Article 11. Transportation of goods, passengers, baggage, postal items, provision of freight forwarding services of the Law on Transport in the Republic of Kazakhstan
When transporting goods, passengers, baggage, postal items and when performing freight forwarding services, the carrier is obliged to:
- have a permit provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications";
- conclude an agreement (contract) with the client in the prescribed form;
- provide vehicles with documents in the field of conformity assessment;
- to compensate for the damage caused to the client and a third party, including the loss of time in monetary terms;
- to ensure the safety of the passenger, the creation of necessary amenities and service conditions for him, and in the case of baggage delivery by the passenger, as well as the timely transportation and safety of his baggage;
- ensure traffic safety;
- to provide the client with freedom of choice of transport in the transport services market;
- receive documents confirming the conformity of the shipped cargo with its certificate;
- to comply with the requirements of state bodies within their competence for the implementation of special and military transportation (the costs of these transportation are reimbursed from budgetary funds in accordance with the legislation of the Republic of Kazakhstan);
- insure your civil liability to passengers in accordance with the procedure established by the legislative acts of the Republic of Kazakhstan on compulsory insurance;
- in order to carry military passengers, allocate armored seats on modes of transport, payment for which is charged for their actual use.
to provide persons with disabilities with access to passenger transportation, carrier services, and service information, and to create the necessary amenities and conditions for the provision of transportation services to them.
When government agencies hold tenders for the right to service passenger transportation routes, persons whose vehicles are adapted for access by persons with disabilities have an advantage.
The carrier has the right to freely set prices for transportation in accordance with the pricing rules, except in cases where regulated tariffs are established.
The carrier has no right to refuse transportation to legal entities and individuals, except in cases stipulated by the legislative acts on transport of the Republic of Kazakhstan.
When transporting goods, passengers, baggage, mail, and forwarding services, the customer has the right to:
- to demand the fulfillment of the contract concluded between him and the carrier;
- to challenge, in accordance with the established procedure, the compliance of the quality level of transportation with its certificate;
- to demand compensation for the damage caused, including the loss of time in monetary terms.
The Client is obliged to:
- comply with the terms of the contract concluded with the carrier;
- to issue to the carrier a document confirming the conformity of the cargo with its certificate;
- follow the rules of transportation;
- to present cargo and baggage in the form prepared for transportation.
The passenger must arrive at the point of departure before the start of transportation no later than the time set by the rules of transportation. The time of arrival at the departure point is indicated on the ticket.
The individual rights and obligations of the customer and the carrier are determined by the agreement of the parties in the contract of carriage.
The conditions of transportation of goods, passengers, baggage, mail, freight forwarding operations and the responsibility of the parties for transportation and freight forwarding operations are determined by regulatory legal acts, as well as contracts of carriage.
If urban rail transport is available, the local executive body approves the Rules for Passenger Transportation by Urban Rail Transport.
The footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 12/28/1998 No. 338; dated 05/08/2003 No. 414; dated 12/29/2006 No. 209 (for the procedure of entry into force, see art. 2); dated 07/04/2013 No. 132-V (for the procedure of entry into force, see art. 2); dated 05/16/2014 No. 203-V (effective upon expiration six months after the date of its first official publication); dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 03.12.2015 No. 433-V (effective from 01.01.2016); dated 04/09/2016 No. 494-V (effective after ten calendar days after the date of its first official publication); dated 05.05.2017 No. 59-VI (effective after ten calendar days after the date of its first official publication); dated 06/27/2022 No. 129-VII (effective after ten calendar days days after the date of its first official publication); dated 04/20/2023 No. 226-VII (effective from 07/01/2023).
The Law of the Republic of Kazakhstan dated September 21, 1994 No. 156.
This Law defines the foundations of the legal, economic and organizational activities of transport in the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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