Features of air transportation of various types of cargo. Features of air transportation of various types of cargo Air transportation key concepts

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abstract

Explanatory Note ___ pages, 8 slides

POWER POINT Presentation

Air transport, air transportation, domestic and international air transportation, scheduled air transportation, charter, operator, air carrier.

  • Introduction
  • 2.1.1 Carriage of passengers
  • 2.2 Baggage
  • 2.2.2 Legal nature of the baggage air contract
  • 2.2.3 Parties to the contract for the carriage of baggage by air
  • 2.2.4 Subject of the contract for the carriage of baggage by air
  • 2.2.5 Acceptance of baggage for carriage. Conclusion of an air baggage contract
  • 2.2.7. Term in the contract for the carriage of baggage by air
  • 2.2.8. Collection and storage of delivered baggage
  • 2.2.10 Screening of passengers and baggage
  • 2.2.11. The contents of the contract for the carriage of air passenger and baggage
  • 2.2.12 Carrier Responsibilities
  • 2.2.13 Carrier Rights
  • 2.2.14 Passenger Responsibilities
  • 2.2.15 Passenger rights
  • 2.2 Concept and elements of an air transportation agreement
  • 2.2.1 The concept of the contract for the carriage of goods by air
  • 2.2.2 Legal nature of the contract for the carriage of goods by air
  • 2.2.3 Parties to the contract for the carriage of goods by air
  • 2.2.4 Subject of the contract of air transportation of goods - transport services for the movement and delivery of goods entrusted to the carrier
  • 2.2.5 Delivery of goods for carriage
  • 2.2.6 Acceptance of cargo for transportation. Conclusion of a contract for the carriage of goods by air
  • 2.3.7 Price in the contract for the carriage of goods by air
  • 2.3.8. Term in the contract for the carriage of goods by air
  • 2.3.9 Content of the contract for the carriage of goods by air
  • 2.3.10 Rights and obligations of the carrier
  • 2.3.11 Rights and obligations of the shipper
  • 2.3.12 Rights and obligations of the consignee
  • 2.3 Analysis of the legal features of the contract of air transportation, improvement of the contract
  • 3. Environmental safety during air transportation
  • Conclusion
  • Bibliography

Introduction

Civil aviation is "a multifaceted manufacturing industry based on the most advanced achievements of science and technology, modern communication systems, management and new technologies." Being an important element of the national transport system, civil aviation ensures the satisfaction of the interests and needs of the economy and the population in air transportation. Carrying passengers, baggage and cargo by air for a fee is the main activity of commercial civil aviation.

Civil aviation achieved the highest results in the field of air transportation activities by the end of the 80s of the 20th century: “Until 1990, air transport in the Russian Federation carried out more than a third of passenger traffic. The share of air transport in the volume of civil aviation services of all countries of the world was about 53 percent. " However, subsequently, in connection with the beginning of state-political and economic transformations in Russia, there was a decrease in the performance of civil aviation. Since the late 90s, no more than 3 percent of the population used civil aviation services due to the unfavorable ratio of airfares and average per capita income, as a result of which civil aviation has virtually ceased to be a mass mode of transport.

In the past two years, there have been positive trends that have led to an annual increase in air traffic by an average of 10 percent. The federal target program "Development of the transport system of Russia (2010-2015)" provides for the restoration of the role of air transport in the country's transport system; ensuring reliable air traffic between all its regions and stable functioning of air lines in areas poorly provided with other modes of transport; increasing the availability of air services for all segments of the population; bringing the share of freight and passenger traffic carried out on new-generation domestic aircraft to 85 percent.

The implementation of the program will allow to increase the number of passengers carried by civil aircraft of the Russian Federation by 58 percent by 2015 compared to 2009; the aviation mobility of the population by 59 percent (the number of trips per 1 resident of Russia per year) and 55 percent (the number of passengers - km per 1 resident of Russia per year). In the context of reforming socio-economic relations, the solution of the tasks posed to civil aviation in the near future in the field of increasing air traffic, improving the quality of services and many other important tasks to improve the efficiency of air transport "requires improving state (economic and legal) regulation in the field of aviation activities. "

In connection with the above, the relevance of the study of the topic of the thesis chosen by us is not in doubt, since the regulation of legal relations arising in the process of air transportation is carried out by various branches of law, as a result of which there is no single regulatory framework governing air transportation. In addition, the problem of legal regulation of activities in the field of air transportation services is currently insufficiently covered in the legal literature. This leads to the need to identify and analyze the regulatory framework on air transportation.

The development of the market for services in air transport brings to a significant place in importance the problem of studying civil law relations that develop between air carriers and consumers of air transportation services. This problem is relevant, first of all, in areas of the Far North and the Far East, where aviation is often the main or non-alternative mode of transport.

The object of research is the legal characteristics of air transportation.

The purpose of the thesis is to identify the problems of the current legislation and develop recommendations for its improvement.

To achieve this goal, it is necessary to solve the following main tasks:

1 to study the classification of types of air transportation and identify the subjects of air transportation activities;

2 to establish sources, identify and analyze the features of the legal regulation of air transportation;

3 to analyze the features of the elements of the contract for the carriage of air passenger and baggage;

4 to explore the specifics of the elements of the contract for air transportation of goods.

The normative basis of my thesis was regulatory legal acts containing a provision governing the general conditions for the implementation of transport (including aviation) activities and transport obligations, as well as the rules governing (to a greater or lesser extent) the performance of air transportation. These include: 1 "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on December 6, 2011, as amended on June 27, 2012) (as amended and additional, entering into force from 01.07.2012); “Civil Code of the Russian Federation (Part Two)” dated 01/26/1996 N 14-ФЗ (as amended on 11/30/2011) (as amended and supplemented, effective from 01/01/2012); "The Air Code of the Russian Federation" dated 03.03.1997 N 60-ФЗ (as amended on 12/06/2011) (as amended and supplemented, effective from 02/23/2012); Federal Law of 08.01.1998 N 10-ФЗ (as amended on 07.23.2010) "On state regulation of aviation development";

2 Decree of the Government of the Russian Federation of December 05, 2001 N 848 (as amended on December 30, 2011) "On the Federal Target Program" Development of the Transport System of Russia (2010 - 2015) ";

3 International law applicable to international air traffic, including the “Convention for the Unification of Certain Rules Relating to International Air Carriage” (together with the “Additional Protocol”) (concluded in Warsaw 12.10.1929) (as amended. from 09/18/1961) (hereinafter - the Warsaw Convention).

The effectiveness of the project lies in the development of concrete proposals to solve the problems of civil aviation in the provision of air transportation services in market conditions.

legal air transportation legislation

1. Air transportation: concept, types, sources of legal regulation

1.1 the Concept and classification of types of air transportation, subjects of air transportation activities

In modern society, there are several completely independent modes of transport. Their division is due to the difference in vehicles that are used to move cargo and passengers, as well as different natural environments for their operation. The transport system of Russia is a large and complex economic complex located throughout the country. It includes: land transport (rail, road), water (sea and river), air and pipeline.

The concept of "air transport" exists as an alternative to land and water modes of transport that use a different environment for transportation. Over other types of transport, air has certain advantages: high speed of movement of passengers and goods; shortening the route, which has a significant impact on saving time on the delivery of passengers and goods; the speed of organization of air traffic; high maneuverability and adaptability of air transport to various transportation facilities, to their seasonal fluctuations. The special role of air transport is also determined by the regularity and versatility of transportation, regardless of the season and climatic conditions, and the high carrying capacity of aircraft.

"The term" air transport "is widely used in practice, denoting by it transport activity carried out in airspace using aircraft as rolling stock." The term "aviation" is traditionally used to denote activities in airspace.

Activities in the field of aviation have various goals, objectives and means of its implementation. One of the most significant goals of aviation activity is the activity aimed at satisfying the interests and needs of individuals and legal entities in air transportation, protecting their rights to safe, high-quality and economical air transportation. This goal is realized through the use of civil aviation, which in turn is divided into general aviation, used at no cost, and commercial civil aviation. The main purpose of commercial civil aviation is to carry out air transportation of passengers, baggage and cargo.

By air transportation is meant "transport movement in the airspace of a cargo or person, carried out by the movement of the aircraft along an established air line (route)."

Traditionally, there are two main types of air transportation - domestic and international. Domestic air transportation means air transportation at which the point of departure, destination and all points of landings are located on the territory of the Russian Federation. Air transportation is recognized internationally, in which the place of destination and destination, whether or not there is a break in transportation or transshipment, are located either on the territories of two states or on the territory of one state, if the point (s) of landing on the territory of another state is provided .

Domestic air transport, in turn, can be regular and irregular; interregional and intraregional, as well as business and corporate.

Regular air transportation - transportation carried out on regular flights, that is, on flights of aircraft operating in accordance with the schedule published in the established manner, including transportation on additional flights, that is, on flights operated additionally to the schedule by dates and the same route which runs a regular flight. Irregular air transportation - transportation carried out on non-scheduled (charter) flights, i.e. on flights operated outside the published schedule in accordance with the air transportation agreement concluded between the customer and the airline or other operator.

Interregional air transportation - domestic air transportation (scheduled and scheduled) on established air lines between points located in the regions assigned to various regional departments of the Federal Aviation Service (FAS) of Russia (currently the Federal Air Transport Agency of the Russian Federation). Intraregional air transportation - domestic air transportation (scheduled and scheduled) on established air lines between points located in the region assigned to one regional administration of the FAS Russia.

Business transportation - charter air transportation for orders of legal entities and individuals, performed on specially equipped civil aircraft with the number of passengers up to 15 people. Corporate transportation - air transportation performed by the owner of the aircraft (operator) on a non-commercial basis (to meet their own needs and requirements without obtaining commercial benefits).

International treaties and national laws of states divide international air transportation into two categories: regular and irregular.

Regular air transportation is carried out through regular flights by specially designated state airlines along the lines specified in the relevant international agreement. In this case, after the state has appointed an airline for flights on contractual lines, it must inform the other party to the agreement in writing. The latter, in turn, is often obligated to provide such an airline with an operational permit for flights, provided that the issues of schedule and tariffs are agreed.

In 1952, the Council of the International Civil Aviation Organization defined regular international air transportation as a series of flights carried out through the airspace over the territory of more than one state by aircraft for the purpose of transporting passengers, cargo and mail for a fee, each flight being accessible to any persons; when they are carried out, transportation is carried out between the same two or more points, either in accordance with the published schedule, or flights so regular or frequent that they constitute a clear systematic series. "

Irregular international air transportation - "air transportation carried out by means of irregular (episodic, one-time) flights, that is, other than scheduled, scheduled according to a certain frequency between certain points. The most common type of irregular air transportation is an air charter." "Irregular flights are carried out on the basis of special permission, but in recent years, some states have begun to conclude bilateral agreements on irregular air services."

International air transportation between Russia and foreign countries outside the CIS - transportation performed on international flights to and between these countries, i.e. on flights consisting of one go several international flight stages. Moreover, if there is an internal flight phase on an international flight, this phase is considered as international. The flight stage means the flight of an aircraft from the time of take-off until the next landing on this flight.

International transport between Russia and the CIS countries - transportation performed on flights to these countries, as well as between these countries. If there is an internal flight phase on an international flight to the CIS countries, this stage is considered as international with the CIS countries. In the case of a flight with landings both in the territory of the CIS countries and in the territory of other foreign countries outside the CIS, these transportations are considered as international between Russia and foreign countries outside the CIS.

Air transportation is carried out by air transportation entities with different legal status. The Air Code established the concepts of an aviation enterprise, operator and carrier.

An aviation enterprise is a legal entity, irrespective of its organizational and legal form and form of ownership, having the main goals of its activity as passenger, baggage, cargo, mail, and (or) performing aviation work for a fee for air transportation. Operator - a citizen or legal entity having an aircraft on the basis of ownership, on a rental basis or on any other legal basis, using this aircraft for flights and having an operator’s certificate (certificate). Carrier - an operator who has a license to carry out the air transportation of passengers, baggage, cargo or mail on the basis of air transportation agreements.

As follows from the above definitions of subjects of air transportation activity, an aviation enterprise acts as a generic, generalizing concept, since, if there are appropriate licenses and certificates, it can carry out its activities both as an operator and as a carrier. At the same time, only commercial operators of civil aviation operating on a reimbursable basis can be classified as aviation enterprises.

The main distinguishing feature of the operator from the carrier is the different nature of their activities. An operator that does not have an appropriate license is entitled to carry out only non-commercial (corporate) transportation or other non-commercial activities in the field of aviation, involving the operation of aircraft. According to part 5 of article 9 of the RF CC, the presence of a license in this case is optional.

In accordance with Appendix No. 2 to Order of the Federal Aviation Service dated March 18, 1998 No. 74 "On the Enforcement of Additional License Requirements", air transportation entities are classified on the following grounds:

a) air carriers - airlines of federal significance with the right to carry out international flights;

b) air carriers - airlines of regional importance with the right to carry out international flights; c) local carriers; d) business aviation carriers;

e) corporate aviation operators.

Air carriers - airlines of federal significance with the right to carry out international flights (federal airlines) - air carriers operating the entire volume of regular transportations on international airlines to non-CIS countries, a large (over 70%) part of regular transportations to the CIS countries and interregional transportations, as well as international .

Air carriers - regional airlines with the right to carry out international flights (regional airlines) - air carriers operating only interregional scheduled flights and gulls, scheduled flights to the CIS countries, as well as international and domestic charter flights.

Local carriers (local carriers) - carriers that carry out only intra-regional transport and part of the inter-regional transport on 3-4 class aircrafts.

Business aviation carriers - business carriers. Corporate Aviation Operators - corporate operations operators.

1.2 Normative legal acts of the Russian Federation on air transportation

The functioning of transport can only be ensured if there is a well-organized legislative framework governing relations arising in the market of transport services, including both direct transportation activities and activities that provide transportation. Moreover, the legislative framework should be understood as the totality of regulatory legal acts regulating transport activities.

The legal regulation of transport activities in the Russian Federation is "a set of civil and transport legislation norms - an extensive multilevel system of comprehensive comprehensive normative acts regulating the conditions and procedures for the activities of transport organizations."

The legislation on transport is complex in nature, given the scale of the state, the length of transport routes and the complexity of their management. Complexity is achieved by combining the rules of private and public law in one legal act. As a result, a unified management scheme for the appropriate type of transport, methods of organizing transportation, conditions for keeping vehicles, means of communication and, finally, the relationship of the parties to the obligation to transport are established.

In recent years, many types of transport, including air, have been corporatized (privatized by conversion into open joint-stock companies) or received the status of state or municipal unitary enterprises. In this regard, the organization and regulation of relations arising from their activities is carried out mainly by the norms of the Civil Code of the Russian Federation and other specialized codes, other federal laws, as well as acts of the President and Government of the Russian Federation.

In the Russian Federation, the main sources of legal regulation of relations arising in the process of carrying out air transportation activities are the norms of the Civil Code of the Russian Federation and the norms of the air legislation of the Russian Federation, which is an integral part of the transport legislation of the Russian Federation:

1 The Civil Code defines only the most fundamental rules regarding the transport of goods, passengers and baggage by various means of transport. Chapter 40, “Transportation”, sets out the basic provisions for transportation, including the rules governing contracts for the carriage of goods, passengers and baggage, as well as the liability of participants in transportation. In the rest of the legal relations related to the carriage of goods, passengers and baggage, carried out by all means of transport, by direct instruction of the Civil Code of the Russian Federation (Article 784) are subject to regulation in the part that does not contradict the norms of Chapter 40, transport charters and codes, other laws and issued according to them rules.

2 The air legislation of the Russian Federation consists of the Air Code of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, federal rules for the use of airspace, federal aviation rules, as well as other regulatory legal acts of the Russian Federation adopted in accordance with them (Part 1 Article 2 of the RF CC).

The Air Code contains a number of general provisions governing air transportation, including: the definition of a carrier; types of air transportation; concepts of passenger air transportation agreement and air cargo transportation agreement; basic rights and obligations of the parties under an air transportation agreement.

The Federal Law "On state regulation of aviation development" can be attributed to the Federal laws that make up the legal framework of air legislation, which are referred to in part 1 of article 2 of the VK of the Russian Federation. This Law defines the legal foundations of state regulation of aviation development in the Russian Federation, establishes general provisions and measures of state regulation of aviation development (including civil), especially economic relations in the field of aviation development. One of the main goals of state development of aviation in the Russian Federation is to ensure the needs of citizens and the state economy in air transportation.

The most important current problems affecting relations in the field of air transportation activities are embodied in the regulatory acts of the President of the Russian Federation. By the Decree of the President of the Russian Federation of July 7, 1992 No. 750 "On Compulsory Personal Passenger Insurance" (as amended on July 22, 1998), in order to ensure the protection of citizens' interests, compulsory personal accident insurance of air transport passengers was introduced on the territory of the Russian Federation on flight time. Of particular importance is the Decree of the President of the Russian Federation “On State Regulation and State Support of Civil Aviation and the Aviation Industry of the Russian Federation”. By this decree, the Government of the Russian Federation was ordered to submit for consideration by the State Duma of the Federal Assembly of the Russian Federation a draft of the current Air Code of the Russian Federation (Article 1). Article 2 determined the scope of state regulation of the activities of civil aviation enterprises of the Russian Federation.

For legal regulation of air transportation, the rules issued by the Government of the Russian Federation, as well as the relevant transport department, are of great importance. These Rules include:

a) Federal rules for the use of airspace of the Russian Federation (approved by Decree of the Government of the Russian Federation of March 11, 2010 N 138 (as amended by Decisions of the Government of the Russian Federation of 05.09.2011 N 743 (as amended on 09/27/2011), dated 19.07.2012 N 735 ). These Rules contain the rules governing the use of airspace, including for the transport of passengers, baggage, cargo. The term "use of airspace" refers, inter alia, to activities during which air travels in the airspace Air transport is not possible without the compliance of airspace users with these Rules.

b) Federal Aviation Rules for Licensing Activities in the Field of Civil Aviation (approved by Decree of the Government of the Russian Federation of 05.05.2012 No. 457 "On Licensing Activities for the Carriage of Passengers by Air and Air Freight (unless the specified activity is carried out to provide for its own legal needs) person or individual entrepreneur) ", according to which the activities for the implementation and provision of air transportation (domestic and international) of passengers, baggage and cargo on a commercial basis is subject to licensing.

Currently, the Federal Aviation Rules "General Rules for the Air Transport of Passengers, Baggage, Cargo and Requirements for Serving Passengers, Shippers, Consignees" are approved, approved by Order of the Ministry of Transport of Russia dated June 28, 2007 No. 82 (as amended on April 2, 2012) (Registered in the Ministry of Justice Of Russia 27 .09.20 07 N10186 )

Federalaviationregulations " Generalregulationsair transportations of passengers, baggage, cargo and the requirements for servicing passengers, consignors, consignees "(hereinafter - the Rules) are developed in accordance with the Convention to unify certain rules relating to international air transportation (Warsaw, October 12, 1929), the Convention additional to Warsaw Convention, for the unification of certain rules relating to international air transportation carried out by a person who is not a carrier under the contract (Guadalajara, dated September 18, 1961), and Articles 102 and 106 of Federal Law of March 19, 1997 N 60-ФЗ "Air Code of the Russian Federation "(hereinafter - the Air Code of the Russian Federation) (Clause 1 as amended by the Order of the Ministry of Transport of Russia of 25.10.2010 N 231).

These Rules are an important source of air legislation, because in the development and addition of the Air Code they contain both general provisions (regulate the relationship of air transportation participants, registration of transportation documents), and special rules on the transportation of certain categories of passengers, baggage, various types of cargo. A special place in the system of legal regulation of air transportation is occupied by acts of the judicial authorities contained in the documents of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, "The effect of the Law of the Russian Federation" On the Protection of Consumer Rights "extends to international air transportation."

1.3 International Air Transport Law

Each state has full and exclusive sovereignty over the airspace within its land and water territory. In other words, airspace within the specified limits is an integral part of the state. The legal regime of a state’s airspace is determined by national law. However, at the same time, the state takes into account those international obligations that relate to international air communications.

One of the features of the legal regulation of air transportation is that they are largely regulated by international treaties in which the Russian Federation is involved. This feature is due to the fact that international air transportation, as one of the main types of air transportation in general, is associated with the activities of transport organizations in the territories of other states and in extraterritorial spaces. Such activity is regulated by international air law and is provided by the state, of which the transport organization is a resident. In this regard, there is a need to study the norms of international law governing activities in the field of air transportation, as well as to identify their relationship with the norms of national legislation.

The Chicago Convention establishes the most general range of rules that apply to international air flights within a state territory. These laws and regulations: concerning the admission of foreign aircraft into the airspace of the state; concerning the procedure and conditions for navigation of aircraft engaged in international flights on established state air routes; associated with the departure of aircraft outside the territory of a foreign state.

For international transport, the norms established in the agreements of transport organizations engaged in such transport and are residents of different countries also apply. These agreements provide for compliance by carriers with the relevant requirements of national laws on transportation and transport activities.

The Warsaw Convention governs regular air traffic. In addition, this Convention has unified the rules regarding transport documents, established a general limitation period of two years, and also solved the problem of determining a court competent to consider cases of damage. The main achievement of the Warsaw Convention was the unification of the rules regarding air carrier liability. The Warsaw Convention does not contain a definition of a carrier and left unresolved the issue of international air transportation by a person who is not a party to the contract. In this regard, to fill the gaps in legal regulation, a convention was adopted that defined and delimited the legal status of contractual and actual carriers.

The rules of international air law interact with the relevant rules of domestic law. The Civil Code of the Russian Federation does not contain rules governing international (including air) transport. Legal relations in the field of such transportation are regulated in accordance with international treaties of the Russian Federation. The norms of international treaties of the Russian Federation take precedence over the norms of Russian legislation, unless otherwise provided by law. There are currently no such exceptions established by law regarding civil matters in the transport complex.

The legal framework on air transportation is a set of domestic and international norms and rules governing relations in the field of functioning of air transport in the airspace of a state and determining the main aspects of commercial activities in the field of civil aviation for the implementation of air transportation of passengers and goods. The regulation and application of the norms and rules of air transportation directly depends on their type and territory of operations with civil aircraft.

As one of the features of the totality of regulatory legal acts on air transportation under consideration, we can name a significant impact on their development and the current state of international air law. International legal norms, interacting with the relevant norms of domestic law, contribute to the development and harmonization of the regulatory framework of states using international airlines and carrying out international freight and passenger transportation. Therefore, the legal framework of the Russian Federation should be based on the experience of international cooperation, consistent with international conventions and agreements.

2. The concept and types of air transportation agreement

2.1 the Concept and elements of the contract for the carriage of air passenger and baggage

Passengers, baggage and cargo are transported on the basis of a contract of carriage. It follows from this that the legal basis for the air transportation of goods, passengers and baggage is an air transportation agreement, which is a generic generic concept, within which its separate varieties are distinguished: an agreement on air transportation of goods and an agreement on air transportation of passengers and baggage.

2.1.1 Carriage of passengers

Unlike other modes of transport, passengers take first place in air transport. If a need arises for the use of airspace by two or more users of airspace at the same time, the right to use it is granted to users in accordance with state priorities, among which regular air transportation of passengers takes precedence over regular air transportation of goods (Air Code).

Important indicators of consumer properties of air passenger transportation are: speed and comfort of movement, speed of processing of travel documents, regularity of movement, non-stop communication, level of service at air terminals (at airports) and aircraft.

2.1.2 Concept of passenger air carriage agreement

The legislative definition of the passenger carriage agreement for all types of transport is given in part 1 of article 786 of the Civil Code of the Russian Federation: “Under the carriage contract for the passenger, the carrier agrees to transport the passenger to the destination, and the passenger agrees to pay the established fare." As can be seen from this definition, such an agreement does not require the provision of a passenger, in accordance with the amount of payment, conditions, amenities and services stipulated by the agreement, which would be useful, in our opinion, to include in this definition. This omission was partially corrected in the Air Code, where, in accordance with the general definition of Part 1 of Article 786 of the Civil Code of the Russian Federation, the concept of a passenger air transportation agreement is formulated with some differences: “Under a passenger air transportation agreement, one party (the carrier) undertakes to transport the passenger to the point destination by providing him with a seat on the aircraft making the flight indicated on the ticket, and the other party (passenger) undertakes to pay for the air transportation. " As you can see, this definition of a passenger’s air carriage agreement is complemented by the carrier’s obligation to provide the passenger with a seat, indicating it on the ticket.

2.1.3 Legal nature of the passenger air carriage agreement

The passenger air carriage agreement is mutual. Mutual is an agreement under which each party is liable in favor of the other party; she is considered a debtor in what she is obliged to do in favor of the other party, and at the same time as a creditor in relation to what she has the right to demand (Art. 308 of the Civil Code of the Russian Federation). In this agreement, each party (carrier and passenger) has both certain rights and bears specific responsibilities: the passenger has the right to transportation, but is obliged to pay for his fare, and the carrier has the right to receive the fare from the passenger, but is obliged to carry it.

The contract for the carriage of air passenger refers to reimbursable contracts. Compensation of the contract means that the property granting by the counterparty fulfilling his duty, with the necessity, corresponds to the counterclaiming property granting of the other counterparty (Article 423 of the Civil Code of the Russian Federation). The most typical case of such a provision is a fee in the form of a certain monetary reimbursement. The reimbursement of the passenger air carriage agreement is manifested in the fact that the passenger of the aircraft pays for his fare.

In order for the contract to be considered concluded, it is necessary to agree on all its essential conditions. The contract will not be concluded until at least one of its essential conditions has been agreed. The range of essential conditions depends on the particular contract. The only essential condition for a passenger’s contract for the carriage of air is the condition for its subject - transport service.

The passenger air carriage agreement is public in nature subject to a number of conditions established by Articles 426 and 789 of the Civil Code of the Russian Federation. Firstly, only a commercial organization (corresponding to the conditions of Article 50 of the Civil Code of the Russian Federation) that performs transportation by public transport should act as a carrier. Secondly, by virtue of a law, other legal act or issued license, the carrier is obliged to carry out transportation in relation to everyone who contacts him. Thirdly, the carrier should be included in a special list of organizations obliged to carry out transportation by public transport, which is subject to mandatory publication.

Given the above, and taking into account the nature and purpose of air transportation of passengers (satisfying the personal needs of citizens in carriage as passengers, delivering their baggage), an agreement for the carriage of a passenger by air can be recognized as public if it is operated on aircraft operating on lines schedule, i.e. when performing regular air transportation of passengers.

2.1.4 Elements of a passenger air carriage agreement

Elements of an air carriage agreement for a passenger, like any civil law contract, are its parties, subject, price, term, form and content of the contract. Consider each of the selected elements.

2.1.5 Parties to a passenger air carriage agreement

The parties to the passenger air carriage agreement are the carrier and the passenger. The passenger of the aircraft is "any person, with the exception of crew members, who is transported or must be transported by aircraft in accordance with the contract of air (including international) carriage." In our opinion, this definition does not reflect the main feature that characterizes the passenger as one of the parties to the passenger carriage agreement, and, in addition, does not contain the clarity so necessary in jurisprudence, since the term “person” refers to all possible subjects of law - both physical and legal entities, in connection with which a completely logical question arises - which "person" should be considered a passenger.

Considering the fact that the main feature of the passenger carriage agreement is that a citizen acts as a party consuming transportation services; that, regardless of whether the contract of air transportation is concluded by a legal entity or a citizen, transportation is carried out in relation to a particular individual whose name is indicated on the passenger ticket; it seems to us the most accurate definition of the term "passenger" as "a citizen (individual), the carriage of which is carried out under a passenger carriage agreement".

2.1.6 Subject of the passenger air carriage contract

The subject of any of the civil contracts is “most often either the property that one party is obliged to transfer to the other, or the actions (activities) that the obligated party must perform”. The subject of the contract for the carriage of a passenger by air is the carrier’s activities in the movement and delivery of a passenger to a destination.

2.1.7 Price in the passenger air carriage agreement

Carriage charges, being the price of a passenger air carriage agreement, are established by carriers on the basis of tariffs and in the manner determined by the rules for their formation and application. To date, there are no such rules. For air transportation carried out in accordance with an aircraft charter contract (air charter), contractual prices may be set. A specially authorized body in the field of civil aviation can set minimum prices for such transportation on certain air lines in order to protect regular air transportation on the same air lines (Part 2 of Article 64 of the RF CC).

In cases established by law, a passenger can pay for transportation at a reduced cost, or even be exempted from paying the freight charge. The costs incurred in connection with this are reimbursed to the carrier from the funds of the corresponding budget. Carriage charges are usually paid at the conclusion of the passenger air carriage agreement.

2.1.8 Conclusion of a passenger air carriage agreement

The conclusion of the contract for the carriage of a passenger by air is certified by a carriage document - a ticket, which indicates all the essential conditions of the contract. However, a ticket is not the only form of confirmation of a passenger’s right to transportation. The Montreal Convention establishes that instead of a carriage document (ticket), any other means that keep a record of the information usually contained in the carriage document (ticket) can be used. In this case, the carrier must provide the passenger with a written statement of the information stored in this way. This rule shall be applied only from the moment the Montreal Convention enters into force, when 30 states ratify it. In this regard, at present, the passenger ticket is the only form that is evidence of the conclusion of a passenger air carriage agreement and its conditions.

2.1.9 Passenger ticket and requirements for it

A passenger is allowed to be transported only if he has a valid and duly issued ticket. The ticket form, the requirements for it and the rules of application are established by a specially authorized body in the field of civil aviation.

A passenger ticket usually consists of passenger and flight coupons. A passenger coupon (“For Passenger” coupon) is the part of the ticket that certifies the conclusion of a passenger air carriage agreement. Flight coupon - a part of a ticket that gives a passenger the right to transport between the points indicated in it. The flight coupon is handed over to the carrier upon registration of the passenger at the point of departure, transfer, stop, if any, and the passenger coupon remains with the passenger as evidence of the conclusion of an air transportation agreement.

In air transport, “a ticket provided to certify a passenger carriage agreement is traditionally personalized in the interest of security” - is issued on the basis of a passenger's identity document (clause 3.1.2 of the Air Carriage Rules). A ticket entitles you to fly only to the person in whose name it is issued. A ticket is issued after payment for air transportation. When arranging transportation by bank transfer or on credit, as well as preferential or free transportation, a ticket is issued after providing the documents that are the basis for its receipt.

The ticket is valid for the carriage of a passenger and his baggage from the point of departure to the destination on the route and class of service specified in it. Each flight coupon is valid for the carriage of a passenger only on the route section indicated in it, class of service, flight and guaranteed date of departure. If a ticket is issued with an open departure date, then the seat is determined in accordance with the passenger’s request if there are free seats on the requested flight. The place and date of issue of the ticket must be indicated in the flight coupon.

The general expiration date gives the passenger the right to use the ticket for all operations provided for by these Rules, including for obtaining a seat on a certain flight and date, amounts for fully or partially unfulfilled transportation and for other calculations established by these Rules. The total validity period of a ticket covers the period from the moment the ticket was issued to the passenger until the expiration of the period provided to him for receiving money on an unused ticket. The total expiration date of a ticket is one year from the date of issue, unless otherwise provided by the rules of the carrier.

A ticket with a guaranteed date gives you the right to fly from the starting airport, transfer airport, stops or return airport indicated on it only on the date and flight specified in it. An open-date ticket entitles you to fly from the relevant airport only after the carrier has entered the departure date and flight number into it.

The ticket is valid for flight for the following periods:

1 ticket with a guaranteed departure date - for the entire duration of the flight on the flight indicated on the ticket;

2 tickets with an open date of departure from the airport for transfer, stops - within 45 days, counting from the date of departure of the passenger from the airport of departure indicated on the ticket;

3 a ticket with an open date in the direction of "back", as well as a ticket with an open date sold from another city - within 6 months from the date of sale of the ticket;

4 tickets with an open date “for pick-up” - within 2 days from the date of its issuance, and free, issued on the basis of coupons or service requirements, within 15 days from the date of ticket sale.

Tickets sold at preferential rates are valid for flights within the established expiration dates, but within the terms for which preferential rates are introduced. The expiration of the above ticket expiration dates does not deprive the passenger of the right to bring claims and claims against the carrier in compliance with the requirements of the Air Code of the Russian Federation.

According to the Air Transport Rules, lost tickets are not renewed, duplicates are not issued and money paid for the ticket is not returned. Tickets deemed invalid for reasons beyond the control of the carrier are selected and not replaced. The rules of international air transportation in this regard are more loyal, because according to clause 2.6.2, in the event of loss, damage to a ticket or any part thereof, or if a ticket is presented in which there is no passenger or flight coupon, the carrier or agent for the sale of passenger air transportation may a passenger’s request in exchange for such a ticket to issue a new ticket with the collection of fees stipulated by the rules and instructions of the carrier or agent for the sale of passenger air transportation. In case of loss or damage to a ticket (or any part thereof) issued by a foreign carrier, you must obtain the written permission of that carrier to issue a duplicate. In these cases, the passenger must provide evidence satisfactory to the carrier or the agent for the sale of passenger air transportation that he really was issued a ticket for the flight on the corresponding route. The passenger must also give in the prescribed form in writing a guarantee obligation to reimburse the carrier (within the applicable fare for the new ticket) losses that the carrier may suffer if the lost ticket or missing flight coupons are used by someone, or the amount is refunded .

2.1.10. Term in the passenger air carriage agreement

The term in the passenger air carriage agreement is the time period during which the passenger must be delivered to the destination. The carrier is obliged to deliver the passenger to the destination point within the time limits specified in the procedure provided for by the transport charters and codes, and in the absence of such terms within a reasonable time.

2.2 Baggage

A passenger has a special relationship with the carrier upon handing over the baggage for carriage and is drawn up by the contract for air carriage of baggage.

2.2.1 Definition of an air baggage contract

Under the contract for the carriage of baggage by air, the carrier undertakes to deliver the baggage entrusted to him by the passenger to the specified destination and hand it over to the passenger or the person authorized to receive baggage, and the passenger agrees to pay for baggage at the established rate, and if baggage is checked in excess of the free baggage allowance established by the carrier and for carrying this baggage.

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Air Travel Concepts

The annual development of international economic relations affects the increase in export-import operations between Russia and foreign companies, this contributes to an increase in demand for international cargo transportation, in particular - air transportation.

Definition 1

Air transportation - One of the fastest ways to deliver cargo to anywhere in the world. This type of transportation is very popular. Air transportation has more advantages among other types of cargo delivery, namely the reliability and safety of transportation.

Despite the fact that the cost of air transportation of goods is more expensive than other methods of cargo delivery, air transportation is necessary for the transportation of urgent and valuable goods, perishable goods or in the case of delivery of goods to a remote place in the world.

Organization of international transportation

The main participants in air transportation are the countries represented by their government and air companies that provide services for the transport of goods, passengers. Air transportation is divided into: (see. Fig. 1)

The right to fly is determined by the state when concluding an agreement on international air traffic, where the frequency of departures, route, time are signed.

To carry out a specific flight on a schedule, it is necessary to transfer the flight plan in duplicate 30 minutes before the start of departure.

If it is necessary to change or make adjustments to the schedule, an agreement between the countries is additionally drawn up, provided that such a procedure is not specified in the agreement. In this case, a departure plan is drawn up - an application for a flight on time, no later than 24 hours in advance.

The right to an occasional departure is granted to states by issuing a one-time permit for each departure. This agreement stipulates how the episodic flight will take place.

Air cargo requirements

Cargoes that are transported using an aircraft must have good packaging and packaging that must meet all regulatory documents. The cargo must be securely fastened for the safety of its delivery.

The packaging used for the transport of dangerous goods must comply with the established “Rules for the Transport of Dangerous Goods by Air”. Packing of goods in one package with dangerous goods is prohibited. The packaging of goods that will be transported on an aircraft should not have sharp corners, protrusions, pollution, and so on.

Metal, glass, ceramic and other containers that can be used for the transport of goods must withstand internal pressure, which depends on the flight altitude and temperature.

Goods with soft packaging should be tied with strong ropes, packaging is sewn with the same thread, which should not have knots. The ends of the threads must be sealed with clear numbers or letters of the sender.

Remark 1

Goods whose packaging does not meet all the requirements are not allowed for transportation.

Each package must be marked by the consignor with the address and name of the cargo, in accordance with the consignment note. Cargo is accepted at the airport warehouse directly from the sender.

Upon acceptance of the cargo, the carrier is obliged to recount and compare the number of seats with the consignment note. Loading and unloading of cargo is carried out by the carrier. The carrier is obliged to deliver the goods to their destination on time.

The cargo is considered delivered after its delivery to the recipient in accordance with the conditions specified in the invoice.

In the context of the formation of innovations in the global economy, transport is a tool for realizing the national interests of all countries. Air transport is of particular importance in the development of international relations between Russia and other countries.

Classification

Air transportation is usually classified according to direction, cargo category and type of load.

Simple transportation

Also called "general transportation" - they mean the transportation of general cargo to the destination, and the owner of the transported goods is the customer of this service. The main advantage of general transportation is high efficiency.

Backway transportation

imply the use of free transport, following in the required direction. The advantage of this format of cargo transportation is low cost.

Shuttle service

Main article: Shuttle service

In aviation, this format is accepted for transporting passengers. A distinctive feature of shuttle transport is the return of the vehicle to the departure point without passengers on board.

Groupage

Groupage is the most common format for the transportation of piece goods, in which goods of various senders are consolidated in a warehouse and shipped as their optimal volume accumulates. Differ in low cost of transportation.

Classification of special cargoes.

The current “Manual on Freight Transportation on Domestic Air Lines of the USSR” (RGP-85) contains references to special (special) conditions of transportation: “Certain types of cargo (perishable, dangerous, radioactive, animals, etc.) are also accepted for carriage by air. ) that require special transportation conditions. (clause 2.4.3) This document contains the following clauses: - Transportation of heavy and oversized cargo (clause 2.9), - Transportation of perishable goods (clause 2.16), - Transportation of dangerous goods and radioactive materials (clause 2.17), - Carriage living creatures (item 2.18), - Transportation of self-propelled and tracked vehicles (item 2.19), - Transportation of coffins with the dead (item 2.18). Classification of special cargoes. . Archived from the original on March 28, 2012.

Air Travel Legislation

Long-distance and international transportation by air are regulated by a number of regulatory documents, which can conditionally be divided into several groups. The first of these is documents of state regulation of aviation, including relevant laws, certification standards and licensing rules. The second category is aviation regulations that operate at the federal level. The third group of regulatory documents is the Russian rules for the carriage of passengers and the transport of goods by aircraft.

Separately, it is worth noting the Chicago Convention on International Civil Aviation of 1944 and the Warsaw Convention for the Unification of Air Transport Regulations of 1929. These documents have been ratified by most countries of the world, and are binding on Russia.

Consolidated cargo and customs clearance

International carriage of goods by air requires the passage of customs procedures. Customs clearance is carried out by declaring goods and paying all necessary fees. Mandatory payments for customs clearance of imported goods include excise tax, value added tax and duty. Indirect payments for customs clearance of goods are fees for the issuance of licenses, qualification certificates, storage of goods in a customs warehouse and their transportation.

References

  • History of air travel and current trends
  • Federal Law "On Freight Forwarding Activities"

Wikimedia Foundation. 2010.

See what "Air Freight" is in other dictionaries:

    air transportation - aviaperek ozki, zok, units h. Zka, and ... Russian spelling dictionary

    Air transportation commercial - Commercial air transportation of passengers, cargo and mail, carried out by flights available for public use for a fee and for hire ... Source: Rosstat order of 08/18/2011 N 365 (as amended on 06/06/2012) On approval ... ... Official terminology

    Air transportation local - Local transportation transportation performed on flights when the points of the flight are located on the territory of one subject of the Russian Federation (republic, territory, region) ... Source: Rosstat order of 08/18/2011 N 365 (as amended on 06/06/2012) Reg ... ... Official terminology

    Air traffic irregular - Irregular transportation carried out on non-scheduled (charter) flights, i.e. on flights operated outside the published schedule in accordance with the contract for air transportation concluded between the customer and ... ... Official terminology

    Regular air transportation - Regular transportations carried out on regular flights, i.e. on flights operated in accordance with the schedule published in the established manner, including transportation on additional flights, i.e. on flights, ... ... Official terminology

    Approval of flight operations of organizations performing air transportation - Approval of flight operations, the process of technical inspections and evaluations of organizations performing commercial passenger or cargo flights carried out by a Contracting Party using standards agreed by the Contracting ... ... Official terminology

    Perth International Airport ... Wikipedia

    Table of Contents 1 Passenger Transportation 1.1 Regular Routes (total) ... Wikipedia

    Ile de France region on a map of France ... Wikipedia

    The rights of the airline to carry out international air transportation of passengers, baggage, cargo and mail for a fee. Granting commercial rights is the prerogative of the state to or from whose territory air transportation is carried out. ... ... Encyclopedic Dictionary of Economics and Law

Passengers and their baggage, cargo, passenger and freight cars, and ships, other vehicles are recognized as transit if they are moving through the territory under the sovereignty or authority of one of the parties to the Convention on Freedom of Transit (with transshipment, transshipment, transfer, change of mode of transport or without), was only part of the route that begins and ends outside the state through which the transit is carried out.

A charter refers to the freight of an aircraft with a crew for a single flight or a specific flight program outside a fixed schedule. Charter flights have a number of characteristic differences from regular flights: this flight is not in the schedule of regular flights; the route of the charter flight is determined by the tourist organization, and not by the carrier; such flights are cheaper than regular flights.

Charter flights are usually organized in cases when scheduled flights of airlines do not cope with the load (in season), or when there are no direct flights to this point.

A charter company is usually a travel company or a group of companies. Joint lease (freight) of an airplane charter flight is carried out by several tour operators, but carriers prefer to deal with one customer. He must buy the whole plane and bears the risk of selling tickets, i.e. aircraft loading. A charter is beneficial for a carrier because it receives a pre-payment for the entire charter, regardless of loading.

A tour operator serving several customers is called a consolidator. It is this operator that carries out activities for the organization of the joint use by several travel agencies of one charter flight, for the sale of various tours that match the departure date, through agents and wholesalers in a particular area.

In world practice, the following types of charter transportation are distinguished..

  • 1. A closed charter is characterized in that the organization purchasing the charter fully pays for the transportation of its employees. The number of such flights in the world is very small.
  • 2. The target charter is organized for the transportation of certain groups of passengers with specific goals - these are athletes, fans, pilgrims, congressmen, participants in conferences and symposiums, etc. Most often, this type of charter is ordered and partially paid by large organizations, as these categories of people form stable tourist flows at certain intervals.
  • 3. An inclusive charter is organized and paid by a travel agency, and the ticket price is included in the tour price. Traveling is quite cheap for tourists. This type of charter is the most popular in the air transportation market.
  • 4. A block charter refers to such an organization of transportation when there are not enough tourists to fill the plane completely, and a travel company can reserve some of the seats for the season on the route.
  • 5. A non-targeted charter is a carriage in which a group of air passengers is selected regardless of the purpose of the trip. The organizers of this kind of transportation are most often transport companies.
  • 6. Split charter refers to the most difficult type of passenger transportation, which is carried out by regular and irregular flights on different sections of the route.

The composition of the transportation services includes ground services in preparation for the flight: registration of passengers and baggage, waiting for the flight, escort to the airliner, security, as well as the actual air transportation or flight. At the end of the flight, passengers are disembarked, baggage claim and transfer to the destination.

Services on board include nominal, included in the ticket price, and additional. The range of services provided by airlines primarily depends on the class of service.

All airlines in the world usually have three classes of service:

First class (letter denotes class code):

  • - R - supersonic aircraft, first class;
  • - P - first class "premium";
  • - A - first class at a discount.

Business Class:

  • - J - premium business class;
  • - C - business class;
  • - D, Z - business class at a discount.

Economy Class:

  • - W - economy class "premium";
  • - S, Y - economic class;
  • - B, H, K, L, M, N, Q, T, V, X - economy class at a discount.

Registration and verification before boarding. Before boarding a plane at the airport, passengers and baggage are checked in. This procedure is governed by international rules and regulations.

Before or after check-in, customs control is carried out, hand luggage and personal belongings are checked, then for international flights - border control (passport and visa verification). Most of the time is spent on customs control, interviewing each passenger with a representative of the security service, random inspection, baggage check-in and crossings through endless tunnels and corridors. Passengers with hand luggage, following only the first and business class, stand out especially: they can use the registration by phone and arrive in 20 minutes, and on local lines - 10 minutes before the departure of the flight.

Escort.Passenger aircraft are serviced by airline flight attendants and cabin crew. The staff serving tourists on board the airliner are stewardesses and stewards. On board air buses, sometimes up to 20 people and more staff sometimes work simultaneously. Security personnel sometimes follow the escort.

Nutrition.On short flights, where the flight essentially consists of take-off and landing, passengers are given candy or sweets, soft drinks, juices, mineral water, tea and coffee. If the flight time exceeds 3 hours, all passengers are provided with mandatory special meals.

Communication In general, it is forbidden to use abnormal radios, tape recorders and telephones, including cellular communications, as well as computers on board an airplane. Modern liners use special telephone communications. On modern passenger aircraft, an on-board power supply is provided for connecting a laptop computer such as a laptop.

Restroom. There are toilets for passengers and crew on board the aircraft. Usually in the passenger compartment there is a light panel indicating whether the toilet is busy or free. In the toilets, smoking is strictly prohibited.

Blankets On long night flights, passengers can lean back and sleep. For convenience, light blankets are issued. Blankets are stored in the luggage compartments on the ceiling above the seats.

Extreme conditions. Some, especially when taking off and landing or shaking the aircraft in air turbulent flows, experience nausea, dizziness. Special hygiene bags are issued for them. In case of oxygen deficiency, there are individual oxygen devices.

Registration formalities. This procedure is carried out at the registration desk. Simultaneously with the registration of the passenger, baggage is checked in and accepted for transportation. Check-in time is usually indicated on the ticket. The procedure for registering a passenger includes the following operations: checking the ticket and passenger documents; reconciliation of ticket data with document data; checking the content of the ticket and its authenticity and validity; reconciliation of the passenger’s surname with the surname lists of the passengers of the flight and a mark in the passenger registration form.

After these operations, a certain place in the cabin is reserved for the passenger. Registration of passengers ends 40 minutes before the departure of the international flight and 25-30 minutes before the departure of the domestic one. A passenger who arrives late at check-in may not be allowed on the flight, and the refund is accompanied by the collection of all established fees.

Customs formalities.Customs screening of passengers can be carried out both before and during check-in. The task of customs inspection is to prevent the export from the country of a large amount of currency, products from precious metals and stones, art objects of great value and prohibited from export and transportation in the cabin or in the luggage compartment, other objects and substances.

The import and export of Russian rubles is permitted only in the amount of up to 50,000 rubles. All other amounts must be declared with an indication of the source of receipt of such amounts. Foreign currency from Russia can be exported in an amount of up to 3 thousand dollars, large amounts must be declared. Amounts in the amount of 10 thousand dollars. and more import and export is prohibited.

Before the start of customs inspection, the passenger must fill out a declaration. At the airport, two corridors — green and red — can be allocated for customs clearance.

Passport and visa formalities. For domestic transport, a passport or birth certificate is required (for children under 14 years of age). For international transport, a passport, duly executed, is required.

Visa - a document allowing a specific person to enter the territory of a given state, leave the territory of this state or travel through it.

Safety control. Special safety control is carried out by the airport and carrier security services. It consists in checking hand luggage and baggage of passengers. Preflight inspection of passenger baggage and hand luggage is carried out in a special place - the special control zone - just before boarding the aircraft.

Boarding and disembarking passengers. Disabled, elderly and children are the first to land. If there is one ladder, economy-class passengers are first landed, then business-class passengers, and lastly, first-class passengers. In the presence of two ladders landing is carried out separately. Last but not least, VIP passengers board the plane. The number of passengers simultaneously on the ramp should not exceed eight people.

Business aviation - specially equipped comfortable aircraft designed to serve especially important persons (bankers, merchants, ambassadors, millionaires). Business aviation aircraft cabins are equipped to periodically replace an office or lounge.

The principles of business carriers are approximately the same. Calculations of the cost of a flight with VIP service, which the client ordered, take from carriers from 2 hours to a day (in especially difficult cases). Then a charter flight contract is drawn up and an invoice is paid. The standards of such services include: separate paperwork (no queues), the ability to contact partners by fax or phone, and many necessary little things.

International air transportation can be: commercial (carried out by civil aircraft for a fee) and non-commercial (free).

In international air traffic, passengers, baggage, cargo and mail can be transported. The carriage of passengers, baggage and cargo is regulated by bilateral and multilateral agreements, as well as by the Convention on the Unification of Certain Rules Relating to International Air Transport (Warsaw Convention 1929). International air transportation of mail is carried out in compliance with the rules of international postal agreements.

Flights on international airlines in the form of their implementation can be classified:

On regular (carried out in accordance with the terms of the agreements on air traffic between states);

For non-scheduled (performed on the basis of special permits for one-time flights):

a. additional

b. special

c. charter.

Regular flights - These are flights operated in accordance with the published schedule for contractual airlines. The schedule shows the flight route, intermediate landing points, departure and arrival times at each route point, speed and type of aircraft. Changes to these conditions for regular flights may only be made with the mutual consent of the contracting states.

Regular air travel is paid for at international air fares published and unpublished.

Published (pass-through) tariffs are tariffs and fees from the airport of departure to the airport of destination, placed in tariff directories. If there is a published (through) tariff between two points, transportation should be carried out only at this tariff.

2. in the absence of a proportional tariff - by adding the precinct tariffs of the individual end-to-end transportation sections in compliance with the relevant tariff construction rules.

Most existing tariffs are not published, they are not in tariff directories and other official tariff publications. Moreover, each airline develops its own unofficial tariffs, which are mostly closed and constitute a commercial secret of the airline.

The regulation of international aviation tariffs is the responsibility of the International Air Transport Association (IATA). Official international airfares published in directories .

The APT Passenger Tariff Guide has published all official international passenger airfares, as well as the rules that govern the construction and application of fares, discounts, fees and transportation routes.

Tariffs and fees contained in this guide, as well as excursion fares, including inclusive tour (ART-IT) are indicated per passenger and are applicable to air transportation on the routes specified in the guide from the airport of departure to the airport of destination. In addition, they include tariffs for transit fees, ground transportation, and other fees charged by government agencies.

The ACT Air Freight Tariff Guide has published all the rules for building and applying freight tariffs on global airlines. In addition, the section “Country Rules” indicates the characteristics of freight transportation in each country in the world.

The freight rates indicated in the directory apply only for transportation from the point of departure to the destination and do not include fees for the delivery of goods to the airport of departure, storage of goods, insurance, customs formalities, etc.

As a rule, international airfares are set on a bilateral basis through agreements between airlines operating the same airlines. But many airlines operate on the same route. In addition, the tariffs established between these or those points affect the interests of airlines operating flights on related airlines. Therefore, international tariffs go beyond bilateral agreements between airlines and form a complex system that includes various types of tariffs for transportation between two points or more.

The system of international air fares is also affected by a number of factors: distance between points, demand for transportation, tariffs offered by other modes of transport, availability of charter flights, unbalanced air transportation in directions, various interests of carriers, agents, senders and passengers.

All these factors are taken into account by IATA when developing a system of international airfares. The tariff system and the rules for their construction and application are developed by IATA member airlines at air transportation conferences, which are usually held once every two years.

International aviation tariffs can be divided into:

Passenger

Baggage

Freight.

The system for determining passenger tariffs will be discussed later.

Baggage rate- the free baggage allowance, both registered and unregistered, which is determined by the class of service. For the first class, it is 30 kg, for the economic class - 20 kg. Depending on the class of service, this rule applies to all passengers who have a ticket with payment of at least 50% of the fare.

Baggage carried in excess of the free baggage allowance is payable by the passenger. The baggage rate per 1 kg is defined as 1% of the direct normal end-to-end first-class fare applied on this route in one direction, regardless of the class the passenger follows.

There are also special baggage rates for certain categories of baggage (sports equipment, diplomatic baggage, etc.).

Freight rateson international airlines are divided into three types:

Basic: normal (up to 45 kg), quantitative (more than 45 kg), minimum collection;

Class;

Special.

Basic rates - these are standard tariffs established for payment for the transportation of 1 kg of cargo from the point of departure to the destination. They are the most common when transporting all types of cargo, with the exception of some cases when preferential special and class tariffs are applied.

Normal rates are the basis for determining discounts or surcharges in the formation of class, quantitative and special tariffs. Their advantage is ease of use.

Quantitative Tariffs mainly used by airlines operating large-capacity aircraft. They provide a discount on additional weight categories. For example, for the weight category of 45 kg, a discount of the normal tariff of 25% is provided. The number of weight categories varies in different transportation zones. For Europe, only one weight category is established - 45 kg, and on the routes to North America weight categories of 100, 300, 500 kg are allowed, for which discounts of 50, 60 and 70% are provided, respectively, of the normal tariff.

Minimum fee represents the minimum payment for shipment, charged per shipment if the freight charge at the normal freight tariff is lower than the minimum charge. The minimum fee for different routes is different. In many cases, it is equal to the cost of transportation at the normal tariff of cargo weighing 5 kg. The minimum fee is indicated in the tariff directories with the designation "M".

Class Rates are used for transportation of goods of a certain class. They are expressed in a certain percentage of the normal freight tariff of up to 45 kg. Class rates are set for types of cargo that require special conditions for transportation: live animals; cages for animals; valuable cargo; human remains in a coffin; unaccompanied baggage; printed products, etc.

Class rates are calculated on the basis of the normal end-to-end rate of up to 45 kg, which is multiplied by the corresponding percentage premium, then the rounded result is multiplied by the weight of the shipment.

The percentage premium depends on the class of cargo and the transportation zone and ranges from 150 to 300% of the normal freight tariff up to 45 kg. For example, transportation of valuable goods (gold, platinum, precious stones, banknotes, securities, etc.) is charged at a rate of 200% of the normal freight tariff up to 45 kg for all areas of the association.

Special rates (korets) - these are reduced freight rates at a discount. They are used to transport certain categories of goods from / to certain points in only one direction. Korets have an advantage over all other tariffs. They are published together with the main freight tariffs on the yellow pages of the ACT directory and have digital code symbols that determine the nature of the cargo. Korea’s code number consists of a four-digit number next to the name of the cargo, for example: Korea 4499 - cars and parts, 0007 - vegetables and fruits, etc.

The discounts provided by the use of koreta vary depending on the area of \u200b\u200buse. So, in Europe they make up from 40 to 70% of the normal tariff up to 45 kg, and for North Atlantic transport - up to 90%.

The use of special freight tariffs is agreed between the airlines jointly operating the airline. All proposals for the establishment of a koret are sent to the IATA Committee for Koreans, which considers these proposals at its meetings on Korean three times a year.

Special airline marketing services monitor the state of world aviation tariffs and issue recommendations on their use to commercial directors and their representative offices abroad. Based on these recommendations, a tariff policy is developed to ensure the loading and profitability of international airlines. Practical recommendations are also being developed on the construction and use of all types of passenger and cargo airfares, especially special and preferential ones, with the aim of increasing the load on airline flights, especially in off-season periods, when there is a decline in transportation.

So, special freight tariffs (korets) are used to attract additional freight traffic, which would not be feasible without their use, as well as to attract additional categories of cargo. Since, as already noted, the Korets are set for a certain kind of cargo between certain points, they basically activate additional demand. This is their elasticity compared to other types of tariffs.

An important feature of special freight tariffs is that they can be set at any time of the year and for any period, without waiting for the decisions of the IATA conference, so their use helps to ensure additional load.

The application of discounts on freight tariffs is also one of the tools to influence the market. The amount of discounts is set depending on the IATA zones, for example, in Europe they range from 40 to 70% of the normal tariff. Their size depends on such factors as the nature and value of the cargo, potential demand for transportation, the size of individual shipments, the cost of processing, the degree of impact on the ratio of income and expenses on transportation. Also taken into account are the carrying capacity of aircraft operated on this airline and the expected flow of goods, which may occur in the case of the establishment of preferential tariffs.

Irregular air travel performed on the basis of permits for one-time flights and are divided into additional, special and charter.

Additional flights - these are flights operated on the same airlines as regular, but on a special schedule. An additional flight may be performed with the consent of the partner, provided that commercial transportation cannot be carried out by regular flights. An additional flight, as a rule, is performed on the same day as a regular flight, but in any case no later than 24 hours after the scheduled flight time indicated in the flight schedule.

Special flights - these are flights operated with a special task both on the route of regular flights and on a special route. As a rule, permission for special flights is requested through diplomatic channels.

Charter flights - these are flights operated in accordance with a special contract between the carrier and the customer.

At present, irregular traffic accounts for about 18% of the total volume of international traffic. The total volume of international non-scheduled transport worldwide consists of the volume made by charter carriers and the volume made by regular carriers. Like regular, international irregular transportations are divided into passenger and freight.

The largest in the world is the international market for non-scheduled (charter) traffic, transporting between the 22 Western European countries that are members of the European Civil Aviation Conference (ECAC). In this case, the volume of irregular traffic is commensurate with the volume of regular traffic. Charter flights in Europe are carried out over long distances than regular flights, so the volume of charter flights in passenger kilometers is about 60% of the total passenger traffic in Western Europe. The second largest container after Western Europe is the international charter market across the North Atlantic.

Irregular transportation is carried out by both specialized charter airlines and regular airlines.

All charter flights are carried out on the basis of a special agreement (contract) between the customer and the carrier. As a rule, the customer buys the entire capacity of the aircraft at certain transportation sites and on certain conditions. He has the right to use the capacity of the chartered aircraft at his discretion. Orders are applied for performing charter flights both for individual flights and for a series of flights for targeted transportation, for example, for transportation between points that are not connected by regular airlines.

According to the organization method, air charter services are classified according to the following types.

Private Charter - non-commercial transportation, the customer of which is, as a rule, some organization for the delivery of its employees to the place of work, business meeting or leisure. The customer directly comes into contact with the airline, and the trip is organized at prices agreed between them. The specific gravity of this type of charter transportation is currently being reduced.

Affinity charter - semi-commercial (semi-closed) targeted trip organized for its members by clubs or associations uniting people of the same profession or a certain community of interests (sports clubs, veteran unions, etc.). The management of a club or association independently or through a travel agency enters into an agreement with the airline, acting as a legal entity with financial responsibility and an obligation to comply with the rules established by IATA for the acquisition of passenger groups.

Inclusive Tour Charter - commercial tourist transportation (charter transportation on inclusive), the cost of which includes the payment of round-trip transportation and the cost of excursion and consumer services during the tour. A feature of the inclusive tour charter is that the entire plane is rented and at the same time ground transportation is necessarily paid for a certain period of time, usually at least 7-14 days between departure and return.

At block charter not the entire plane is rented, but only a certain part of it - an established block of seats (usually 30-40 seats). As a rule, a block of seats for an airplane performing a regular flight is sold, but the charter price of each seat in this case is much lower than the minimum published fare. The block of seats on each flight and the price of one seat are negotiated confidentially between the carrier and the travel agency. Travel agency pays for the block of places completely, regardless of whether it will be used all or not. Block-charter transportation is organized mainly during off-season (autumn-winter period) in order to provide additional loading on scheduled airplanes.

Inappropriate Commercial Charter (non-essential charter) - a new type of charter (introduced since 1972 in the United States). Unlike the luxury charter, in which individuals are grouped by common interests, in this case it is allowed to group any persons who wish to travel, regardless of their membership in any organization or club. The group must be at least 50 people. Participants of the flight pay 25% of the cost of the charter carriage 6 months before the start of the carriage, and 30 days before the departure the travel agency organizing the charter carriage must fully pay the cost of the flight for a group of 40 passengers. Currently, the non-essential charter charter is widespread, especially for transatlantic transportation due to the removal of strict restrictions on the formation of groups transported by charter flights.

Pro-charter charter, or split charter, - type of charter in which transportation is carried out in stages. On the first flight section, transportation is carried out on scheduled flights in accordance with IATA rules, on the second or subsequent section - the actual charter transportation begins on the terms of a block charter or inclusive tour charter. When a split charter is allowed to combine different groups of passengers, the final destination of their route may be different.

From the point of view of using aircraft, air charter services can be divided into three types:

1. one-way transportation “round-trip” - a type of charter transportation in which a travel agency or organization rents an airplane to transport one or more groups of passengers related by occupation or interest at a specific time. In this case, in the interval between charter flights, the airline leasing the aircraft can use this aircraft for its needs;

2. time charter - a type of operation in which the aircraft is rented for a certain period, coming into full possession of the lessee. In this case, the organization, concluding an agreement with the carrier, pays in full all the time during which the aircraft will be at its disposal, based on the norms of flight hours, the cost of the flight hour and the idle time of the aircraft. Currently, time-charter operations are becoming more widespread in mass tourism, since they meet both the requirements of carriers who do not have to use the aircraft between flights and are guaranteed payment for the aircraft, as well as the requirements of tenants who seek the most economical use airplanes;

3. charter chain - the type of target transportation of a large number of passengers to and from their destination; while flights are shuttle. The travel agency customer usually sends one of its groups of tourists to the point where the tour is held, so that by the time the charter chain begins, the tour of this group ends and can be transported by a charter flight in the opposite direction. With a charter chain, the number of idle runs is reduced and the economic efficiency of transportation is increased.

There is no charter tariff in the literal sense of the word. The customer is announced the charter price of the aircraft for transportation in a certain section or, in the case of a time charter, the price of chartering an aircraft for a certain time. The charter price of the aircraft is calculated based on the cost of the flight hour of this type of aircraft. Some Western airlines base their costs on a 1 km (mile) flight. In addition to the cost of a flight hour or a mile, the existing normal preferential tariffs, transportation routes chosen by the customer, the urgency of transportation, as well as the season and time of day, operating conditions of regular airlines, if available in the area, and the country's passenger market are taken into account when determining the charter price of a flight. , from which the application came, and the possibility of competition from other airlines. Based on all these factors, the preliminary charter price of the aircraft, which is offered to the customer, and the cost of one seat in the charter aircraft, which is not announced to customers, are set.

In the case of selling for charter transportation not all the aircraft’s capacity, but part of the seats on a scheduled airplane (block charter), the number of seats sold at the charter price (block of seats) and the price of one seat in the block (block charter tariff) are set. Block charter tariffs are used to sell the free capacity of the aircraft on regular flights, especially during off-season (autumn-winter period). The block of seats is set depending on the congestion of the line within 30-40 seats per flight.

The block of seats is sold as a whole, regardless of whether it is completely filled by the customer or there will be free space. Block charter rates are the lowest rates. They are determined depending on the situation in the passenger market and, as a rule, are reviewed annually. Block charter tariffs are not announced to anyone: for each company that organizes tourist transportation, they are set confidentially, specifically in each case, depending on the number of seats required for this company.

The block charter tariff is usually set for transportation in both directions (“round trip”).