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Paragraf : časopis za pravna i društvena pitanja Pravnog fakulteta Sveučilišta Josipa Jurja Strossmayera u Osijeku, Vol. 4 No. 1., 2020.

Stručni rad

PASSENGER RIGHTS IN BUS TRANSPORT

Matko Guštin orcid id orcid.org/0000-0002-4577-0856 ; student Pravnog fakulteta Osijek

Puni tekst: hrvatski pdf 161 Kb

str. 135-161

preuzimanja: 875

citiraj

Sažetak

Due to numerous advantages, bus passenger transport is one of the most developed forms of passenger transport, which is confirmed by its elaborate regulations. Passenger transport is a contractual relationship between a carrier and passengers regulating mutual rights and obligations, characterized not only by informality, mutual obligations, but also by detailed regulations of the rights of the weaker party i.e. passengers. The passengers' rights in a bus transport are regulated at three complementary levels: international, European and national. At the international level, the most important document governing the rights of passengers is the Convention on the Contract for the Carriage of Passengers and Luggage by Road, to which the Republic of Croatia has been a party, and which regulates the liability of carriers corresponding to the person of the passenger according to the strict criterion of relative causality. In the European legislation framework, the rights of passengers in bus transport are regulated in detail by the Regulation on the Rights of Passengers in Bus Transport regulating the passengers’ substantive rights and carriers’ liability, handling complaints and clearly setting out the rights of persons with disabilities. Croatian regulations relevant to the Regulation of the Rights of Passengers in Bus Transport are the Civil Obligations Act and the Road Transport Act, as well as numerous other pieces of legislation stipulating secondary activities related to bus transport. Given the informality of this contractual relationship, the role of creating passengers’ rights is given not only to the legislator but also to the carrier by adopting general conditions of carriage as autonomous sources of rights. However, court practice and general principles of traffic law are also crucial for a better understanding of passenger rights.

Ključne riječi

passenger rights; bus transport; liability; carrier; regulations

Hrčak ID:

241268

URI

https://hrcak.srce.hr/241268

Datum izdavanja:

13.7.2020.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.698 *