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PRACTICAL

PRACTICAL. INFLUENCE OF. INTERMEDIARIES. INTERMEDIARY. TRANSPORT FORWARDING. TRANSPORT AGENT’S SERVICES. TRANSPORT FORWARDING provision of services to freight owner. freight owner. freight forwarder. agent. transport operator. TRANSPORT AGENT’S SERVICES

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PRACTICAL

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  1. PRACTICAL INFLUENCE OF INTERMEDIARIES

  2. INTERMEDIARY TRANSPORT FORWARDING TRANSPORT AGENT’S SERVICES

  3. TRANSPORT FORWARDING provision of services to freight owner freight owner freight forwarder agent transportoperator TRANSPORT AGENT’S SERVICES provision of services to transport operator

  4. Transport forwarding activity: • Chapter 41 of the Civil Code of the Republic of Belarus • «Transport forwarding activity» Act № 124-З of the Republic of Belarus dated 13.06.2006 • Rules of transport forwarding activity in the Republic of Belarus (ratified bythe Resolution № 1766 of the Council of the Ministry of the Republic of Belarus on 30 December 2006 Sources of legal regulations national

  5. agreement to carry cargo is the agreement under which a transport operator undertakes to deliver the cargo entrusted to him by the sender to the point of destination and give it to the authorised person to receive the cargo (receiver), whilst the sender undertakes to pay the fixed remuneration for the transport of the cargo. agreement to carry passengers is the agreement under which a transport operator undertakes to carry passengers to the point of destination and, in case a passenger has luggage, to also deliver the luggage to the point of destination and give it to the authorised person to receive the luggage; the passenger undertakes to pay for the fixed fee for transport and, if there is luggage, to pay for it also. agreement for freightage is the agreement under which one side (consignor) undertakes to deliver to the other side (consignee) all or part of the capacity of one or several transport vehicles in one or several journeys for the transport of goods, passengers and luggage. Types of transport agreements Classification of transport agreements Main transport agreements

  6. contract of freight forwarding is a contract under which one party (freight forwarder) assures that he will cover the fees of the other party (the client – the consignor or consignee) to provide or arrange for provision of certain contract expedition services related to shipping transport agency service agreement is a contractunderwhich one party (agent) undertakes to take legal actions in the field of transport as a permanent representative of the other party (the carrier) within a certain territory volume contract is a contractunderwhich the carrier undertakes to accept the cargo for transport, and the cargo owner – to present the cargo for transport, within the fixed deadlines and in specified volumes Types of transport agreements Classification of transport agreements Adjacent transport agreements

  7. Writtenform Methods: • drafting a document signed by the parties; • conclusion of the contract through exchange of written communications; • issuance of the transport document Methods to sign the transport contracts

  8. Status of forwarder

  9. Grounds: • failure to provide the carrier with information necessary for the transport operation • failure to pay for carrier services The amount of liability is determined by the losses of the carrier Liabilityunder Transport Law Liability of the consignor

  10. Grounds : • Non-respect of the deadlines for processing of the vehicleuponunloading • failure to pay for carrier services The amount of liability is determined by the losses of the carrier Liabilityunder Transport Law Liability of the consignee

  11. Grounds: • failure to provide the forwarder with information necessary for forwarding services • failure to pay for forwarding services The amount of liability is determined by the losses of the forwarder Liabilityunder Transport Law Liability of the client

  12. Grounds: • loss, shortage or damage of the cargo • delay in delivery Amount: • For the carriage with declared value of goods, the liability of the carrier is limited to the declared value. • For the carriage without declaring the cargo value, the liability of the carrier is determined based on the cost of goods at the place of departure, but can not exceed a certain cost limit. • The limits of liability of the carrier for delay in delivery, are usually "tied" to the cost of transportation (freight). Liabilityunder Transport Law Liability of the carrier

  13. Depending on the status, the amount of freight forwarder's liability is determined: • by the losses of the client; • by the rules applicable to the liability of the carrier Amount: • Grounds: • unfaithfulfulfilment of the contract of freightforwarding • loss, shortage or damage of the cargo • delay in delivery or The amount of liability is determined by the losses of the principal (carrier) • Grounds: • unfaithfulfulfilment of the contractof transport agent Liabilityunder Transport Law Liability of the forwarder Liability of the transport agent

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