It is a contract, in which the parties agree that the carrier will use the agreed means of transport to transport the shipper's goods to the agreed place for the consignee to receive the goods, and charge a certain freight, so as to clarify the rights and obligations of both parties and complete a certain number of freight tasks. Transport contracts, including water, highway, aviation, railway and combined transport, are planned, usually standard contracts. A freight contract involves three parties: shipper, carrier and consignee. Although the consignee did not participate in the conclusion of the contract, it also enjoyed rights and assumed obligations under the freight contract. The carrier's main obligation is to transport the goods to the designated place and notify the consignee according to the contract; The shipper's main obligation is to pay the fee according to the contract.
Freight contracts have the following characteristics:
1. Freight contracts usually involve third parties. A contract of carriage of goods is concluded between the shipper and the carrier, and the shipper is a party to the contract, but the shipper may consign the goods for his own benefit or the benefit of a third party. The shipper can be the consignee himself or a third party. In the case that the third party is the consignee, the consignee is an interested party in the contract, even though he is not a party to the contract. In this case, the freight contract belongs to the contract concluded for the benefit of the third party;
2. Delivery of goods to the consignee is the purpose of the freight contract. Like the passenger transport contract, the freight transport contract is based on the carrier's transport behavior. However, the carrier's obligation to transport the passenger to the destination in the passenger transport contract has been fulfilled; In the freight contract, the carrier's obligation to transport the goods to the destination cannot be fulfilled, and its obligation can only be fulfilled after the goods are delivered to the consignee;
3. The freight contract is an agreed contract. A general freight contract is based on the shipper's request to transport the goods as an offer and the carrier's agreement to transport as a promise, and the contract is established. Therefore, the freight contract is a promise contract.
To sum up, when handling the transportation of goods, the shipper shall accurately indicate to the carrier the name of the consignee or the consignee as instructed, the name, nature, weight, quantity, receiving place and other necessary information about the transportation of goods.
If the shipper makes false declaration or omits important information, thus causing losses to the carrier, the shipper shall be liable for compensation.
Legal basis:
Article 809 of the Civil Code of People's Republic of China (PRC)
A contract of carriage is a contract in which the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare or transportation expenses.