Decree No 39 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Agreement on the General Conditions for International Carriage of Bus Passengers
Valid
Effective from 03.09.1971
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39
DECLARATION
Minister for Foreign Affairs
of 28 December 1975
on the Agreement on the General Conditions for International Carriage of Bus Passengers
The Agreement on the General Conditions for International Carriage of Bus Passengers was signed in Berlin on 5 December 1970.
Pursuant to Article IX of the Agreement, the Agreement entered into force on 3 September 1971 and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement is announced simultaneously.
First Deputy Minister:
Krajčir v. r.
AGREEMENT
on the general conditions of international carriage of bus passengers
Contracting Parties
with a view to developing mutual cooperation in the field of international passenger transport with a view to further expanding and deepening economic relations, scientific, cultural and tourist exchanges and the convergence of states, and taking into account the initiative of the Council of mutual economic assistance in this matter,
agree as follows:
1. International carriage of passengers by bus, carried out by the relevant organisations and the undertakings of the Contracting Parties between their territories or transit through their territory, shall be carried out in accordance with the attached "General terms and conditions of international carriage of passengers by bus', hereinafter referred to as" General conditions', which are an integral part of this Agreement.
2. The Contracting Parties concerned may agree on other conditions for the implementation of the abovementioned international shipments between neighbouring border areas of their States.
(1) Questions, not covered by this Agreement, relating to the international carriage of passengers by bus on the territory of the other Contracting Party shall be governed by the legislation in force in that territory.
(2) Questions arising from a contract for the carriage of passengers by bus not covered by this Agreement shall be governed by the legislation of the State of the carrier.
The Parties shall cooperate universally in the implementation of this Agreement and shall provide each other with the necessary assistance.
The Contracting Parties shall inform each other of their internal legislation concerning the international carriage of bus passengers.
1. In order to exchange experience in the implementation of this Agreement and to address issues that may arise from its practical application, meetings of representatives of the competent authorities or organisations of the Parties shall be convened.
2. The depositary of this Agreement shall convene these consultations gradually to the countries of each Contracting Party in accordance with the alphabetical order of the Russian alphabet within 60 days of receipt of the proposal or consent of at least two Contracting Parties.
3. The preparation and conduct of such consultations shall be provided by the Contracting Parties in whose territory the consultations have been convened, assisted by the depositary of this Agreement.
1. This Agreement may be amended and supplemented with the consent of all Contracting Parties.
2. Proposals for additions and amendments shall be notified by the Contracting Parties to the depositary of this Agreement, which shall send them without delay to the other Contracting Parties for comments.
3. The Contracting Parties shall communicate their views on the proposed supplements and amendments to the depositary within 90 days of their receipt. The depositary shall inform the Contracting Parties of the opinion of all other Contracting Parties within 15 days of the date of receipt of the last such statement.
4. The agreed supplements and amendments shall be approved by the Parties in accordance with their internal legislation and shall enter into force in the manner provided for in Article IX of this Agreement.
In order to implement this Agreement, the competent authorities or organisations of the Contracting Parties may conclude additional agreements between them on specific issues.
1. This Agreement may be acceded to by other States, with the agreement of all Contracting Parties, by submitting a request for access to the depositary. The depositary shall inform all Contracting Parties of this request without delay.
2. The depositary shall inform the requesting State of how the Parties have decided on its request for access to this Agreement.
1. This Agreement shall be approved in accordance with the legislation of each Contracting Party.
2. The Agreement shall enter into force 30 days after the date on which the documents of its approval have been submitted to the depositary for safekeeping by at least three signatory States.
3. For each other State which has signed this Agreement and for each State which has acceded to it pursuant to the provisions of Article VIII, this Agreement shall enter into force 30 days after the date on which it has submitted to the depositary a document approving this Agreement pursuant to paragraph 1 of this Article.
Each Contracting Party may terminate this Agreement by notifying the depositary not later than six months before the end of the current calendar year. The denunciation shall enter into force on 1 January of the following calendar year.
This Agreement shall be without prejudice to the provisions of bilateral agreements on the carriage of bus passengers previously concluded between the Contracting Parties. Where necessary, the Parties shall bring such bilateral agreements into line with the provisions of this Agreement.
1. This Agreement shall be submitted to the Secretariat of the Mutual Economic Assistance Council, which shall act as depositary of this Agreement. A certified copy of the Agreement shall be circulated by the depositary to all States which have signed it and to States which accede to it.
2. The depositary shall, without delay, inform all States that have signed and acceded to the Agreement of the date on which each document approving or accessing the Agreement was placed in custody, the date of its entry into force and the date of withdrawal by one of the Contracting Parties of the Agreement.
Dane in Berlin on 5 December 1970 in Russian language in one specimen.
Annex
to the Agreement on General Terms and Conditions of International
transport of bus passengers
of 5 December 1970
GENERAL CONDITIONS
International carriage of bus passengers
(GENERAL CONDITIONS)
Basic provisions
Within the meaning of these general conditions,
(a) for a passenger, a person who is transported individually or in a group under these general conditions;
(b) for a bus, a motor vehicle equipped for the carriage of passengers and having more than nine seating positions, including a driver's seat;
(c) for the international carriage of passengers by bus by bus (hereinafter referred to as "international transport"), carried out through at least one national border; the transit of an empty bus before or after the international transport is considered to be an international transport;
(d) an undertaking or organisation authorised by the competent authorities of its State to carry out international carriage of bus passengers;
(e) for scheduled services, transport on a bus route, carried out in accordance with the published terms of the transport contract, tariff and timetables, indicating the places (stops) of boarding and leaving of passengers;
(f) for shuttle services, the transport of several groups of passengers within specified periods from the territory of one State to the place of temporary residence in the territory of the other State and the transport of those passengers by bus of the same carrier back to the State from which they originally left; in shuttle shipments, the first way back and the last way there is usually empty;
(g) for irregular transport, any international passenger transport which is not a carriage within the meaning of points (e) and (f) of this paragraph.
1. Under these general conditions, international transport may take place only by carriers established in the territory of one of the Contracting Parties and buses registered in that territory.
2. International transport takes place on roads and border crossing points open to international transport.
1. The competent authority of each Contracting Party on whose territory the bus line is operated shall be authorised for regular international transport.
(2) Shuttle and irregular international transport shall be carried out on the basis of the authorisation of the competent authority of the Contracting Party within the territory of which the carrier wishes to carry out the transport, where such authorisation is necessary in the light of the legislation of that Contracting Party. The Contracting Parties may agree bilaterally to carry out shuttle and irregular international shipments without the permission of the competent authorities.
3. The carrier of one Contracting Party shall not be permitted to carry out international passenger transport:
(a) between two places situated in the territory of the other Contracting Party; or
(b) from the territory of the other Contracting Party to the territory of a third State; or
(c) from the territory of a third State to the territory of the other Contracting Party.
The provisions referred to in points (a), (b) and (c) shall not apply in the case of:
- if the competent authority of the other Contracting Party has granted authorisation to do so, or
- unless the legislation of this Contracting Party requires such authorisation, or
- where such carriage has been provided for in a special bilateral agreement.
The Contracting Parties may temporarily restrict or temporarily suspend international transport operations carried out under these general conditions, in the event of an epidemic, natural disasters or in other serious cases.
Authorisation procedure
1. The competent authorities of the States on whose territory the carrier wishes to operate a bus service must apply for authorisation to operate scheduled international services through the competent authority of its State.
2. The application shall contain the following particulars:
(a) the name and address of the carrier;
(b) identification of the bus line (route, route, crossing point);
(c) a list of stops;
(d) bus stops for refreshments of passengers, bed, rest, trips, etc.;
(e) the date (s) of the shipment;
(f) bus timetables indicating the distance between stops in kilometres, the date and time of departure and arrival of buses at the place of stops and the place where border and customs checks are carried out;
(g) tariffs for the carriage of passengers and their baggage in the currency of the States on whose territory passengers are embarking and leaving;
(h) special conditions for the operation of transport;
(i) the date on which the bus line starts operations;
(j) justification for the effectiveness of the operation of the bus route.
3. The competent authority of the carrier State shall send the carrier's request to the competent authority of each Contracting Party on whose territory the operation of the bus line is envisaged.
4. At the same time, the sending of an application shall be a certificate certifying that the carrier is entitled to carry out international bus transport operations in his country.
1. The competent authority of the State which received the application referred to in Article 5 shall issue the authorisation or refuse to issue it within the shortest possible period, but no later than two months from the date on which the application was received from the carrier.
2. The authorisation or refusal of an application shall be communicated to the carrier via the competent authority of his State.
1. The authorisation to operate regular international transport shall include:
(a) the name and address of the carrier;
(b) the name of the bus line;
(c) the indication of the bus route within the territory of the State issuing the authorisation;
(d) the names of the stops intended for the taking up and leaving of passengers in the territory of the issuing State;
(e) the date (s) of transport and the timetable for bus operations;
(f) tariffs for the carriage of passengers and baggage, where the territory of the State issuing the authorisation is envisaged, the stops at which passengers may board and perform;
(g) the carrier's obligation to operate the transport under the general conditions and special conditions specified in the authorisation;
(h) the period of validity of the authorisation;
(i) the start date of the bus line.
2. The permit shall be valid for a section of the line passing through the territory of the State which issued it.
1. Where two or more carriers whose registered office is in the territory of different Contracting Parties intend to operate together on an international bus route, they shall agree on the conditions for the operation of such transport before submitting the relevant applications.
2. The relations between the carriers referred to in paragraph 1 resulting from the participation of each of them in the operation of the bus line, including the costs and profits of the operation of the route, shall be governed by contracts concluded between those carriers.
(3) The contracts referred to in paragraph 2 shall contain an obligation to sell, including the advance sale by each carrier of tickets for connections, buses operated by other cooperating carriers.
4. Carriers referred to in paragraph 1 may authorise one of their centre to act on their behalf when applying for authorisation for the joint operation of international transport.
1. Carriers operating international transport on a bus line shall publish the conditions of carriage, fares and timetables in all States in whose territory there are stops for boarding and leaving passengers no later than two weeks before the service commences.
2. The obligation referred to in paragraph 1 shall apply to the carrier even in the event of a stop, temporary stop and renewal of international transport and in the event of a change in the conditions of carriage, tariff or timetable.
(3) The information referred to in paragraphs 1 and 2 shall be published in each State in whose territory the abovementioned international transport is carried out, in its language according to the rules applicable in that State.
The stop or limitation of scheduled international transport on a bus service at the initiative of the carrier may be made only on condition that the competent authorities of the States on whose territory the bus service passes have been informed, at least 30 days before the intended stop or restriction, and after publication in the manner referred to in § 9.
A bus driver carrying out international transport shall have a certified copy (photocopy) of the authorisation under which he carries out international transport.
1. Where an authorisation is required to carry out an international shuttle service, the carrier shall submit a request for its issue to the competent authority of the State in whose territory he wishes to operate the service.
The application referred to in paragraph 1 shall contain the following particulars:
(a) the name and address of the carrier;
(b) the name of the places between which the carrier wishes to operate the transport;
(c) indication of the shuttle route and border crossing points;
(d) the number of groups of passengers and the dates in which transport of such groups is envisaged;
(e) number of connections.
1. The competent authority which has received the application referred to in Article 12 shall decide on the authorisation or refusal of the application within the shortest possible period, but not later than 30 days from the date of receipt of the application.
(2) The authorisation for the operation of international shuttle services shall include:
(a) the name and address of the carrier;
(b) the name of the places between which shuttle transport is authorised;
(c) the name of the border crossing points on the transport route;
(d) the number of connections the carrier has the right to operate under authorisation;
(e) the date on which the transport begins and ends;
(f) the carrier's obligation to operate the transport under the general conditions and special conditions specified in the authorisation.
When carrying out shuttle and irregular international shipments, the driver shall carry a passenger list.
Conditions for transport on the regular bus route
1. The carrier shall be responsible for the fulfilment of the conditions of the transport contract with respect to passengers and passengers with regard to the carrier.
2. If the opposite is not demonstrated, proof of the conclusion of a transport contract is a document called an international bus ticket; the missing ticket, its inaccuracy or loss shall not affect the existence and validity of the transport contract.
3. Tickets may be in the name or the carrier.
4. The price of the ticket is determined by an agreed tariff.
5. The tickets shall state that these general conditions apply to the carriage.
6. Ticket must be printed in the languages of the States where the starting and closing stop of the bus line are.
The transport contract may also include additional services provided by the carrier to passengers (bed and breakfast, etc.). The price of these services must either be shown separately on the ticket or confirmed otherwise.
After issuing the ticket, the carrier shall:
(a) to ensure a safe and comfortable journey for a passenger by bus by means of a ticket on the basis of a published timetable and under the conditions of a transport contract;
(b) provide supplementary services to passengers in accordance with Article 16;
(c) in the event that the journey has been interrupted or that there is no possibility of continuing on the bus in question, to arrange for the passenger, without additional costs, to be transported to the destination stop indicated on the ticket, and to provide him with other services which will be necessary as a result of such interruption.
If there is a situation which the carrier could not have foreseen and removed even if the care to which it is obliged is incurred, it shall have the right to withdraw the bus service on which it sold the tickets.
1. Passengers must have a ticket valid on a given bus service and present it at the request of the drivers or inspection authorities.
2. Transport shall not be permitted and may be withdrawn from the bus at the nearest stop (without the right to return the fare and freight for the luggage) of the passenger,
(a) which does not comply with the terms of the transport contract;
(b) whose conduct is improper or which harasses other passengers;
(c) which, as a result of its disease or for other reasons, is dangerous to other passengers.
The passenger shall have the right to:
(a) travel by bus route by ticket;
(b) take children, hand luggage and pets with them free of charge (or with a discount), under the terms and conditions of the fare;
(c) for the carriage of luggage in a separate designated area on the bus for a special fee, as determined by the fare;
(d) use during the journey services for which he has paid separately.
1. Bus boarding and leaving is permitted only in the places specified in the timetable; where necessary and at other places - on the instruction of the drivers according to the regulations applicable in the territory of the Contracting Party where the bus is located.
2. Passengers apparently disabled, pregnant women and passengers with children on their hands have the right to take priority.
3. The behaviour of passengers at bus stations, boarding and leaving the bus at stops are regulated by local regulations. The passenger is obliged to follow these rules and follow the instructions of the bus station staff.
1. After the start of the journey, the ticket cannot be transferred to another person. The journey shall be deemed to start as soon as the passenger has taken the bus with the intention of making the journey. The journey is considered completed as soon as the bus arrived at the destination of the passenger and the passenger left the bus.
2. The ticket does not qualify for interruption unless indicated directly on the ticket.
3. If a passenger is obliged to interrupt the journey in accordance with a decision of a border, customs or other public authority or due to a poor state of health, he shall have the right within 30 days, starting on the day of the temporary interruption of the journey, to continue the journey of one of the other bus connections if there are vacancies on the bus. In doing so, he shall submit a ticket confirming the reasons for the temporary interruption. These reasons will be confirmed in the ticket by the passengers travelling on the bus until the time of interruption or by the ticket ticket at the bus stop (if the interruption occurred at the time when the bus was at the bus stop where the ticket ticket is).
The ticket can be returned before the start of the journey at the place where it was bought or at the place where the bus leaves if there is a ticket register. In that case, the amount paid for the ticket, including the additional service fee, shall be refunded to the holder of the ticket minus 10% of the total amount of the ticket price and services. The return may be refused by the carrier if the ticket is returned later than 24 hours before the departure of the bus in accordance with the timetable for the service for which it was sold.
1. In the event of cancellation of the bus service on which the passenger purchased the ticket, the carrier shall be obliged to return the amount paid for the ticket and the charges for the additional services immediately after the service has been cancelled. In addition, the carrier shall be obliged to pay the duly demonstrated expenses incurred by the passenger in connection with his possible arrival at the boarding stop, indicated in the ticket and his return from that stop by the cheapest means of transport normally used at that point.
2. The provisions of paragraph 1 shall also apply where the original departure time of the bus on which the passenger purchased the ticket is postponed by at least one hour and the passenger was not able to use another bus of the same carrier at that time.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 39 / 1976 Coll., on the Agreement on the General Conditions for International Carriage of Bus Passengers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1976 |
|---|---|
| Effective from | 03.09.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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