binding on the parties, as well as the requirements of the usual practice of operating a vehicle of this type and the terms of the contract. Crew members are employees of the Lessor. They are subject to the Lessor's instructions relating to management and technical operation, and the Lessee's instructions regarding the commercial operation of the vehicle.

2.5. The lessor bears the costs of paying for the services of crew members, as well as the costs of their maintenance. The lessor is responsible for insuring the vehicle and/or liability insurance for damage that may be caused by it or in connection with its operation.

2.6. The lessee bears the costs arising in connection with the commercial operation of the vehicle, including the cost of paying for fuel and other materials consumed during operation and paying fees.

2.7. The Lessee undertakes to return the car to the Lessor in proper technical condition upon expiration of the contract, taking into account normal wear and tear.

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Lessor undertakes

provide the Lessee with Transport in accordance with the terms of this agreement;
during the entire period of validity of this agreement, maintain the proper condition of the leased Transport, including carrying out routine and major repairs and providing the accessories necessary for operating the Transport for the purposes of this agreement;
provide the Lessee with services for the management and technical operation of the Transport, ensuring its normal and safe operation in accordance with the purposes of this lease agreement;
ensure that the composition of the crew and its qualifications (including the ability to drive vehicles of the appropriate category) comply with the requirements of the usual practice of operating transport of this type and the terms of this agreement;
conclude the necessary employment contracts with the crew, 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 in connection with its operation;
conscientiously use the consumable materials provided by the Lessee and, upon the Lessee’s request, provide a report on their use.

The crew members are the Lessor's employees or persons with whom the Lessor has properly formalized labor relations. Crew members are subject to the Lessor's orders relating to management and technical operation, and the Lessee's orders relating to the commercial operation of the vehicle.

3.2. The tenant undertakes

bear the costs arising in connection with the commercial operation of the Transport, including the costs of paying for fuel and other consumable materials. This obligation is carried out by the Lessee in the following order: at the verbal request of the crew members, the Lessee purchases and provides the crew with the fuel and other consumables necessary for the purposes of this agreement;
pay rent in accordance with the terms of this agreement.

3.3. The Lessee has the right at any time to demand replacement of the crew or crew member who does not meet the requirements of this Agreement.

PAYMENT PROCEDURE

4.1. The rent under this agreement is rubles, including VAT, for a total of rubles.

4.2. The payments provided for in clause 4.1 of the agreement are paid by the Lessee monthly no later than the day of the month following the month in which the car was used. The rent is transferred by the Tenant to the Lessor by bank transfer.

4.3. The rent may be revised by the parties ahead of schedule at the request of one of the parties in cases of changes in prevailing prices, but not more than once a year, and the party that initiated the rent revision must notify the other party about this months in advance by sending this party a written notice. Upon receipt of notice of an increase in rent, the Tenant has the right to terminate the contract unilaterally.

4.4. Rent received in a smaller amount may not be accepted by the Lessor.

Read more: Reimbursement of transportation costs under a supply agreement

CONTRACT TIME

5.1. The agreement was concluded for a period from " " 2020 to " " 2020 and can be extended by the parties by mutual agreement for a period.

5.2. The agreement comes into force from the moment of its signing.

RESPONSIBILITY OF THE PARTIES

6.1. The lessee is responsible for the safety of the rented vehicle during working hours. If the car is lost or damaged during this time, the Lessee is obliged to compensate the Lessor for the damage caused or provide an equivalent car within days after its loss or damage. The amount of compensation is determined by agreement of the parties. In case of delay in payments to compensate for damage or provision of an equivalent car within the specified period, the Lessee shall pay a penalty in the amount of % of the cost of damage or the estimated value of the car specified in clause 12.2 of the agreement.

6.1.1. In the event of loss or damage to the Transport, the Lessee is obliged to compensate the Lessor for losses incurred if the latter proves that the loss or damage to the Transport occurred due to circumstances for which the Lessee is responsible in accordance with the law or this agreement.

6.1.2. The Lessor is responsible for damage caused to third parties by the Transport, its mechanisms, devices, and equipment. He has the right to make a recourse claim against the Tenant for reimbursement of amounts paid to third parties if he proves that the damage arose through the Tenant’s fault.

6.2. In case of delay in rent payment, the Tenant shall pay a penalty in the amount of % of the debt amount for each day of delay, but not more than the amount of the monthly rent.

6.3. For delay in providing the rented Vehicle within the period established by the contract, the Lessor shall pay the Lessee a penalty in the amount of % for each day of delay of the rental amount, but not more than % of the rental amount.

6.4. For delay in returning the rented Vehicle within the period established by the contract, the Tenant shall pay the Lessor a penalty in the amount of % for each day of delay of the rental amount for, but not more than % of the rental amount for.

6.5. When returning a faulty rented Vehicle damaged due to the Tenant's fault, as confirmed by a bilateral act, the Tenant shall pay the Lessor repair costs and a fine in the amount of % of the cost of the damaged rented property.

6.6. For the transfer of the Transport for the use of other persons, for intentional damage or deliberate destruction, the Lessee shall pay the Lessor the cost of the Equipment, taking into account wear and tear, and, in addition, a fine in the amount of % of the cost of the Transport at the time of concluding this agreement.

6.7. Payment of the penalty does not relieve the Tenant from fulfilling the obligation to pay the principal debt.

6.8. The Lessor is responsible for the safety of the vehicle during non-working hours. If the rented car is damaged or lost when used in accordance with clause 2.6 of this agreement, the Lessor is obliged to repair the damage at his own expense.

6.9. Responsibility for damage caused to third parties by a rented car is borne by the Lessee in accordance with current legislation - during working hours, and by the Lessor - during non-working hours.

TERMINATION OF AN AGREEMENT

7.1. This agreement may be terminated early:

by written agreement of the parties;
unilaterally if one of the parties refuses this agreement in cases where the possibility of such refusal is provided for by law or this agreement;
in other cases provided for by law or agreement of the parties.

If one of the parties objects to the early termination of the agreement, the termination of the agreement is carried out in court in compliance with the rules on jurisdiction established by clause 7.2 of this agreement.

7.2. At the request of the Lessor, the agreement may be terminated early by the court if the Lessee:

7.2.1. Uses the provided Transport (in its entirety or its individual parts) for purposes other than those provided for in clause 1.1 of this agreement.

7.2.2. Intentionally or through negligence significantly worsens the condition of the vehicle.

7.2.3. During the period does not pay the rent provided for in clause 4.1.

7.2.4. Provides the rental car (entirely or parts thereof) for use to third parties.

7.3. At the request of the Tenant, the contract may be terminated early by the court in the following cases:

7.3.1. If the Transport, due to circumstances for which the Lessee is not responsible, turns out to be in a condition unsuitable for use.

7.3.2. If the Lessor does not transfer the Rented Car within the period provided for in this agreement (clause 2.1.1).

SETTLEMENT OF DISPUTES

8.1. All disputes or disagreements arising between the parties under this agreement or in connection with it are resolved through negotiations between the parties.

8.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in a court of general jurisdiction on the territory of the Russian Federation on the basis of the law of the Russian Federation and in the manner established by the legislation of the Russian Federation in accordance with Articles 29 and 32 of the Code of Civil Procedure of the Russian Federation.

8.3. The applicable law of the parties is the legislation of the Russian Federation.

8.4. On issues not regulated by the agreement, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Russian Federation and local governments. If the terms of the contract contradict the provisions of laws and other legal acts, the law or other legal act shall be applied.

CONFIDENTIALITY

9.1. The terms of this agreement and agreements (protocols, etc.) thereto are confidential and not subject to disclosure.

9.2. The parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other party, do not inform third parties about the details of this agreement and its annexes.

FORCE MAJEURE

10.1. Neither party is liable to the other party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties that cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.

10.2. A party that cannot fulfill its obligation must notify the other party of the obstacle and its impact on the fulfillment of obligations under the contract within a reasonable time from the moment these circumstances arise.

10.3. The further fate of this agreement in such cases must be determined by agreement of the parties. If agreement is not reached, the parties have the right to go to court to resolve this issue.

PROCEDURE FOR CHANGING AND ADDING TO THE AGREEMENT

11.1. Any changes and additions to this agreement are valid only if they are in writing and signed by both parties.

11.2. Early termination of the contract may take place by agreement of the parties or on the grounds provided for by the civil legislation in force on the territory of the Russian Federation, with compensation for losses incurred.

OTHER CONDITIONS

12.1. Changing the terms of the agreement, its termination and termination is permitted only by written agreement of the parties.

12.2. By agreement of the parties, the rented car is valued at rubles. This assessment is taken into account when compensating for damage.

12.3. This agreement is drawn up in 2 copies having equal legal force. In case of translation of the text of the agreement and any annex to it into a foreign language, the text in Russian will prevail.

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12.4. If the details change, the parties are required to notify each other in writing by registered mail.

12.5. In all other respects not provided for in this agreement, the parties will be guided by the current legislation of the Russian Federation.

12.6. The Transfer and Acceptance Certificate is attached to this agreement.

Claim

If one of the parties considers the obligations of the other party unfulfilled, it draws up a pre-trial claim and sends it to the counterparty.

The claim states:

date and number of the contract under which the transport service was provided;
nature of the transport service;
its cost;
period of delay, if any;
other claims;
the amount that the other party must pay as compensation.

The contract is then signed by the party filing the claim. If a claim goes unaddressed by the potentially at-fault party, a claim is filed against that party.

Thus, the contract is drawn up depending on who transports the goods and by what means of transport. The Contractor is responsible for it to the Customer, and he, in turn, must pay.

Contract for chartering a bus for transporting passengers

The contract for chartering vehicles hired to transport passengers and luggage is always drawn up in writing (Clause 1, Article 27 of the Federal Law “Charter of Motor Transport and Urban Ground Electric Transport” dated November 8, 2007 No. 259-FZ).

The content of such an agreement is regulated by law and must include the following (clause 2 of Article 27 of the Charter):

information about the charterer and charterer: names of organizations or individual entrepreneurs, names of authorized persons, details of documents on the basis of which they act;
type and number of vehicles hired;
an indication of the specific place where the requested transport will be delivered;
description of the transportation route;
an indication of a specific or indefinite circle of persons for whose transportation the transport is ordered;
terms of transportation;
cost of transport services;
regulations for the admission of passengers to board transport, taking into account the rules for transporting passengers, if road transport is hired to transport a certain circle of persons (for example, children).

In addition to the specified information, additional clauses may be included in the charter agreement (including the rights and obligations of the parties, the procedure for resolving disputes, etc.).

If disputes arise, the court will evaluate the presence of all mandatory clauses of the contract, otherwise it may be recognized as not concluded (for example, the decision of the Voroshilovsky District Court of Rostov-on-Don dated September 14, 2015 in case No. 12-213/2015).

As a form of concluding a contract for chartering vehicles for the purpose of transporting passengers and luggage, it is allowed to issue a work order in cases where there is no need for systematic transportation (clause 4 of Article 27 of the Charter).

An interesting selection of court decisions on charter agreements is offered by ConsultantPlus. If you do not yet have access to the ConsultantPlus system, you can obtain it free of charge for 2 days.