Definition

Carrier Contract is a contract for carriage whereby a person who is a carrier undertakes to transport passengers, luggage or goods from one place to another for the fee determined by an agreement of the parties or a fee determined by the state.¹

Rights and Oblition of the Carrier

Where the carrier incur delays in starting his mode of transports, a consignor is entitled to terminate the contract and require the carrier to pay:

• The transportation fees and other advances to other substitute carriers,
• Compensation for any damages caused by delay in delivery, loss or destruction of the transported luggage or goods, or decrease in price caused by such delivery delay. ²

A carrier is liable for the loss of, or damage to, the transported luggage or goods. A carrier is also liable for any accidents to the passengers during his transport. A carrier is not liable if the injury is caused by a force majeure or by the negligence of the passengers themselves. If the luggage or goods being transported are stolen, the carrier shall be liable to pay for the stolen luggage or goods. A carrier is liable for the loss of, or damage to, the transported luggage or goods. A carrier is also liable for any accidents to the passengers during his transport.

A carrier is not liable if the injury is caused by a force majeure or by the negligence of the passengers themselves.

If the luggage or goods being transported are stolen, the carrier shall be liable to pay for the stolen luggage or goods. A carrier is liable, with respect of the luggage or goods, for any loss or damage that is not caused by a force majeure or by the natural destruction of the luggage or goods themselves.

The carrier is particularly liable for any loss or damage resulting from unreasonable delays in the transport.

Any action for compensation for loss or damage shall be commenced within one year from the date an owner becomes aware that the luggage or goods have been lost or damaged or from the date passengers become victims.

1. Art. 83 of Sub Decree No. 38 ↩︎
2. Art. 84 of Sub Decree No. 38 ↩︎

PHENG Sopheap