Contract of Carriage of Passengers

CONTRACT OF CARRIAGE OF PASSENGERS
Article 1755. A common carrier is bound to carry the passengers safely as far as
human care and foresight can provide, using the utmost diligence of very cautious
persons, with a due regard for all the circumstances.
Article 1756. In case of death of or injuries to passengers, common carriers are
presumed to have been at fault or to have acted negligently, unless they prove that they
observed extraordinary diligence as prescribed in articles 1733 and 1755.
Obligations of Shipper
1. Duty to exercise due diligence in avoiding damage or injury.
2. Duty to disclose the proper information about the storage of cargoes
3. Duty to pay freight
a. Time to pay freight – w/o stipulation – within 24 hours of delivery
b. Shipper may pay the freight but the parties may stipulate that the
consignee shall pay the same at the point of destination.
4. IF SEA –
a. Vessel not departed in time and the delay is unreasonable – passenger
may get his ticket refunded without any refund service free
b. Passenger who no longer wants to use the carrier or has actually failed to
board the vessel can refund or revalidate the ticket subject to surcharges.
5. Timely loading and unloading – date, time, and place agreed upon
6. Permits
7. Shipper’s load and count
Obligations of passenger
1. Duty to pay proper fare
2. Present himself in the proper place and time
3. Exercise ordinary diligence in the conduct of his or her affairs
4. Travel documents
5. Prohibited from transporting illegal materials or goods including animals.
6. IF AIR
a. No interfering with crew member in the performance of his or her duties
b. Passenger shall fasten his or her seat bealt and keep it fastened
c. No person shall recklessly and negligently act in such a manner to
endanger persons, properties, and aircraft.
d. No person may secrete cargo on board
e. No person may smoke while the no-smoking sign is lighted
f. No person may smoke in any airplane lavatory
g. No person may tamper with, disable, or destroy any smoke detector
installed in any airplane lavatory.
DUTY TO DISCLOSE
FECT IF NEGLIGENCE OF SHIPPER OR PASSENGER

Article 1741. If the shipper or owner merely contributed to the loss, destruction or
deterioration of the goods, the proximate cause thereof being the negligence of the
common carrier, the latter shall be liable in damages, which however, shall be equitably
reduced.
Article 1761. The passenger must observe the diligence of a good father of a family to
avoid injury to himself.
Article 1762. The contributory negligence of the passenger does not bar recovery of
damages for his death or injuries, if the proximate cause thereof is the negligence of the
common carrier, but the amount of damages shall be equitably reduce
PAYMENT OF FREIGHT
Article 374. The consignees to whom the remittance may have been made may not
defer the payment of the expenses and transportation charges on the goods that they
received after twenty-four hours have elapsed from the time of the delivery; and in case
of delay in making this payment, the carrier may request the judicial sale of the goods
he transported to a sufficient amount to cover the transportation charges and the
expenses incurred.
Article 375. The goods transported shall be specifically obligated to answer for the
transportation charges and for the expenses and fees caused by the same during their
transportations, or until the time of their delivery.
This special right shall be limited to eight days after the delivery has been made,
and after said prescription the carrier shall have no further right of action than that
corresponding to an ordinary creditor.
DELAYED VOYAGE – late departure of the vessel from its port of origin and/or late
arrival of the vessel to its port of destination not exceeding 24 hours from the authorized
time of arrival or departure.
UNREASONABLE DELAY – the period of time that has elapse without just cause and
is solely attributable to the carrier which has prejudiced the transportation of passengers
and/or cargoes to their port of destination.
REVALIDATION – the accreditation of the ticket that is not used and intended to be
used for another voyage.
CARRIERS LIEN
Article 375. The goods transported shall be specifically obligated to answer for the
transportation charges and for the expenses and fees caused by the same during their
transportations, or until the time of their delivery.
This special right shall be limited to eight days after the delivery has been made,
and after said prescription the carrier shall have no further right of action than that
corresponding to an ordinary creditor.
ARTICLE 665. The cargo shall be specially liable for the payment of the freight
expenses, and duties arising therefrom, which must be reimbursed by the shippers, as
well as for the part of the general average which may be due, but it shall not be legal for
the captain to delay unloading on account of delay in complying with this obligation.
Should there be reasons for distrust, the judge or court, at the instance of the captain,
may order the deposit of the merchandise until he has been paid in full.
ARTICLE 666. The captain may request the sale of the cargo to the amount necessary
to pay the freight, expenses, and averages due him, reserving the right to demand the
balance due him therefor if the proceeds of the sale should not have sufficed to cover
his credit.
ARTICLE 667. The goods loaded shall be liable in the first place for their freight and
expenses during twenty days, to be counted from the date of their delivery or deposit.
During this period, the sale of the same may be requested, even though there be other
creditors and the case of bankruptcy of the freighter or consignee should occur.
This right can not be made use of, however, on the goods which after being delivered,
were turned over to a third person without malice on the part of the latter and for a
valuable consideration.
Article 2241. With reference to specific movable property of the debtor, the following
claims or liens shall be preferred:
(9) Credits for transportation, upon the goods carried, for the price of the
contract and incidental expenses, until their delivery and for thirty days
thereafter;
LIEN - is a qualified right or a proprietary interest, which may be exercised over the
property of another. It is a right which the law gives to have a debt satisfied out of a
particular thing. It is a charge on the property for payment of some debt or obligation. It
is a right, which the law gives to have a debt satisfied out of a particular thing. It signifies
a legal claim or charge on property, either real or personal, as a collateral or security for
the payment of some debt or obligation.
DEMURRAGE
LAY DAYS – the period within which to load and unload the cargo.
DEMURRAGE – the compensation provided for in the contract of affreightment for the
detention of the vessel beyond the time agreed on for loading and unloading. A claim
for damage for failure to accept the delivery. Notice of arrival of vessels or
conveyances or their placement for purposes of unloading is often a condition
precedent to the right to collect demurrage charges.
SHIPPER’S LOAD AND COUNT – the shipper has the sole responsibility for the
quantity, description and condition of the cargoes shipped in container vans.
SHIPPER’S LOAD AND COUNT ARRANGEMENT - the contents are not required to
be checked and inventoried by the carrier at the port of loading or before said carrier
enters the port of unloading in the Philippines since it is the shipper who has the sole
responsibility for the quantity description and condition of the cargoes shipped in
container vans.
OBLIGATION OF PASSENGER
Article 1761. The passenger must observe the diligence of a good father of a family to
avoid injury to himself.
DELAY TO TRANSPORTATION OF PASSENGERS
Article 698. In case a voyage already begun should be interrupted the passengers shall
be obliged only to pay the passage in proportion to the distance covered, and shall not
be entitled to recover for losses and damages if the interruption is due to an accidental
cause or to force majeure, but have a right to indemnity if the interruption should have
been caused by the captain exclusively. If the interruption should be by reason of the
disability of the vessel, and the passenger should agree to await her repair, he can not
be required to pay any increased price of passage, but his living expenses during the
delay shall be for his own account.
In case the departure of the vessel is delayed the passengers have a right to
remain on board and to be furnished with food for the account of the vessel, unless the
delay is due to an accidental cause or to force majeure. If the delay should exceed ten
days, the passengers who request it shall be entitled to the return of the passage; and
if it were due exclusively to the captain or agent they may furthermore demand
indemnity for losses and damages.
A vessel which is exclusively destined to the transportation of passengers must
take them directly to the port or ports of destination, no matter what the number of
passengers may be, making all the stops indicated in her itinerary.
AIR TRANSPORTATION OF PASSENGERS

1. no person on board may interfere with the crew member in the performance of
his or hers
2. each passenger shall fasten his or her seat belt and keep it fastened while the
seat belt sign is lighted
3. no person on board an aircraft shall recklessly or negligently act or Omit to act in
such a manner as to endanger the aircraft or persons and property therein
4. no person may secret himself or herself nor secret in cargo on board an aircraft
5. no person may smoke while the non-smoking sign is lighted
6. no person may smoke in in any airplane lavatory
7. no person may tamper with disable or destroy any smoke detector installed in
the airplane lavatory.

Contract of Carriage of Passengers

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CONTRACT OF CARRIAGE OF PASSENGERS

FECT IF NEGLIGENCE OF SHIPPER OR PASSENGER

AIR TRANSPORTATION OF PASSENGERS

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