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On January 1, 2021, the “Civil Code of the People’s Republic of China” was formally implemented. This is the first law that bears the name of the Republic since the founding of the Republic. There are 1,260 articles in total. It protects the Chinese from fetuses to graves at all stages of age, illness and death, and covers society. All aspects of life.In terms of railways and train travel, there are several regulations that are closely related to everyone’s travel.
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1. Domination is illegal!
[Artículo]Article 815 Passengers must take the time, flight number and seat number recorded on the valid ticket. Passengers traveling without a ticket, traveling on a trip, traveling in a hop class, or traveling on a discounted ticket that does not meet the reduced fare conditions will be required to pay the fare, and the carrier may charge additional fees in accordance with the regulations; If the passenger does not pay the fare, the carrier may Refuse to transport.
According to the regulation, passengers must have a valid ticket and take the train according to the time, frequency and seat number registered on the ticket. This clarifies the basic obligations of passengers and provides a basis for solving the “dominant seat” problem.
Cancellation refers to the arrival of a passenger who exceeds the destination specified on the ticket. For example, a passenger who has a ticket specifies the destination of Changsha, but arrives in Guangzhou.
Jumping refers to a passenger who takes a seat that exceeds the class designated on the ticket. For example, a passenger has purchased a second class ticket but took a first class seat.
Traveling with a discounted ticket that does not meet the reduced price conditions refers to a passenger who does not qualify for a reduced price discount ticket and travels with that type of ticket, such as an adult passenger with a reduced price ticket. children.
In the above three situations and passengers without tickets, they must make their tickets and pay the handling fee as required.
At the same time, the railway department also has the right to follow the “Rail Passenger Transport Regulations”.An additional 50% of the fare for the section traveled will be charged.
2. These luggage cannot enter the station and board the train.
[Artículo]Article 817 Passengers’ hand luggage must comply with the agreed limit and category requirements, those who carry luggage in excess of the limit or violate the category requirements must go through the check-in procedures.
This arrangement is to strictly ensure the safety of transportation and the normal order of transportation. Passenger carry-on baggage must meet the agreed category limit and requirements, which is also the basic obligation of passengers on the train.
Among them, the category requirements for hand luggage refer to the prohibition or restriction of carrying specific types of luggage; Limit requirements include restrictions on the number of restricted categories and restrictions on the weight and size of the allowed categories.
[Artículo]Article 818 Passengers are not allowed to carry or carry in their luggage dangerous or prohibited articles that are flammable, explosive, toxic, corrosive, radioactive or that may endanger personal and property security in the means of transport.
If the passenger violates the provisions of the previous paragraph, the carrier may unload, destroy or deliver dangerous or prohibited items to the relevant departments. If the passenger insists on carrying or dragging dangerous or prohibited items, the carrier will refuse to carry them.
It is worth noting that in addition to the obvious flammable and explosive items such as fireworks and firecrackers and gasoline fuel, dangerous goods also include infectious items, such as infectious disease pathogens, and other items that endanger the safety of the vehicle. train operation, such as those that can interfere with train signals. Strong magnets, items with a strong and pungent odor, items that cannot be identified and that may be dangerous, etc.
Prohibited items include guns, ammunition, controlled knives, and other items that endanger personal and property safety and that are prohibited from carrying and transporting in accordance with national laws, administrative regulations, and regulations.
Passengers carrying or transporting dangerous and prohibited items constitute an illegal act and also a breach of contract. The carrier may unload it, destroy it or hand it over to the relevant authorities in accordance with the law, and is not responsible for compensation.
If the passenger insists on carrying the luggage, the carrier will refuse the transport, that is, the passenger will not be allowed to take the means of transport, nor will he be allowed to check the luggage.
3. Reasonable arrangements must be respected during the trip.
[Artículo]Article 819 Carriers must strictly comply with the obligations of safe transport and promptly inform passengers of the matters to which attention must be paid in safe transport. Passengers shall actively assist and cooperate with reasonable arrangements made by the carrier for safe transportation.
Due to the particularity of the means of transport, the complexity of the transport environment and the mobility of passengers, it is inevitable that there will be some factors that affect safety in the transport process. Rail transport companies should promptly inform passengers about matters that need to be paid attention to to ensure safety, such as standing When opening the water at the platform safety line or in the car, the water it should not be overfilled to avoid overflows and burns, and the emergency brake valve should not be pulled without authorization.
At the same time, passengers must also actively help and cooperate, and must not disobey, or even confront, because the relevant agreements restrict them. If the passenger refuses to comply with the obligation of assistance and cooperation, or does not obey the reasonable arrangements of the carrier, he will assume the corresponding legal responsibilities.
4. Delays are guaranteed, except for delays not attributable to the carrier.
[Artículo]Article 820 The carrier will transport passengers according to the time, frequency and seat number registered on the valid ticket. If the carrier delays the transportation or has other abnormal conditions of transportation, it will inform and remind the passengers immediately, take the necessary resettlement measures and arrange the change to other flights or refund the ticket according to the requirements of the passengers; the carrier will bear the losses caused by this. Responsibility for compensation, except for those not attributable to the carrier.
This article clarifies in a fixed way the legal obligations and legal responsibilities that the carrier must meet when the carrier is delayed in transportation or has other abnormal transportation conditions.
Delayed transport is divided into delay in departure and delay in arrival, between them it will be confirmed if the delay in arrival exceeds a reasonable period when determined.
Circumstances “not attributable to the carrier” are generally considered to include circumstances such as force majeure, inclement weather and accidents. Delays in transportation caused by the rescue of passengers suffering from acute illness, childbirth or in danger are not “attributable to the carrier” either. In the above circumstances, the department of railways will not be responsible for compensation in accordance with the law, but will continue to meet its notification, resettlement and assistance obligations.
5. “Disclaimer” for emergency relief
[Artículo]Article 184 If the assisted person suffers damages due to the voluntary emergency rescue, the rescuer will not have civil responsibility.
The Civil Code stipulates this article with the purpose of promoting the value of mutual assistance and improving social morale.
Three conditions must be met for exemption from emergency rescue behavior:
One is the urgency of the rescue situation. If the recipient is faced with an emergency, if he cannot be rescued immediately, he will cause irreparable damage.
The second is the voluntary nature of rescue behavior. Volunteering embodies the rescuer’s subjective initiative, and the rescuer has no legal or agreed obligation to rescue the recipient.
The third is the specificity of the damaged object. The act of emergency rescue must cause harm to the recipient, not the third party.
This law reinforces the protection of rescuers, when passengers in emergency situations present themselves during rail transport, passengers with professional skills will be able to participate in rescues without worry.
