A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger.[1] Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure (removing liability for extraordinary occurrences beyond control of the parties).[2] Among common carriers, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document. Notification of a shipment’s arrival is usually sent to the "notify party", whose address appears on the shipping document. This party is usually either the buyer or the importer.
Paul Todd notes that the 1950 legal case of Heskell v. Continental Express ([1950] 1 All E.R. 1033) provides a "good desciption of [the] process of carriage", including the roles of forwarding agents and loading brokers in this process.[3]
Rail travelEdit
Cross-border European railway tickets are covered by the CIV conditions of sale.
Air travelEdit
In July 2010, it became widely public that Southwest Airlines had classified mechanical difficulties as an act of God in their contract of carriage, expanding the definition formerly shared with Delta, American, Continental and United.[4] This was later clarified by the airline as mechanical difficulties beyond the airline's control, as for instance the failure of the air traffic control system, or fuel delivery systems operated by airports.
Involuntary denied boardingEdit
Airlines may sell more tickets for a flight than the number of seats that are actually available. This overselling can result in too many passengers turning up for a flight. When this happens, the airline first asks for volunteers to give up their seat in return for compensation. However, if there are not enough volunteers, the airline itself designates which passengers will have to give up their seats. This process is called involuntary denied boarding or (less formally) bumping.[5]
The rate of passengers who are involuntarily denied boarding is around 1 in 10,000 and has been falling for the 25 years between 1990 and 2015.[6]
According to aviation analyst Henry Harteveldt, the airline's contract of carriage[7] favors the company, not the passenger. Involuntary denial of boarding is not uncommon[8] but removal after boarding because the seat is needed by others is "exceedingly rare". Nonetheless, an airline has a right to do so based on the contract, in his view. "Remember, it is their aircraft and their seat — you're just renting it to get from point A to point B," Harteveldt told Business Insider.[9]
ReferencesEdit
^"CONTRACT OF CARRIAGE Definition & Legal Meaning". Black's Law Dictionary (2nd ed.). Retrieved January 24, 2023.
^"CONDITIONS OF CARRIAGE Definition & Legal Meaning". Black's Law Dictionary (2nd ed.). Retrieved January 24, 2023.
^Todd, P., , updated 3 May 1997, archived 14 December 2010, accessed 1 October 2023
^"Southwest: Breakdown is now an act of God". Arizona Daily Star. July 24, 2010. Retrieved 2010-07-27.
^"Bumping & Oversales". U.S. Department of Transportation. April 15, 2021. from the original on November 15, 2022. Retrieved November 17, 2022.
^Passengers Boarded and Denied Boarding by the Largest U.S. Air Carriers - US DOT
^ "Airline Contracts of Carriage". Airfare Watchdog. Smarter Travel Media LLC. Retrieved April 12, 2017. What are your rights if an airline delays or cancels your flight, or loses your bags? What are the airlines' rules and regulations
^"United bumps more passengers than any other large American airline". The Economist. April 11, 2017. Retrieved April 12, 2017.
^Zhang, Benjamin (April 10, 2017). "How airlines like United choose who to kick off a flight". Business Insider. Business Insider Inc. Retrieved April 12, 2017.
contract, carriage, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, july, 2. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Contract of carriage news newspapers books scholar JSTOR July 2010 Learn how and when to remove this template message A contract of carriage is a contract between a carrier of cargo or passengers and the consignor consignee or passenger 1 Contracts of carriage typically define the rights duties and liabilities of parties to the contract addressing topics such as acts of God and including clauses such as force majeure removing liability for extraordinary occurrences beyond control of the parties 2 Among common carriers they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document Notification of a shipment s arrival is usually sent to the notify party whose address appears on the shipping document This party is usually either the buyer or the importer Contents 1 Carriage by sea 2 Rail travel 3 Air travel 3 1 Involuntary denied boarding 4 References 5 External linksCarriage by sea EditPaul Todd notes that the 1950 legal case of Heskell v Continental Express 1950 1 All E R 1033 provides a good desciption of the process of carriage including the roles of forwarding agents and loading brokers in this process 3 Rail travel EditCross border European railway tickets are covered by the CIV conditions of sale Air travel EditIn July 2010 it became widely public that Southwest Airlines had classified mechanical difficulties as an act of God in their contract of carriage expanding the definition formerly shared with Delta American Continental and United 4 This was later clarified by the airline as mechanical difficulties beyond the airline s control as for instance the failure of the air traffic control system or fuel delivery systems operated by airports Involuntary denied boarding Edit Airlines may sell more tickets for a flight than the number of seats that are actually available This overselling can result in too many passengers turning up for a flight When this happens the airline first asks for volunteers to give up their seat in return for compensation However if there are not enough volunteers the airline itself designates which passengers will have to give up their seats This process is called involuntary denied boarding or less formally bumping 5 The rate of passengers who are involuntarily denied boarding is around 1 in 10 000 and has been falling for the 25 years between 1990 and 2015 6 According to aviation analyst Henry Harteveldt the airline s contract of carriage 7 favors the company not the passenger Involuntary denial of boarding is not uncommon 8 but removal after boarding because the seat is needed by others is exceedingly rare Nonetheless an airline has a right to do so based on the contract in his view Remember it is their aircraft and their seat you re just renting it to get from point A to point B Harteveldt told Business Insider 9 References Edit CONTRACT OF CARRIAGE Definition amp Legal Meaning Black s Law Dictionary 2nd ed Retrieved January 24 2023 CONDITIONS OF CARRIAGE Definition amp Legal Meaning Black s Law Dictionary 2nd ed Retrieved January 24 2023 Todd P Carriage contracts updated 3 May 1997 archived 14 December 2010 accessed 1 October 2023 Southwest Breakdown is now an act of God Arizona Daily Star July 24 2010 Retrieved 2010 07 27 Bumping amp Oversales U S Department of Transportation April 15 2021 Archived from the original on November 15 2022 Retrieved November 17 2022 Passengers Boarded and Denied Boarding by the Largest U S Air Carriers US DOT Airline Contracts of Carriage Airfare Watchdog Smarter Travel Media LLC Retrieved April 12 2017 What are your rights if an airline delays or cancels your flight or loses your bags What are the airlines rules and regulations United bumps more passengers than any other large American airline The Economist April 11 2017 Retrieved April 12 2017 Zhang Benjamin April 10 2017 How airlines like United choose who to kick off a flight Business Insider Business Insider Inc Retrieved April 12 2017 External links EditAirline contractsContract of Carriage Hawaiian Airlines Viewed 23 December 2012 Contract of Carriage Alaska Airlines Viewed 11 April 2008 Terms and conditions FedEx Viewed 3 April 2006 nbsp This legal term article is a stub You can help Wikipedia by expanding it vte nbsp This article about transport is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Contract of carriage amp oldid 1178034530 Involuntary denied boarding, wikipedia, wiki, book, books, library,
