LAW OF OBLIGATION ACT, PART 8, CHAPTER 42, SUBDIVISION 2, 3 & 4

Subdivision 2

Carriage of Passengers by Public Transport Vehicles 

  • 847. Public transport

For the purposes of this Act, the carriage of passengers in Estonia on a certain line by bus, train, passenger ferry or other public transport vehicle according to a timetable which can be publicly accessed is deemed to be public transport. Carriage under charter contracts, regularly organised pleasure trips and other similar carriage are not public transport.

[RT I, 23.03.2015, 2 – entry into force 01.10.2015]

  • 848. Obligation to carry

In the case of public transport, the carrier shall not refuse to enter into a contract of carriage or carry a passenger if:

1) the passenger requests carriage in compliance with the standard terms and

2) carriage is possible by a vehicle regularly used in public transport and

3) there are no circumstances hindering the carriage which cannot be prevented or eliminated by the carrier.

  • 849. Ensuring benefits to passengers

If benefits are prescribed in the standard terms, the carrier shall ensure these benefits equally to all applicants to whom these benefits apply.

Subdivision 3

Contract for combined carriage of passengers

  • 850. Contract for combined carriage of passengers

If passengers are carried on the basis of a single contract for the carriage of passengers by sea, air or land using different vehicles (a contract for the combined carriage of passengers), the provisions of Subdivision One of this Division apply to the contract unless otherwise provided for in this Subdivision.

  • 851. Known place where damage is caused

If, in the case of the combined carriage of passengers, it is known that circumstances which caused damage arose on a particular leg of the journey, the carrier shall be liable pursuant to the provisions which apply to a contract which would have been entered into concerning this leg of the journey. The burden of proof regarding the fact that circumstances which cause damage arose on a particular leg of the journey shall lie with the person who claims that the circumstances arose.

  • 852. Notification of damage

(1) The provisions of § 831 of this Act apply regardless of whether the place where the damage was caused is known, unknown or will become known later.

(2) If the place where baggage was damaged or lost is known, a notice is also deemed to have been submitted on time if the provisions which would apply to entry into a separate contract for the carriage of passengers concerning the last leg of the journey are complied with.

Subdivision 4

Mandatory Nature of Provisions of This Division 

  • 853. Mandatory nature of provisions

Any agreement which precludes or limits the liability of carriers or alleviates the burden of proof of carriers as compared to the provisions of this Division is void.

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