A contract of carriage is a
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
between a carrier of goods or passengers and the
consignor
The consignor, in a contract of carriage, is the party
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or ...
,
consignee
{{Admiralty law
In a contract of carriage, the consignee is the Party (law), entity who is financially responsible (the buyer) for the receipt of a shipment. Generally, but not always, the consignee is the same as the receiver.
If a sender dis ...
or
passenger
A passenger (also abbreviated as pax) is a person who travels in a vehicle, but does not bear any responsibility for the tasks required for that vehicle to arrive at its destination or otherwise operate the vehicle, and is not a steward. The ...
. Contracts of carriage typically define the rights, duties and liabilities of
parties
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature ...
to the contract, addressing topics such as
acts of God and including clauses such as (removing
liability for extraordinary occurrences beyond control of the parties). Among
common carrier
A common carrier in common law countries (corresponding to a public carrier in some civil law systems,Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods" usually called simply a ''carrier'') is a person or compan ...
s, they are usually evidenced by standard
terms and conditions
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as t ...
printed on the reverse of a ticket or carriage document. Notification of a
shipment
Freight transport, also referred as ''Freight Forwarding'', is the physical process of transporting commodities and merchandise goods and cargo. The term shipping originally referred to transport by sea but in American English, it has been ext ...
’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
Southwest Airlines Co., typically referred to as Southwest, is one of the major airlines of the United States and the world's largest low-cost carrier. It is headquartered in Dallas, Texas, and has scheduled service to 121 destinations in the U ...
had classified mechanical difficulties as an
act of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in con ...
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.
Involuntary denied boarding
Airlines may sell more tickets for a flight than the number of seats that are actually available. This overselling can result in too many passengers turning up for a flight. When this happens, the airline first asks for volunteers to give up their seat in return for compensation. However, if there are not enough volunteers, the airline itself designates which passengers will have to give up their seats. This process is called involuntary denied boarding or (less formally) bumping.
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.
According to aviation analyst Henry Harteveldt, the airline's contract of carriage favors the company, not the passenger. Involuntary denial of boarding is not uncommon 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
''Insider'', previously named ''Business Insider'' (''BI''), is an American financial and business news website founded in 2007. Since 2015, a majority stake in ''Business Insider''s parent company Insider Inc. has been owned by the German publ ...
.
Rail travel
Cross-border European railway tickets are covered by the
CIV conditions of sale.
References
External links
;Airline contracts
Contract of Carriage Hawaiian Airlines
Hawaiian Airlines ( haw, Hui Mokulele o Hawaiʻi ) is the largest operator of commercial flights to and from the U.S. state of Hawaii. It is the tenth-largest commercial airline in the United States, and is based at Honolulu, Hawaii. The airl ...
. Viewed 23 December 2012.
Contract of Carriage Alaska Airlines
Alaska Airlines is a major American airline headquartered in SeaTac, Washington, within the Seattle metropolitan area. It is the sixth largest airline in North America when measured by fleet size, scheduled passengers carried, and the numb ...
. Viewed 11 April 2008.
Terms and conditions FedEx
FedEx Corporation, formerly Federal Express Corporation and later FDX Corporation, is an American multinational conglomerate holding company focused on transportation, e-commerce and business services based in Memphis, Tennessee. The name "Fe ...
. Viewed 3 April 2006.
Public transport fare collection
Freight transport
Transport law
Contract law
Terms of service
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