Rules for the provision of services government decree. V
1. These rules (hereinafter - the Rules) are developed on the basis of and in accordance with Civil Code of the Russian Federation, the Law on the Protection of Consumer Rights, the Rules for the provision of services (performance of work) on maintenance and repair of motor vehicles and the Rules of consumer services for the population of the Russian Federation.
2. When engine parts are handed over for repair, in addition to the rules specified in clause 1, the rules for the provision of services for the repair of engine parts of MotorIntekh LLC additionally come into effect. These Rules are an integral part of each concluded contract (Order-order) for the performance of repair work and are required to be reviewed.
Acceptance of a part (assembly) of the engine for work, placing an order.
3. To accept a part (assembly) of the engine for repair, the Contractor and the Customer conclude an agreement (Order-order) of the established form.
The work order must contain:
- Contact information about the Customer (full name, address, telephone number, etc.);
- List of accepted parts and their damage;
- list of works, components and spare parts;
- the date of receipt of the order, the approximate date of execution of the order;
- vehicle brand, engine model;
- signatures of the representative of the Contractor and the Customer;
4. When placing an order, the Customer submits clean and dismantled (disassembled) parts for repair. The Contractor is not responsible for spare parts left on the parts handed over for repair, as well as for incompleteness due to the fault of the Customer.
5. If the Customer does not have the technical capability, the technological washing of parts, in agreement with the Customer, is entered into the Work Order and carried out by the Contractor. The final washing, purging and cleaning of the channels of the repaired part before assembling the engine is carried out by the Customer.
Order and terms of performance of works.
6. The start date for repair work is the first working day following the date of acceptance of parts and assemblies of motor vehicle engines for repair.
7. If the Parties agree on an advance payment, if it is necessary to perform a certain list of works (including non-standard works), 100% payment for these works is made before the start of their implementation, and the start date of the work is the first business day from the moment the Contractor receives the prepayment from the Customer.
8. In agreement with the Customer, the Contractor can complete the parts handed over for repair with spare parts and components. If the Contractor does not have the necessary spare parts or if the Customer does not agree with their cost and delivery time, the Customer shall provide the necessary spare parts on his own. In this case, the Customer is responsible for their compliance and quality.
9. If it is necessary to use component spare parts necessary for the performance of work in the repair work agreed by the Parties, payment for the component spare parts agreed by the Parties and specified in the Work Order is made by the Customer before the start of repair work, by transferring 100% of the cost of components, spare parts to the settlement account or cash desk of the Contractor, and the start date for repair work, respectively, is the first working day from the moment the Contractor makes payment.
10. The timing of the repair work is determined after disassembly and measurements of the parts (assemblies) of the car engine accepted for repair vehicle, and in individual cases upon agreement with the Customer, after carrying out preparatory and diagnostic work (determination of cracks, deformations, hidden defects). The deadlines for these works, depending on the category of complexity, are: 1st category - up to 10 working days; 2nd category - up to 20 working days; 3rd category - up to 60 working days.
11. The period of repair work is extended for the period of forced downtime caused by the expectation that the Contractor will receive the necessary spare parts and components purchased by the Customer from the Contractor or from third parties, and (or) for the time taken to agree with the Customer changes in the scope of repair work, the list spare parts and (or) their cost.
12. When repairing parts, the Contractor is guided by the dimensions, tolerances and fits established specifications manufacturer and contained in reference books and official catalogs.
13. The need to repair parts using straightening and welding of shaft journals, welding, milling the surfaces of heads and cylinder blocks, manufacturing spacer bushings, sleeves, etc. occurs when significant wear and damage to parts. The customer is warned that, according to the recommendations of the manufacturers, such parts must be replaced. In such cases, the work is performed at the request of the Customer and without a guarantee from the Contractor. The Contractor is not responsible for the discovery of hidden defects or failure of a part in the course of work and has the right to refuse further work.
14. In case of revealing hidden irreparable defects or economic inexpediency of carrying out further repairs, the Contractor notifies the Customer about this. Within a 5-day period, the parties make mutual settlements for the actually performed work, after which the parts and (or) components of motor vehicles are returned to the Customer.
15. The Customer has the right to control the progress of the repair at all its stages in agreement with the Administration of the Contractor, without interfering in the activities of the Contractor.
The procedure for payment and acceptance of work performed.
16. Refurbished parts and assemblies of motor vehicles engines and spare parts purchased by the Customer from the Contractor are issued to the Customer after 100% payment for the cost of work performed and spare parts, in accordance with the Work Order, according to the invoice issued by the Contractor, and receipt Money from the Customer to the current account or to the cash desk of the Contractor.
17. Refurbished parts and components of motor vehicles engines and spare parts are issued to the customer upon presentation of an agreement (work order), passport or other identification document, and for the representative of the Customer - also a power of attorney issued in the prescribed manner.
18. In case of loss of the contract (work order), the customer must notify the Contractor about this. In this case, the restored parts and components of motor vehicles and spare parts are issued to the Customer on the basis of his written application upon presentation of a passport or other identity document.
19. The Customer is obliged to accept the completed work from the Contractor within the time specified in the Work Order and carry out a full quality control, after which a record is made in the Work Order about the acceptance of work by the Customer. A fully executed and paid Order-work is the basis for obtaining a guarantee.
20. The usual way to accept a part (assembly) is to carry out control measurements of remanufactured engine parts and assemblies. If the Customer does not have a measuring tool to check the quality of the work performed, the Contractor provides the Customer with the opportunity to use the Contractor's micrometric tool and fixtures. In case of damage to the instrument provided for measurements, the Customer is liable.
21. Upon detection of deviations from the contract that worsen the result of the service provided (work performed), substitution constituent parts, and other shortcomings, the Customer is obliged to immediately report this to the Contractor. Mentioned disadvantages must be described in the document certifying acceptance (Order-work order), which is signed responsible person Contractor and Customer. The customer, who has discovered defects when accepting an order, has the right to refer to them, if these defects were specified in the document certifying acceptance.
22. The customer, who has accepted the work without due verification, is deprived of the right to make claims in the future, referring to the shortcomings of the work that could be detected during the usual, specified in paragraphs. 19,20,21 of these rules, the method of acceptance.
23. The Contractor, within the period for the performance of work specified in the Work Order, is responsible for the parts, assemblies and spare parts transferred to him by the Customer.
24. The contractor is responsible for the conservation and storage conditions of the parts and assemblies handed over for processing and ensures their safety within 5 days from the moment of readiness. If this period is exceeded due to the fault of the Customer, the Contractor does not guarantee the absence of chemical, mechanical or corrosive changes (damages) of the parts. Additional preservation and packaging is negotiated by the Customer separately and is included in the Work Order.
25. In the event that the Customer, without warning the Contractor, did not appear within the specified time to receive the results of the work, the Contractor shall not be liable for the accidental loss of the repaired part. The risk of accidental loss (damage, loss, etc. through no fault of the Contractor) of the part is considered transferred to the Customer at the moment when the transfer of the part was supposed to take place. (Article 705 of the Civil Code of the Russian Federation.)
26. In the event that the work performed is not paid for by the Customer, the Contractor has the right to dispose of the part put into work at its discretion after the expiration of the period specified in the Work Order. The date of payment is the date of receipt of funds to the settlement account or cash desk of the Contractor.
27. In these cases (clauses 25,26 of these Rules), after six months from the date of completion of the work, the part transferred to the Contractor is recognized as unclaimed by the Customer, and the Contractor has the right to dispose of such a part at its discretion.
Liability of the parties and filing claims.
28. In cases where the final assembly, installation and adjustment of the motor is carried out by the Customer or a third party, the Contractor is responsible only for the scope of work performed, guaranteeing only dimensional accuracy, surface quality and equipment. Warranty on the performance of the engine as a whole, in accordance with the legislation of the Russian Federation, is the responsibility of the person who assembled and started the engine (Article 706 of the Civil Code of the Russian Federation).
29. In accordance with the "Regulations on maintenance and repair." and the regulation "RD 37.009.010-85" with the current "Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles", manuals for diagnosing the technical condition, a specialist engaged by the Customer for the subsequent assembly of the engine is obliged to conduct a complete quality control of all received for the assembly of parts, including those restored by the Contractor. In view of this, the quality of parts approved for assembly is confirmed twice: when accepting work from the Contractor and before assembly. On this basis, claims for the quality of parts approved for assembly are not considered.
30. If claims are made based on the opinion of a specialist engaged by the Customer to assemble the engine, the claim is considered only in the presence of this specialist. When the Customer engages an unqualified specialist in the assembly of the engine, who did not perform quality control of all parts received in the assembly, further claims of the Customer are not considered and the Contractor's obligations to him are canceled.
31. In case of claims of the Customer to the results (quality) of the work performed by the Contractor, he has the right to declare them in writing (except for the cases set forth in clauses 25-30 of these Rules) within one calendar month from the date of acceptance of the work performed.
32. The claim is submitted by the Customer to the administration of the Contractor in writing and must contain:
- Full name, address of the Contractor, full name, position of the person in whose name it is presented (in whose person the contract was concluded);
- Full name, postal address, telephone number of the Customer;
- A statement of the circumstances referred to by the Customer as the basis of his claims; specific requirement;
- Date of submission of the claim, signature of the Customer;
- List of attached documents;
- The claim must be considered by the Contractor within 14 days from the date of receipt of it from the Customer.
Warranty obligations.
33. The warranty period (term for filing claims) for the work performed and spare parts used is one month from the date of acceptance of the work by the Customer.
34. The Contractor guarantees the compliance of the volume and quality of the work performed with the Terms of Reference agreed with the Customer and reflected in the Work Order.
35. The guarantee for the work performed is the Customer's right to free elimination of defects in the work performed by the Contractor, identified before the engine assembly, and the Contractor's obligation to eliminate these defects at his own expense and within the time agreed with the Customer. The Contractor's specialists perform work, including warranty service, only at the Contractor's production site and do not travel to the Customer.
36. The contractor is not responsible for the risks associated with the operation of the vehicle, damage to the cargo, lost commercial profit, moral damage resulting from its malfunction, etc.
Decree of the Government of the Russian Federation of January 23, 2006 N 32
"On approval of the Rules for the provision of communication services for data transmission"
In accordance with the Federal Law "On Communications" and the Law Russian Federation"On Protection of Consumer Rights" The Government of the Russian Federation decides:
Approve the attached Rules for the provision of communication services for data transmission and put them into effect from July 1, 2006.
rules
provision of communication services for data transmission
(approved by Decree of the Government of the Russian Federation of January 23, 2006 N 32)
With changes and additions from:
I. General provisions
1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, in the provision of communication services for data transmission.
2. The concepts used in these Rules mean the following:
"subscriber" - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission, when a unique identification code is allocated for these purposes;
"subscriber line"- communication line connecting the user (terminal) equipment with the communication node of the data transmission network;
"user interface"- technical and technological parameters of physical circuits connecting means of communication with user (terminal) equipment;
"user terminal"- user (terminal) equipment used by the subscriber and (or) the user to connect to the communication node of the data transmission network using a subscriber line;
"authenticity of information transfer"- one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;
"data communication service user"- a person ordering and (or) using communication services for data transmission;
"information package"- a telecommunication message that is transmitted over a data transmission network and which contains the data necessary for its switching by a communication node;
"data transfer protocol"- a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between data transmission network devices;
"providing access to the data network"- a set of actions of the communication operator of the data transmission network to form a subscriber line and connect with its help the user (terminal) equipment to the communication node of the data transmission network or provide the ability to connect the user (terminal) equipment to the data transmission network using a telephone connection or a connection over another network data transmission in order to ensure the possibility of providing the subscriber with communication services for data transmission;
"providing access to communication services for data transmission"- provision by one telecom operator of the possibility of its subscriber receiving communication services for data transmission provided by another telecom operator;
"data network connection (communication session)"- Established as a result of a call or pre-established interaction between communication facilities, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;
"technical ability to provide access to the data network"- the simultaneous presence of an unused mounted capacity of the communication center, in the coverage area of which the connection of the user (terminal) equipment to the data transmission network is requested, and unused communication lines, allowing to form a subscriber communication line between the communication node and the user (terminal) equipment;
"tariff plan" - a set of price conditions on which the telecom operator offers to use one or more data communication services;
"communication node of data transmission network"- means of communication that perform the functions of switching systems.
3. The relationship of a telecom operator providing communication services for data transfer (hereinafter referred to as the telecom operator), with a subscriber and (or) user, arising from the provision of communication services for data transfer on the territory of the Russian Federation, is carried out in Russian.
4. The communications operator is obliged to ensure the secrecy of information transmitted over the data transmission network.
Restriction of the right to secrecy of information transmitted over a data transmission network is allowed only in cases provided for by federal laws.
Information about information transmitted over a data transmission network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.
Information about a citizen subscriber that became known to the telecom operator by virtue of the execution of an agreement on the provision of communication services for data transmission (hereinafter referred to as the agreement) can be used by the telecom operator to provide reference and other information services or transferred to third parties only with written consent this subscriber, with the exception of cases provided for by federal laws.
The consent of a citizen subscriber to the processing of his personal data in order to carry out settlements by the telecom operator for the rendered communication services, as well as to consider claims is not required.
5. When emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of communication services for data transmission.
6. User (terminal) equipment (hereinafter referred to as equipment) that meets the established requirements can be connected to the subscriber line.
The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.
7. The telecom operator provides the subscriber and (or) the user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise provided by the legislation of the Russian Federation.
8. Communication services for data transmission are divided into:
communication services for data transmission, with the exception of communication services for data transmission for the purposes of transmission of voice information;
communication services for data transmission for the purposes of voice information transmission.
9. The telecom operator has the right to provide to the subscriber those communication services for data transmission, for the provision of which this telecom operator has been issued a license, in accordance with the license conditions provided for in the license issued to the telecom operator.
The provision of communication services for data transmission may be accompanied by the provision by the communication operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and these Rules.
The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.
10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transmission.
11. Paid and free information and reference services are provided in the system of information and reference services.
12. The telecom operator provides the following information and reference services free of charge and around the clock:
a) provision of information on tariffs for communication services for data transmission, on the territory for the provision of communication services for data transmission (service area);
b) providing the subscriber with information about the state of his personal account;
c) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of communication services for data transmission;
d) provision of information on the rendered communication services for data transmission and necessary explanations.
13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.
The provision of free information and reference services can be carried out using autoinformers.
14. The telecom operator independently determines the list and time of provided paid information and reference services.
15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for the conclusion and execution of the contract, which includes:
a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;
b) details of the license (licenses) issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;
c) a list of communication services for data transmission, the conditions and procedure for their provision, including the used subscriber interfaces and data transmission protocols;
d) the range of values of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values necessary for him in the contract;
e) a list and description of the advantages and limitations in the provision of communication services for data transmission;
f) tariffs for communication services for data transmission;
g) the procedure, forms and systems of payment for communication services for data transmission;
h) telephone numbers of the information and reference service system;
i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;
j) an indication of the places where the subscriber and (or) the user can fully familiarize themselves with these Rules.
16. The telecom operator is obliged, at the request of a citizen, legal entity or individual entrepreneur provide him, in addition to the information provided for in paragraph 15 of these Rules, additional information related to the provision of communication services for data transmission.
The specified information in Russian (if necessary, in other languages) in a visual and accessible form is communicated free of charge through the website of the telecom operator in the Internet information and telecommunication network and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur. At the request of the subscriber, information can be sent to the e-mail address specified by him or the electronic address of the self-service system of the telecom operator, through which the subscriber accesses information about the communication services provided to him for data transmission, settlements with the telecom operator and other information ( Personal Area).
II. The procedure and conditions for concluding an agreement
17. Communication services for data transmission are provided on the basis of a paid contract.
18. The parties under the contract are a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand.
19. To conclude an agreement, the applicant submits to the telecom operator an application in 2 copies in the form established by the telecom operator.
The application is registered by the telecom operator. One copy remains with the telecom operator, the other is handed to the applicant.
The procedure for registering applications for concluding an agreement is established by the telecom operator.
The telecom operator is not entitled to refuse the applicant to accept and consider the application.
20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.
When submitting an application for concluding an agreement, a representative of a legal entity presents a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration legal entity.
An individual entrepreneur, when submitting an application for concluding an agreement, presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.
21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for the conclusion of the contract, checks whether it is technically possible to provide access to the data transmission network. If there is such a technical possibility, the telecom operator concludes an agreement with the applicant.
22. An agreement concluded with a citizen is a public agreement. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.
23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant in writing of its refusal within a period not exceeding 10 days from the date of completion of the technical capability check.
In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the conclusion of the contract. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.
24. The agreement is concluded in writing in 2 copies, one of which is handed over to the subscriber, or by performing conclusive actions.
Through the implementation of conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at collective access points. This agreement is considered concluded from the moment the subscriber and (or) user performs actions aimed at establishing a connection over a data transmission network (communication session).
24.1. In case of conclusion fixed-term contract on the provision of one-time data transfer services at public access points, the telecom operator identifies users and the terminal equipment they use.
User identification is carried out by the telecom operator by establishing the last name, first name, patronymic (if any) of the user, confirmed by an identity document, or in another way that ensures the reliable establishment of the specified information, including using the federal state information system " one system identification and authentication in the infrastructure providing information technology interaction information systems used to provide public and municipal services in electronic form", or a reliable identification of the subscriber number assigned to the user in accordance with the contract for the provision of mobile radiotelephone services concluded with the telecom operator.
Identification of the terminal equipment is carried out by means of communication of the telecom operator by determining the unique identifier of the equipment of data transmission networks.
25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.
Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.
26. The following data must be indicated in the contract:
a) the date and place of conclusion of the contract;
b) the name (company name) of the telecom operator;
c) details of the settlement account of the telecom operator;
d) details of the license issued to the communications operator;
e) information about the subscriber:
surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;
name (company name), location, main state registration number, individual taxpayer number - for a legal entity;
details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;
f) address of equipment installation;
g) type (type) of equipment;
h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);
i) consent (refusal) of the subscriber to use information about him for information and reference services;
j) the method of delivery of the invoice for the rendered communication services for data transmission;
k) rights, duties and responsibilities of the parties;
l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of communication services for data transmission;
m) the duration of the contract.
26.1. The contract with a subscriber - a legal entity or an individual entrepreneur, in addition to the data specified in clause 26 of these Rules, provides for the obligation to provide the telecom operator with a legal entity or individual entrepreneur a list of persons using its user (terminal) equipment, and sets the deadline for providing the specified list, and it is also established that the specified list must be certified by an authorized representative of a legal entity or an individual entrepreneur, contain information about persons using its user (terminal) equipment (last name, first name, patronymic (if any), place of residence, details of an identity document), and updated at least quarterly.
27. The following essential conditions must be indicated in the contract:
a) used subscriber interfaces and data transfer protocols;
b) rendered communication services for data transmission;
c) payment system for communication services for data transmission;
d) procedure, terms and form of settlements.
28. When concluding a contract, it is not allowed to extract a number from the numbering resource of a geographically defined or geographically undefined numbering zone as a unique identification code.
29. The telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.
30. The telecom operator is not entitled to condition the provision of one communication service for data transmission by the obligatory provision of other services.
III. The procedure and conditions for the execution of the contract
31. The telecom operator is obliged:
a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;
b) to eliminate, within the established time limits, malfunctions that impede the use of communication services for data transmission. Information on the timing of the elimination of faults that prevent the use of communication services for data transmission is posted on the website of the telecom operator in the information and telecommunication network "Internet";
c) notify subscribers and (or) users at the places of work with subscribers and (or) users and through their website in the information and telecommunications network "Internet" about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs . At the request of the subscriber, notification can be carried out through the e-mail address indicated by him or the e-mail address of his personal account;
d) assign by agreement with the subscriber and (or) user new term execution of communication services for data transmission, if the failure to comply with the deadline was due to circumstances force majeure;
Information about changes:
Paragraph 31 was supplemented with subparagraph "e" from November 4, 2017 - Resolution
e) upon receipt of a relevant request from the body carrying out operational-search activities, within 3 working days from the date of receipt of such a request, send a request to the subscriber with a request to confirm the compliance of the personal data of the actual user with the information stated in the contract, indicating the date of termination of the provision of communication services in in case of non-confirmation of the compliance of personal data by one or more of the following methods:
by sending a short text message over a mobile radiotelephone network;
by sending a message using the reference and information service of the telecom operator, including autoinformer;
using the information and telecommunications network "Internet", including by sending a message via e-mail(if there is an address) or by sending a notification using the self-service system of the telecom operator, through which the subscriber has access to information about the communication services provided to him for data transmission and about settlements with the telecom operator, as well as to other information (personal account);
Information about changes:
Paragraph 31 was supplemented by subparagraph "e" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295
f) re-inform the subscriber in the manner prescribed by subparagraph "e" of this paragraph, about the timing of termination of the provision of communication services in case of failure to confirm the compliance of the personal data of the actual user with the information stated in the contract, no later than 3 days before the termination of the provision of communication services;
Information about changes:
Paragraph 31 was supplemented with subparagraph "g" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295
g) provide the subscriber with the opportunity to confirm the compliance of the personal data of the actual user with the information stated in the contract by submitting an identity document to the telecom operator, as well as using one of the methods provided by the telecom operator (if any) specified in subparagraph "e" of paragraph 32 of these Rules, informing the subscriber about such methods when sending him a request in accordance with subparagraph "e" of this paragraph, or indicating in the request the email address of the page of the telecom operator's website on the Internet information and telecommunication network, which contains information about such methods.
32. The subscriber is obliged:
a) pay a fee for the communication services provided to him for data transmission and other services provided for in the contract in full and within the terms specified by the contract;
b) do not connect to the subscriber line equipment that does not meet the established requirements;
c) notify the telecom operator, within a period not exceeding 60 days, of the termination of their right to own and (or) use the premises in which the equipment is installed, as well as the change, respectively, of the surname (first name, patronymic) and place of residence, name (company name) and location;
e) comply with the rules for operating the equipment;
Information about changes:
Paragraph 32 was supplemented by subparagraph "e" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295
f) upon receipt of a request from the telecom operator with a requirement to confirm the compliance of the personal data of the actual user with the information stated in the contract, confirm personal data by presenting an identity document to the telecom operator or one of the following methods provided by the telecom operator:
by sending to the telecom operator electronic document signed with an enhanced qualified electronic signature, or when accessing the self-service system of the telecom operator, through which the subscriber accesses information about the communication services provided to him for data transmission and settlements with the telecom operator, as well as other information (personal account), with using an enhanced qualified electronic signature;
using the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction of information systems used to provide state and municipal services in electronic form" if there is a confirmed account in the system.
33. The subscriber has the right:
a) refuse at any time unilaterally from the execution of the contract, subject to payment of the costs actually incurred by the telecom operator for the provision of data communication services to this subscriber;
b) refuse to pay for communication services not provided for by the contract for the transfer of data provided to him without his consent;
c) appoint, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if the failure to comply with the deadlines was due to force majeure circumstances, which the subscriber was informed about before the expiration of the appointed term for the provision of communication services for data transmission.
34. In order to connect to the subscriber line communication facilities that ensure the simultaneous sharing by two telecom operators of one subscriber line, the telecom operator is obliged to change the scheme for switching on the equipment operating on a separate subscriber line upon receipt from another telecom operator of a request for such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing the specified scheme are regulated by an agreement concluded between telecom operators.
35. Payment for communication services for data transmission can be carried out according to a subscriber or time-based payment system or according to the volume of received and (or) transmitted information.
36. The fee for providing access to the data transmission network by the telecom operator is charged once for each fact of providing access to the data transmission network.
The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.
37. The unit of charging for a connection over a data transmission network (communication session) is established by the communication operator, but cannot be more than 1 minute for communication services for data transmission for the purposes of voice information transmission.
Accounting for the duration of a connection over a data transmission network (communication session) is carried out in accordance with the billing unit adopted by the telecom operator.
38. The duration of the connection over the data transmission network (communication session) used to determine the amount of the fee, when transmitting voice information, is counted from 1 second after the called equipment answers until the calling or called equipment or equipment that replaces the subscriber in his absence hangs up, and when transmitting non-voice information - from the 1st transmitted byte. A connection via a data transmission network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of rendered communication services for data transmission with a time-based payment system.
39. Tariffs for communication services for data transmission, including the tariff used to pay for an incomplete unit of tariffication, are set by the telecom operator, unless otherwise established by the legislation of the Russian Federation.
40. Tariffs can be differentiated by time of day, days of the week, weekends and public holidays, by the amount of received and (or) transmitted information, and also depending on the distance between the equipment that is one side of the established connection over the data network (communication session) and the equipment that is the other side of this connection (communication session).
41. The fee for a data network connection (communication session) is determined on the basis of its duration, expressed in the number of billing units.
42. When transmitting voice information over a data network to equipment, the response signal of which is equated to the answer of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:
subscriber terminal with an answering machine function;
other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.
43. Payment for data transmission services is carried out by cash or non-cash payment in Russian rubles.
Payment for communication services for data transmission can be made by means of an advance or deferred payment or immediately after the provision of such services in points of collective access.
When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount to his personal account, from which the telecom operator withdraws payments for the communication services rendered to the subscriber for data transmission.
When paying for communication services for data transmission by means of deferred payment, payment is made at the end of the billing period. Communication services for data transmission are paid for within the period established by the telecom operator, while the specified period should not be less than 10 days from the end date of the billing period. A longer period of payment for data communication services may be stipulated by the contract.
44. The basis for billing the subscriber and (or) the user for the provided connections over the data network (communication sessions) is the data obtained using the equipment used by the telecom operator to account for the volume of rendered communication services for data transmission.
45. The payment card for communication services for data transmission contains encoded information used to inform the communication operator of information about payment for communication services for data transmission, as well as the following information:
a) the name (company name) of the telecom operator that issued the card;
b) the name of the types of communication services for data transmission, paid using the card;
c) the amount of the advance payment, the payment of which is confirmed by the card;
d) card validity period;
e) reference (contact) phone numbers of the telecom operator;
f) rules for using the payment card;
g) card identification number.
46. The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment.
The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.
47. The settlement period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.
48. The term of payment for communication services for data transmission (except for subscription fee) must not be less than 15 days from the invoice date. A longer payment period may be specified in the contract.
When paying for communication services for data transmission using a subscriber payment system, the calculation for the rendered communication services for data transmission is made no later than 10 days from the end date of the billing period.
49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber's monetary obligations and which contains:
a) details of the telecom operator;
b) information about the subscriber;
c) billing period for which the invoice is issued;
d) number of the subscriber's personal account (in case of advance payment);
e) data on the total duration of connections over the data network (communication sessions) for the billing period (with time-based accounting);
e) the total amount to be paid;
g) the amount of the balance of funds on the personal account (in case of advance payment);
h) invoice date;
i) due date for payment of the invoice;
j) the amount to be paid for each type of communication services for data transmission;
k) types of communication services provided for data transmission;
l) the date of provision of each communication service for data transmission;
m) the volume of each communication service for data transmission provided to the subscriber.
50. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered communication services for data transmission within 5 days from the date of issuing this invoice.
At the request of the subscriber, the telecom operator is obliged to detail the bill, which consists in providing additional information about the rendered communication services for data transmission, for which a separate fee may be charged.
51. The subscriber and (or) user has the right to demand the return of funds paid for the use of communication services for data transmission for the period when it was not possible to use such services through no fault of this subscriber and (or) user.
IV. The procedure and conditions for suspension, modification, termination and termination of the contract
52. In case of violation by the subscriber of the requirements associated with the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.
If such a violation is not eliminated within 6 months from the date of receipt by the subscriber from the telecom operator of a notice in writing of the intention to suspend the provision of communication services for data transmission, the telecom operator has the right to unilaterally terminate the contract.
53. At the written request of the subscriber, the telecom operator is obliged, without termination of the contract:
suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;
suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.
54. The validity of the contract may be suspended upon a written application of the subscriber in the event of leasing (sublease), lease (sublease) of the premises, including the residential premises in which the equipment is installed, for the duration of the contract of hiring (sublease), lease (sublease) . An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion contract that is suspended.
55. Amendments to the agreement concluded in writing, including those relating to the change by the subscriber of the payment system for data transmission services, are formalized by concluding additional agreement to the contract.
56. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract.
57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, a new subscriber can become:
a family member of the subscriber who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the equipment is installed;
a member of the subscriber's family who is a minor citizen as of the date of change of the contract. At the same time, before reaching the age of 14, the right to file an application to amend the contract on behalf of a minor citizen has his legal representatives.
58. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), an amendment may be made to the agreement regarding the indication of the legal successor or the new name of the subscriber - legal entity. When a legal entity is reorganized in the form of separation or division, the question of which of the successors should be entered into an agreement with is decided in accordance with the separation balance sheet.
59. In the event of termination of the contract, the communication operator's obligations to provide the subscriber with the possibility of access to communication services provided by another communication operator are terminated.
60. In case of termination of the subscriber's right to own or use the premises in which the equipment is installed, the contract with the subscriber is terminated. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.
V. Procedure for submitting and considering claims
61. The subscriber and (or) the user has the right to appeal against the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.
62. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.
63. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.
64. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide communication services for data transmission, the subscriber and (or) user submits a claim to the telecom operator before going to court.
65. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.
Claims on issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract shall be made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or invoicing for the service provided.
A copy of the contract is attached to the claim, as well as other documents necessary for considering the claim on the merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the event of a claim for damages, about the fact and amount of damage caused.
66. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.
The telecom operator must inform the subscriber and (or) user who submitted the claim in writing about the results of the consideration of the claim.
If the claim was recognized by the telecom operator as justified, the identified deficiencies are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.
If the telecom operator recognized as justified the requirements of the subscriber and (or) user to reduce the amount of payment for the rendered communication services for data transmission, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return paid for the provision of communication services for data transmission funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements are subject to satisfaction within 10 days from the date of filing a claim.
If the claim is rejected in whole or in part, or if a response is not received within the period established for its consideration, the subscriber and (or) user have the right to file a claim in court.
VI. Responsibility of the parties
67. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:
a) violation of the terms for providing access to the data transmission network;
b) violation of the terms established in the contract for the provision of communication services for data transmission;
c) failure to provide communication services for the transfer of data specified in the contract;
d) poor-quality provision of communication services for data transmission, including as a result of improper maintenance of the data transmission network;
D) cancel the contract.
69. In addition to the requirements made by a citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays a penalty to a citizen subscriber:
in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher amount of the penalty is not specified in the contract, but not more than the fee specified in the contract;
in case of violation of the established terms for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of the provision of communication services for data transmission, if a higher amount of the penalty is not specified in the contract, but not more than the cost of the service data communications.
If the cost of the communication service for data transmission is not determined, the amount of the penalty is determined based on total cost communication services for data transmission that existed in the place where the requirement of the subscriber and (or) user had to be satisfied by the telecom operator, on the day of voluntary satisfaction of such a requirement or on the day of the court decision, if the requirement of the subscriber and (or) user was voluntarily satisfied did not have.
70. In case of violation by the telecom operator of the established terms for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.
71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user has the right to demand, at their choice:
a) gratuitous elimination of shortcomings in the provision of communication services for data transmission;
b) a corresponding reduction in the cost of communication services for data transmission;
c) reimbursement of expenses incurred by them to eliminate the shortcomings of the provided communication service for data transmission on their own or by third parties.
72. In the event that the telecom operator violates the secrecy of information transmitted over the data transmission network and the requirements to restrict the dissemination of information about a citizen subscriber that became known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, compensates for the losses caused by these actions.
73. In case of non-submission, incomplete or untimely submission of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the communication services provided for data transmission and compensation for losses incurred.
74. The subscriber and (or) the user is responsible to the telecom operator in the following cases:
a) non-payment, incomplete or untimely payment for communication services for data transmission;
b) non-compliance with the rules of operation of the equipment;
c) non-compliance with the ban on connecting equipment to the subscriber line that does not meet the established requirements.
75. In case of non-payment, incomplete or untimely payment for data communication services, the subscriber and (or) user shall pay the communication operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid communication services for data transmission (unless a smaller amount is specified in the contract) for each day of delay up to the day of repayment of the debt, but not more than the amount payable.
76. In the event that the subscriber and (or) user fails to comply with the rules for operating the equipment or does not comply with the ban on connecting equipment to the subscriber line that does not meet the established requirements, the telecom operator has the right to apply to the court with a claim for compensation for the losses caused by such actions of the subscriber and (or) user.
77. The telecom operator shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.
57. Baggage delivered without reloading en route and not claimed within 30 days from the date of its arrival, baggage delivered with reloading en route, and cargo baggage not claimed within 30 days from the date of notification (in writing) of recipients about his arrival, are subject to sale in the manner prescribed
The application form, the procedure for its execution and submission are established by the rules for the carriage of goods.
The application is submitted at least 10 days before the start of cargo transportation in direct rail traffic and at least 15 days before the start of cargo transportation in direct international traffic, non-direct international traffic, direct and indirect mixed traffic, and also, if the destinations are indicated ports.
The carrier is obliged to consider the application within 2 days and, if it is possible to carry out transportation, send it to the owner of the infrastructure for approval with a mark on the approval of the application. The application agreed upon by the carrier and the owner of the infrastructure with a mark of its acceptance is returned by the carrier to the consignor no later than 3 days before the declared date for the start of transportation.
The carrier has the right to refuse to approve the application in the cases established by Article 11 of the Charter. The application in case of refusal to agree on it is returned by the carrier to the consignor with a justification of the reasons for the refusal. Refusal to accept and approve an application may be appealed in court.
61. When presenting cargo for transportation, the consignor must submit to the carrier for each shipment of cargo a waybill drawn up in accordance with the rules for the carriage of goods and other stipulated by the relevant regulatory legal acts Russian Federation documents.
When presenting cargo for transportation, the consignor must indicate in the consignment note its weight, and when presenting tare and piece cargo, also the number of packages.
The carrier, consignor or consignee must ensure, in accordance with the established procedure, the safety of transportation and other documents provided for by the rules for the carriage of goods and other regulatory legal acts.
62. The payment for the carriage of cargo and other payments due to the carrier shall be paid by the consignor until the moment of acceptance of the cargo for transportation, unless otherwise provided by the Charter or agreement of the parties.
Final settlements for the carriage of goods, including those related to it additional work(services) are produced by the consignee upon the arrival of the cargo at the railway station until the moment of their issuance. If circumstances are identified that entail the need to recalculate the cost of transportation and the amounts of other payments and fines due to the carrier, recalculation may be made after the release of the goods.
Until the consignee makes all payments due to the carrier at the railway station of destination, wagons, containers not issued to the consignee are at his responsible demurrage, and he is charged for the use of wagons, containers.
63. Cargo, including those consisting of several dissimilar items, is handed over for transportation under the general name "cargo for personal needs", indicating in the consignment note the name of each item constituting this shipment.
64. Carriage of cargo with the declaration of its value is carried out in accordance with the rules for the carriage of goods. Shipping with a declared value is subject to a fee, the rates of which are set out in the Tariff Manual. When presenting such cargo for transportation, the sender, together with the consignment note, submits to the carrier an inventory for the carriage of goods with a declared value, drawn up in 3 copies. When presented for transportation on one waybill of goods of various values, their distinctive features, the number of pieces and value are indicated in the inventory in a separate line.
65. At the request (in writing) of the consignor or consignee, the carrier may redirect the transported cargo with a change in the consignee and (or) destination station.
The application can be submitted to the carrier both at the railway station of the original destination and at the railway station of departure. The application shall be accompanied by a genuine receipt of acceptance of the goods.
The carrier's expenses arising in connection with the forwarding of cargo shall be reimbursed by the consignor or consignee, on whose initiative the forwarding is carried out.
66. The carrier is obliged to notify the consignee of the cargo arrived at his address no later than 12 noon on the day following the day the cargo arrived. Such notification shall be made in writing or by telephone, unless otherwise provided by agreement of the parties.
If the carrier does not notify the arrival of the cargo, the consignee shall be exempted from the payment for the use of wagons, containers and the payment for storage of the cargo until notification of its arrival is received.
After the cargo arrives at the destination railway station and the carrier notifies the consignee of the arrival of the cargo at his address, the responsibility for the calculations associated with the transportation lies with the consignee.
Upon the arrival of the cargo at the railway station of destination, the carrier is obliged to issue the cargo and the waybill to the consignee in the manner prescribed by the Charter
67. The carrier is obliged to deliver the goods to the destination and within the prescribed period.
Arrived in wagons, containers, cargo to be unloaded and issued in public places is stored at the destination railway station free of charge for 24 hours.
The period of free storage is calculated from 24:00 on the day of the unloading of cargo from wagons, containers provided by the carrier or from 24:00 of the day the carrier delivers wagons, containers with cargo to the place agreed by the parties for unloading cargo by the consignee.
VI. The procedure for submitting and considering claims
68. Prior to filing a claim against the carrier that arose in connection with the carriage of passengers, baggage, cargo luggage, a claim may be brought against the carrier in case of loss, shortage or damage (spoilage) of luggage, cargo luggage within 6 months, and in case of delay in the delivery of luggage and cargo luggage, departure delay or train delay - within 45 days.
The term for filing a claim is calculated in relation to:
a) compensation for damage (spoilage) or shortage of luggage, cargo luggage - from the date of issue of luggage, cargo luggage;
b) compensation for the loss of luggage, cargo luggage - after 30 days after the deadline for the delivery of luggage, cargo luggage;
e) list of attached documents.
71. The following supporting documents must be attached to the claim:
a) in case of loss of cargo luggage - a cargo luggage receipt for the acceptance of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage or a carrier's certificate of dispatch of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage, as well as a document confirming the amount of damage caused, certifying the amount and real value sent cargo;
b) in case of shortage, damage (spoilage) of cargo luggage - a cargo luggage receipt and a commercial act issued by the carrier, as well as a document confirming the amount of damage caused, certifying the quantity and actual value of the missing, damaged (spoiled) cargo luggage;
c) in case of delay in the delivery of cargo luggage - a cargo luggage receipt;
d) in case of loss of baggage - a baggage receipt;
e) in case of shortage or damage (spoilage) of baggage - a baggage receipt and a commercial act;
f) in case of delay in the delivery of baggage - an act general form;
g) in case of delay in departure or delay of the train - travel documents (tickets).
72. The carrier is obliged to consider the received claim and notify (in writing) the applicant of the results of its consideration within 30 days from the date of receipt of the claim.
In case of partial satisfaction or rejection of the applicant's claim, the carrier indicates in the notification the basis for the decision taken by him with reference to the relevant article of the Charter and returns the documents submitted along with the claim.
If the carrier satisfies the claim, the funds against the compensation for damage, fines or penalties, at the request of the applicant, are sent to the address indicated by him or are handed over to him at the location of the carrier.
73. Damage caused during the carriage of baggage, cargo baggage shall be reimbursed by the carrier in the event of:
a) loss or shortage of luggage, cargo luggage - in the amount of the cost of the lost or missing luggage, cargo luggage;
b) damage (spoilage) of luggage, cargo luggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged luggage, cargo luggage - in the amount of its value;
c) loss of baggage, cargo baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the baggage or cargo baggage.
74. When indemnifying for damage, the cost of luggage, cargo luggage is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of the seller's invoice or price in the contract - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.
The carrier, along with compensation for damage caused by the loss, shortage or damage (spoilage) of baggage, cargo baggage, returns to the passenger, recipient the payment for the carriage of baggage, cargo baggage, as well as other payments due to the passenger, recipient, collected for the transportation of lost, missing or damaged (damaged) baggage, cargo.
75. For the delay in the delivery of baggage, cargo baggage, the carrier, upon issuing them, pays to the passenger, recipient on the basis of an act drawn up at the request of the passenger, recipient, a penalty in the amount of 3 percent of the fee for the carriage of baggage, cargo baggage for each day of delay (incomplete days are considered full), but not more than in the amount of the fee for the carriage of baggage, cargo baggage.
76. Payment of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is made by the carrier at the rate of 3 percent of the fare for each full hour of delay in the departure or delay of the train. At the same time, a delay in the departure or delay of a train by less than 1 hour is not taken into account.
Payment to a passenger of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is not carried out on free travel documents (tickets), but on travel documents (tickets) issued at a discount, is made based on the price paid travel.
77. Presentation and consideration of claims in case of loss, shortage or damage (spoilage) of cargo, as well as in case of delay in the delivery of cargo, are carried out in the manner prescribed by the Charter and the rules for the carriage of goods.
The Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles.
2. Recognize as invalid:
Decree of the Government of the Russian Federation of June 24, 1998 N 639 "On approval of the Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles" (Collected Legislation of the Russian Federation, 1998, N 26, Art. 3090);
paragraph 8 of the amendments and additions made to the acts of the Government of the Russian Federation on the certification of products and services, approved by the Decree of the Government of the Russian Federation of October 2, 1999 N 1104 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, N 41, Art. 4923).
rules
provision of services (performance of works) for the maintenance and repair of motor vehicles
(approved by Decree of the Government of the Russian Federation of April 11, 2001 N 290)
With changes and additions from:
I. General provisions
1. These Rules, developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights", regulate the relations arising between the consumer and the contractor in the provision of services (performance of work) for the maintenance and repair of motor vehicles and their components (hereinafter referred to as motor vehicles facilities).
2. The terms used in these Rules mean the following:
"consumer" - a citizen who intends to order, or ordering, or using services (work) for the maintenance and repair of motor vehicles solely for personal, family, household and other needs not related to the implementation entrepreneurial activity;
"executor" - an organization, regardless of the legal form, as well as an individual entrepreneur, providing services to consumers (performing work) for the maintenance and repair of motor vehicles under a reimbursable contract (hereinafter referred to as the contract).
II. Information about services (works), the procedure for accepting orders and drawing up contracts
3. The contractor is obliged to bring to the attention of the consumer the company name (name) of his organization, location (legal address) and mode of operation. This information must be posted on the sign.
The contractor - an individual entrepreneur must provide information on state registration indicating the name of the body that registered it.
In the event of a temporary suspension of the organization's activities for sanitary, repair and other measures, the contractor is obliged to inform consumers about the date of suspension of work and the time during which the organization will not carry out its activities.
If the type of activity carried out by the contractor is subject to licensing, the consumer must be provided with information about the number of the license, its validity period and the authority that issued the license.
4. Before the conclusion of the contract, the contractor is obliged to provide the consumer with the necessary reliable information about the services provided (works performed), which ensures the possibility of their correct choice.
This information should be placed in the room where orders are received, in a place convenient for viewing, and must contain:
a) a list of services provided (works performed) and forms of their provision;
b) the names of the standards, the mandatory requirements of which must comply with the services provided (work performed);
c) information on mandatory confirmation of compliance of the services provided (works performed) with the established requirements, if such services (works) are subject to mandatory confirmation of compliance (number and validity period of the document confirming compliance, the body that issued it);
d) prices for services rendered (works performed), as well as prices for spare parts and materials used in this case, and information on the procedure and form of payment;
e) warranty periods, if any;
f) information on the timing of orders;
g) an indication of a specific person who will provide a service (perform work) and information about him, if it matters based on the nature of the service (work).
5. Information on the mandatory confirmation of the compliance of the services provided (works performed) with the mandatory requirements that ensure their safety for the life and health of consumers, environment and prevention of harm to consumers' property, is also provided in the form of marking in the prescribed manner with a mark of conformity.
6. The contractor is also obliged to provide the consumer for review:
a) these Rules;
b) the address and telephone number of the consumer rights protection unit of the local government, if such a unit exists;
c) samples of contracts, work orders, acceptance certificates, receipts, coupons and other documents certifying the acceptance of the order by the contractor, execution of the contract and payment for services (works) by the consumer;
d) a list of categories of consumers entitled to receive benefits, as well as a list of benefits provided in the provision of services (performance of work), in accordance with federal laws and other regulatory legal acts.
The contractor is obliged to inform the consumer, at his request, of other information related to the contract and the relevant service (work performed).
7. After the provision of the service (performance of work), the consumer must be brought to the attention by providing technical documentation, marking or otherwise accepted for certain types of services (works), the following information:
a) on the rules and conditions for the effective and safe use of the results of the provision of services (performance of work);
b) on the service life or expiration date, as well as on the necessary actions of the consumer after the expiration of the specified periods and the possible consequences of failure to perform such actions, if after the expiration of the specified periods the motor vehicles pose a danger to the life, health and property of the consumer or become unsuitable for their intended use .
8. The contractor is obliged to timely provide the consumer with information about his organization and about the services provided (works performed) in a clear and accessible form, also in cases where the service is carried out outside the permanent location of the organization (in temporary premises, mobile teams, etc.).
9. Information must be communicated to the consumer in Russian and additionally, at the discretion of the performer, in the state languages of the constituent entities of the Russian Federation and the native languages of the peoples of the Russian Federation.
10. The contractor is obliged to comply with the established (announced) mode of operation, which for state and municipal organizations established respectively by the executive authorities of the constituent entities of the Russian Federation and local governments.
The mode of operation of organizations of a different organizational and legal form, as well as individual entrepreneurs, is established by them independently.
11. The contractor is obliged to have a book of reviews and suggestions, which is provided to the consumer at his request.
12. The contractor accepts for implementation (performance) only those services (works) that correspond to the nature of its activities.
The provision of services (performance of works) is carried out on a preliminary request or without it.
An application for the provision of a service (performance of work) can be submitted by the consumer in writing, as well as orally (by telephone). On the basis of the application, the contractor sets the date and time for the consumer to arrive and provide the motor vehicle for the provision of the service (performance of work). The Contractor is obliged to ensure registration of applications.
If the consumer does not arrive at the place of work at the appointed time, then his service is carried out in the order of the general queue.
13. The contractor is obliged to conclude an agreement if it is possible to provide the declared service (perform the declared work).
The Contractor is not entitled to give preference to one consumer over another in relation to the conclusion of the contract, except as provided by law and other regulatory legal acts.
14. The contract is concluded upon presentation by the consumer of an identity document, as well as documents proving the ownership of the motor vehicle (registration certificate, passport of the motor vehicle, reference-account). When handing over for repair individual components of a motor vehicle that are not numbered, the presentation of these documents is not required.
The consumer, who is not the owner of the motor vehicle, presents a document confirming the right to operate the motor vehicle.
A consumer who enjoys the right to preferential service presents documents confirming that he has such a right. The right to preferential service is retained by him even in cases where he uses a motor vehicle by proxy.
When drawing up and fulfilling the contract, the documents presented by the consumer are not withdrawn.
15. The contract is concluded in writing (work order, receipt or other document) and must contain the following information:
a) company name (name) and location (legal address) of the executing organization (for an individual entrepreneur - last name, first name, patronymic, information on state registration);
b) last name, first name, patronymic, phone number and address of the consumer;
c) the date of acceptance of the order, the timing of its execution. If the provision of services (performance of work) is carried out in installments during the term of the contract, the contract must accordingly provide for the terms (periods) for the provision of such services (performance of such work). By agreement of the parties, the contract may also provide for intermediate deadlines for the completion of certain stages of the provision of services (performance of work);
d) the price of the service (work performed), as well as the procedure for its payment;
e) brand, model of motor vehicle, state license plate, numbers of main units;
f) the price of a motor vehicle, determined by agreement of the parties;
g) a list of services rendered (works performed), a list of spare parts and materials provided by the contractor, their cost and quantity;
h) a list of spare parts and materials provided by the consumer, indicating information on the mandatory confirmation of their compliance with mandatory requirements, if such requirements are established by federal laws or in accordance with the procedure established in accordance with them, in particular standards;
i) warranty periods for the results of work, if any;
j) position, surname, name, patronymic of the person accepting the order (drawing up the contract), his signature, as well as the signature of the consumer;
k) other necessary data related to the specifics of the services provided (works performed).
16. The contractor is obliged to provide the service (perform work) specified in the contract, using its own spare parts and materials, unless otherwise provided by the contract.
17. An agreement executed in the presence of the consumer (tire inflation, diagnostic work, some maintenance and repair work, washing, and others) can be executed by issuing a receipt, token, coupon, cash receipt etc.
18. If the consumer leaves the contractor a motor vehicle for the provision of services (performance of work), the contractor is obliged to draw up an acceptance certificate simultaneously with the contract, which indicates the completeness of the motor vehicle and visible external damage and defects, information on the provision by the consumer of spare parts and materials indicating their exact name, description and price.
The acceptance certificate is signed by the responsible person of the contractor and the consumer and certified by the seal of the contractor (if there is a seal).
Copies of the contract and acceptance certificate are issued to the consumer.
19. In case of loss of the contract, the consumer must notify the contractor. In this case, the motor vehicle is issued to the consumer on the basis of his written application upon presentation of a passport or other identification document.
20. The consumer has the right, at his choice, to entrust the contractor with carrying out certain types of maintenance and repair work.
The contractor is not entitled to provide additional services (perform work) for a fee without the consent of the consumer, as well as condition the provision of some services (performance of work) on the mandatory performance of others.
The consumer has the right to refuse to pay for services rendered without his consent (work performed), and if they have already been paid, to demand the return of the amounts paid for them.
21. The contractor is obliged to immediately notify the consumer and, until receiving instructions from him, suspend the provision of the service (performance of work) in the event of:
a) detection of unsuitability or poor quality of spare parts and materials received from the consumer;
b) if compliance with the instructions of the consumer and other circumstances depending on the consumer may reduce the quality of the service provided (work performed) or lead to the impossibility of completing it on time.
22. The contractor who did not warn the consumer about the circumstances specified in paragraph 21 of these Rules or continued to provide the service (performance of work) without waiting for the expiration of the period specified in the contract (and in its absence, a reasonable period for responding to the warning) or not taking into account the timely indication of the consumer on the termination of the provision of services (performance of work), is not entitled to refer to these circumstances when presenting to him or them to the consumer the relevant requirements.
If the consumer, despite a timely and reasonable warning from the contractor, does not replace unsuitable or substandard spare parts and materials within a reasonable time, does not change instructions on the method of providing the service (performance of work), or does not eliminate other circumstances that may reduce the quality of the service provided ( performed work), the contractor has the right to terminate the contract and demand full compensation for losses.
III. Procedure for payment for services rendered (work performed)
23. The procedure for payment for the service rendered (work performed) is determined by the contract between the consumer and the contractor.
The consumer is obliged to pay for the service (work performed) provided by the contractor in full after it is accepted by the consumer. With the consent of the consumer, the service (work) can be paid by him at the conclusion of the contract in full or by issuing an advance payment.
Spare parts and materials provided by the contractor are paid by the consumer at the conclusion of the contract in full or in the amount specified in the contract, with the condition of final payment upon receipt by the consumer of the service provided by the contractor (work performed), unless a different procedure for payment for spare parts and materials of the contractor is provided by the agreement sides.
In accordance with the contract, spare parts and materials can be provided by the contractor on credit, including the condition of payment by the consumer in installments.
24. The price of the service provided (work performed) in the contract is determined by agreement between the contractor and the consumer. If the price for any type of service (work) is set or regulated government bodies, then the price determined by the contract between the contractor and the consumer cannot be higher than it.
25. An estimate may be drawn up for the provision of the service (performance of work) provided for by the contract. Drawing up such an estimate at the request of the consumer or contractor is mandatory.
In cases where the service (work) is provided (performed) in accordance with the estimate drawn up by the contractor, the estimate becomes part of the contract from the moment it is confirmed by the consumer.
26. Estimates may be approximate or firm. In the absence of other indications in the contract, the estimate is considered firm.
The contractor is not entitled to demand an increase in a firm estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of services to be provided (performance of work) or the costs necessary for this.
The contractor has the right to demand an increase in the firm estimate in case of a significant increase in the cost of spare parts and materials provided by the contractor (as well as services provided to him by third parties), which could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.
If there is a need to provide additional services (performance of additional work) and a significant excess of the approximate estimate for this reason, the contractor is obliged to warn the consumer in a timely manner. If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay for the part of the service provided (the part of the work performed).
The contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for the service (work) within the approximate estimate.
IV. The procedure for the provision of services (performance of work)
27. The quality of the services provided (works performed) must comply with the terms of the contract, and in the absence of quality requirements in the contract or if they are insufficient, the requirements usually imposed on the quality of services (works) of this kind.
If federal laws or in the manner established in accordance with them, in particular standards, provide for mandatory requirements to the services rendered (work performed), the contractor must provide a service (perform work) that meets these requirements.
28. The contractor is obliged to provide a service (perform work) within the time limits stipulated by the contract.
When rendering services (performing work) with a visit to the consumer, the contractor ensures the presence of his employees, the delivery of spare parts and materials, technical means and tools at the time agreed with the consumer, and the consumer is obliged to create the necessary conditions for the provision of services (performance of work).
29. The consumer's request for the provision of additional services (performance of additional work) is formalized by the contract.
30. If in the course of the provision of services (performance of work) deficiencies that threaten traffic safety are identified, the performer is obliged to act in the manner prescribed by paragraph 21 of these Rules.
If the consumer disagrees with the work to eliminate malfunctions identified in the process of providing services (performance of work) and threatening traffic safety, or if it is impossible to eliminate these malfunctions in the process of repairing a motor vehicle in all copies of the acceptance certificate or in another document confirming acceptance, a record is made about the presence of such faults. The specified record is certified by the responsible person of the contractor and the consumer.
31. The consumer has the right at any time to check the progress and quality of the provision of services (performance of work), without interfering in the activities of the contractor. The contractor is obliged to ensure that the consumer is in industrial premises taking into account the observance of the technological mode of operation, safety regulations, fire safety and industrial sanitation.
32. The consumer has the right to terminate the contract at any time by paying the contractor a part of the price in proportion to the part of the service rendered (work performed) before receiving a notice of termination of the said contract and reimburse the contractor for the expenses incurred by him up to that moment in order to fulfill the contract, if they are not included in the specified part of the price of the service (work).
33. The motor vehicle is issued to the consumer or his representative after full payment for the service rendered (work performed) upon presentation of the acceptance certificate and contract (receipt, etc.), passport or other identification document, and for the representative of the consumer - also a power of attorney issued according to established order.
34. The issuance of a motor vehicle to the consumer is carried out after the contractor controls the completeness and quality of the service provided (work performed), completeness and safety presentation motor vehicle.
35. The consumer is obliged, in the manner and within the time limits stipulated by the contract, to check, with the participation of the contractor, the completeness and technical condition motor vehicle, as well as the volume and quality of the service provided (work performed), the serviceability of the units and assemblies that have undergone repair, and accept the service rendered (work performed). Upon detection of deviations from the contract that worsen the result of the service rendered (work performed), the replacement of components, the incompleteness of the motor vehicle and other shortcomings, the consumer is obliged to immediately report this to the contractor. These shortcomings must be described in the acceptance certificate or other document certifying acceptance, which is signed by the responsible person of the contractor and the consumer. The consumer, who discovered shortcomings upon acceptance of the order, has the right to refer to them if these shortcomings were specified in the acceptance certificate or other document certifying acceptance, or the possibility of subsequent presentation of requirements for their elimination.
Unless otherwise provided by the contract, the consumer who accepted the order without checking is deprived of the right to refer to defects that could be detected during the usual method of acceptance (obvious defects).
The consumer who, after accepting the order, discovered that the execution of the order did not comply with the contract or other shortcomings that could not be established with the usual method of acceptance (hidden shortcomings), including those that were deliberately hidden by the contractor, are obliged, upon their discovery, to notify the contractor about this within a reasonable time .
After the execution of the contract or the consumer's refusal to fulfill it, the contractor is obliged to issue to the consumer invoices for the numbered units newly installed on the motor vehicle, submit to the consumer a report on the expenditure of spare parts and materials paid for by him and return their balances or, with the consent of the consumer, reduce the price of the service (work) taking into account the cost of unused spare parts and materials remaining with the contractor, as well as return the replaced (faulty) components and parts.
36. In case of complete or partial loss (damage) of a motor vehicle (spare parts and materials) received from the consumer, the contractor is obliged to notify the consumer about this and within 3 days transfer the motor vehicle (spare parts and materials) of the same quality to the consumer free of charge or reimburse in 2 times the price of the lost (damaged) motor vehicle (spare parts and materials), as well as the costs incurred by the consumer.
In the case of the provision of a service (performance of work) using spare parts and materials provided by the consumer, the contractor is exempted from liability for their complete or partial loss (damage), if the consumer is warned by the contractor about their special properties that may entail their complete or partial loss ( damage).
37. In the event of a disagreement between the consumer and the contractor regarding the shortcomings of the service provided (work performed) or their reasons, the contractor is obliged, on his own initiative or at the request of the consumer, to send the motor vehicle for examination and pay for its implementation.
If the examination establishes the absence of violations by the contractor of the terms of the contract or a causal relationship between the actions of the contractor and the identified shortcomings, the expenses for the examination shall be borne by the party on whose initiative (requirement) it was carried out, and if the examination is appointed by agreement of the parties, the contractor and the consumer equally.
V. Responsibility of the performer
38. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under federal laws and the contract.
39. If the consumer is not given the opportunity to obtain information about the service (work) at the conclusion of the contract, he has the right to demand from the contractor compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, terminate it within a reasonable time and demand the return of the paid for services ( work) amount and compensation for other damages.
The Contractor, who has not provided the consumer with complete and reliable information about the service (work), shall be liable, provided for in paragraph 40 of these Rules, for the shortcomings of the service (work) that arose after it was accepted by the consumer due to the lack of such information.
40. In case of detection of shortcomings in the rendered service (performed work), the consumer has the right, at his choice, to demand from the contractor:
a) gratuitous elimination of defects;
b) a corresponding reduction in the price set for the work;
c) gratuitous re-performance of work;
d) reimbursement of expenses incurred by him to correct deficiencies on his own or by third parties.
The consumer has the right to refuse to perform the contract and demand full compensation for losses if the shortcomings of the service rendered (work performed) are not eliminated by the contractor within the period established by the contract. The consumer also has the right to refuse to perform the contract if he discovers significant shortcomings in the service provided (work performed) or significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with the shortcomings of the service provided (work performed). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.
41. Claims related to shortcomings of the rendered service (performed work) may be presented upon acceptance of the rendered service (performed work), in the course of rendering the service (performance of work) or, if it is impossible to detect shortcomings in the acceptance of the rendered service (performed work), in during the warranty period, and in its absence - within a reasonable time, within 2 years from the date of acceptance of the service rendered (work performed).
42. The contractor is responsible for the shortcomings of the service rendered (work performed), for which the warranty period is not established, if the consumer proves that they arose before he accepted it or for reasons that arose before that moment.
The Contractor is responsible for the shortcomings of the rendered service (performed work), for which the warranty period is established, unless he proves that they arose after the acceptance of the rendered service (performed work) by the consumer as a result of his violation of the rules for using the result of the rendered service (performed work), actions of third parties or force majeure.
In the event that the warranty period provided for by the contract is less than 2 years and the defects in the service provided (work performed) are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to make claims under paragraph 40 of these Rules if he proves that such defects arose before he accepted the result of the rendered service (work performed) or for reasons that arose before that moment.
43. Shortcomings of the rendered service (performed work) must be eliminated by the performer within the reasonable period specified by the consumer, which is indicated in the contract.
44. In the event that significant shortcomings of the rendered service (performed work) are revealed, the consumer has the right to present the contractor with a demand for the free elimination of shortcomings, if he proves that the shortcomings arose before he accepted the result of the rendered service (performed work) or for reasons that arose before that moment. This requirement may be brought if such shortcomings are discovered after 2 years from the date of acceptance of the result of the rendered service (performed work), but within the service life established for the result of the rendered service (performed work) or within 10 years from the date of acceptance of the result of the rendered service (work performed) by the consumer, if the service life is not established. If this requirement not satisfied within 20 days from the date of its presentation by the consumer or the discovered defect is irreparable, the consumer, at his choice, has the right to demand:
a) a corresponding reduction in the price for the service rendered (work performed);
b) reimbursement of expenses incurred by him to eliminate the shortcomings of the rendered service (performed work) on his own or by third parties;
c) refusal to perform the contract and compensation for losses.
45. The contractor who provided spare parts and materials for the provision of services and performance of work is responsible for their quality in accordance with the rules of the seller's responsibility for goods inadequate quality in accordance with the civil legislation of the Russian Federation.
46. If the contractor violated the terms for the provision of a service (performance of work), the start and (or) end dates for the provision of a service (performance of work) and (or) the intermediate terms for the provision of a service (performance of work) or during the provision of a service (performance of work) it became obvious, that it will not be completed on time, the consumer, at his choice, has the right:
The consumer has the right to present him with other requirements established by paragraph 46 of these Rules.
49. In case of refusal to perform the contract, the performer is not entitled to demand reimbursement of his expenses incurred in the process of providing the service (performing work), as well as payment for the service rendered (performed work), unless the consumer accepted the rendered service (performed work).
50. In case of violation of the established deadlines for the provision of a service (performance of work) or new deadlines assigned by the consumer, the contractor shall pay the consumer for each day (hour, if the deadlines are determined in hours) of delay a penalty (penalty) in the amount of 3 percent of the price for the provision of the service (performance of work), and if the price for the provision of a service (performance of work) is not determined by the contract, - the total price of the service (work). The contract may establish a higher amount of the penalty (fines).
A penalty (penalty) for violation of the deadlines for the start of the provision of the service (performance of work), its stage (if the stages of the provision of the service (performance of work) are defined in the contract) shall be charged for each day (hour, if the terms are specified in the contract in hours) of delay until the start of the provision of the service (performance of work), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.
A penalty (penalty) for violation of the deadlines for the completion of the provision of a service (performance of work), its stage (if the stages of the provision of a service (performance of work) are defined in the contract) shall be collected for each day (hour, if the terms are specified in the contract in hours) of delay until the end of the provision of the service (performance of work), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.
The amount of the penalty (penalties) collected by the consumer cannot exceed the price separate species provision of a service (performance of work) or the total price of the order, if the price of performing a particular type of service (work) is not specified in the contract.
51. In case of non-fulfillment of the order within the established time limits, in addition to paying the penalty, the consumer must be refunded in full the extra charge for urgency, if such was provided for by the contract.
52. Losses caused to the consumer are subject to compensation in full in addition to the penalty (fines), statutory or contract, unless otherwise provided by law.
Satisfaction of the consumer's requirements for the gratuitous elimination of deficiencies or for the re-provision of a service (performance of work) does not relieve the contractor from liability in the form of payment of a penalty for violating the deadline for the provision of a service (performance of work).
53. Damage caused to the life, health and property of the consumer as a result of deficiencies in the rendered service (performed work) for the maintenance and repair of motor vehicles is subject to compensation in full in the manner prescribed by federal laws.
54. The procedure and terms for satisfying the requirements of the consumer by the contractor, as well as liability for violation of these terms, are regulated by the Law of the Russian Federation "On Protection of Consumer Rights".
55. State control for compliance with these Rules, carry out federal Service on supervision in the field of consumer rights protection and human well-being (its territorial bodies), as well as other federal authorities executive authorities (their territorial bodies) within their competence.
In accordance with Article 3 of the Federal Law "Charter of Railway Transport of the Russian Federation" and Article 38 of the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to business activities.
2. Recognize as invalid:
Decree of the Government of the Russian Federation of March 11, 1999 No. 277 "On Approval of the Rules for the Provision of Services for the Transportation of Passengers, as well as Cargo, Luggage and Cargo Luggage for Personal (Household) Needs on Federal Railway Transport" (Collected Legislation of the Russian Federation, 1999, No. 11 , article 1311; 2001, No. 6, article 574);
Decree of the Government of the Russian Federation of January 29, 2001 No. 62 "On Amendments and Additions to the Rules for the Provision of Services for the Transportation of Passengers, as well as Cargo, Baggage and Cargo Luggage for Personal (Household) Needs on Federal Railway Transport, approved by the Decree of the Government of the Russian Federation dated March 11, 1999 No. 277" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 6, Art. 574).
Prime Minister
Russian Federation
M. Fradkov
Rules for the provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to business activities
(as amended by Decrees of the Government of the Russian Federation No. 767 dated 12/14/2006, No. 411 dated 05/14/2013, No. 597 dated 17.06.2015, No. 1678 dated 12/26/2018, as amended by the decision of the Supreme Court of the Russian Federation dated 21.02.2007 No. GKPI06 -1433)
I. General provisions
1. These Rules, developed in accordance with federal law The "Charter of the Railway Transport of the Russian Federation" (hereinafter referred to as the Charter) and the Law of the Russian Federation "On the Protection of Consumer Rights" govern relations arising between carriers and individuals - passengers, consignors (senders) and consignees (recipients) (hereinafter referred to as users) when provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to entrepreneurial activities (hereinafter referred to as services).
2. When providing services, all users are provided with the same terms of service and payment for the services provided. The legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation may provide certain categories of service users with other terms of payment for the services rendered.
3. In accordance with the contract for the carriage of a passenger, the carrier is obliged to transport the passenger to the point of destination with the provision of a seat on the train, and in the case of the passenger's baggage, to deliver the baggage to the point of destination and give it to the person authorized to receive the baggage.
In accordance with the contracts for the carriage of goods, cargo luggage, the carrier is obliged to deliver the cargo, cargo luggage entrusted to him by the consignor (sender) to the destination point and issue it to the person authorized to receive the cargo, cargo luggage.
The passenger is obliged to pay according to the established tariffs for his travel, transportation of luggage (in case of its delivery), and the consignor (sender) - for the carriage of cargo, cargo luggage.
Tariffs, fees and charges for services, as well as the procedure for their introduction (change) are established in accordance with the legislation of the Russian Federation.
4. The conclusion of a contract for the carriage of a passenger is certified by a travel document (ticket), the delivery of baggage by a passenger - by a baggage receipt. The conclusion of a contract for the carriage of cargo luggage and its delivery to the carrier is certified by a baggage receipt, the conclusion of a contract for the carriage of goods - by a railway waybill (hereinafter referred to as the waybill) and a receipt issued on its basis by the carrier to the consignor of cargo acceptance.
5. The relationship between the carrier and users in the provision of services not provided for by these Rules is governed by the Civil Code of the Russian Federation, the Charter, as well as the rules for the carriage of passengers, baggage, cargo luggage by rail (hereinafter referred to as the rules for the carriage of passengers, baggage, cargo luggage) approved by the Ministry of Transport of the Russian Federation and the rules for the carriage of goods by rail (hereinafter referred to as the rules for the carriage of goods).
II. Information about the services provided
6. The Carrier ensures timely provision of service users (in a visual and accessible form) with reliable information, including:
a) list of works and services, their cost;
b) the name and location (legal address) of the carrier, the location of the carrier's subdivision authorized to receive and consider claims against the carrier;
c) information about the carrier's license to transport passengers, luggage, cargo and (or) cargo luggage (number, validity period, name of the issuing authority);
(clause "c" as amended by Decree of the Government of the Russian Federation of December 14, 2006 N 767)
d) the cost of travel for passengers and the carriage of hand luggage in excess of the established norm, as well as the transportation of goods, luggage, cargo luggage;
e) time of departure and arrival of trains;
f) terms of sale of travel documents (tickets);
g) a list of things (items) prohibited for transportation and storage as hand luggage, luggage, cargo luggage;
h) opening hours of ticket and luggage offices, goods offices and hand luggage storage;
i) the location of the station premises, common areas of railway stations intended for passenger service, work with luggage, cargo luggage, and places for weighing hand luggage;
j) the time of arrival at the railway station of destination of the baggage that follows without reloading along the route;
k) the procedure for providing seats in passenger lounges and mother and child rooms;
l) a list of categories of citizens who are granted the right to free travel or the right to pay for travel at a discount in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;
m) information about the contract (contracts) of compulsory and (or) voluntary insurance (number, date of conclusion, validity period) and the insurer (insurers) (name, location, postal address, telephone number);
(paragraph "n" as amended by Decree of the Government of the Russian Federation of 14.05.2013 N 411)
o) a list of services included in the fare in luxury carriages;
o(1)) information on the possibility of acquiring a travel document (ticket) for the train long distance at a fare providing for the condition of receiving back the fare when returning an unused travel document (ticket) in accordance with the provisions of part three of Article 83 of the Charter, or at a fare that does not provide for such a condition;
(Item "o(1)" was introduced by Decree of the Government of the Russian Federation of December 26, 2018 N 1678)
o) other information about the services provided.
7. The information specified in clause 6 of these Rules is provided free of charge at railway stations, railway stations, trains and other places of user service in Russian, and also at the discretion of the carrier - additionally in the state languages of the constituent entities of the Russian Federation and other languages of the peoples of the Russian Federation taking into account the interests of the population, and the information specified in subparagraph "o (1)" of paragraph 6 of these Rules is also provided on the official website of the carrier or a person authorized by him in the information and telecommunication network "Internet".
(as amended by Decree of the Government of the Russian Federation of December 26, 2018 N 1678)
8. The carrier is obliged, at the request of users of the services, to provide (at railway stations and railway stations) for review these Rules, as well as the rules for the carriage of passengers, baggage, cargo luggage and the rules for the carriage of goods.
For the issuance of certificates in writing, including certificates not related to the provision of services, a fee is charged in the manner prescribed by the rules for the carriage of passengers, baggage, cargo luggage.
9. Bringing to the attention of passengers the schedule of passenger, including suburban, and mail-luggage trains is provided by the carrier using wall-mounted information carriers, special information stands and reference books. About changes in the timetable passenger trains announced over the speakerphone at railway stations and railway stations.
10. Information about changes in regulated tariffs, rates of payment and fees for services is published by the Ministry of Transport of the Russian Federation in the printed publication of the specified body:
- in relation to the carriage of passengers, luggage and cargo luggage - no later than 5 days before their entry into force;
- in relation to the carriage of goods - no later than 10 days before their entry into force.
III. The procedure for the provision of services for the transportation of passengers and storage of hand luggage
11. An individual has the right to purchase a travel document (ticket) for any long-distance train and for any wagon to the destination railway station indicated by him, open for passenger transportation operations.
12. To travel on a long-distance train, a passenger must have a travel document (ticket), and the carrier or other person authorized by the carrier must issue a travel document (ticket) if there is a free seat on the train to the destination railway station specified by the passenger.
13. When traveling on a long-distance train, a passenger has the right to:
a) carry 1 child under the age of 5 years free of charge, if he does not occupy a separate seat, as well as children aged 5 to 10 years old with payment in accordance with the tariff;
b) carry hand luggage with you, in addition to small items, in the manner and under the conditions provided for by these Rules and the rules for the carriage of passengers, luggage, cargo luggage;
c) check in luggage for transportation;
d) to occupy an empty seat in the carriage for more than high category in the manner prescribed by the rules for the carriage of passengers, luggage, cargo luggage;
e) make a stopover along the way with an extension of the validity of the travel document (ticket) for no more than 10 days;
f) extend the validity of the travel document (ticket) for a period of time until the departure of the next train in which he will be given a seat, or receive back the full fare, consisting of the cost of the travel document (ticket), the cost of a reserved seat and fees, if any, were charged upon purchase travel document (ticket), in case of refusal to travel, in case of failure to provide the seat indicated in the travel document (ticket), and disagreement to use another seat on the train for which the travel document (ticket) was purchased;
g) extend the validity of the travel document (ticket) in case of illness on the way for the duration of the illness, confirmed by the documents of the medical institution;
h) leave (subject to availability) by a train departing earlier than the train for which a travel document (ticket) was purchased, with the necessary mark at the railway ticket office in the manner determined by the rules for the carriage of passengers, luggage, cargo luggage;
i) receive from the carrier the full fare for the distance not covered, regardless of the period for returning the travel document (ticket) before the train departure in case of cancellation of the train departure or delay in the departure of the train;
j) receive from the carrier the full fare when returning the travel document (ticket) at the transfer point in case of being late due to the fault of the carrier for the train for which the travel document (ticket) was purchased, or reissue the travel document (ticket) to leave with the first departing train, in which there will be free places, without charging a surcharge.
A similar procedure applies in the event of the arrival of a passenger on a train with which a non-stop carriage runs, after the departure of a train intended for re-coupling such a carriage;
k) receive from the carrier the full fare for the distance not traveled when the trip is terminated on the route due to a break in the movement of trains;
l) to renew the validity of a travel document (ticket) for another train, subject to additional payment of the cost of a reserved seat due to being late for the train within 12 hours or due to illness, accident within 5 days from the date of departure of the train for which the travel document (ticket) was purchased, or receive back the fare minus the cost of the reserved seat in case of cancellation of the trip.
14. To travel on a suburban train, a passenger must purchase a ticket for a single trip there or there and back, or a subscription ticket of the established form.
15. When traveling on a suitable train, a passenger has the right to:
a) carry free of charge children under the age of 5 years, as well as children aged 5 to 7 years old with payment in accordance with the tariff;
b) carry hand luggage with you in the manner and under the conditions provided for by these Rules;
c) receive the full fare in the event of an unscheduled interruption in the movement of trains for more than an hour in the manner prescribed by the rules for the carriage of passengers, luggage, cargo luggage. However, in other cases, refunds for unused tickets for a single trip are not made. Refunds on unused subscription tickets are made in the manner and cases provided for by the rules for the carriage of passengers, baggage, cargo luggage.
16. An individual who has the right to pay the fare at a discount on a long-distance train enjoys this right in cars of all categories of the specified train, and a person who has the right to travel free of charge - in rigid cars with 4-seater compartments of an express train or in train cars lower category, unless otherwise provided by the legislation of the Russian Federation.
An individual who has the right to pay the fare at a discount or free travel on a suburban train, enjoys this right on all suburban trains, unless otherwise provided by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
17. The carrier has the right to refuse to sell a travel document (ticket) to a passenger:
a) in the absence of empty seats on the train (with the exception of suburban trains, in which seats are not provided);
b) in the absence of a train stop for embarkation and disembarkation of a passenger at the destination indicated by the passenger.
18. The carrier has the right to refuse to sell a passenger a travel document (ticket) with payment of the fare at a discount or a free travel document (ticket) in the absence or presentation of an incorrectly executed document confirming the right to pay the fare at a discount or free travel.
19. Issuance of a travel document (ticket) for a long-distance train is made on the basis of information about the identity document of the passenger (passport, military ID, identity card or other identification document, and for children under 14 years of age - a birth certificate or other identity document), and for persons entitled to pay the fare at a discount or free travel, in addition, on the basis of documents confirming the specified right.
When issuing a travel document (ticket) for a long-distance train, the indication in it of the passenger's surname and the number of the identity document is mandatory.
When receiving a travel document (ticket), the passenger must verify the correctness of the surname indicated in it, the number of the identity document, the details of the trip (date of departure, train number, railway stations of departure and destination) and other information.
20. Issuance of a travel document (ticket) for a suburban train to a person who has the right to pay the fare at a discount or free travel is made upon presentation of an identity document and documents confirming the specified right.
21. For a child under the age of 5 traveling with an adult on a long-distance train, if he does not occupy a separate seat, a travel document (ticket) is issued.
23. The procedure and terms for the sale of travel documents (tickets), as well as the procedure for the operation of railway stations and railway stations, are determined by the rules for the transportation of passengers, baggage, cargo luggage based on the technological features of the functioning of railway transport.
24. The carrier may sell travel documents (tickets) for the carriage of groups of passengers on long-distance trains at the request of organizations.
The procedure and terms for accepting applications from organizations for the sale of travel documents (tickets) for the carriage of groups of passengers, as well as the procedure for issuing them, returning unused travel documents (tickets) and paying the cost of returned travel documents (tickets) are established by the rules for the transportation of passengers, luggage, cargo luggage.
When returning travel documents (tickets) purchased at the request of organizations less than 7 days before the departure of the train and no later than 3 days before the departure of the train, 50 percent of the cost of the reserved seat is withheld, and when returning such travel documents (tickets) later than 3 days before the departure of the train, the full cost of the reserved seat is withheld.
25. When returning an unused travel document (ticket) for a long-distance train to the railway ticket office, the passenger has the right to:
a) no later than 8 hours before the departure of the train, receive a refund in the amount of the fare, consisting of the cost of the ticket and the cost of the reserved seat;
b) less than 8 hours, but no later than 2 hours before the departure of the train, receive back funds in the amount of the ticket price and 50 percent of the cost of the reserved seat;
c) less than 2 hours before the train departure, receive a refund in the amount of the ticket price. The cost of the reserved seat in this case is not paid.
26. The refund of funds due for an unused travel document (ticket) is made upon presentation of a passenger identification document, the number of which is indicated in the travel document (ticket).
The refund of funds due for an unused travel document (ticket) purchased at a discount is made based on the funds paid by the passenger for the fare. Refunds for a free travel document (ticket) are not made.
The procedure for returning the funds due to the passenger is determined by the rules for the carriage of passengers, baggage, and cargo baggage.
27. The procedure for extending the validity period, renewing and reissuing a travel document (ticket) is determined by the rules for the carriage of passengers, luggage, cargo luggage.
The validity of a travel document (ticket), including a subscription, for a suburban train is not extended.
If the validity period of a travel document (ticket) for a commuter train expires at the moment the passenger is on the way, the travel document (ticket) is valid until the passenger arrives at the destination railway station.
The validity period of a travel document (ticket) for a commuter train is established by the rules for the carriage of passengers, baggage, and cargo baggage.
28. A travel document (ticket) for a long-distance train lost or damaged by a passenger is not renewed if it cannot be restored or identified by the carrier. Refunds paid for such a travel document (ticket) are not made.
When a passenger provides the carrier with information confirming the purchase of a lost or damaged travel document (ticket) for a specific seat on the corresponding train, the carrier issues the passenger a new travel document (ticket) to replace the lost or damaged one without charging the fare.
Refunds to the passenger for the lost travel document (ticket), which can be restored or identified, are not made by the carrier.
Refunds for a damaged travel document (ticket), which can be restored or identified, are made by the carrier if there is a mark on the time the passenger applied to the railway ticket office for a refund.
Restored (due to loss) travel document (ticket) for return and reissuance by the carrier is not accepted.
Restoration of a travel document (ticket) is made only in case of loss or damage to a travel document (ticket) issued for travel on a train (car) in which transportation is carried out by the carrier of the Russian Federation, from and to railway stations located on the territory of the Russian Federation.
Renewal of the travel document (ticket) is carried out at the points of purchase of travel documents (tickets) or at the railway ticket offices of the railway station of the passenger's departure.
A lost or damaged travel document (ticket) for a commuter train is not renewed and no refund is made for it.
28(1). The refund of funds due for unused travel documents (tickets) purchased at fares that do not provide for the condition of receiving back the fare when returning the unused travel document (ticket) in accordance with the provisions of part three of Article 83 of the Charter, is carried out only in the event of a sudden illness of a passenger or jointly a family member (spouse, parent (adoptive parent) or child (adopted) accompanying the passenger), death of a family member or injury to a passenger as a result of an accident, confirmed by relevant documents, as well as in case of cancellation of the train departure or delay in the departure of the train or failure to provide the passenger with the seat indicated in such a travel document (ticket).
(clause 28(1) was introduced by Decree of the Government of the Russian Federation of December 26, 2018 N 1678)
29. Checking whether a passenger has a travel document (ticket) is carried out at a railway station, railway station and stopping points before boarding a long-distance train, when a passenger passes to a commuter train through a travel document (ticket) control point (if there is a specified point), on the route of a long-distance or commuter train and when a passenger exits through a travel document (ticket) control point (if there is a specified point) after the end of a trip on a commuter train.
When boarding a long-distance train, a passenger must present a properly issued travel document (ticket), an identity document on the basis of information about which a travel document (ticket) was purchased (for children under the age of 14, it is allowed to present a notarized copy of the certificate of birth), and if you have the right to free travel or the right to pay the fare at a discount - also a document confirming the specified right.
(as amended by Decree of the Government of the Russian Federation of 17.06.2015 N 597)
If the last name of the passenger or the number of the identity document does not match, respectively, the last name or number indicated in the presented travel document (ticket), in the absence or change (correction) of the last name or number of the identity document, and other information in the travel document (ticket), the passenger boarding a long-distance train is not allowed, except for cases provided for by the rules for the carriage of passengers, baggage, cargo baggage. Refunds on such travel documents (tickets) are made in the manner and in cases determined by the rules for the carriage of passengers, baggage, cargo luggage.
A passenger traveling on a long-distance or suburban train without a travel document (ticket) or with an invalid travel document (ticket) is considered to be a ticketless person and is obliged to pay the fare in the manner determined by the rules for the carriage of passengers, baggage, cargo luggage, as well as a fine in the manner established by the legislation of the Russian Federation.
A travel document (ticket) purchased by a passenger for a suburban train is kept by him throughout the entire journey of the train and until the exit through the control point of travel documents (tickets) (if there is a specified point) at the railway station, railway station and stopping points. A passenger who fails to present a travel document (ticket) when exiting through a travel document (ticket) control point is considered stowaway and is obliged to pay the fare in the manner determined by the rules for the carriage of passengers, baggage, cargo luggage, as well as a fine in the manner established by the legislation of the Russian Federation.
30. Each passenger has the right, in the presence of a travel document (ticket), to take 1 seat when traveling. If there are free seats, the passenger may be provided with additional seats subject to payment of their full cost and issuance of additional travel documents (tickets).
The travel of children under 10 years of age on long-distance trains without adult accompaniment is not allowed, except for the cases of travel by students using rail transport to visit educational institutions.
31. If it is impossible to provide a passenger with a seat in a carriage in accordance with the travel document (ticket), the carrier is obliged to provide such a passenger, with his consent, with a seat in another carriage, including in a carriage of a higher category, without charging an additional fee. If the passenger is provided with his consent a seat, the cost of which is lower than the cost of the travel document (ticket) purchased by him, the difference in the fare is returned to the passenger in the manner determined by the rules for the carriage of passengers, baggage, cargo luggage.
32. When traveling on a long-distance train in a carriage with places for lying, the passenger, at his own request and for a fee, is provided with a set of bed linen, if the cost of a set of bed linen is not included in the fare.
33. In a long-distance train, which includes luxury carriages, a passenger is provided with paid service, the cost of which is included in the fare. At the same time, a passenger who has the right to travel free of charge or travel at a discount in cars with 2-seat compartments (CB) and in cars with 4-seat compartments is provided with such service subject to payment of the appropriate fee.
The procedure for providing passengers with a range of services, the cost of which is included in the fare in extra-comfort carriages, is established by the Ministry of Transport of the Russian Federation, and the composition of the range of services is determined by the carrier.
34. In a long-distance train, a passenger is provided with meals for a separate fee in a restaurant car (cafe car), if he is included in the specified train. The procedure for organizing the work of the dining car (cafe car) is determined by the carrier.
35. In passenger cars On long-distance trains, smoking is allowed in designated areas.
In suburban train carriages, including vestibules, smoking is prohibited.
36. A passenger may be removed from a train:
a) employees of the internal affairs bodies - if he violates the rules of travel when boarding a train or en route, public order and interfere with the peace of other passengers. At the same time, funds in the amount of the fare for the untraveled distance and the cost of transporting luggage are not returned;
b) medical workers- in case of illness of a passenger, which prevents his further travel or threatens the health of other passengers, if it is not possible to place him separately. The passenger is removed from the train only at the railway station where there are necessary medical facilities. In this case, the carrier, at the request of the passenger, ensures the return of funds to him in the amount of the fare for the untraveled distance minus the cost of the reserved seat or makes a note about the stop and extension of the validity of the travel document (ticket) for the duration of the illness, confirmed by the documents of the medical institution;
c) employees of the carrier, who are assigned in the established manner to exercise control over the availability of travel documents (tickets) for passengers - if the passenger passes without a travel document (ticket) or on an invalid travel document (ticket) and refuses to pay the fare in the manner determined by rules for the carriage of passengers, luggage, cargo luggage;
d) in other cases established by the legislation of the Russian Federation.
37. Each passenger has the right to carry free of charge for 1 travel document (ticket), in addition to small items, hand luggage weighing no more than 36 kilograms (for cars with 2-seater compartments (CB) - 50 kilograms), the size of which, in the sum of 3 measurements, does not exceeds 180 cm. The specified hand luggage, regardless of the type and type of packaging, must be placed in specially designated places so that it does not interfere with other passengers.
The procedure for the carriage of things (items) of hand luggage exceeding the specified weight or dimensions is determined by the rules for the carriage of passengers, luggage, cargo luggage.
Ensuring the integrity and safety of hand luggage carried by a passenger is the responsibility of the passenger.
Not accepted for carriage as hand luggage, except as provided by the legislation of the Russian Federation, things (objects) that can damage or contaminate the car and things of other passengers, as well as fetid, flammable, poisonous, flammable, explosive and other dangerous substances. When transported as hand luggage, firearms must be kept in a case, holster or special case in an unloaded state separately from cartridges.
38. Each passenger has the right to carry small pets, dogs and birds on the train for a fee.
The procedure for the transportation of small pets, dogs and birds is determined by the rules for the transportation of passengers, luggage, cargo luggage.
39. The passenger is entitled to free use of waiting rooms and toilets.
40. Storage of hand luggage in luggage rooms located at railway stations and railway stations is carried out in accordance with the legislation of the Russian Federation.
Each thing (item) deposited as hand luggage, regardless of whether it is fastened to another thing (item) or not, is considered as 1 piece. The weight of 1 piece of hand luggage accepted for storage must not exceed 50 kg. Hand luggage must have a device that allows it to be carried.
The period of storage of hand luggage is established by the rules for the carriage of passengers, luggage, cargo luggage.
It is forbidden to deposit animals and birds, firearms, explosive, narcotic, psychotropic, flammable, flammable, poisonous and malodorous substances as hand luggage, as well as things that can contaminate or damage things of other passengers.
Financial documents, money and other valuables are accepted for storage as hand luggage only if there is a specialized luggage room at the railway station, railway station.
The person who deposited the perishable products shall be liable for the natural deterioration of the perishable products.
Perishable products deposited and not claimed within the time limits stipulated by the rules for the transportation of passengers, luggage, cargo luggage are subject to destruction, and an act is drawn up about this.
Hand luggage not claimed after 30 days from the date of termination of payment for its storage is subject to sale in the manner prescribed by Articles 35, 48 and 49 of the Charter in relation to cargo.
IV. The procedure for the provision of services for the transportation of luggage and cargo luggage
41. Each passenger has the right, upon presentation of a travel document (ticket), to hand over luggage for carriage for a fee, and the carrier is obliged to accept it and send it by the nearest train of the appropriate destination, in which there is a wagon intended for the carriage of luggage, cargo luggage.
42. The sender has the right to hand over the cargo luggage for transportation for a fee, and the carrier is obliged to accept it and send it by train of the appropriate destination, in which there is a car for transporting luggage, cargo luggage. The carrier has the right to refuse to accept cargo luggage for carriage if, after loading the luggage, there is no space left in the car for loading cargo luggage.
43. A passenger may present baggage for carriage, and a sender may present cargo baggage with a declared value. For declaring the value of baggage, cargo baggage, a fee is charged, the amount of which is set in the fare manual. The amount of the declared value is indicated in the baggage, cargo-luggage receipt.
If the carrier has any doubts about the correctness of the assessment by the passenger, the sender of their luggage, cargo luggage, he has the right to demand that the passenger, the sender of luggage, cargo luggage be opened for verification. If the passenger, the sender refuses to open the luggage, cargo luggage for checking or disagrees with the assessment amount proposed by the carrier, the luggage, cargo luggage for carriage with a declared value will not be accepted.
The cost of luggage or cargo luggage is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of the seller's invoice or price in the contract - on the basis of the price that, under comparable circumstances, is usually charged for similar goods, or according to expert assessment.
Food and perishable goods are transported as baggage, cargo baggage without declaring value and under the responsibility of the sender in the manner prescribed by the rules for the carriage of passengers, baggage, cargo baggage.
44. Baggage, cargo luggage are accepted for transportation without opening the package, except for the cases provided for in paragraph 43 of these Rules. In the event that baggage, cargo luggage is presented for transportation in defective packaging, the carrier has the right to refuse acceptance for transportation.
45. Baggage is transported from and to the railway stations that carry out operations for the reception and delivery of luggage, but not further than the railway station of the passenger's destination according to the travel document (ticket).
46. Cargo luggage is accepted for transportation upon a written application of the sender without presenting a travel document (ticket) from and to railway stations open for receiving and issuing luggage.
47. Baggage, cargo luggage may be accepted for carriage in advance, and a fee is charged for their storage. The period of preliminary storage of luggage, cargo luggage is established by the rules for the carriage of passengers, luggage, cargo luggage.
48. The date of departure of baggage, cargo baggage is indicated by the carrier in the transportation documents when concluding a contract of carriage.
49. The passenger, the sender are obliged to check the correctness of the names of the railway stations of departure and destination indicated in the transportation documents, the last name, first name and patronymic of the sender, recipient, their addresses and other details of the carriage (departure date, train number, number of seats) and other information.
If incorrect, inaccurate (incomplete) information is indicated in the transportation document due to the fault of the passenger, the sender, the delivery or re-registration of the delivery of baggage, cargo baggage is made after the passenger, the sender (recipient) makes the payments due to the carrier in connection with this.
50. It is prohibited to transport financial documents, money and other valuables, as well as breakable and fragile items (glass, porcelain, TV sets, receivers, etc.) packed by a passenger or a sender among other items of baggage, cargo luggage, firearms as baggage, cargo baggage. weapons, foul-smelling, flammable, poisonous, flammable, explosive and other dangerous substances, as well as other items and things that can cause harm to the baggage handler, cargo baggage, the baggage of other passengers, cargo baggage or the carrier.
51. The term for the delivery of luggage, cargo luggage is determined by the time of the train, which sent the luggage, cargo luggage to the railway station of destination. If baggage is subject to reloading en route, the time of its delivery is determined by the time of travel along this route of trains, which include wagons intended for the carriage of baggage, with the addition of one day for each reloading of baggage. Transfer of baggage from one railway station to another railway station using road transport carried out by agreement between the passenger and the carrier for an additional fee. With such reloading of baggage, the delivery time is calculated with the addition of 2 days for reloading.
Overloading of cargo luggage along the route and its redirection are not allowed.
52. The date of arrival of luggage, cargo luggage is entered by the carrier in the transportation documents at the railway station of destination.
53. The carrier notifies the passenger in the manner prescribed by the rules for the carriage of passengers, baggage, cargo baggage, of the arrival at his address of baggage delivered with reloading along the route, or the recipient of the arrival of cargo baggage at his address.
54. The delivery of baggage, cargo luggage is carried out during the working hours of the carrier's subdivision, which receives and issues baggage, cargo luggage, at the railway station and railway station.
Baggage is issued at the railway station of destination to the bearer of the baggage receipt and the travel document (ticket) issued for the entire route, against signature in the baggage receipt.
The cargo luggage arrived at the destination station is issued to the recipient or another person acting on the basis of a power of attorney drawn up in the prescribed manner, upon presentation of a passport or other identity document, against signature on the back of the road cargo and luggage statement indicating the number of the passport or other identity document, and living place.
It is not required to present a baggage receipt upon receipt of cargo luggage.
55. At the railway station of destination, arrived luggage, cargo luggage are stored free of charge for 24 hours, excluding the day of arrival. For the storage of luggage, cargo luggage in excess of the specified period, a fee is charged.
56. Baggage, cargo luggage are considered lost and their cost is subject to compensation if they do not arrive at the destination railway station after 10 days after the deadline for the delivery of luggage, cargo luggage. If the luggage, cargo luggage arrived after the specified period, the passenger, the recipient may receive the luggage, cargo luggage, while returning to the carrier the amount previously paid to him for the loss of luggage, cargo luggage in the manner prescribed by the Charter.
In case of refusal in writing to receive baggage, cargo baggage or failure to provide the passenger, recipient of a decision on the fate of baggage, cargo baggage within 4 days after notifying the passenger, recipient in writing about the arrival of baggage, cargo baggage at the railway station of destination, the carrier, unless otherwise provided by the contract transportation of luggage, cargo luggage, has the right to sell luggage, cargo luggage in the manner prescribed by Articles 35, 48 and 49 of the Charter.
57. Baggage delivered without reloading en route and not claimed within 30 days from the date of its arrival, baggage delivered with reloading en route, and cargo baggage not claimed within 30 days from the date of notification (in writing) of recipients about his arrival, are subject to sale in the manner prescribed by Articles 35, 48 and 49 of the Charter in relation to goods.
58. Perishable products that are not in demand within the time limits stipulated by the rules for the carriage of passengers, luggage, cargo luggage are subject to destruction by the carrier.
V. Procedure for the provision of cargo transportation services
59. Any individual(shipper) has the right to transport cargo in wagons and containers owned by the carrier or other legal entities and individuals.
60. To carry out the carriage of goods, the consignor shall submit to the carrier at the railway station of departure a properly executed (in the required number of copies) application for the carriage of goods (hereinafter referred to as the application). The application is submitted by the consignor indicating the information provided for by the rules for the carriage of goods.
The application form, the procedure for its execution and submission are established by the rules for the carriage of goods.
The application is submitted at least 10 days before the start of cargo transportation in direct rail traffic and at least 15 days before the start of cargo transportation in direct international traffic, non-direct international traffic, direct and indirect mixed traffic, and also, if the destinations are indicated ports.
The carrier is obliged to consider the application within 2 days and, if it is possible to carry out transportation, send it to the owner of the infrastructure for approval with a mark on the approval of the application. The application agreed upon by the carrier and the owner of the infrastructure with a mark of its acceptance is returned by the carrier to the consignor no later than 3 days before the declared date for the start of transportation.
The carrier has the right to refuse to approve the application in the cases established by Article 11 of the Charter. The application in case of refusal to agree on it is returned by the carrier to the consignor with a justification of the reasons for the refusal. Refusal to accept and approve an application may be appealed in court.
61. When presenting cargo for carriage, the consignor must submit to the carrier for each shipment of cargo a waybill drawn up in accordance with the rules for the carriage of goods and other documents provided for by the relevant regulatory legal acts of the Russian Federation.
When presenting cargo for transportation, the consignor must indicate in the consignment note its weight, and when presenting tare and piece cargo, also the number of packages.
The carrier, consignor or consignee must ensure, in accordance with the established procedure, the safety of transportation and other documents provided for by the rules for the carriage of goods and other regulatory legal acts.
62. The payment for the carriage of cargo and other payments due to the carrier shall be paid by the consignor until the moment of acceptance of the cargo for transportation, unless otherwise provided by the Charter or agreement of the parties.
Final payments for the carriage of cargo, including additional works (services) associated with it, are made by the consignee upon the arrival of the cargo at the railway station until the moment of their issuance. If circumstances are identified that entail the need to recalculate the cost of transportation and the amounts of other payments and fines due to the carrier, recalculation may be made after the release of the goods.
Until the consignee makes all payments due to the carrier at the railway station of destination, wagons, containers not issued to the consignee are at his responsible demurrage, and he is charged for the use of wagons, containers.
63. Cargo, including those consisting of several dissimilar items, is handed over for transportation under the general name "cargo for personal needs", indicating in the consignment note the name of each item constituting this shipment.
64. Carriage of cargo with the declaration of its value is carried out in accordance with the rules for the carriage of goods. Shipping with a declared value is subject to a fee, the rates of which are set out in the Tariff Manual. When presenting such cargo for transportation, the sender, together with the consignment note, submits to the carrier an inventory for the carriage of goods with a declared value, drawn up in 3 copies. When presented for transportation on one waybill of goods of various values, their distinctive features, the number of pieces and value are indicated in the inventory in a separate line.
65. At the request (in writing) of the consignor or consignee, the carrier may redirect the transported cargo with a change in the consignee and (or) destination station.
The application can be submitted to the carrier both at the railway station of the original destination and at the railway station of departure. The application shall be accompanied by a genuine receipt of acceptance of the goods.
The carrier's expenses arising in connection with the forwarding of cargo shall be reimbursed by the consignor or consignee, on whose initiative the forwarding is carried out.
66. The carrier is obliged to notify the consignee of the cargo arrived at his address no later than 12 noon on the day following the day the cargo arrived. Such notification shall be made in writing or by telephone, unless otherwise provided by agreement of the parties.
If the carrier does not notify the arrival of the cargo, the consignee shall be exempted from the payment for the use of wagons, containers and the payment for storage of the cargo until notification of its arrival is received.
After the cargo arrives at the destination railway station and the carrier notifies the consignee of the arrival of the cargo at his address, the responsibility for the calculations associated with the transportation lies with the consignee.
Upon the arrival of the cargo at the railway station of destination, the carrier is obliged to issue the cargo and the waybill to the consignee in the manner prescribed by the Charter and the rules for the carriage of goods.
67. The carrier is obliged to deliver the goods to the destination and within the prescribed period.
Arrived in wagons, containers, cargo to be unloaded and issued in public places is stored at the destination railway station free of charge for 24 hours.
The period of free storage is calculated from 24:00 on the day of the unloading of cargo from wagons, containers provided by the carrier or from 24:00 of the day the carrier delivers wagons, containers with cargo to the place agreed by the parties for unloading cargo by the consignee.
VI. The procedure for submitting and considering claims
68. Prior to filing a claim against the carrier that arose in connection with the carriage of passengers, baggage, cargo luggage, a claim may be brought against the carrier in case of loss, shortage or damage (spoilage) of luggage, cargo luggage within 6 months, and in case of delay in the delivery of luggage and cargo luggage, departure delay or train delay - within 45 days.
The term for filing a claim is calculated in relation to:
a) compensation for damage (spoilage) or shortage of luggage, cargo luggage - from the date of issue of luggage, cargo luggage;
b) compensation for the loss of luggage, cargo luggage - after 30 days after the deadline for the delivery of luggage, cargo luggage;
c) delay in the delivery of baggage, cargo luggage - from the date of delivery of baggage, cargo luggage;
d) the occurrence of other cases related to the carriage - from the date of occurrence of the events that served as the basis for filing a claim.
69. The carrier has the right to accept a claim for consideration after the expiration of due date if it recognizes good reason missed the deadline for submitting a claim.
70. In a claim regarding loss, shortage, damage (spoilage) or delay in the delivery of baggage, cargo baggage, the following information shall be indicated:
a) last name, first name, patronymic of the applicant;
b) details of an identity document;
c) the address to which the reply should be sent;
d) grounds for filing a claim;
e) list of attached documents.
71. The following supporting documents must be attached to the claim:
a) in case of loss of cargo luggage - a cargo luggage receipt for the acceptance of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage or a carrier's certificate of dispatch of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage, as well as a document confirming the amount of damage caused, certifying the amount and actual value of the sent cargo luggage;
b) in case of shortage, damage (spoilage) of cargo luggage - a cargo luggage receipt and a commercial act issued by the carrier, as well as a document confirming the amount of damage caused, certifying the quantity and actual value of the missing, damaged (spoiled) cargo luggage;
c) in case of delay in the delivery of cargo luggage - a cargo luggage receipt;
d) in case of loss of baggage - a baggage receipt;
e) in case of shortage or damage (spoilage) of baggage - a baggage receipt and a commercial act;
f) in case of delay in the delivery of baggage - an act of a general form;
g) in case of delay in departure or delay of the train - travel documents (tickets).
72. The carrier is obliged to consider the received claim and notify (in writing) the applicant of the results of its consideration within 30 days from the date of receipt of the claim.
In case of partial satisfaction or rejection of the applicant's claim, the carrier indicates in the notification the basis for the decision taken by him with reference to the relevant article of the Charter and returns the documents submitted along with the claim.
If the carrier satisfies the claim, the funds against the compensation for damage, fines or penalties, at the request of the applicant, are sent to the address indicated by him or are handed over to him at the location of the carrier.
73. Damage caused during the carriage of baggage, cargo baggage shall be reimbursed by the carrier in the event of:
a) loss or shortage of luggage, cargo luggage - in the amount of the cost of the lost or missing luggage, cargo luggage;
b) damage (spoilage) of luggage, cargo luggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged luggage, cargo luggage - in the amount of its value;
c) loss of baggage, cargo baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the baggage or cargo baggage.
74. When indemnifying for damage, the cost of luggage, cargo luggage is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of the seller's invoice or price in the contract - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.
The carrier, along with compensation for damage caused by the loss, shortage or damage (spoilage) of baggage, cargo baggage, returns to the passenger, recipient the fee for the carriage of baggage, cargo baggage, as well as other payments due to the passenger, recipient, collected for the carriage of lost, missing or damaged (spoiled) baggage , cargo luggage.
75. For the delay in the delivery of baggage, cargo baggage, the carrier, upon issuing them, pays to the passenger, recipient on the basis of an act drawn up at the request of the passenger, recipient, a penalty in the amount of 3 percent of the fee for the carriage of baggage, cargo baggage for each day of delay (incomplete days are considered full), but not more than in the amount of the fee for the carriage of baggage, cargo baggage.
76. Payment of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is made by the carrier at the rate of 3 percent of the fare for each full hour of delay in the departure or delay of the train. At the same time, a delay in the departure or delay of a train by less than 1 hour is not taken into account.
Payment to a passenger of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is not carried out on free travel documents (tickets), but on travel documents (tickets) issued at a discount, is made based on the price paid travel.
77. Presentation and consideration of claims in case of loss, shortage or damage (spoilage) of cargo, as well as in case of delay in the delivery of cargo, are carried out in the manner prescribed by the Charter and the rules for the carriage of goods.
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