LAW OF OBLIGATION ACT, PART 8, CHAPTER 42, DIVISION 2

Division 2

Contract for carriage of passengers 

Subdivision 1

General Provisions 

  • 824. Contract for carriage of passengers

(1) By a contract for the carriage of passengers, one person (the carrier) undertakes on behalf of another party to carry one or more persons (passengers) to a destination with or without baggage, and the other party undertakes to pay a charge (the carriage charge).

(2) The provisions concerning contracts for services apply to contracts for the carriage of passengers unless otherwise provided for in this Division.

(3) The provisions of this Division apply to the carriage of passengers by air or sea only in so far as this area is not regulated otherwise by law or an international convention binding on Estonia.

  • 825. Charter contract

(1) A charter contract is a contract for the carriage of passengers by which a carrier undertakes to carry another party or passenger using a vehicle which the carrier grants the other party or the passenger complete use of, together with an operator, for the purpose of carriage. A charter contract may be entered into for a specified or unspecified term.

(2) By a charter contract, the carrier requires the operator of the vehicle to carry out the instructions of the other party or the passengers to the extent determined in the contract. The carrier shall be liable for carrying out the instructions.

(3) The provisions of this Act concerning lease contracts and commercial lease contracts do not apply to charter contracts.

  • 826. Baggage

(1) Things which a carrier undertakes to carry pursuant to a contract for the carriage of passengers are deemed to be baggage. Baggage does not include things which are carried pursuant to a contract for the carriage of goods. It is presumed that the carriage of passengers also includes the carriage of baggage.

(2) Hand baggage is baggage kept in the personal custody of a passenger.

  • 827. Time limit for carriage

The carrier shall transport the passenger and his or her baggage to his or her destination within the term agreed in the contract or, in the absence of an agreement, within a term which could be expected of a diligent carrier under ordinary conditions (the time limit for carriage).

  • 828. Duration of carriage

(1) The carriage of passengers covers the period of time during which:

1) the passengers are in the vehicle or are boarding or leaving the vehicle;

2) the passengers are being transported from a terminal, quay, waiting platform, waiting room or any other similar construction to the vehicle or from the vehicle to such a construction if the cost thereof is included in the carriage charge or if the passengers have been granted use of the vehicle used therefor by the carrier.

(2) The carriage of baggage covers the period of time between acceptance of the baggage for carriage and delivery of the baggage. The carriage of hand baggage covers the same period of time as the carriage of passengers.

  • 829. Liability of carrier for failure to provide vehicle on time

(1) If the carrier notifies the other party that a vehicle will not be provided by the agreed time or if a vehicle has not been provided by the agreed time, the other party may withdraw from the contract. No additional term need be granted for withdrawal from the contract.

(2) The carrier shall compensate for any damage caused by failure to provide a vehicle for carriage.

  • 830. Obligation of carrier to compensate for damage

The carrier shall compensate for any damage arising from:

1) the death of or bodily injury or physical harm to a passenger caused during carriage or due to circumstances related to carriage;

2) partial or total loss of or damage to baggage during carriage or due to circumstances related to carriage;

3) a time limit being exceeded.

  • 831. Notification of damage

(1) In the event of apparent damage to hand baggage, the passenger shall, upon leaving the vehicle, notify the carrier of the damage caused to him or her. In the event of apparent damage to other baggage, notification shall be given of the damage upon delivery of the baggage.

(2) If baggage is damaged but the damage is not apparent, notification shall be given of the damage in a format which can be reproduced in writing within ten days after leaving the vehicle or delivery of the baggage.

(3) If hand baggage is lost, the passenger shall notify the carrier of the loss of his or her hand baggage upon leaving the vehicle. If other baggage is lost, the passenger shall notify the carrier of the loss of the other baggage within ten days as of the day when the baggage should have been delivered.

(4) If a passenger does not comply with the provisions of subsections (1) to (3) of this section, the passenger is presumed to have received all of his or her baggage in good condition.

(5) A passenger shall not submit a claim for compensation for damage arising from a time limit being exceeded if he or she fails to notify the carrier of the damage within one month after arrival at his or her destination.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 832. Defects of vehicle and disabilities of its operator

In the event that a carrier violates its obligations, the carrier shall not rely on the physical or mental disabilities of the operator of the vehicle or on the defects of the vehicle used for carriage as circumstances which release the carrier from liability.

  • 833. Preclusion of liability of carrier

(1) A carrier shall not be liable for any damage caused by loss of or damage to coins, securities, gold, silver, jewels, works of art or other valuables, unless these valuables have been separately deposited with the carrier in order to avoid loss thereof or damage thereto.

(2) A carrier shall not be liable for any damage caused to things which are brought into a vehicle by a passenger if the carrier would not have permitted them to be brought into the vehicle if the carrier had known of their nature or condition and regarding which the carrier has not issued a baggage check if the passenger knew or should have known that the carrier would not permit these things to be carried. In such case, the passenger shall be liable for all expenses incurred by and damage caused to the carrier by the carrying of such things.

  • 834. Limitations on liability of carrier

(1) The liability of a carrier for the death of a passenger or for damage arising from the causing of a bodily injury or physical harm to a passenger shall be limited to 214,743 euros per passenger.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(2) The liability of a carrier for any damage which is caused due to loss of or damage to a vehicle, including baggage located in the vehicle, which is used pursuant to a contract for the carriage of passengers shall be limited to 12,782 euros per passenger.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(3) The liability of a carrier for any damage caused by loss of or damage to hand baggage shall be limited to 2237 euros per passenger. The liability of a carrier for loss of or damage to other baggage shall be limited to 3515 euros per passenger.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(4) If the valuables specified in subsection 833 (1) of this Act are deposited separately with the carrier, the liability of the carrier in the event of loss of or damage to such valuables shall be limited to 3196 euros per passenger.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(5) The liability of a carrier for any damage caused by a time limit being exceeded shall be limited to 3196 euros per passenger.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(6) The limitations on liability provided for in subsections (1) to (5) of this section do not apply to claims for interest and compensation for procedural expenses.

  • 835. Limitation of liability in event of several obligors

If several persons are liable for causing damage, the liability of these persons in total shall be limited by the limitations provided for in § 834 of this Act.

  • 836. Solidary liability of carrier and actual carrier

(1) If carriage is wholly or partially performed by another person (the actual carrier), the actual carrier shall be liable in the same manner as a carrier for any damage arising from the death of a passenger, the causing of bodily injury or physical harm to a passenger, damage to or loss of baggage, a time limit being exceeded or another breach of a contract during carriage performed thereby. An agreement between a carrier and another party on extension of the liability of the carrier, as compared to the provisions of law, applies to the actual carrier only if the actual carrier has agreed thereto in a format which can be reproduced in writing.

(2) An actual carrier may present any objections which a carrier has arising from a contract of carriage.

(3) A carrier and an actual carrier shall be jointly and severally liable for damage.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 837. Non-applicability of limitations on liability

The limitations on liability provided for in this Subdivision do not apply if the carrier causes damage intentionally or through gross negligence.

  • 838. Claims not arising from contract

The limitations on liability provided for in this Subdivision also apply to claims other than those arising from the causing of the death of a passenger or bodily injury or physical harm to a passenger, loss of or damage to baggage and a time limit being exceeded which arise from a contract for the carriage of passengers.

  • 839. Liability of employees

If a claim arising from the causing of the death of a passenger or bodily injury or physical harm to a passenger, loss of or damage to baggage or a time limit being exceeded is submitted against an employee of a carrier or actual carrier or against another person for whom the carrier or actual carrier is responsible, the employee or other person may also rely on the limitations on liability prescribed in this Division and a contract for the carriage of passengers unless the damage is caused intentionally by the employee or other person or through his or her gross negligence.

  • 840. Obligations of passengers

(1) During carriage, passengers shall act in such a manner as not to endanger the safety of the carriage or violate the conditions of proper carriage. Passengers shall carry out the instructions of the carrier, the operator of the vehicle or any other competent person.

(2) A passenger shall present his or her baggage for carriage such that it is not likely to encourage loss or damage and such that no damage is caused to the carrier by the baggage. If baggage includes a dangerous thing, the passenger shall notify the carrier of the existence of the dangerous thing and of the general nature of the danger.

  • 841. Liability of passengers

A passenger shall compensate the carrier for any damage caused by the passenger or his or her baggage. Upon violation of his or her own obligations, the passenger shall not rely on the defects or nature of his or her baggage as circumstances which release him or her from liability.

  • 842. Liability of other party

(1) If a passenger or all the passengers or their baggage is not ready for carriage on time at the agreed place for any reason, the carrier may cancel the contract or commence the journey. If damage is caused to the carrier due to the fact that a passenger or all the passengers or their baggage is not ready for carriage on time for any reason, the other party shall compensate the carrier for the damage.

(2) The other party shall compensate the carrier for any damage which is caused to the carrier because of a passenger not having the documents with him or her which he or she should have and for the existence of which the other party is responsible.

(3) In the case of carriage under a charter contract, the other party shall compensate the carrier for any damage which is caused to the carrier by carrying out the instructions of the other party or a passenger upon performance of the contract, unless the operator of the vehicle acts unreasonably in carrying out such instructions.

  • 843. Provisions applicable to carriage of baggage

In addition to the provisions of this Division, the provisions of §§ 780, 786, 791, 794, 796, 803 and 804 of this Act apply to the carriage of baggage unless otherwise agreed by the parties.

  • 844. Termination of contract after passenger leaves vehicle

If a passenger, after leaving the vehicle during the journey, does not return to the vehicle on time, the carrier may deem the contract to have been performed. In such case, the carrier retains the right to the agreed charge.

  • 845. Right of cancellation of other party

(1) The other party has the right to cancel a contract for the carriage of passengers at any time but shall then compensate the carrier for any damage caused thereby. A contract for the carriage of passengers shall not be cancelled if this would result in the journey being delayed.

(2) The other party need not compensate the carrier for any damage arising from cancellation of a contract for the carriage of passengers if the contract is cancelled due to circumstances regarding which the risk of occurrence is borne by the carrier.

  • 846. Obligation to indicate name and residence or seat of carrier

The carrier shall clearly indicate at least the name and residence or seat thereof on tickets, baggage checks and other similar documents related to carriage. Any agreement which derogates from this requirement is void.

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