Are you planning to travel by train, bus or plane? Did you know that you always sign a transport contract? What are the important aspects of the contract, what exactly does the contract of carriage contain and what rights and obligations does it imply for you? That’s what we’ll look at in today’s article. It will help you to better understand your rights as a passenger.
When you buy a train, bus or plane ticket, you enter into a contract of carriage with the carrier. This is a contract between the carrier and the passenger. In Czech law, this contract is enshrined in the seventh part of the Civil Code. However, the Civil Code itself refers in detail to transport schedules.
The contract is concluded at the moment you buy the ticket. It does not matter whether this act takes place in person at the ticket office, at the ticket window, via a ticket machine, when boarding with the driver or electronically via the internet. On some means of transport, it is also possible to buy a ticket during the journey (e.g. on trains, you can buy a ticket with a surcharge).
Obviously, you are not signing any paper that says “transport contract”. Some contracts can also be concluded implicitly, i.e. in effect tacitly, by your own actions. So how do you know what is contained in a contract that you do not even have the opportunity to read? In this case, you have to do a little digging. The Civil Code and, where applicable, other legislation, as well as the carrier’s transport regulations and terms and conditions, determine what is included in the contract.
First of all, the contract of carriage obliges the carrier to transport you and, if applicable, your luggage safely and in accordance with the timetable from the place of departure to the place of destination. On the other hand, as a passenger, you are obliged to pay the specified fare and to comply with the carrier’s transport and operating rules. The contract also contains details such as the conditions for refunding the fare, the possibility of changing the ticket, and other rights and obligations of both parties.
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As we mentioned above, the conclusion of a transport contract typically occurs at the moment the ticket is purchased, i.e. when the fare is paid. It should be remembered that this act involves the passenger’s agreement to the conditions set by the carrier (for example, the conditions of carriage and fares).
In many public transport systems (typically train or bus) it is possible to buy a ticket on board from the conductor or driver. In this case, the transport contract will be concluded at the moment the ticket is purchased on board. If the ticket cannot be purchased and the passenger does not have a ticket, this may be considered a breach of the conditions of carriage, which may lead to penalties such as fines.
In air transport the situation is stricter and without a valid ticket you are (in the vast majority of cases) not allowed to board the aircraft.
In any case, if you board without a valid ticket and there is no possibility to purchase one on the spot, technically there is no contract of carriage under the standard conditions of carriage. In such a case, the carrier does not guarantee your rights under the contract of carriage, such as the guarantee of safe delivery to your final destination according to the timetable.
Tip: Flight, train or bus delays or cancellations can complicate your plans and cause inconvenience. What are your rights as a passenger and what are the carrier’s obligations? What can you demand from different types of carriers and what should you do if unexpected problems occur during your journey? This is the subject of a separate article.
The area of transport contracts and the conditions that carriers must meet is regulated by a combination of laws and carriers’ internal rules.
The general elements of a transport contract are laid down in the Civil Code. Passengers within the EU are further protected by a number of EU regulations, such as
The details of the service provided by a particular carrier are then provided by the individual carriers’ schedules.
Carriers must also meet certain safety and service quality standards, which may be set by both national and international regulatory authorities.
Beyond the basic legal framework, carriers have some freedom in how they set their transport and tariff conditions. This includes, for example:
Carriers are free to determine, within legal constraints and general standards, what services they will provide, what fares will be charged and how these services will be advertised and sold. This “free discipline” allows different carriers to differentiate themselves from their competitors and offer different levels of comfort and service to passengers.
Tip: What to do if other things go wrong during the trip? The hotel doesn’t have your room size and instead of a sea view you are looking into a yard with garbage? This is the focus of our next article on holiday complaints.
As in any other type of contractual relationship, there are rights and obligations on both sides. The basic obligation on the part of the carrier is to transport the person to the destination. The passenger undertakes to pay the fare (and to respect the operating rules). Let’s look at their rights and obligations in more detail.
Carriers are obliged to ensure the safety of passengers during the journey. This includes maintaining the roadworthiness of their vehicles, training their staff and complying with safety regulations.
Carriers should provide clear and accurate information on timetables, prices, conditions for changing and cancelling tickets and passengers’ rights in the event of a breach of conditions by the carrier. Passengers within the EU, on the other hand, have the right to information, ticket refunds or compensation depending on the length of the delay. The carrier should also provide alternative transport or accommodation if necessary or required by the relevant legislation.
Transport services should be accessible to the general public, including persons with disabilities. Carriers are obliged to ensure that vehicles and terminals are accessible and equipped for the needs of such persons. However, this obligation is not absolute, e.g. to travel in a wheelchair via ČD, a form must be filled in on the website at least 24 hours in advance. Similarly, the need to give advance notice of such a specific situation also applies to bus or air transport.
Carriers should follow the timetable as stated in the contract and travel information. In the event of delays or cancellations, carriers are often obliged to inform passengers and in some cases provide compensation or alternative transport.
Passengers have the right to safe, reliable and timely transport that complies with the conditions set out in the transport contract and timetable. They also have the right to information about changes in the timetable, compensation and reimbursement in the event of delays, cancellations or damage to luggage, in accordance with the applicable regulations and conditions of the carrier. Passengers’ obligations under the transport contract may include various aspects of behaviour and compliance with the rules laid down by the carrier. Typical obligations are:
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