INTRODUCTION
Transport obligations are an important component of the system of obligations for the provision of civil legal services. Obligations to provide services that directly affect the implementation of the transport process at its various stages are obligations in the field of transport activities for the movement of material assets, passengers, their luggage, forwarding services, towing ships and rafts, united by the general scope of economic activity and its features organizations.
The relevance of my work lies in the fact that the contract for the carriage of passengers by sea is one of the unique types of transport contracts that are complex and of interest to lawyers, reflecting the specifics and customs of relations associated with maritime merchant shipping. It is in maritime transportation that business customs are more often used, which are applied on a par with the contract itself.
The purpose of the work is to characterize, on the basis of current legislation, the features of the contract for the carriage of passengers and baggage by sea, as well as its practical application.
The objectives of the work are:
Determine the legal basis for the carriage of passengers and luggage by sea;
Describe the contract for the carriage of passengers and luggage by sea;
Determine the features of this agreement, its modification and termination.
Establish liability for violation of obligations to transport passengers and baggage by sea, in particular the liability of the carrier.
The subject of the study is the norms of current legislation relating to the transportation of passengers and baggage by sea.
Object of study – public relations arising in the process of transporting passengers and luggage by sea.
The main regulations that I reviewed in the process of creating my work are: acts of international law related to the transportation of passengers and baggage by sea, the Civil Code of the Russian Federation (Chapter 40 “Transportation”), the Merchant Shipping Code of the Russian Federation, and other laws and regulations related to the transportation of passengers and cargo, as well as educational, scientific and methodological literature on a given topic.
This work consists of two parts.
1. analysis of the legal basis for the carriage of passengers and baggage by sea
2. study of liability for violation of obligations to transport passengers and luggage by sea.
This work begins with a description of the contract for the carriage of passengers and baggage by sea, its background and formation in modern legislation. There is also a mention of acts of international law, which are basic and apply especially when transportation is carried out to foreign countries.
The second part of my work is directly devoted to liability for violation of the obligations of transporting passengers and baggage by sea. This chapter was highlighted due to the fact that there are rules on liability here that are somewhat different from the rules provided for by the Civil Code of the Russian Federation, in particular, these are the limits of the carrier’s liability, the specifics of liability for loss and damage to valuables. Specific acts establish their own limits of liability, because, as one of the principles of transport law says, the carrier’s guilt is limited.
1. LEGAL BASIS OF TRANSPORTATION OF PASSENGERS AND BAGGAGE BY SEA TRANSPORT
1.1. Contract for the carriage of passengers and baggage by sea
Transporting people by water is one of the most ancient types of travel using vehicles. Initially, these were wooden rafts and boats, which in modern tourism can rather be classified as non-traditional modes of transport. The development of scientific and technological progress has led to the creation of huge liner motor ships capable of taking tens of hundreds of passengers on board, transporting them in comfortable conditions over long distances, making round-the-world tours across the seas and oceans, and even traveling among the ice.
Quite a large number of studies have been devoted to the transportation of passengers by sea. They were mainly studied by scientists such as M.M. Boguslavsky, M.I. Braginsky, V.A. Vitryansky, V.O. Zalessky, G.A. Mikryukova, T.R. Korotky, A.N. Shemyakin, O.N. Sadikov, A.L. Makovsky and others. Basically, their teachings are devoted to the study of the contract for the carriage of passengers by sea.
Considering the contract for the carriage of passengers by sea, these authors note the specifics of transporting passengers by sea, which also predetermines some features of the legal regulation of the relations emerging in connection with this. Characteristic for the carriage of passengers by sea are the requirements for the seaworthiness of a passenger ship, the conditions for transporting passengers and their luggage, the specifics of the carrier’s liability under this type of contract, and others.
When considering the rights and obligations of the parties under a contract for the carriage of passengers by sea, it is necessary to pay attention to special attention the carrier’s obligation to make the vessel seaworthy in advance of the voyage. As noted by A.L. Makovsky, the carrier must, first of all, ensure the seaworthiness of the vessel on which the passenger is to be transported.
In particular, a definition of a sea cruise is given - this is a sea voyage of a passenger for the purpose of recreation, made, as a rule, in a closed ring on the same vehicle. Sea cruises are divided into domestic (between ports of one state) and international (between ports of different states).
The legality of a citizen’s presence on the ship is confirmed by presenting a travel ticket or an equivalent document. Ticketless travel does not give rise to contractual relations, and a person who does not have a ticket has no right to demand that the carrier deliver him and his luggage to any of the destinations indicated by him, even if they are ports (points) of call of the ship, provide space on the ship and etc. For traveling without a ticket, a fine is imposed, the payment of which does not give rise to contractual relations between the person from whom the fine was collected and the carrier. The person who has paid the fine must purchase a ticket for further travel to the destination.
The works of O. N. Sadikov analyze various aspects international legal regulation of sea cruise, as well as regulation of sea cruise under Russian law and under the legislation of some foreign countries.
Transportation of passengers and luggage by sea is regulated by international and national legislation. During international transportation, international treaties and conventions are in force, among which we can highlight the Athens “Convention on the Carriage of Passengers and Luggage by Sea,” adopted in 1974. The USSR joined this Convention in 1983. The Russian Federation, as the legal successor of the Soviet Union, is a party to this agreement. The Convention applies to all ships (except hovercraft) and applies to any international transport if the ship is flying the flag of a state that is a party to the Convention or is registered in such a state; if the contract of carriage is concluded in this state or if it is the place of departure or destination of the vessel. At the same time, the Convention does not apply if the passenger is a citizen of Russia and is traveling on a ship under an agreement with a Russian carrier. The Athens Convention provides for the liability of the carrier for damage resulting from the death or personal injury of a passenger, as well as from loss or damage to luggage. In accordance with this document, the carrier's property liability is 700,000 Swiss francs for damage caused to the health of the passenger; CHF 12,500 for hand luggage; CHF 50,000 per vehicle; CHF 18,000 per passenger for other items of baggage.
One of the international organizations dealing with maritime shipping issues is the international maritime organization IMO (International Maritime Organization), created in 1958. It develops international acts in the field of maritime transport, including those related to the safety of navigation and the protection of the marine environment from pollution . As a result of the activities of this organization, a number of conventions regulating international maritime transport were signed: “International Convention for the Safety of Life at Sea” (1974); “International Convention for the Unification of Certain Rules for the Carriage of Baggage and Passengers by Sea” (1967); “International Convention for the Unification of Certain Rules Relating to the Carriage of Passengers by Sea” (1981); "International Convention on Search and Rescue at Sea" (1979); “Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials” (1972) and others.
For maritime transport in the territorial waters of the Russian Federation, in the waters of the open sea and when Russian ships call at foreign seaports, a legal document of the national legislation “Code of Merchant Shipping of the Russian Federation” (MCM RF), which came into force on May 1, 1999, is in force. This document regulates relations arising from merchant shipping, which is understood as “activities related to the use of ships for: transportation of goods, passengers and their luggage; fishing of aquatic biological resources; exploration and development of mineral and other non-living resources of the seabed and its subsoil; pilotage and icebreaker assistance; search, rescue and towing operations; recovery of property sunk at sea; hydraulic engineering, underwater technical and other similar works; sanitary, quarantine and other control; protection and conservation of the marine environment; conducting maritime scientific research; educational, sports and cultural purposes; other purposes."
The contract for the carriage of passengers by sea is determined by Article 177 of the ninth chapter of the Code of Customs of the Russian Federation; in accordance with this article, the carrier undertakes to transport the passenger to the destination and, if the passenger checks in luggage, also deliver the luggage to the destination and hand it over to the person authorized to receive the luggage, and the passenger undertakes to pay the established travel fee, baggage check-in fee and baggage transportation fee.
The carrier is the person who has entered into an agreement for the carriage of a passenger by sea or on whose behalf such an agreement has been concluded, regardless of whether the passenger is transported by the carrier or the actual carrier.
The actual carrier is a person other than the carrier who, being the owner of the ship or a person using the ship on another legal basis, actually carries out the transportation of the passenger or part thereof.
A passenger is any person whose transportation is carried out on a ship under a contract for the carriage of passengers by sea or with the consent of the carrier for the purpose of accompanying a vehicle or animals under a contract for the carriage of goods by sea.
The definition of the concept of a contract for the carriage of passengers in the Code of Transport of the Russian Federation in its essence repeats the rule of paragraph 1 of Art. 786 of the Civil Code, this means that the basic rights and obligations of the parties under a contract for the carriage of passengers by sea are similar to the rights and obligations of the parties when transporting passengers by other modes of transport. The presence in these cases of common features and great similarity of contracts does not exclude certain specifics inherent in passenger transportation by sea. At the current level of development of the transport network, business and household transportation is more efficient (in terms of speed) to be carried out by air, rail or by road transport. Sea vessels are increasingly being used to carry out tourist and pleasure voyages and to turn into a “floating hotel”, which, along with transport, which aims to move passengers from one port to another, also performs a cruise function. Sea passenger ships often alternate sea crossings with long stops at port points. Passenger transportation services are complemented by excursions, cultural and entertainment events, the provision of consumer services and increased service for accommodation and entertainment on the ship.
The subject composition of the contract for the carriage of passengers by sea is represented by the carrier and the passenger.
The term “carrier” means any shipping company or port by which or on whose behalf a contract of carriage has been concluded. The carrier can also be either the owner of the vessel or the charterer who rents the vessel with a crew (time charter owner) or without a crew (bareboat charter).
Unlike railway transport, where transportation is carried out by a state public carrier, in maritime transport transportation is carried out by carriers of various organizational and legal forms. A shipowner who systematically, independently, at his own risk, engages in transportation activities for the purpose of making a profit, is an entrepreneur and, as such, must undergo the necessary registration in the form of an individual entrepreneur or founder of an enterprise of the appropriate organizational and legal form.
The carrier is the person who has entered into an agreement for the carriage of passengers by sea or on whose behalf such an agreement has been concluded, regardless of whether the transportation is carried out by the carrier or the actual carrier. From what is given in paragraph 2 of Art. 177 of the KTM rules follows at least two characteristics characteristic of the carrier: he must be designated as a party in the document formalizing the transportation relationship, and carry out transportation on a ship that belongs to him under a certain legal title (ownership right, right of economic management) with use of crew services.
If the ship does not leave the possession of the owner (other legal owner) as is the case with time charter, along with the carrier indicated in the transportation document, the passenger may also be in a relationship with the actual carrier who actually carries out transportation along the entire route or at some point in it. The lessor, throughout the entire term of the rental agreement for a vehicle with crew, is obliged to maintain the proper condition of the leased vehicle, including carrying out routine and major repairs and providing the necessary accessories.
A passenger is a person who has a contractual relationship with the carrier and is indicated as such on a ticket or other document confirming his right to travel.
Cruise transportation is usually carried out on ships rented by tourism organizations on terms agreed upon by the carrier with the travel company. Travel for cruise participants in these cases is carried out on tourist vouchers; a person on board a ship can be called a passenger, tourist, excursionist. Tourists and excursionists make excursions through tourist and excursion organizations, using the services of which they enter into a transportation relationship with a sea carrier. If a tourist and excursion organization formalizes a relationship with a carrier from own name, then for a tourist and excursionist the sea carrier may turn out to be an actual and not a contractual carrier.
The conclusion of a contract for the carriage of passengers by sea is certified by a ticket, and the passenger's check-in of luggage is certified by a baggage receipt.
The indication of the law on a ticket and baggage receipt in the meaning of a method of certifying the conclusion of a contract for the carriage of a passenger by sea allows us to conclude that the contract for the carriage of a passenger is concluded in writing, since only the written form of the transaction requires the presentation of written evidence in the event of a dispute.
Article 179 of the Code of Labor Code of the Russian Federation mentions a passenger ticket and a baggage receipt. However, the content of this article can be interpreted broadly, since travel can be carried out, for example, by a tourist on a voucher, with other documents giving the right to travel, with discounted, children's or free tickets. For organized groups of passengers traveling in the same direction, one ticket may be issued (or one separate ticket for each group of passengers traveling in cabins of a certain category) indicating the names of the group members traveling on this ticket.
The ticket for travel on coastal line ships indicates: the passenger's surname and initials, the number and series of the passport or a document replacing it, ports of departure and destination, departure date and time, name of the ship, cabin and seat number, fare, ticket issue date, cashier's signature.
Registration of travel documents on international routes is carried out only upon presentation of a document proving the identity of the passenger. A direct ticket is issued in Russian and English, a return ticket is in English, blots and corrections are not allowed. The ticket is always personalized, containing approximately the same details as the ticket used in cabotage. If a child is traveling with the passenger, the age of the child is indicated. The ticket issued to the passenger is not transferable to other persons.
Depending on the nature and purpose of passenger transportation, transportation carried out by public transport can be distinguished when, in accordance with the law, other legal acts or an issued permit (license), the carrier is obliged to carry out the transportation of a passenger and his luggage at the request of any citizen or legal entity (Article 426 , 789 Civil Code of the Russian Federation). Lists of organizations obliged to carry out transportation recognized as public transportation are published in the prescribed manner (clause 1 of Article 789 of the Civil Code of the Russian Federation). Client information on transportation by public transport must be published in collections of transportation rules (tariffs) and announced at all points of departure. These are usually transport ships operating on scheduled lines.
Regular passenger lines by type of service are divided into:
a) internal (coastal) ports connecting Russian ports;
b) foreign (international) connecting Russian and foreign ports;
c) local, supported by ships of the port passenger fleet between points within the territory administratively subordinate to the city (district);
d) suburban, connecting port points located on the territory administratively subordinate to the city (district).
Coasting lines, depending on the nature of the trip and service conditions, can be:
a) transport;
b) high-speed transport, serviced by hydrofoil or hovercraft;
c) ferry crossings;
d) with comprehensive passenger services.
On tourist (cruise) lines and flights transporting organized groups of passengers, ships operate under the terms of special contracts (agreements) according to a special schedule.
A passenger is any person who, in pursuance of a contract of carriage concluded by himself or on his behalf, is transported for a fee or free of charge in cases provided for by current legislation.
Passenger is a person who is a party to the contract for the carriage of passengers by sea and, on the basis of this contract, has the right to travel on this sea vessel. Since the conclusion of a contract for the carriage of a passenger by sea is certified by a ticket (Article 179 of the Code of Labor Code of the Russian Federation), a passenger is a person who has a ticket for travel on a sea vessel or another document of the established form, granting the passenger the right to free travel by sea.
Clause 3 of Art. 177 KTM of the Russian Federation corresponds to paragraph 4 of Art. 1 of the Athens Convention, according to which a person is considered as a passenger who is transported on a ship under a contract for the carriage of a passenger or with the consent of the carrier for the purpose of accompanying a vehicle or animals under a contract for the carriage of goods by sea.
The legality of a citizen’s presence on the ship is confirmed by presenting a travel ticket or an equivalent document. Ticketless travel does not give rise to contractual relations, and a person who does not have a ticket has no right to demand that the carrier deliver him and his luggage to any of the destinations indicated by him, even if they are ports (points) of call of the ship, provide space on the ship and things like that. For traveling without a ticket, a fine is imposed, the payment of which does not give rise to a contractual relationship between the person from whom the fine was collected and the carrier. The person who has paid the fine must purchase a ticket for further travel to the destination.
Passenger rights are also enjoyed by children whose right to free carriage (or carriage on other preferential terms) is enjoyed by the passenger. In cases where a child travels with a parent without being provided with a separate sleeping place, he is considered to be traveling under an agreement concluded by an adult passenger for his own travel.
The passenger is obliged to comply with the procedures in force in maritime transport, the rules for using ships and passenger premises, and treat the property of maritime transport with care. Damage caused to the property of maritime transport due to the fault of the passenger must be compensated. A passenger, if his behavior on the ship threatens the safety of other passengers (tourists), crew, shipowner, property and the ship, may be disembarked at the nearest port of call of the ship without paying him the difference in the cost of the ticket from the place of disembarkation to the final port indicated on the ticket.
The main responsibility of the carrier is to deliver the passenger and their checked baggage to their destination.
The carrier is obliged to provide the passenger with the seat indicated on the ticket on the ship. If the passenger is not provided with a seat of the category specified in the ticket, the passenger has the right, at his choice, to either refuse the trip and consider the Agreement invalid, or demand an extension of the validity period of the ticket and the right to travel on the next flight. When a passenger is placed, with his consent, in a lower-paid seat, an act is drawn up, according to which the difference in fare must be paid to the passenger.
If, due to the fault of the carrier, the passenger does not use his seat according to the ticket (for example, when selling two tickets for one seat, in case of a malfunction of the seat, when changing the vessel, etc.), the passenger must be provided with his consent an equivalent seat or a seat of a higher category without charging the difference in fare. The carrier must ensure compliance with the announced schedule and calls at specified points within certain periods. In cases where the ship's late arrival at the transfer point will result in an interruption in the transit passenger's trip, the validity period of the ticket must be extended for the entire duration of its delay until he is given the opportunity to extend the trip.
Under the contract for the carriage of passengers by sea, the carrier undertakes, in the event the passenger checks in the baggage, to deliver the baggage to the destination and hand it over to the person authorized to receive the baggage. The transportation of baggage is in many ways similar to the transportation of cargo and differs from the latter in that it is carried out in connection with the transportation of a passenger if he has a ticket. Baggage is transported on the ship and flight for which the ticket was purchased. Transportation of luggage on hydrofoil or hovercraft is carried out only if there is a special luggage compartment.
Since the baggage is transported on the same ship on which its owner, the passenger, is located, and a note is made on the passenger’s transportation document indicating that the baggage has been checked in for transportation, this allows us to conclude that the baggage is transported under an additional (accessory) obligation to the passenger carriage contract , formalized by issuing a baggage receipt.
The contract for the carriage of baggage, although it complements the contract for the carriage of a passenger, is not covered by its content. The passenger has the right to carry baggage, but he must exercise this right by concluding another contract in addition to the contract for the carriage of himself. When transporting a passenger and his luggage, two contracts are concluded, different in their legal nature. If the contract for the carriage of a passenger is a consensual contract, for the conclusion of which one agreement is sufficient, then the contract for the carriage of baggage is a real contract, recognized as concluded only at the moment the passenger hands over the relevant property to the carrier.
Both the contract for the carriage of passengers and the contract for the carriage of baggage are paid. Carriage fees for baggage are charged upon departure.
It should be noted that there is a difference between luggage and cabin luggage.
Baggage is any item or any vehicle, the transportation of which is carried out by the carrier under a contract for the carriage of passengers by sea, with the exception of an object or vehicle, the transportation of which is carried out under a contract for the carriage of goods or animals by sea.
Cabin baggage is baggage that is located in a passenger's cabin or is otherwise in his possession, custody or control. Cabin baggage includes baggage that a passenger has in or on his car, except in cases of application of the rules established by Article 182 and paragraphs 2-5 of Article 190 of the Code of the Russian Federation.
The definition of baggage contained in Art. 180 KTM, based on paragraphs 5 and 6 of Article 1 of the Athens Convention. The main difference between the modes of transportation of baggage and cabin luggage is that the carrier is responsible for the safety of luggage during the entire period of transportation, and cabin luggage is under the protection and control of the passenger. The specificity of cabin luggage also lies in the fact that, within the permissible limits, a passenger is allowed to transport as cabin luggage such items that, due to their dimensions and properties, can be easily placed in passenger rooms and do not create inconvenience for other passengers. It is prohibited to carry in cabin baggage items that can damage or contaminate the ship, the belongings or clothing of other passengers, or foul-smelling, flammable, flammable, explosive, radioactive and other dangerous substances and objects.
Cabin baggage is the passenger's belongings, compactly packed and freely placed in the cabin or on shelves in common areas, and carried by him with him within the established quantity. The carriage of cabin baggage does not require the conclusion of a special agreement, other than the agreement already concluded between the parties for the carriage of passengers by sea. If, under the terms of the contract for the carriage of passengers by sea, a car is transported, then the luggage located in or on the car is also considered cabin baggage.
Cabin luggage is in the possession of the passenger and is transported under his protection and control. However, if there is fault, the carrier may be held liable for failure to preserve cabin luggage that occurred during transportation. The grounds and limits of such liability are determined by the contract of carriage of the passenger, within the framework of which cabin luggage was transported.
Unlike “cabin baggage,” “baggage,” if checked in by a passenger, is formalized by issuing a baggage receipt and transferred into the possession of the carrier under his responsibility. Each piece of baggage must be prepared for transportation based on the requirements for ensuring safety during storage, loading, transportation and unloading. Packed or unpacked items must have provisions for their transportation. Each item checked in is accepted separately. The passenger can declare its value - both common for all seats, and for each seat individually. The declared value is included in the baggage receipt. At the port of destination, baggage is issued to the passenger upon presentation of a baggage receipt.
The passenger has the right:
1. Carry with you free of charge, in foreign traffic - in accordance with the preferential tariff, one child under two years of age without providing him with a separate seat. Other children under two years of age, as well as children between two and twelve years of age, are transported at a reduced rate and are provided with separate seats;
2. Carry cabin luggage with you free of charge within the established norm.
For the transportation of a passenger and his luggage, a carriage fee is charged, established by agreement of the parties, unless otherwise provided by law or other legal acts (clause 1 of Article 790 of the Civil Code of the Russian Federation). Payment for the transportation of passengers and luggage by public transport is determined on the basis of tariffs approved in accordance with the established procedure (clause 2 of Article 790 of the Civil Code of the Russian Federation). Thus, a twofold procedure has been established for determining freight charges: according to approved tariffs for public transport and, by agreement of the parties, for other transportation. Both procedures, formed as a general provision, do not exclude their more detailed regulation in the rules for the operation of courts on certain lines and directions.
The current legislation in Russia on state regulation of prices (tariffs) provides for different procedures for establishing freight charges depending on the type of transport and the type of services provided by it. So far, at the Federation level there is no single law on pricing, and general regulatory regulation of pricing (tariffs) is formed at the level of presidential decrees and decrees of the Government of the Russian Federation.
The amount of the fare depends on the distance of sea transportation, the type of navigation (coastal, overseas traffic), the speed of passenger delivery (by express, ambulance or cargo-passenger line), the comfort of the vessel, as well as on the space occupied by the passenger (in cabins I, II, III classes and the like).
The establishment of regulated prices, as well as control over their implementation, is carried out by various government bodies executive power. The federal executive body that carries out state regulation of the establishment and application of prices and control over them is the Ministry of Economy of Russia, as well as the Ministry of Antimonopoly Policy and Entrepreneurship Support. In the constituent entities of the Federation, similar functions are assigned to the corresponding committees (departments) of the economic administration. Other federal executive bodies and bodies of the constituent entities of the Federation perform the functions of pricing, price application and price control within the limits of their powers. A special role in this regard belongs to the antimonopoly authorities.
For the transportation of passengers on ships operating on joint lines with foreign shipowners, the tariffs of these lines are applied.
When transporting passengers and baggage, the rules, tariffs and fees that apply on the day the ticket is purchased and the baggage receipt is issued are applied.
Payment for the transportation of children depends on the type of navigation (cabotage or overseas communication) and the age of the child, which is determined on the day the transportation begins at the initial port of departure indicated on the ticket, based on his birth certificate or a mark in the parents’ passport.
One child under two years old, if he is not provided with a separate seat, is transported free of charge on coastal sailing. A note about this is made on the adult passenger’s ticket. For children aged 2 to 12 years, a ticket is issued, according to which the child is given a separate seat. The tickets of children with a separate seat include the last name, first name, and patronymic of the passenger accompanied by them on the ship. In practice, depending on the seat category, the fare for a child aged 2 to 12 years is charged from 50 to 75% of the fare for an adult passenger. The fare for a child over 12 years old is the same as for an adult passenger.
For each full or child ticket, the passenger has the right to carry cabin baggage, the norms of which are determined by the rules for the carriage of passengers and baggage by public transport, adopted in the established order, or the rules of operation on lines or by agreement for one-time or irregular flights.
The procedure and conditions for the transportation of tourists on foreign cruises are determined by the relevant provisions provided for in contracts. When conducting cruise voyages on chartered ships foreign companies or Russian tourist organizations, the procedure and conditions for the transportation of tourists are established by separate agreements.
1.2. Termination and modification of the contract of carriage
The moment of purchasing a ticket and the start of the flight are usually separated from each other by a period of varying duration. During this time, a lot can happen that will change the passenger's plans and intentions. The law gives the passenger the right to cancel the contract of carriage by sea at any time. Therefore, the passenger’s refusal from the contract of carriage by sea can be made either at the port of departure before the departure of the ship, or at an intermediate port of call of the ship.
Refusal as a method of terminating the contract for the carriage of passengers by sea requires the passenger to perform an action aimed at formalizing this refusal. If the passenger, without renouncing the contract, does not appear on board the ship at the beginning of the voyage, he retains the right to use the seat he paid for in any other port of call of the ship, unless, under the terms of transportation, the carrier has stipulated the right to use the seat not occupied by the passenger at the port of departure at at your own discretion. A passenger who has not used the ticket he purchased and has not declared a cancellation of the contract is deprived of the right to receive any payments from the carrier. Giving the passenger the right to unilaterally cancel the contract at any time before the ship departs from the port of departure, and after the start of the voyage - at any port of call where passengers are allowed to board, is a benefit granted to the passenger as a consumer.
The legal consequences of termination of the contract at the initiative of the passenger depend on whether the passenger notified the carrier or his agent of his intention to terminate the contract, when he did so, and what were the reasons for the passenger’s refusal to terminate the contract of carriage.
During coastal transportation, the passenger receives a refund of all paid fares (for ticket, reserved seat and speed) and baggage transportation:
1. if the passenger refuses transportation without late established by the rules for the carriage of passengers by sea, approved by the federal executive authorities in the field of transport;
2. if the passenger did not show up for the departure of the ship due to illness, which is confirmed by drawing up an act that serves as the basis for payment of money;
3. if the passenger, before the departure of the ship, refused the contract of carriage by sea due to illness. Since a passenger who refuses transportation before the departure of the ship, but no later than the established period, is refunded the payment paid, regardless of the reasons for the refusal, then in this case the same consequences of termination of the contract are stipulated in the case when the passenger refuses the contract, although before the departure of the ship, but for a period of time shorter than the period established by the rules, and the reason for the refusal was his illness;
4. if the contract is canceled for reasons depending on the carrier. Such a reason may include rescheduling the ship's departure for another date or cancellation of the voyage.
If the passenger's refusal occurs at least 30 days before the start of the flight, the deposit will be returned to him in full. If a passenger cancels a trip less than 30 days before the start of the flight, the deposit will not be returned to him. The deposit is also refunded in full if the cancellation of the reserved seat is caused by illness, death, involvement of the passenger in the performance of government duties or at the request of the authorities, if for the stated reasons one of the family members cannot make the planned trip.
Specific rules for canceling the contract and the procedure for processing the return of paid travel are established in accordance with the rules and tariffs of the carrier, and in cabotage transportation - the rules to which the public carrier is subject.
The rules usually establish the conditions under which a partial refund of fares is possible. This occurs in cases where a passenger, due to illness or failure to provide him with a seat in accordance with the ticket, leaves the ship after the start of the voyage (in this case, he is refunded the difference between the full cost of travel (baggage transportation) and the cost of travel (baggage transportation) for the pursued distance) or when returning a ticket to the ticket office less than the number of hours established by the rules before the departure of the ship, or when returning a ticket for a trip on an international ship or on a foreign cruise voyage for a reason not related to illness, force majeure, or another not specified in as a basis for a fare refund.
Having considered the refusal of the passenger from the contract of carriage by sea, one should also consider the possibility of the carrier refusing to fulfill the contract of carriage of the passenger by sea.
The carrier has the right to refuse to fulfill the contract for the carriage of passengers by sea upon the occurrence of the following circumstances beyond the control of the carrier:
1) military or other actions that create a threat of seizure of the ship;
2) blockade of the point of departure or destination;
3) detention of the ship by order of the relevant authorities for reasons beyond the control of the parties to the contract;
4) attracting a vessel for state needs;
5) loss of the ship or its capture;
6) recognition of the vessel as unfit for navigation.
If the carrier refuses to fulfill the contract for the carriage of a passenger by sea before the departure of the ship, the passenger will be refunded the entire payment for the carriage of the passenger and the payment for the carriage of his baggage, after the start of the voyage - part of them in an amount proportional to the distance over which the passenger was not transported.
A carrier who refuses to fulfill a contract for the carriage of a passenger by sea upon the occurrence of the circumstances provided for in this article is obliged, at his own expense, to deliver the passenger at his request to the point of departure or to reimburse the passenger for the expenses actually incurred by him.
Although the CTM does not specify a specific time during which the carrier has the right to refuse to perform the contract, it appears that he can do so at any time before the completion of the carriage. The consequences depend on whether the passenger is in transit or the flight has not yet started. If the carrier refuses to fulfill the contract due to circumstances beyond his control before the departure of the ship, he is obliged to return to the passenger the entire amount of the fee for transporting the passenger and the fee for transporting his baggage. It is assumed that this amount will be enough for the passenger, having resorted to the services of another carrier, to ensure that his need to travel to a certain destination is met.
If a passenger on the carrier's ship has already traveled a certain distance and the carrier, due to circumstances beyond his control, is forced to refuse further performance of the contract, then he is obliged to return to the passenger part of the payment for the carriage of the passenger and the payment for the carriage of his luggage, but in proportion to the distance over which the passenger was not transported implemented. In other words, the carrier in this case retains the right to receive compensation for the completed part of the journey.
Since the passenger, having left the point of departure, did not reach the destination, the carrier who refused to fulfill the contract is obliged to deliver the passenger to the point of departure at his own expense. However, this obligation arises from the carrier as additional to the refund of payment for the unfulfilled part of the journey, if the passenger intends to return to the point of departure and demands reimbursement of the expenses actually incurred by him or his delivery to the point of departure at the expense of the carrier. The actual expenses incurred by him are the expenses, supported by the relevant documents, for transporting the passenger and his luggage from the point at which the initial transportation was interrupted due to the carrier’s refusal to fulfill the contract on the grounds of clause 1 of Art. 184 KTM, to the point of departure under a contract not fulfilled by the carrier.
The loss of the ship or its capture makes it impossible to continue the voyage. Due to the objective impossibility of performance, the contract must be terminated at the initiative of the carrier. Depending on the reasons for the death of the ship, as well as who owned the ship and who (the carrier or the actual carrier) owned and operated it, legal relations may arise related to compensation for damage caused to both the passenger and, possibly, the carrier who suffered losses in due to early termination of the passenger carriage contract.
The seizure of a ship should be distinguished from the detention of a ship. The detention of a vessel has a formal basis in the form of an order from the relevant authorities. The seizure of a ship has no such grounds and actually occurs in connection with hostilities, the threat of hostilities or piracy.
Recognition of a vessel as unseaworthy may serve as grounds for refusal to fulfill a contract for the carriage of a passenger by sea, since continuing the voyage on an unseaworthy vessel is dangerous for the passenger or may be technically unenforceable. The ship's unfitness for navigation must occur due to circumstances beyond the control of the carrier. If the ship's unfitness for navigation occurred due to the fact that the carrier did not take due care to bring the ship into a seaworthy condition, then the carrier cannot rely on Art. 184 KTM and must be held responsible for improper performance of the contract.
Changing the contract for the carriage of passengers by sea is enshrined in Article 185 of the Code of Labor and Trade of the Russian Federation - the carrier is granted the exclusive right to delay the departure of the vessel without prior warning, that is, to delay or postpone the departure of the vessel to another time, change the intended transportation route, change the points of embarkation and disembarkation of passengers, if such actions dictated by the need to protect the interests of the passengers themselves, the carrier and society and arose due to circumstances beyond the control of the carrier. Such circumstances most often become natural phenomena, which may have the nature of force majeure due to their extreme nature and insurmountability, but can also be expressed in dangers and accidents at sea arising from the specifics natural conditions in which maritime shipping is carried out, and the characteristics of the professional activities of the sea carrier.
To classify a particular phenomenon inherent in the elements of the sea as circumstances giving the carrier the right to change the contract for the carriage of passengers by sea, its intensity does not matter. It is necessary that it arise accidentally, unexpectedly and not through the fault of the carrier and his employees. Since the natural phenomenon arose unexpectedly, the carrier cannot prevent its harmful effects and is therefore forced to change the time or route of passenger transportation. Phenomena of a natural nature that forced the carrier to change the contract may occur not only during the transportation itself, but also before the start of the flight or after landing is announced.
Unfavorable sanitary and epidemiological conditions are understood as the outbreak of epidemics of infectious diseases that are dangerous for passengers and crew members of a ship used for transportation. For security reasons, the carrier is forced to change the point of departure, destination or the announced route of the vessel.
Changes in time, route, embarkation and disembarkation points, naturally, do not correspond to the passenger’s plans, therefore the latter, not agreeing with the change in the conditions of transportation, may refuse the contract of carriage by sea. The amount of the amount returned to the passenger depends on when the passenger’s refusal from the contract was received, and is established according to the rules of Art. 183 KTM.
If the carrier is forced to change the conditions of transportation after the ship departs from the point of departure, the passenger also has the right to refuse the contract and at the same time demand that he be delivered to the point of departure at the expense of the carrier or reimburse him for the actual expenses incurred upon returning to the point of departure.
2. LIABILITY FOR VIOLATION OF OBLIGATIONS FOR TRANSPORTATION OF PASSENGERS AND BAGGAGE BY MARINE TRANSPORT
2.1. Responsibility and limits of liability of the carrier
The responsibility of the carrier is determined by Article 186 of the Code of Labor Code of the Russian Federation. The carrier is responsible for the death of the passenger and damage to his health, as well as for the loss of the passenger's luggage or damage to his luggage, if the incident resulting in damage to the passenger occurred during the transportation of the passenger and his luggage through the fault of the carrier, his employees or agents acting in within the limits of their duties (powers).
Loss of or damage to a passenger's baggage includes damage caused by the failure of the baggage to be released to the passenger within a reasonable time after the arrival of the ship on which the baggage was or was intended to be transported. The burden of proving that the incident resulting in damage to the passenger occurred during the transportation of the passenger and his luggage, as well as the amount of damage caused, rests with the plaintiff.
The guilt of the carrier, his employees or agents acting within the limits of their duties (authorities) is assumed, unless otherwise proven, in cases where the death of a passenger or damage to his health or loss or damage to cabin luggage occurred as a result of a shipwreck, collision, landing of a ship on stranding, explosion or fire on a vessel or defects of a vessel or in connection with a shipwreck, collision, grounding of a vessel, explosion or fire on a vessel or defects of a vessel. With regard to the loss or damage of other baggage that is not cabin baggage, the guilt of these persons is assumed, unless otherwise proven, regardless of the nature of the incident that caused the loss or damage to such baggage. In other cases, the burden of proving guilt lies with the plaintiff.
Please note that the rules listed above apply:
a) when transporting passengers overseas, unless the carrier and passenger are organizations or citizens of the Russian Federation;
b) when transporting baggage overseas, regardless of whether the passenger and the carrier are organizations or citizens of the Russian Federation.
The basic rule on the carrier's liability for the death of a passenger and damage to his health, as well as for loss or damage to luggage corresponds to Art. 3 of the Athens Convention.
The guilt of the carrier, his employees or agents acting within the limits of their duties (authorities) is assumed, unless otherwise proven, in cases where the death of a passenger or damage to his health occurred as a result of a shipwreck, collision, grounding of a ship, explosion or fire on the vessel or the defects of the vessel. In this case, the carrier must prove the absence of his guilt. This article distributes the burden of proof between the participants in the process in some detail. By general rule the plaintiff proves the circumstances to which he refers, in particular, he must prove the amount of damage caused to him and that the damage was caused during transportation.
When deciding on compensation for loss or damage to luggage, it matters in whose possession and under whose supervision the luggage was. The carrier's guilt for the death and damage to cabin luggage is assumed when there were circumstances (shipwreck, collision, grounding of the ship, explosion, fire on the ship, deficiencies associated with the unseaworthiness of the ship itself) of an extreme nature, in which the passenger should have thought before just about your own safety, and not about the safety of your cabin luggage. In addition, it is natural to assume that the situation that has arisen, which goes beyond the scope of ordinary navigation, arose due to omissions of the carrier and his crew. The carrier himself must prove the contrary.
If the baggage was handed over by the passenger to the carrier for transportation on the same ship and was in that sense in the possession and control of the carrier and was lost or damaged, the guilt of the carrier, its employees or agents is presumed regardless of the nature of the incident. In this case, the carrier must prove the absence of guilt.
In other cases of damage or loss of passengers' property, the plaintiff must prove the carrier's guilt.
If the carriage of a passenger or part thereof is entrusted to the actual carrier, the carrier nevertheless bears responsibility in accordance with the rules established by this chapter for the entire carriage of the passenger. In this case, the actual carrier bears the responsibilities and has the rights provided for by the rules established by this chapter in relation to the part of the passenger transportation carried out by him.
Any agreement that the actual carrier assumes responsibilities not imposed by the rules established by this chapter, or waives the rights granted by such rules, is effective against the actual carrier only if he consents to it in writing. If the carrier and the actual carrier are liable, their liability is joint and several.
The actual carrier does not have a contractual relationship with the passenger, therefore, the original carrier, listed as such on the ticket (voucher), remains responsible for the proper fulfillment of contractual obligations. The original (contractual with the passenger) carrier has a legal relationship with the actual carrier, which, by assigning the responsibility for transportation to the former, actually replaces itself with it.
In relation to the carriage of a passenger carried out by the actual carrier, the carrier is responsible for the actions or inactions of the actual carrier, its employees or agents acting within the scope of their duties (authorities).
In case of joint damage to a passenger, the carrier and the actual carrier are jointly and severally liable to the passenger. The passenger, at his own discretion, has the right to present his claims in full to either of them or to both of them.
The carrier's liability for harm caused to the life or health of a passenger must not exceed 175 thousand units of account for the carriage as a whole. If damage is compensated in the form of periodic payments, the corresponding total amount of such payments must not exceed the specified limit of the carrier's liability.
The carrier's liability for loss or damage to cabin luggage should not exceed 1.8 thousand units of account per passenger for the carriage as a whole.
The carrier's liability for loss or damage to the vehicle, including luggage transported in or on it, shall not exceed 10 thousand units of account per vehicle for the transportation as a whole.
The carrier and the passenger may enter into an agreement to assign liability to the carrier less a deductible not exceeding units of account in the event of damage to the vehicle and not exceeding 135 units of account per passenger in the event of loss or damage to other baggage. In this case, these amounts must be deducted from the amount of damage caused to the passenger as a result of loss or damage to the car or other luggage. Interest accrued on the amount of damages and legal costs are not included in the limits of liability.
The above provisions are general character and establishes a limit of liability for damage caused personally to the passenger and his luggage. Their use is intended for transportation abroad, when both the carrier and the passenger are not organizations or citizens of the Russian Federation. If cabotage transportation or transportation in foreign traffic is carried out, but its participants (carrier and passenger) are organizations or citizens of the Russian Federation, the carrier’s liability for harm caused to the life and health of the passenger is determined in accordance with the rules of civil legislation of Russia.
This principle was observed when the Russian Federation acceded to the 1996 Protocol amending the Convention on the Limitation of Liability for Maritime Claims of 1976. Russia acceded to the 1996 Protocol with the following statements: “... the Russian Federation... will apply to claims for compensation harm caused to the life or health of a ship passenger, the legislation of the Russian Federation on compensation for harm caused to the life or health of a citizen, in full, if the shipowner and passenger are organizations or citizens of the Russian Federation.” As for the limitation of liability for loss or damage to baggage, it does not apply only when transported by cabotage.
The carrier and the passenger may, by agreement in writing, establish higher limits of liability than those provided for in Article 191 of the MCC.
The right to apply the limit of liability is enjoyed by:
1. actual carrier;
2. an employee or agent of the carrier who acted within the limits of his duties (authorities);
3. an employee or agent of the actual carrier who acted within the scope of his duties (authorities).
The limits of liability are applied in the aggregate of the amounts subject to compensation for all claims arising in connection with the death of one passenger or damage to the health of one passenger or loss or damage to his luggage. This means that no matter who is presented with claims for compensation for damage caused, the amount of compensation should not exceed the amount of damage caused (i.e., the principle of full compensation for damage applies), but at the same time, both one-time and periodic payments for damage, caused to the life or health of a passenger must not exceed 175 thousand units of account in relation to transportation as a whole. The calculation is carried out per passenger. In case of loss or damage to luggage, the calculation is carried out taking into account the luggage of one passenger.
The limit of liability applies to the carriage as a whole. This means that when satisfying the passenger's claims against the carrier and the actual carrier, their employees and (or) agents, the total amount of liability of all defendants (co-defendants) should not exceed the liability limit established for this claim. An employee or agent of the carrier (actual carrier) can take advantage of the established limit of liability only if damage to the passenger or his luggage is caused by them in the course of performing the duties (powers) assigned to them.
The guilt of the carrier, his employee and agent is a necessary condition for their liability for harm caused to the passenger and his baggage. For the death of a passenger or harm to his health, liability is possible without guilt if the harm is caused by activities that create an increased danger for others. The form of guilt of the carrier, his employee and agent does not affect the emergence of the obligation to compensate for the damage caused. However, the amount of compensation directly depends on the form of guilt of the harm-doer and the victim himself.
If it is proven that harm was caused to the passenger as a result of the carrier’s own actions or inaction, committed intentionally or due to gross negligence, none of the named causers can refer to the limits of liability established by Article 190 of the Code of Labor Code regarding their own actions or inaction, committed intentionally or due to gross negligence. .
2.2.Peculiarities of liability for loss and damage to valuables
The carrier is not responsible for loss or damage to money, securities, gold, silver, jewelry, ornaments, works of art or other valuables, unless such valuables have been deposited with the carrier, who has agreed to keep them intact. For valuables deposited, the carrier is liable no more than the limit provided for in paragraph 4 of Article 190 of the Code of Labor Code, unless a higher limit of liability is agreed upon in accordance with Article 191.
The conditions of the carrier's liability for loss or damage to valuables comply with Article 5 of the Athens Convention. If an agreement on storage of valuables has not been concluded with the carrier or a service organized by him and the passenger’s belongings in the form of money, securities, jewelry, etc. are in the cabin, the carrier is subject to the general rules of liability for cabin luggage.
The carrier is liable to the passenger for losses caused by loss or damage to valuables, according to the rules of general civil liability provided for, that is, for guilt, if there are no grounds for recognizing him as a professional custodian. He can be recognized as a professional if the storage activity is his entrepreneurial activity, that is, systematic, independent and aimed at making a profit.
The extent of the bailee-carrier's liability varies depending on whether the storage is for a fee or gratuitously. In the case of paid storage, the custodian is liable for losses caused in full, unless otherwise provided by the contract. In case of gratuitous storage, the liability of the bailee-carrier, who carries out storage as a service additional to the contract of carriage, is limited to the actual damage to the depositor-passenger. The carrier is liable no more than the limit established by the Athens Convention, i.e. 2.7 thousand units of account per passenger for the carriage as a whole.
Intention or gross negligence of a passenger is provided for in Article 189 of the Code of Labor Code of the Russian Federation. If the carrier proves that the intent or gross negligence of the passenger caused the death of the passenger or damage to his health, or contributed to the death of the passenger or damage to his health, or contributed to the loss of the passenger’s luggage or damage to his luggage, the carrier may be released from liability in whole or in part. . In general, this article corresponds to the general civil norm contained in Article 1083 of the Civil Code, which states that harm resulting from the intent of the victim is not subject to compensation.
In case of gross negligence, when a passenger violates the usual requirements, obvious to everyone, necessary for his safety, the principle of mixed guilt is applied, when the amount of damage compensated by the carrier to the passenger can be reduced.
Simple negligence of a passenger, in which certain increased requirements are not met, is not taken into account when determining the amount of compensation. When distinguishing between simple and gross negligence of a passenger, not only the behavior of the person is taken into account, but also the degree to which he foresaw the consequences of the violation. Anticipating the consequences in the form of the inevitability of harm and frivolously expecting to avoid them, the passenger may be recognized as having acted rudely, carelessly, and in this case the amount of damage compensated to him may also be reduced. The question of whether the passenger committed simple or gross negligence, which led to harm, must be decided in each specific case, taking into account the actual circumstances of the case (the nature of the victim’s behavior, the situation in which the harm was caused, individual characteristics victim; in relation to lost or damaged luggage, the actions and omissions of the passenger related to improper packaging of luggage, incorrect or incomplete information about the properties of the property being transported, etc. should be taken into account).
The presence of gross negligence can have two consequences. If the gross negligence of the passenger contributed to the occurrence of harm or increased its size, but the carrier was at fault, the court is obliged to apply the principle of mixed fault. If the passenger’s gross negligence was committed in the absence of the carrier’s fault, but the carrier, as the owner of the source of increased danger, is liable without fault, the amount of compensation is reduced. In cases of harm to the life and health of a passenger, a complete refusal of compensation is not allowed, even if there is gross negligence of the victim himself.
The presence of a cause-and-effect relationship between the unlawful behavior of the passenger and the resulting harm, in the absence of the carrier’s fault for the loss or damage to luggage, may lead to the release of the carrier from liability for unsafe delivery of luggage. There is no presumption of passenger guilt. The carrier has the burden of proving that the intent or gross negligence of the passenger contributed to the loss or damage to the passenger's luggage. The above rules may cause certain difficulties in practice. The fact is that Article 6 of the Athens Convention, to which Russia is a party, does not deal with intent or gross negligence, but simply with the fault of the passenger. When transporting a passenger in foreign traffic (if he is not a citizen of the Russian Federation), the Russian carrier may insist on the application not of Article 189 of the KTM, but of Article 6 of the Athens Convention. Moreover, in the event of damage or loss of a passenger's luggage during transportation abroad, the carrier may insist on the application of the Athens Convention, even if the passenger is a citizen of the Russian Federation.
CONCLUSION
In conclusion, the following conclusions must be drawn:
Due to the fact that Chapter 9 of the Merchant Shipping Code is called “Agreement for the carriage of passengers by sea”, it seems necessary to supplement the title of this chapter, namely as “Agreement for the carriage of passengers and luggage by sea”, since this chapter deals not only with the passenger, but also about his luggage.
Article 180 of the Merchant Shipping Code includes the concept of “cabin luggage”. In my opinion, this article contains a certain tautology, namely in comparison with the concept of “baggage”. The point is that cabin luggage is luggage. In this regard, it seems necessary to combine these two concepts into a single definition.
Currently, the transportation of passengers is carried out according to the rules developed by the carrier, and the passenger only joins them, that is, the “contract for the carriage of passengers by sea” is an agreement of adhesion.
As you know, liability is assumed for both parties to the contract, but Chapter 9 of the Merchant Shipping Code determines only the liability of the carrier. Based on this, one might think that there is no responsibility for the passenger. Such responsibility is based on the principles of guilt. In this regard, I propose to introduce an additional article in Chapter 9 defining the liability of the passenger as a person who has violated the terms of the contract and the rules of transportation.
In various areas of transportation by various modes of transport, the concept of “hand luggage” is used - the passenger’s belongings that the passenger carries with him in the vehicle and the safety of which during transportation is ensured by the passenger.
For example, in railway and air transport this concept is called hand luggage, and in the Merchant Shipping Code the legislator used a different wording of this concept, namely “cabin luggage”. For ease of use, I propose to introduce a single concept of hand luggage for all types of transport.
BIBLIOGRAPHICAL LIST
1. Athens Convention concerning the Carriage of Passengers and Their Luggage by Sea of 13.12. 1974 - Article 28
2. Brussels Convention on the Unification of Certain Rules Concerning the Immunity of State Merchant Ships // Journal of Russian Law. - 2008. - No. 3.
3. International Convention for the Unification of Certain Rules on Bills of Lading dated August 24, 1924
4. UN Convention on the Carriage of Goods by Sea, 1978. Shemyakin O.M. Legal regulation of maritime transportation of goods and passengers.
5. International rules for the interpretation of trade terms Incoterms 2000. // Information and legal system “Consultant Plus”.
6. Civil Code of the Russian Federation. Part two [Text]: Federal Law of January 26, 1996 No. 14-FZ: as amended. from 06.12.2007 // Collection of legislation of the Russian Federation (SZ RF), 01.29.1996. - No. 5. - Art. 410.
7. Code of the Russian Federation on Administrative Offenses [Text]: Federal Law of December 30, 2001 No. 195-FZ: as amended. dated 12/30/2008//NW RF, 01/07/2002.-No.1.-Article 1.
8. Merchant Shipping Code of the Russian Federation [Text]: Federal Law of April 30, 1999 No. 81-FZ: as amended. from 06.12.2007 // Collection of legislation of the Russian Federation, 03.05.1999. - No. 18. - Art. 2207.
9. On the protection of consumer rights: law [Text]: law of the Russian Federation of 02/07/1992 No. 2300-1 // Collection of legislation of the Russian Federation, 01/15/1996. No. 3. Art. 140.
10. On compulsory personal insurance of passengers: [Text]: Decree of the President of the Russian Federation of July 7, 1992 No. 750 // Collection of Legislation of the Russian Federation, 1992. - No. 2. - Art. 35.
11. Regulations on licensing the carriage of passengers by sea [Text]: Decree of the Government of the Russian Federation dated 13.08. 2006 N 490 // Collection of legislation of the Russian Federation, 2006. - No. 34. – art. 3679.
12. Regulations on federal service on supervision in the field of transport [Text]: Decree of the Government of the Russian Federation of July 30. 2004 N 398 // Collection of legislation of the Russian Federation, 2004. No. 32. - Art. 3345.
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21. International transport and customs law of Russia: textbook / E. O. Salminen, A. A. Borozna, Yu. K. Ikaeva, T. P. Ikaeva. - St. Petersburg. : PROFIX, 2007. - 160 p.
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International transport and customs law of Russia: textbook / E. O. Salminen, A. A. Borozna, Yu. K. Ikaeva, T. P. Ikaeva. - St. Petersburg. : PROFIX, 2007. – P.85.
Civil Code of the Russian Federation. Part two [electronic resource]: Federal Law of November 30, 1994 No. 51-FZ: as amended. dated 02/09/2009 // SPS “Consultant Plus”.
International transport and customs law of Russia: textbook / E. O. Salminen, A. A. Borozna, Yu. K. Ikaeva, T. P. Ikaeva. - St. Petersburg. : PROFIX, 2007. – P.84.
II. "Black Mark" reaches the transatlantic line.
The Black Ball Line is the first North American transatlantic shipping line to operate scheduled passenger flights as a service. The company was founded in New York in 1817 by a group of merchants led by Jeremiah Thompson and existed for about 60 years. For its transatlantic business, the Black Ball Line used only sailing ships - first cargo two-masted packet ships, and from 1843 it gradually began to switch to three-masted ones. After Napoleonic Wars, in America they realized that there was no need to transport cargo and passengers on ships armed with cannons, because without weapons they could transport more cargo and mail. From an economic point of view, when cargo ships in search of cargo could not sail on schedule, declaring the ship as a cargo-mail-passenger ship made sense. This is how sailing ships appeared with rooms for cargo, with cabins and cockpits for passengers. Naturally, no one has thought about comfort yet. In those days, the ship was loaded by hand, so the passenger spaces could be used for cargo or mail if there were few passengers. Conversely, it was possible to take more emigrant passengers into the cargo rooms. It should be noted that the first package sailboats had a false line on their sides white, on which black rectangles or squares were drawn, which from a distance gave the appearance of a warship with cannon ports. It was a kind of insurance. Over time, this “disguise” disappeared. The relative high speed of sailing ships in suitable weather facilitated navigation on schedule. That is why it was package sailing ships that contributed to the development of shipbuilding of fast ships.
But let's return to the Black Ball Line. This shipping company was the first to offer regular transatlantic passenger flights from the USA to England, while taking care of the comfort of passengers. Her ships could be identified by their “label” - a large black circle in the center of the topsail (the sail on the front mast).
Before 1817, transport of goods and passengers across the Atlantic was not always regular. The ships managed to set sail at completely unpredictable times. If a ship was only half loaded, it could remain in the harbor for a week or two waiting for more cargo. Not only did it cost shippers money, but passengers also had to be ready to leave at a moment's notice. Ships departing from Liverpool for America for their main cargo (timber, tobacco, cotton) occasionally took on board unpretentious emigrants who were perceived as temporary ballast. Initially, passenger seats were outlined with chalk on the deck - for each adult there was a rectangle measuring 0.8 x 2 meters. Then temporary partitions began to be erected in the hold.
Everything changed in October 1817, when the Black Ball Line decided to create a policy of scheduled services. The company became known for textile importer Benjamin Marshall's revolutionary idea of prompt, reliable service on sailing ships that departed and arrived on schedule, regardless of whether they were busy or not. The original plan explained that the ship would leave New York on the 5th of each month and the ship would leave Liverpool on the 1st of each month. So the company began scheduled voyages from the new New York pier in 1817 with the package sailing ship James Monroe, and the entire line initially consisted of four liners: Amity, Courier, Pacific and James Monroe.
By 1824, New York already boasted dozens of package services to several European ports and every significant American port. New York, absolutely dominating American foreign trade, was far ahead of its rivals Boston, Baltimore and Philadelphia. The packet service was so effective that the British abandoned their Canadian mail packets, sending mail via coastal packets to New York. This continuous competition of speed helped lead naval architecture to the development of faster and larger vessels—the clipper ships.
Businessmen, sensing the prospects and huge profits of regular sea transportation, began to actively invest in the development of this industry. New companies appeared, then larger ones absorbed smaller ones, forming powerful transport trusts, whose liners sailed on the most popular routes. By the 1850-60s, real competition had developed on transatlantic lines between the largest shipping companies, such as the American Gain Line, Black Star Line, Black Ball Line and Tapscott Line and the British Cunard, Inman Line " This state of affairs forced shipowners to improve the equipment of ships and increase their speed. In the second half of the 19th century, all this led to an unprecedented development of shipbuilding, which embodied the best achievements of science and technology of that time.
By 1840, all ships crossing the Atlantic were equipped with accommodation for three categories of passengers - about 10 cabins for first class passengers and 20 for second class, and a hold for deck passengers (future third class). This is how we smoothly move on to the description of the ship life of the first emigrants and travelers of a higher class. Believe me, there is something to be surprised here.
III. Deck passengers. Conditions and life on the “coffin ships”.
All sources writing about life on board passenger liners colorfully describe and glorify the life of rich passengers, and almost never talk about the everyday life of third class. The big picture The lives of emigrants at sea can only be depicted through the memoirs of the settlers themselves, advertising brochures or scant articles in newspapers. But before we begin to describe the conditions for transporting emigrants, let’s understand the terminology. At one time, the British Ministry of Trade divided passengers into two categories: “cabin” and “deck”. The concept of “third class” did not exist in the rules at all. "Cabin passengers" were adults who were entitled to 36 square feet of space in their sleeping quarters and whose ticket cost at least £25. An “adult” was defined as a person over 12 years old or two children between 1 and 12 years old. All others who did not meet these criteria were considered deck passengers - people traveling in large common spaces (holds).
The concept of "third class" appeared at the turn of the century, when companies decided to enclose groups of berths with partitions, creating small cabins for 4-10 people. Such an innovation significantly raised the dignity of people, equating them to “cabin passengers,” because they no longer just lived on deck, but had their own apartments, sometimes not inferior in comfort to second class on the same ship. The difference was that third class was more crowded and the food was cheaper. But all this was preceded by decades of intolerable conditions, fear, humiliation and death.
At the beginning of the 19th century, emigrants were housed in large multi-person cubicles, built on the site of former holds in the stern of the ship, without any partitions, where many compared the living conditions to how cattle were kept and transported. The average number of such travelers varied from 800 to 1000 people. It was common for captains to take passengers on board and not be responsible for their comfort and well-being. They simply provided shipping agents with free space on the ship. Those same people packed them to capacity, regardless of age, gender or health status. For example, in 1828, there was so little space on a ship sailing from Scotland that six families lived in a boat on deck during the many weeks of the voyage. Passengers were completely at the mercy of the officers and crew, and mistreatment was the rule rather than the exception.
The emigrants had at their disposal two- or three-tier wooden bunks located along the sides and in the center of the ship. Each could accommodate from 3 to 6 people. Such bunks were affectionately called “family” bunks. The best places, according to reviews, were amidships (center) of the ship, because... There was less of a roll here. The shipowners took little care of comfort by placing mattresses stuffed with straw on the bunks, but the emigrants had to take with them pillows, blankets or animal skins and other bedding they needed. The number of beds did not always match the number of passengers, so many found a place for themselves right on the floor, sprinkled with wood shavings. No furniture was provided; the table was replaced by a barrel, the chair by a personal suitcase or bucket. When weather permitted, passengers typically huddled on the upper deck to combat boredom, playing cards or dancing. Some of them took up cleaning decks or doing laundry. Women were usually busy with cooking, sewing or knitting, and also looked after children and cared for the sick. So, for almost a month, people were crowded in a semi-dark and stuffy room, often the only source of light and fresh air for whom was the open cargo hatch.
The daily life of passengers on an emigrant ship consisted of various procedures and duties. Transporting such a number of people required the development and strict adherence to rules. The rules were posted on the walls of the ship's interior. They indicated exactly what was allowed and what was not. Some captains were strict, while others cared little about what the passengers were doing. Although all types of games and entertainment were allowed, there were some that were prohibited. Below is an excerpt from the set of rules for passengers:
1. The fire in the stove will be lit daily at 6 o'clock in the morning and passengers who are not sick or have no other valid reason must be out of bed at seven o'clock in the morning.
2. The fire is extinguished at eight o'clock in the evening. Therefore, passengers must go to bed no later than ten o’clock in the evening.
3. Decks in accommodation areas are swept daily before breakfast and garbage thrown overboard. The deck is scrubbed every week.
4. Every morning a team on duty is assigned to clean the premises. An appropriate number of men are selected daily for this task. This team also ensures that passengers are hygienic and that all other regulations are followed.
5. All lit lamps must be extinguished at ten o'clock in the evening.
6. Smoking and lighting open fires are strictly prohibited in the hold.
7. All kitchen utensils must be kept clean.
8. Washing clothes in holds is prohibited. If the weather is good, the captain appoints a day for general washing.
9. Once or twice a week it is necessary to take out bed linen for airing.
10. Passengers bringing alcohol or other alcoholic beverages on board must hand it over to the captain for safekeeping. If necessary, they can receive a reasonable daily portion. Carrying gunpowder, pistols or bladed weapons is prohibited. Everything must be deposited in the captain's safe. They will be returned to passengers at the end of the trip.
11. Cards or dice are not allowed on board as they can easily lead to quarrels and disagreements. Passengers must treat each other with courtesy and respect.
12. Seafarers are not allowed into the passenger quarters unless they are carrying out their work or assignment. Passengers are also not allowed into the working areas of the ship, the helmsman, officers’ and captain’s cabins, as well as the places of stay of passengers of other classes. Hammering nails or drilling holes is not allowed, because... this may cause damage to the boat's hull.
13. Passengers, whenever possible, should take care of personal hygiene and wear clean clothing.
14. All types of games and entertainment are permitted and recommended as a contribution to the maintenance of good health during a long journey.
15. Passengers are prohibited from talking or distracting the helmsman.
16. All orders of the captain are mandatory.
Throughout the long flight, the issue of personal hygiene was acute. It may seem that the reason was a lack of water, and one can agree with this, but still a big role was played by the fact that the overwhelming number of emigrants simply never observed it at home. On some ships, the captain voluntarily and compulsorily asked passengers to go on deck and clean themselves up and wash their things. Rainwater was collected for washing.
For a large number of people to be comfortable in a confined space, good ventilation is necessary. But all that passengers could initially hope for was an open cargo hatch and small ventilation holes. But in bad weather these openings must be closed to prevent water from entering the bilge. Also, for safety reasons, all oil lamps must be extinguished during a storm. The pitch darkness contributed to the development of seasickness. All the cockpits were filled with vomit or worse. One can only imagine how those who did not suffer from this disease suffered from the unbearable smell. There were no toilets in our current understanding at all, at best a bucket behind a screen for women and children, because for obvious reasons they could not do all their “businesses” overboard like men, and, given the number of passengers, there was always a queue at the toilet . Over time, two toilets were installed, on different sides of the living deck. Officially one for men, the other for women and children, but most of the men continued to use the latrine on the upper deck as usual. The unpleasant smell was so strong that the crew did not want to go down to the passenger compartments. Every day, the captain's assistant cleared the air by going into the cockpits with a red-hot iron rod and periodically dipping it into a bucket of tar. The smoke from the boiling resin helped to drown out the stench, but such a “treatment” only helped for a few hours. On other ships the air could be purified with vapors of chlorine and vinegar.
The accumulation of people in one dark, damp, poorly ventilated room contributed to the rapid spread of infections of various etiologies, including fatal ones. The most common were: lice, cholera, typhoid fever, measles, chicken pox and dysentery. For example, in 1861, an epidemic of typhoid fever broke out on board the emigrant ship Amelia. 49 of the 280 passengers died and 170 were disembarked and quarantined on Grosse Ile Island near Quebec, Canada. Even here, under the supervision of doctors, another 31 people died. That same year, 21 passengers died due to fever on the Maple Leaf, 19 of them children. A case is described in which a family of emigrants lost four children from pneumonia over the course of a week. Unfortunately, such incidents were not isolated. Most of the sick and dead are elderly people and children. The dead were wrapped in cloth or simply placed in coffins built by a ship's carpenter and buried at sea. Due to the high mortality rate, there were cases of shortage of wood for coffins, and it happened that two people were placed in one coffin, with their feet in opposite directions. If there was no priest on board, the captain could hold a funeral service before the burial. It was precisely because of the high mortality rate that ships with emigrants were called “coffin ships.” In 1847, a member of the New York Academy of Medicine boarded the ship Ceylon from Liverpool. He learned that many of the passengers had died on the voyage and 150 were sick with typhus. “We went downstairs. It was very dirty, there were broken dishes and garbage all around. On the bunks lay emaciated, half-naked people, many with rashes on their faces. Squatting along the sides were patients who could not even get up and walk to the exit,” he recalls. “Some of them, mostly sick elderly people, never got out of their beds all the way from Liverpool, lying in the dirt and their own excrement.” .
According to the chairman of the New York Emigration Service, Friedrich Kapp, on average, a third of the passengers died before reaching the ground. During the Irish famine, mortality at sea was very high. According to him, in 1846, of the 98,105 Irish emigrants who went to the United States, 20,365 died at sea, and the following year the mortality rate among those who boarded was 71 percent. In 1880, at a conference of the American Public Health Association, a report was read, “Hygiene on Emigrant Ships,” which described in some detail the problems of sea settlers, using the example of one Red Star Line ship sailing between Antwerp and New York. The commission focused on the fact that no medical check was carried out on the crew, and the loading of 450 passengers with luggage took only 10 minutes. Officers and crew members literally kicked people to get them going. The premises for emigrants were dirty, and high humidity contributed to the active reproduction of colonies of mites and mold. Accommodation was so inadequate that some passengers were forced to sleep on deck, due to the fact that many of the wooden bunks were not bolted to the floor and broke against the bulkheads in the first storm. The immorality and indifference on the part of the crew was simply amazing. Only two gallons of water were allocated for more than four hundred people per day. To illuminate the cockpits there are three oil lamps. The captain and senior officers were Germans; they did not respond to the requests and comments of English-speaking passengers, pretending that they did not understand them, and even allowed themselves to pester women. There were many more violations that, it seemed, should no longer exist by 1880. Brutal treatment and unsanitary conditions prevailed on some ships until the early 20th century.
The transatlantic crossing was particularly difficult for infants and young children. Many women gave birth during the voyage, although this is quite dangerous for both mother and child due to the spartan conditions of the stay. Very often, newborns were named after the ship on which they were born. But there have been cases where women or babies died during childbirth or immediately after it. Norwegian emigrant Anna Delius witnessed the death of a newborn boy. She remembered this funeral for the rest of her life. This is how she describes the event:
“...The ship's carpenter knocked down a small coffin and filled it with sand, then drilled holes in the sides to speed up its flooding. But it didn't help. The small box sank very slowly, and we watched it for a long time with pain in our hearts...”
Passengers had to worry about food during the transition on their own. There was no organized catering, much less a canteen for emigrants on board sailing ships. The most popular dishes were porridge (they were allowed to be boiled), rice, potatoes, crackers, dried lamb, pickles and dried fruits. It was customary to take with you sour milk, cheese and beer in kegs. It was not allowed to store food in the cubicles. Firstly, this attracted rats to the living quarters, and secondly, during a storm, water could flood the cabins through the cargo hatches, and food in wet bags would quickly spoil. Barrels and kegs could injure passengers during a storm, so they were tied down or lowered into the cargo hold. According to the rules, passengers' luggage was loaded at the port first, then trade cargo. And sometimes it turned out that getting to your supplies was quite problematic or completely impossible, because... the latter were overwhelmed with cargo. Emigrants were also advised to take with them buckets for drinking water, pots, mugs, and cutlery.
Food on a ship of that time is the key to survival. So that each family could prepare food, an improvised kitchen was built on the upper deck. Boxes with sand were placed under the awning, pots or kettles were placed on metal tripods, and brushwood was lit on the sand under them. To prepare food, you had to line up in advance. Every morning, women stood in line to boil a kettle or cook porridge for their child, because finding a vacant position was not easy. The absence of a chimney as such created inconvenience for women, because... the smoke accumulated under the canopy and caused bouts of coughing and watery eyes. Therefore, periodically they went out to get some fresh air, and then returned to cooking again. Naturally, there were quarrels, because while one of the women was “breathing air,” the other could come in and try to take her place, pick up brushwood or water, which, by the way, were paid. Their price was included in the ticket price. But that wasn't the only problem. The storm, which could last for several days, left people without hot food and drink, forcing them to switch to dry rations. The emigrants were completely dependent on the wind and bad weather. If the weather was bad, the journey could take much longer. longer time than expected. There were several cases where food and water supplies ran out before the ship reached port. If they were lucky, they could meet with another ship that could sell them some provisions, but the prices were very high.
In the mid-nineteenth century, the horrors of famine in Ireland and the high mortality rate during emigration forced the British Parliament to carry out reforms and revise the rules of passenger transportation. For example, Acts No. 12 and 13 of 1842 established standards in the field of service and medicine, and also prescribed separate cabins and rest areas for emigrants, separate warehouse(s) for provisions and much more. The captain was now required to provide three liters of water per day to each passenger and every week two and a half pounds of bread or biscuits, a pound of wheat flour, five pounds of oatmeal, two pounds of rice, two ounces of tea, half a pound of sugar, and half a pound of molasses. Potatoes may be substituted for rice or oatmeal at the rate of five pounds per meal. The quality of food and medical supplies, as well as the health of the crew, had to be officially checked before departure. The deck on which the emigrants were accommodated should not be below the waterline and be less than six feet in height. These acts were amended in 1852, 1855, 1863, and no doubt caused some improvements, but were often not particularly observed by the captains. But the main thing that was achieved was a sharp reduction in mortality on ships. By 1867, only eleven percent died from one cause or another on clipper ships and only one percent on steamships. Over the next five years, these numbers fell by another fifty percent.
With the arrival of steamships on ocean lines, conditions for emigrants improved slightly. By the end of the 1860s, on most liners crossing the Atlantic, emigrants had furniture in their cabins. Now the ticket price includes three meals a day. The menu is sparse and usually consisted of porridge, beef or pork, soup, fish and potatoes. As before, passengers must provide themselves with a mattress, bed linen, mug, knife, fork, spoon. But now all this could be purchased at the pier for 15 shillings or 50 cents. In 1872, the new White Star Line ships Adriatic and Celtic entered service. According to the advertising brochure, you can find out that third class passengers were located on the same decks as the classes above, and not deep in the holds. Previously, to get into third class, you had to climb down a very steep ladder through the cargo hatch. On new liners, passengers boarded through their own lap port. The cockpits now have portholes, lights and steam heating. If during the voyage someone feels unwell, the ship's doctor or nurse will come to the rescue. Infectious diseases units were set up, where patients were isolated from other passengers. But before getting on board, emigrants began to undergo a medical examination. On the day of departure, the ship's doctor and the assistants entrusted to him, appointed by the emigration service at the entrance portals, examined everyone except the “cabin” passengers. This was necessary so that a sick person would not get on the ship, because... he could infect the rest of the passengers and crew. In addition, the American side did not accept sick people, and shipping companies had to return them back at their own expense. First, the scalp was examined for the presence of pediculosis, the skin for scabies, then the oral cavity. What doctors paid close attention to was the manifestation of various infectious diseases, in particular tuberculosis. Trachoma, a chronic infectious eye disease leading to blindness, was considered another dangerous disease. If, after examination, the passenger was considered visually healthy, he was given a medical certificate, which was attached to the ticket.
What was new was that the emigrants were now divided into three groups, which were housed in various parts vessel. The bow section was given to men, in the stern there were women traveling alone. The middle part of the ship is reserved for married couples and families with children. For the first time, a large dining room appears, where passengers were already fed at long tables.
Linear transportation
Based on the presence of effective demand for passenger transportation, shipping companies organize regular flights sea passenger ships between ports in different sea basins.
Regular sea transportation is carried out:
Between ports located on the shores of the same continent, in cases where there are no land routes or those are ineffective. Norway is a country located along the Atlantic coast of Scandinavia. The mountainous terrain of the area, indented by deep skerries and fjords, makes the establishment of land communications difficult. Therefore, maritime means of communication have a significant weight in the overall structure of transportation. The situation is similar on the Northern Sea Route, there are no land transport routes, although there are no mountain ranges;
For communication between ports of territories separated by water spaces, in the absence of land (underground) communication routes and under conditions of the impossibility or irrationality of using air communications. This is common for island states, states, archipelagos, etc. Regular sea passenger ships are actively used in Greece, Turkey, Japan, Britain, Indonesia, the Caribbean, and the Mediterranean Sea. If these are transportation within one basin, for example the Baltic Sea, then they are often combined with freight and are actually equivalent to ferry services.
Linear transportation services are used by individual travelers, for example, those traveling with personal cars; persons traveling with a large amount of luggage (for example, for permanent residence); tourist groups are much less common. It should be taken into account that the cost of sea transportation, taking into account the duration of the transition and the total costs, turns out to be comparable, and often higher, than the cost of traveling by air. Due to the fact that the main goal is transportation and not recreation, these ships pay much less attention to the entertainment of the trip, although such programs may take place. The main liner transportation is carried out by five groups of shipping companies, called conferences: AtlanticPassengerSteamshipConference, Australia& NewZealandPassengerConference, BritishLinesPassengerConference, FarEastPassengerConference, SouthAmericanPassengerTrafficConference, SouthAfricaPassengerConferencee.
Liner shipping ships follow a seasonal schedule, tickets are booked and sold in advance. Currently, the majority of passenger and cargo flows on such routes are carried out by ferry.
Let us note another possible form sea travel for individual tourists. The number of sea freight transport is many times higher than passenger traffic. Any cargo ship can carry up to 12 passengers not included in the ship's role. This type of service is offered at any port and is convenient for a certain category of travelers, for example, when there is no regular passenger service to the destination port. Of course, the comfort is significantly less and there is no entertainment, but the cost of transportation is adequately reduced.
Forms of cruise travel
The forms of cruise travel are varied. The most common ones are:
Tourist route along the coast with short excursions on the coast.
A combination of a cruise with a long trip inland using other means of transport.
A combination of a cruise with a partial stay ashore, that is, a trip on a cruise ship followed by a vacation on shore.
"Open jaw!" cruises to nowhere. Recently, “cruises to nowhere” - one- and two-day trips without an event to other ports - are gaining popularity in almost all regions. As a rule, such a ship leaves the base port at about six in the evening on Friday and returns on Sunday before evening. An example is the gambling business in Israel.
In general, for organizing cruise trips, the most common (more than 60%) is the classic European system, which involves a sea voyage with an event to different ports with an excursion program. However, the American system is also gaining more popularity, the main purpose of which is to provide cruise passengers with the opportunity to relax and sunbathe on the beaches at event points along the route.
Combined and “package” air cruises with the inclusion of the entire range of services in the cost of travel have become widespread. At the same time, the cruise company organizes charter flights as part of the overall trip, providing the tourist with its level of service from the airport.
Passenger lines are distinguished:
internal (sea coasting), connecting ports of one state;
international (foreign), connecting state ports with foreign ones;
local, carrying out transportation within a region, district, subject of the federation;
suburban - activities of the port passenger fleet.
The following flights are organized in Ukraine:
tourist ones that operate on special routes and schedules. They are designed for a long trip, during which tourists are provided with a certain range of services;
pleasure trips - lasting no more than 6 hours, without stops at ports and without the provision of excursions and leisure and entertainment services;
special, carried out on individual orders;
line transport, carrying out regular flights between individual ports to transport passengers according to established routes and schedules;
ferry, regular non-tourist flights between individual ports and piers without providing service.
The organization of sea and river travel and cruises is carried out by specialized tourist and excursion companies or bureaus.
Advantages and disadvantages of water tourist travel .
Water tourist travel has a number of inherent advantages:
most high level comfort;
a significant volume of one-time loading (up to 1000 people or more);
the ability to implement different types and purposes of tourism (educational, business tourism, educational tourism, shopping tourism, pilgrimage, etc.);
the opportunity to have a good rest;
full life support complex.
The disadvantage of water tourist travel is:
low speed of vehicles;
limited mobility;
"closed space" syndrome;
the tendency of some people to become “sea sick”;
in some cases, high tariffs, etc.
According to surveys of cruise tourists on different routes, their motivation for choosing a cruise vacation includes:
desire to relax on the water;
the desire to spend a vacation in a calm, measured and comfortable environment;
desire to see new cities, visit museums, monasteries, churches, etc.;
not have to worry about organizing leisure and entertainment;
reasonable price.
Segmentation of the market of consumers who go on river and sea cruises:
1.By income level of consumers
Taking into account the social stratification of society, participants in sea (in particular elite) cruises are people with high and ultra-high incomes.
River cruise participants are middle-income people who, in some cases, benefit from social subsidies.
2.According to social composition, the following people go on a cruise:
family (55%); with friends or acquaintances (27%); alone (l8%).
3. Age composition of cruise participants:
up to 25 years - 30%;
from 25 to 40 years - 22%;
over 40 years old - 48%.
The average age of sea cruise participants according to WTO statistics is 45 years
Tourists of different religions and beliefs can relax and undergo treatment on the ship. On the ship you can discuss the menu in accordance with the treatment program and discuss all the questions that the tourist has. Service staff welcomes all tourists, regardless of their religious and national characteristics.
The duration of cruises is 6 - 30 days, but the most popular are cruises lasting 10 -14 days.
Currently, water tourist travel is carried out on highly comfortable motor ships built at domestic and foreign shipyards and factories.
A river cruise is a unique tourist product, which is a water route, generally multi-day, on a river boat, on which the tourist is provided with a package of transportation, accommodation and meals, entertainment, land excursions and other tourist services. Consequently, the main place of stay for passengers during a cruise is the ship, and often it is the main attraction.
River travel can be classified as follows :
transportation of passengers and tourists on regular flights;
transportation of passengers and tourists on charter flights;
transportation of passengers and tourists on high-speed and express lines;
ferry crossings;
pleasure and excursion flights;
transportation by water transport of amateur tourists;
short and long cruises;
special cruises (congress cruises, business cruises, educational cruises, etc.);
use of floating facilities in the form of floating hotels, etc.
River travel and cruises can be short-term (1-3 days) or long-term (25-30 days). They are especially popular in countries that have powerful lake, river and canal systems.
We will allocate funds among passengers river transportation:
small fleet vessels (boats and yachts, flat-bottomed river vessels for shallow waters, nimble boats), the former are used for individual private transportation and tourism, the latter for transporting passengers on shallow rivers and bays, reservoirs;
vessels of regular passenger transportation lines on navigable rivers;
river cruise ships chartered on navigable rivers, lake systems and reservoirs;
excursion and pleasure boats on canals and rivers within cities and towns, in particular, regular ones as a means of urban communication (river trams);
special vessels with a transparent bottom for viewing underwater objects;
river ferry crossings.
For river passenger transportation, vessels with a steam engine, internal combustion engine or diesel-electric drive are used. There are wheeled vessels (two paddle wheels on the sides, usually in the center of the ship's hull or one behind the stern), vessels driven by a propeller, water-jet, and hovercraft. For regular high-speed river transportation of passengers, hydrofoil vessels of the "Raketa" type and large-capacity and highly seaworthy "Meteor" class are used. Sailing yachts and boats are considered separately different types and nimble boats with screw stationary and outboard motors, water-jet engines, air propellers, as well as special sailing vessels for moving on the smooth ice of freezing reservoirs - buers.
River transportation is usually carried out during the season on ice-free water, that is, the seasonality of transportation matters. This factor is very important, since most of the rivers and waters of the northern hemisphere freeze in winter and transportation is practically unfulfilled. Navigation on the rivers opens only after the ice has set in. To organize parking, embarkation and disembarkation of passengers and acceptance of cargo, river marinas with berths and landing stages of various types were equipped, on which organs for managing river transportation, technical support for transportation, refueling vessels with fresh water and food and fuel, repair and maintenance of vessels, a ticket office and a hall were installed waiting areas for passengers, restaurants and other food outlets, tour desks, shops, luggage compartments, rescue stations, navigation services and other elements of the infrastructure of this developed industry.
Depending on the destination, river ships have large deck spaces for passengers (indoor or open with seating, and for voyages lasting over 24 hours - also sleeping cabins for passengers of different classes and crew, showers). Almost all ships have common areas - restaurants, cafeterias, reading rooms, lounges, toilets, and various service areas.
Transportation along long water routes takes up to a month (or more); such ships were equipped with sleeping cabins and adapted for a long comfortable stay of passengers. For river cruise transportation, huge three- to four-deck comfortable ships with a capacity of 300-400 passengers are built. Antique ships are often restored and refurbished, equipped with luxurious salons and cabins, recreation and entertainment systems.
This tourism product has certain difficulties in conquering a wide market. The main one is the high price. But, however, this product is promoting very well in the European tourism market and the demand for it is growing from year to year. The main consumers of river cruises are the elderly, who give preference to coziness, comfort, full board, constant proximity to the banks, as well as interesting excursions to memorable places. The majority of river cruise clients are Americans, French, Germans, Swiss, and Dutch.
River cruises are varied in length, duration of routes, and themes. Typically, cruises are offered from 7 to 15 days. There are educational, sports, astronomical cruises, wine-making cruises, etc.
Motivation and goals of cruises.
Rest. A cruise is a water trip for the purpose of relaxation and pleasure. If we turn to the goals of tourism, apparently a cruise is the most appropriate way of travel that can bring pleasure to the vacationer. Calm, slow movement through water spaces, as opposed to the energetic and stressful ordinary life in modern society, relieves accumulated stress, and fresh air and regular nutrition contribute to the health of the body.
With proper and comfortable organization of accommodation, food and sufficient entertainment on board and excursion programs on shore during temporary stays, a cruise is one of the most sophisticated and rewarding types of travel.
When choosing a type of vacation, the image of travel of this type in a given society is important. In Russia, river cruises were extremely fashionable and elite in the 60-80s. XX century, and if a person from intellectual or official circles did not travel along the Volga in the summer, then he felt unprofitable in society.
When choosing a type of vacation, tourists use the following motivations: a) the desire to relax on the water (up to 32%); b) the desire to spend a vacation in a calm and comfortable environment (up to 52%); c) have no worries about organizing entertainment (up to 45%); d) desire to see new areas, ancient cities, visit museums, monasteries, etc. (up to 26%); e) recommendation from friends and acquaintances (up to 17%). Important motive - acceptable tour cost, Moreover, the cost of the tour is especially important on short routes than on long (and therefore more expensive) routes, which are purchased by the wealthy part of the population.
Entertainment.
The ancient thesis of bread and circuses, which is also present in pre-Christian times, in its second part appears most clearly on a cruise tour. Staying for several days, or even three weeks, in a space limited by the dimensions of the ship, a large number of tourists, which is accessible to them only in a small part of the ship’s premises (cabins, lounges, promenade decks, restaurants), in a state of idleness and in the absence of a TV , awakens in almost all tourists the need for intense entertainment and communication. Excursion programs only partially absorb time and energy; contemplating through binoculars those that slowly float past the shores quickly gets boring. Therefore, great attention is paid to entertainment programs on the ship itself. Tourists have access to a library, regular entertainment programs, lectures on history and other topics depending on the nature of the prevailing 1-group of tourists (nationality and language, level of education, age, interests), decks for relaxation, celebrations with the participation of artists and all tourists, for example “Festival of Neptune”, games, dances, cinema, fiction and entertainment of animators, immortal lectures “about friendship and love”, etc. Green parking lots with an obligatory picnic in nature and barbecue are provided. For all tourists, at the beginning of the cruise, according to a constant tradition, there is an indispensable cocktail on behalf of the captain of the ship and a farewell dinner at the end of the cruise. Opportunities for organizing active recreation on the river boats, compared to the giant sea boats, which even have mini golf courses, are significantly limited. However, the ingenuity of river cruise organizers provides tourists with a lot of pleasure and entertainment.
Educational goals and tourist experiences.
River and lake cruises compare favorably with sea cruises in the presence of informative views of the coast, which change as you move along the route, a large number of parking lots, and the presence of hydraulic structures, locks and dams, which are objects of excursion display. Navigation on rivers is accompanied by less exposure to bad weather, storms and waves, and lower costs for maintaining the vessel. As a rule, tour routes run in inland waters and, therefore, tourist formalities are simplified or absent. Flights make stops in small towns, visits to which allow you to get acquainted with local culture, valuable historical and cultural heritage, private and public collections in local museums, etc.
Travel method.
A cruise allows a tourist to travel over a fairly long distance (route Odessa (1) – Istanbul (2) – Haifa (3) – Alexandria (4) – Athens (5) – Valletta (6) – Naples (7) – Barcelona (8) – Odessa (1) is 4068 km), while movement is not difficult for tourists, most of the crossings are carried out at night, when tourists are sleeping. There is no need to frequently change hotels, arrange rooms in the room, collect and unpack things, or transport luggage. The cabin is assigned to the passenger for the entire duration of the cruise. Thus, moving is a process and a method of recreation, and not an end in itself. This type of recreation can be defined as “sedentary-nomadic”. This is an important factor that allows you to save and rationally use time for recreation and entertainment and visit many tourist centers during your trip. On the other hand, cruise tourists do not spend the night at the place of visit, usually eat on the ship and are not considered tourists relative to the destination and are not taken into account in tourism statistics.
Professional and business goals.
When organizing a conference or meeting, an important factor is the compact accommodation of the participants, reducing the loss of time for gathering, and limited space, which does not allow distracting business (or non-business) motives to influence or simply leave the meeting or seminar for other matters. Often the flight route passes through areas not covered by cell phone coverage. During times free from business meetings and meetings, participants are offered an active cultural program. This allows you to establish personal contacts, helping to strengthen a friendly atmosphere and mutual understanding.
Pilgrimage purposes.
A significant part of the holy places and monasteries associated with them are located on separate islands. These include Athos in Greece, Valaam and Konevets on Lake Ladoga and others. For the first time, descriptions of such transportation were described by Abbot Daniel in 1065 during a pilgrimage to Athos in the Holy Land. Travel to the 19th century. to Konevets Island is described in detail by N. Leskov. Tourists and pilgrims can only get to the island by a special boat or passenger ship. To visit Athos, a special permit is required; only men are allowed on the island; it is advisable to have a beard.
Pilgrims often have their own transport and vessels for pilgrims. Entire journeys determine the minimum comfort of transportation. Local pilgrimage services actively use tourism opportunities to replenish the monastery treasury through donations, sales of attributes and symbols, publications, souvenirs, as well as entrance fees and paid excursions. When visiting the island of Valaam and the local monastery, increased prices are set for foreign tourists and when going east to the shore - a skillful monk accurately identifies a foreigner in the crowd of tourists and demands the proper payment from him.
In each basin there are passenger lines, among which there are: internal (sea coasting) lines, connecting Russian ports; international (foreign), connecting Russian ports with foreign ones; local, carrying out transportation within a region, district, subject of the federation; suburban - activities of the port passenger fleet.
In river transport, there are 2 forms of fleet organization: linear and voyage. Linear form - regular transportation of passengers in certain areas. The voyage form is a form in which the fleet is not assigned to certain areas, it does not have permanent points of departure and destination.
Depending on the form of the message, the lines are divided into:
transit - with a length of more than 400 km. The fleet working for them is assigned to the shipping company;
local - up to 400 km long. Vessels are assigned to ports (marinas);
internally urban, operating within the city (river trams);
ferries operating between points on opposite banks.
Depending on the speed of ships and travel conditions, there are lines: express, fast, high-speed, passenger. Passenger lines, depending on the nature of transportation and service conditions, are divided into: transport, tourist and excursion.
Transport lines are lines that provide transport connections between points and that operate according to pre-published schedules. They are served by river fleet vessels.
Tourist lines are lines that are serviced by river vessels and that provide transportation of tourists along a special route and schedule with a voyage duration of more than 24 hours.
Excursion lines are serviced by river vessels and have a turnaround time of less than 24 hours.
All short river trips can be divided into 2 types: excursion and pleasure cruises.
Excursion voyages include trips of excursionists, which are carried out on river boats with the aim of getting acquainted with memorable, historical and other outstanding attractions lasting no more than 24 hours.
Pleasure voyages include transportation of groups of tourists, which are carried out for a short time for the purpose of relaxation and familiarization with memorable historical and other outstanding places, carried out, as a rule, between two ports with events and stops at them or without events and stops. These voyages may last more or less than 24 hours. Voyages of less than 24 hours are usually carried out by port vessels and operate in suburban and inner-city areas.
Sea transportation of passengers
Article 143. Contract for the carriage of passengers by sea
Under the contract for the carriage of passengers by sea, the carrier undertakes to transport the passenger to the destination, and if the passenger checks in luggage, also to deliver the luggage to the destination and hand it over to the person authorized to receive the luggage.
The passenger undertakes to pay the established fare (carriage fee), and when checking in luggage, also for the carriage of luggage.
Article 144. Period of sea transportation
Sea transportation of passengers includes the following periods:
1) in relation to the passenger and his cabin luggage - the period during which the passenger and (or) his cabin luggage are on board the ship, the period of boarding and disembarkation and the period during which the passenger and his cabin luggage are delivered by water from the shore to the ship or vice versa, if the cost of such transportation is included in the price of the ticket or if the ship used for this purpose has been placed at the disposal of the passenger by the carrier. In relation to a passenger, transportation does not cover the period during which he is at or on a marine terminal, berth or any other port facility;
2) in relation to cabin baggage - also the period during which the passenger is at or on a marine terminal, berth or any other port facility, if this baggage has been accepted by the carrier, his employee or maritime agent or has not yet been issued to the passenger;
3) in relation to other baggage that is not cabin baggage - the period from the moment of acceptance of the baggage by the carrier, his employee or maritime agent on shore or on board the ship until the moment of release of this baggage by the carrier, his employee or maritime agent.
Article 145. Transportation documents
The conclusion of a contract for the carriage of passengers by sea is certified by a ticket, and the passenger’s check-in of luggage is certified by a baggage receipt.
The forms of the ticket and baggage receipt are established by the republican government body in the field of maritime transport.
Article 146. General conditions for the carriage of passengers by sea
The carrier is obliged, before the commencement of sea transportation, to bring the vessel into a condition suitable for navigation and safe transportation of passengers, to properly staff it with a crew, equip and supply it with everything necessary, and to maintain it in this condition during sea transportation.
Part two of Article 146 has been excluded. - Law of the Republic of Belarus dated December 26, 2007 N 300-Z)
(see text in the previous edition)
The carrier is obliged to organize services for passengers and provide them with accurate and timely information about the movement of ships and the services provided.
The passenger has the right to:
free carriage of luggage and cabin luggage within the established limits;
free or reduced transportation of children.
The standards for free baggage and cabin baggage are established by the republican government body in the field of maritime transport.
The rules for free or reduced-price transportation of children are established by the republican government body in the field of maritime transport.
Article 147. Refusal of a passenger to fulfill a contract for the carriage of passengers by sea
The passenger has the right, at any time before the departure of the ship on a voyage, and after the start of the voyage - in any port at which the ship calls for boarding or disembarking passengers, to refuse to fulfill the contract for the carriage of passengers by sea.
A passenger who has notified the carrier of his refusal to fulfill the contract for the carriage of passengers by sea has the right to receive back the fare and baggage allowance in the manner, amount and terms determined by the republican government body in the field of maritime transport.
If the passenger refused to fulfill the contract for the carriage of passengers by sea no later than the period established by the republican government body in the field of maritime transport, or did not appear for the departure of the ship due to illness, or refused to fulfill the contract for the carriage of passengers by sea before the departure of the ship for the same reason or reasons, Depending on the carrier, the passenger will be refunded the travel and baggage fees paid in full.
Article 148. Refusal of the carrier to fulfill the contract for the carriage of passengers by sea
The carrier has the right to refuse to fulfill the contract for the carriage of passengers by sea in the following cases:
1) military and other actions that create a threat of seizure of the ship;
2) blockade of the place of departure or destination of the ship;
3) detention of a ship by order of state bodies and (or) port authorities for reasons beyond the control of the parties to the contract;
4) attracting a vessel for state needs.
Article 149. Termination of a contract for the carriage of passengers by sea if it is impossible to fulfill it
The execution of the contract for the carriage of passengers by sea is terminated regardless of the will of the parties if the ship is lost or forcibly seized, declared unfit for navigation, or other circumstances arise for which neither party is responsible.
Article 150. Refund of fare to passengers
In cases of termination of a contract for the carriage of a passenger by sea on the grounds provided for in Articles 148 and 149 of this Code, before the departure of the ship on a voyage, the passenger will be refunded the fare and baggage allowance in full, and if the contract is terminated after the start of the voyage, part of it will be returned in proportion to the distance covered. sea transportation did not take place.
Article 151. Amendments to the contract for the carriage of passengers by sea
The carrier has the right to delay the departure of the vessel, change the route of sea transportation, the place of embarkation and (or) disembarkation of passengers, if such actions are necessary due to force majeure, unfavorable sanitary and epidemiological conditions at the place of departure or destination of the vessel or along the route of sea transportation, as well as due to other events and phenomena beyond the control of the carrier and making it impossible to fulfill the contract for the carriage of passengers by sea under the conditions stipulated by this contract.
The rules of part one of this article do not limit the passenger’s right to refuse to fulfill the contract for the carriage of passengers by sea.
In the cases provided for in this article, the carrier is obliged to compensate for losses caused to the passenger by changes in the contract for the carriage of passengers by sea.
Article 152. Carrier’s liability for causing harm to the life and health of a passenger
The carrier's liability for causing harm to the life and health of a passenger is determined according to the rules of the Civil Code of the Republic of Belarus, unless other legislation of the Republic of Belarus or the contract for the carriage of passengers by sea provides for increased liability of the carrier.
Article 153. Carrier's liability for loss, shortage or damage (spoilage) of baggage
The carrier is responsible for failure to preserve baggage that occurs after accepting it for transportation before handing it over to the passenger or person authorized to receive the baggage, unless he proves that the loss, shortage or damage (spoilage) of baggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him.
Damage caused during sea transportation of baggage is compensated by the carrier in the following cases:
1) loss or shortage of luggage - in the amount of the cost of the lost or missing luggage;
2) damage (damage) to luggage - in the amount by which its value has decreased, and if it is impossible to restore damaged luggage - in the amount of its value;
3) loss of baggage handed over for transportation with a declaration of its value - in the amount of the declared value of the baggage.
The cost of baggage is determined based on its price indicated in the seller's invoice or provided for in the contract, and in the absence of an invoice or a price specified in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods.
The carrier, along with compensation for established damage caused by loss, shortage or damage (spoilage) of baggage, returns the carriage fee collected for the transportation of lost, missing, spoiled or damaged baggage, if this fee is not included in the cost of baggage.
Article 154. Carrier’s liability for loss, shortage or damage (spoilage) of cabin luggage
For loss, shortage or damage (spoilage) of cabin luggage due to the fault of the carrier, the carrier is liable in the amount of its value, and if it is impossible to establish it, based on the price that, under comparable circumstances, is usually charged for similar goods. The amount of liability for loss, shortage or damage (spoilage) of cabin luggage cannot exceed 1,800 units of account per passenger in relation to the sea transportation of passengers in general.
Article 155. Liability of the actual carrier
The carrier is responsible for the actions and (or) inactions of the actual carrier, its employees and maritime agents acting within the scope of their official duties and powers.
The rules of this Code governing the liability of the carrier during the carriage of passengers by sea also apply to the liability of the actual carrier.
In cases where the carrier and the actual carrier are liable, their liability is joint and several.
Article 156. Loss or damage to valuables
The carrier is not responsible for loss or damage to money, securities, gold, gold and silver items, works of art or other valuables, except in cases where such valuables were deposited with the carrier.
Article 157. Application of limits of liability
The limits of liability provided for in Article 154 of this Code apply to the aggregate of amounts subject to compensation for all claims arising as a result of loss, shortage or damage (spoilage) of cabin luggage.
In relation to transportation carried out by the actual carrier, the aggregate of amounts subject to compensation by the carrier, the actual carrier and their employees and maritime agents acting within the limits of their official duties and powers cannot exceed the largest amount of compensation that could be recovered in accordance with this Code from the carrier or from the actual carrier. In this case, none of these persons should be liable in excess of the limit of liability to be applied.
Article 158. Statement of loss, shortage or damage (spoilage) of luggage
The passenger has the right to submit a written statement about the loss, shortage or damage (spoilage) of luggage to the carrier, its employee or maritime agent in the following cases:
obvious loss, shortage or damage (spoilage) of cabin luggage - before or at the time of disembarkation of the passenger, and in relation to luggage - before or at the time of its delivery;
loss, shortage or damage (spoilage) of cabin baggage, baggage that is not obvious - within fifteen days from the date of disembarkation of the passenger or from the day the baggage is issued or from the moment when it should be issued.
A written statement about loss, shortage or damage (spoilage) of baggage is not required if the condition of the baggage was established or checked at the time of its receipt jointly:
passenger and carrier or his employee or maritime agent;
the passenger and the actual carrier or his employee or maritime agent.
Article 159. Unclaimed baggage
Baggage that is not claimed within three months from the date the ship arrives at the port of destination may be sold or destroyed in the manner prescribed by law.
Article 160. Free transportation in accordance with the contract for the carriage of passengers by sea
The rules of this section also apply to persons transported on a ship free of charge in accordance with the contract for the carriage of passengers by sea.
Russia has a large-scale water transport infrastructure: thirteen seas and more than 100 thousand km of navigable rivers. Seas and rivers began to serve humans as routes of communication back in prehistoric times. Unfortunately, during the period of radical economic transformations, water transport in Russia practically did not develop. In the 90s, the question of the need to revive the domestic merchant fleet was raised; today the time has come to revive the passenger fleet.
S. Buyanov, General Director of CJSC "TsNIIMF", Ph.D.
L. Buyanova, leading researcher at ZAO "TsNIIMF", Doctor of Economics
Marine passenger fleet
At the beginning of 2013, the Russian maritime passenger fleet consisted of 39 ships with an average age of 26.7 years.
In terms of quantity, the most representative group is the group of non-berth vessels: passenger displacement vessels, hydrofoil vessels (HFVs), catamarans. The deadweight of these ships is 14-80 tons. The average age is 26 years. They mainly operate on local coastal shipping lines in the Far Eastern and Southern basins.
The group of passenger ships is represented by four ships: “Polaris” (built in 1968), “Klavdiya Elanskaya” (1977), “Belomorye” (1980), “Anna Akhmatova” (1988). Cargo-passenger ships: “Gipanis” (1992), “Igor Farkhutdinov” (1991). They transport passengers between points in the Northern and Far Eastern basins.
The domestic cruise fleet is represented by seven converted research vessels, with a passenger capacity of 45 to 117 people. Class of ice strengthening according to the classification of the Russian Maritime Register of Shipping - Arc4 and Arc5.
All Russian expeditionary cruise ships were built in the 80s and, even taking into account refurbishment, do not meet modern requirements for safety, comfort and efficiency. Having a small passenger capacity and outdated equipment, they are inferior to the existing and modern cruise fleet of foreign companies that are under construction. The owners of the vessels - Russian scientific organizations - have been leasing these vessels to foreign companies for many years. Each such vessel performs from 10 to 20 voyages per year in regions with difficult ice conditions (Arctic, Far East, Antarctic).
In general, according to official statistics, in 2012, a total of 1.1 million passengers were transported by sea.
Table 1. Dynamics of passenger transportation volumes by sea transport across basins, thousand people.
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Pool | |||||
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Northwestern | |||||
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Far Eastern | |||||
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Table 1 shows data on the dynamics of passenger transportation by sea in the basins for 2008-2012, which confirm the existence of a major industry problem in updating the maritime passenger fleet and increasing its competitiveness in all segments of activity.
Inland water passenger fleet
As of January 1, 2012, 1,526 passenger vessels of various types and purposes were registered in the Russian River Register of Shipping.
The average age of high-speed passenger ships is 26 years. The main projects of this group of ships: "Raketa" type (project 340 with modifications, passenger capacity 60-65 people), "Meteor" type (project 342 with modifications, passenger capacity 120 people), "Voskhod" type (project 352 with modifications, passenger capacity 70 people), type "Zarya" (project 946 and R-83, passenger capacity 60-66 people). The vessels of these projects were built during the Soviet years, but their construction was stopped in the early 90s. In 2006, the first planing type vessel of the A45 project “Lena” (passenger capacity 150 people) was built. The vessels of this project are intended to replace the outdated fleet of high-speed hydrofoils. In the period 2005-2009. 4 vessels were built according to the modified A45-1 project: “Yeniseisk”, “Krasnoyarsk”, “Ivan Nazarov”, “Mikhail Godenko”. The vessels of these projects are characterized by a shallow draft (0.6 m in planing mode), high maneuverability, and, consequently, the ability to approach an unequipped shore.
The average age of passenger ships for local lines is 36 years. The list of main projects of river passenger ships for local lines is given in Table 2.
Table 2. Main projects of river passenger ships for local lines
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Project |
Quantity, units |
Average age, years |
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R-51, R51E, R-51EK, R-51EA "Moscow" | ||
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544, 544Ш, 544П "Moskvich" | ||
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780, 780-03 "OM" | ||
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81080, 81080A "Moskovsky" | ||
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839, 839A "MO" | ||
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R-35 "Neva" | ||
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НВС-496 (China) | ||
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Source: materials of ZAO TsNIIMF |
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As data analysis shows, greatest number vessels for this purpose belong to the types “Moskva”, “Moskvich”, “Neva” (project R-35) and “OM”. They account for more than 70% of the total passenger fleet for local and suburban lines.
The largest shipowners of river passenger vessels for local lines (more than 20 vessels): Passenger Port OJSC (Moscow), Volgograd River Port OJSC, Amur Shipping Company OJSC, Tatflot OJSC.
The river cruise fleet is represented by motor ships of projects 588, 302, 301, 26-37, 92-016, etc.
Project 588 ships are three-deck long-distance passenger (cargo-passenger) motor ships built in the GDR. Vessel class according to the Russian River Register - “O” (internal waterways, rivers and reservoirs, passage through Lakes Ladoga and Onega with limited wave height). Passenger capacity - up to 230 people. The first vessel of the series of this project “V. Chkalov" was built in 1954, the construction of ships was carried out until 1964. A total of 49 motor ships were built during this period. Most of the vessels are still in operation after reconstruction and modernization that took place in the late 1990s - early 2000s. As of August 2012, 30 vessels are in operation. Eleven vessels have been taken out of service, some of which are undergoing modernization. The remaining ships were decommissioned in different years.
Project 301 ships are four-deck motor ships built in the GDR in 1974-1983. Passenger capacity - up to 360 people. The lead ship is “Vladimir Ilyich” (currently “St. Petersburg”). The vessel class according to the Russian River Register is “O”. A total of 22 ships of three different series of this type were built. Today, vessels of this project, after modernization, make tourist cruises between Moscow and St. Petersburg, along the Volga, one ship operates on the route Kyiv - Odessa.
Project 302 ships (a modernized continuation of Project 301) are four-deck passenger ships built in Germany in 1983-1992. Passenger capacity - up to 332 people. The vessel class according to the Russian River Register is “M (ice)”, which allows these vessels to operate in the broken ice of Lakes Ladoga and Onega. The lead ship of the series, Dmitry Furmanov, was launched in 1983. A total of 27 motor ships of this project were built, of which 2 motor ships of project 302M, 4 motor ships of project 302MK, distinguished by elements of external decoration and increased comfort. The last three motor ships of Project 302MK were sold to China in the early 90s. The remaining vessels of this project continue to operate mainly on the Moscow - St. Petersburg route.
Project 26-37 ships are three-deck motor ships built in Czechoslovakia in 1957-1962. The project is almost identical to Project 588. A total of 14 ships of this project were built. The lead ship is the "October Revolution". In the 2000s, most of the ships were modernized to improve their comfort. As of January 2013, 11 vessels are in operation.
Project 92-016 ships are four-deck motor ships built in Czechoslovakia in 1976-1983. Passenger capacity - up to 360 people. A total of 9 motor ships of this project were built, which are still in operation. These are the largest river passenger ships. All ships of this project belong to the Volga Shipping Company (tour operator Vodokhod).
As of 2012, the number of river cruise ships is 135 units, 112 of which are from the projects presented above.
Table 3. Dynamics of passenger transportation volumes and passenger turnover by inland water transport
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Indicators | ||||||||||
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Traffic volume, million passengers. | ||||||||||
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Passenger turnover, million passenger-km | ||||||||||
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Source: materials of ZAO TsNIIMF |
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According to official statistics, in 2012, 13.6 million passengers were transported by inland water transport. Analyzing the dynamics of transportation volumes for the period 2003-2012 (Table 3), the following can be noted:
- the volume of passenger transportation by river vessels decreased from 24.4 million people. in 2003 to 13.6 million people. in 2012, i.e. by 44.3%;
- The passenger turnover of the river fleet during the analyzed period decreased less - by 27.1%, which is explained by an increase in the average transportation distance of one passenger.
The presented statistical data indicate the presence of problems in each segment of the activity of passenger sea and river transport. Of course, there are system-wide reasons for the decline in passenger traffic in recent years (a decrease in real incomes of the population and their business activity in the context of the global financial crisis), but there are also reasons of an industry nature.
Table 4. Factors reducing the volume of passenger transportation by water transport
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Type of passenger transportation |
Reasons for the decline in passenger traffic |
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Maritime transport |
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Transportation of passengers on local lines |
- lack of a modern passenger displacement and high-speed fleet; |
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Cruise shipping |
- lack of a modern cruise fleet; - tourism infrastructure is insufficiently developed; - constant increase in cruise fares; - the quality of tourist services provided does not meet modern passenger requirements; lack of competition in the Russian tourism market. |
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Inland water transport |
|
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Passenger transportation (transit, local, suburban) |
- outdated low-comfort passenger fleet; - decommissioning of ships due to stricter safety requirements for passenger transportation; - higher tariffs with lower delivery speeds on certain routes compared to alternative modes of transport; - lack of a flexible tariff system that responds to the state of the competitive environment; - low guaranteed water depths during the low-water navigation period, which do not allow the fleet to be used at full capacity; - lack of illuminated conditions on the GDP during dark nights, reducing the use of the fleet; - limited funding from local budgets to cover losses on social passenger transportation; shortage of qualified personnel; - the port infrastructure for passenger transportation is insufficiently developed; - low quality of services provided to passengers. |
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Tourist and excursion transportation |
- lack of modern comfortable cruise fleet; - tourism infrastructure is insufficiently developed; constant increase in cruise fares; - insufficient promotion of the national tourism product; - the quality of tourist services provided does not meet modern passenger requirements. |
Table 5. Composition of passenger ships built in 2012, by type of transportation
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Type of transportation |
Number of vessels, units |
Total passenger capacity, people. |
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Passenger | ||
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High-speed planing | ||
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Walking | ||
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Hovercraft | ||
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Cruise | ||