Obligations
of
the
Passenger
and
Shipper
The
NCC
does
not
provide
for
the
period
within
which
payment
of
the
freight
charges
should
be
made
to
the
carrier.
However,
the
implication
of
the
1.
DUTY
TO
EXERCISE
DUE
DILIGENCE
Code
of
Commerce
on
Overland
Transportation
is
The
shipper
or
passenger
is
bound
to
pay
the
that
in
the
absence
of
any
agreement,
the
consignee
consideration.
He
is
also
bound
to
exercise
due
who
is
supposed
to
pay
must
do
so
within
24
hours
diligence
in
avoiding
damage
or
injury.
from
the
time
of
the
delivery
(Art.
374,
Code
of
Commerce;
see
p.175)
ü However,
carrier
cannot
impute
the
negligence
of
its
own
employee
(driver)
to
CoP
by
Sea:
tickets
are
purchased
in
the
person
or
entity
that
hired
the
carrier.
advance.
The
carriers
is
bound
to
observe
a
“No
Ticket,
No
Boarding
Policy.”
Carriers
2.
DUTY
TO
DISCLOSE
shall
collect/inspect
the
ticket
within
1
hour
Due
diligence
includes
the
duty
to
disclose
from
the
vessel’s
departure.
information
relating
to
the
cargo.
Proper
information
will
help
the
carrier
exercise
proper
vessel
not
able
to
depart
on
time:
care
and
caution.
Thus,
the
shipper
must
give
proper
unreasonable
delay
(no
just
cause)
–
information.
A
common
carrier
is
entitled
to
fair
passenger
may
opt
to
have
the
ticket
representation
of
the
nature
and
value
of
the
goods
refunded
without
any
refund
service
to
be
carried,
with
a
concomitant
right
to
rely
fee.
thereon,
and
a
carrier
has
no
obligation
to
inquire
into
the
correctness
or
sufficiency
of
such
Delayed
voyage
means
late
information.
departure
of
the
vessel
from
its
port
of
origin
and/or
late
arrival
of
the
Damage
caused
by
cargoes
–
shipper
may
vessel
to
its
port
of
destination.
be
liable
for
any
damage
that
may
have
been
caused
solely
by
the
dangerous
nature
of
the
A
passenger,
who
no
longer
wants
to
use
the
cargoes
or
the
defect
in
the
packaging
of
the
carrier
or
has
actually
failed
to
board
the
cargoes.
vessel,
can
refund
or
revalidate
the
ticket
subject
to
assessment
of
surcharges.
3.
PAYMENT
OF
FREIGHT
Revalidation
means
the
accreditation
of
the
ü Note
on
Police
Power,
regulation
of
rates,
ticket
that
is
not
used
and
intended
to
be
just
and
reasonable
rates
balancing
the
used
for
another
voyage.
investor
and
consumer
interests;
(LTFRB)
Carrier’s
Lien
Who
will
pay
the
freight?
If
the
consignor
or
consignee
failed
to
pay
the
CoG:
Shipper,
but
the
parties
may
stipulate
that
the
consideration
for
the
transportation
of
the
goods,
consignee
will
pay.
the
carrier
may
exercise
his
lien
in
accordance
with
Note:
Consignor
is
obliged
to
pay
the
freight
charges
Article
375
of
the
Code
of
Commerce.
whether
or
not
he
is
the
owner
of
the
goods.
CoP:
Passengers
are
contractually
bound
to
pay
the
4.
TIMELY
LOADING
AND
UNDLOADING
fare
within
such
time
as
prescribed
by
regulations
or
The
shipper
must
make
sure
that
the
goods
are
by
the
carrier.
delivered
to
the
carrier
on
the
date,
time,
and
place
agreed
upon.
In
addition,
shippers
cannot
insist
on
tendering
goods
that
are
in
excess
of
the
number,
weight
and
quantity
stipulated
in
the
contract.
After
notice
of
arrival,
the
consignee
must
present
the
bill
of
lading
to
the
captain
before
the
unloading.
7.
DUTIES
OF
PASSENGER
Otherwise,
the
consignee
shall
be
responsible
for
Generally,
passenger
must
pay
proper
fare.
The
the
expenses
of
warehousing
and
other
expenses
amount
and
time
of
payment
would
depend
on
the
arising
therefrom.
type
of
carrier,
the
practice
and
regulation
in
that
particular
carrier.
Payment
may
be
in
advance,
in
Demmurage
the
course
or
transportation
or
before
Parties
may
stipulate
the
period
within
which
disembarking.
to
load
and
unload
the
cargoes.
This
period
is
known
as
lay
days.
§ Passenger
must
present
himself
in
the
PROPER
PLACE.
Demmurage
is
the
compensation
provided
§ Must
also
present
himself
at
a
PROPER
TIME
for
in
the
contract
of
affregithment
for
the
§ With
respect
to
his
luggage,
passenger
is
detention
of
the
vessel
beyond
the
time
obligated
NOT
TO
BRING
such
luggage
that
agreed
on
for
loading
and
unloading.
It
is
the
is
in
excess
of
the
weight
and
size
prescribed
claim
for
damages
for
failure
to
accept
by
regulations
or
contract.
Passenger
is
delivery.
This
liability
exists
only
when
prohibited
from
bringing
prohibited
EXPRESSLY
stipulated
in
the
contract.
materials.
Travel
Documents
5.
PERMITS
It
is
the
obligation
of
the
passenger,
not
the
Passenger
or
shipper
may
also
be
required
to
secure
carrier,
to
secure
the
appropriate
travel
the
necessary
permits
for
the
transportation
of
documents.
It
is
not
the
obligation
of
the
carrier
certain
goods.
Ex:
carriage
of
animals,
vehicles,
to
secure
the
necessary
visa
for
a
passenger.
forest
products,
fish
and
aquatic
products,
minerals…
etc.
(EMB
clearance)
PAL
v.
CA
–
the
airline
agreed
to
transport
two
minors
from
Manila
to
San
Fransisco
and
later
to
transport
them
from
San
Fransisco
to
Los
6.
SHIPPER’s
LOAD
AND
COUNT
Angeles
via
Northwest
Airlines.
However,
the
Shipper’s
Load
and
Count
arrangement
-‐
It
may
be
minors
were
not
able
to
board
the
NA
flight
stipulated
in
the
BoL
that
the
shipper
has
the
sole
because
the
indemnity
bond
which
was
required
responsibility
for
the
quantity,
description
and
to
be
with
the
minors
was
lost
through
the
condition
of
the
cargoes
shipped
in
container
vans.
negligence
of
the
petitioner
airline’s
personnel.
Hence,
the
petitioner
airline
was
made
liable
for
Under
this
arrangement,
the
contents
are
not
its
breach
of
its
obligation.
required
to
be
checked
and
inventoried
by
the
carrier
at
the
port
of
loading
or
before
said
carrier
enters
Air
Transportation
of
Passengers
port
of
unloading
in
the
Philippines
since
it
is
the
1.
No
person
on
board
may
interfere
with
a
crew
shipper
who
has
the
sole
responsibility
for
the
member
in
the
performance
of
his
or
her
duties
quantity,
description
and
condition
of
the
cargoes
2.
Each
passenger
shall
fasten
his
or
her
seat
belt
shipped.
and
keep
it
fastened
while
the
seat
belt
sign
is
lighted.
As
such,
the
carrier
cannot
be
held
responsible
for
3.
No
person
on
board
an
aircraft
shall
recklessly
any
discrepancy
if
the
description
in
the
bill
of
lading
or
negligently
act
or
omit
to
act
in
such
a
manner
is
different
from
the
actual
contents
of
the
as
to
endanger
the
aircraft
or
person
and
container.
Here,
the
duty
of
the
carrier
is
only
to
property
therein.
transport
and
deliver
the
containers
in
the
same
4.
No
person
may
secrete
himself
or
herself
nor
condition
as
when
the
carrier
received
and
accepted
secrete
cargo
on
board
an
aircraft.
the
containers
for
transport.
5.
No
smoking,
not
even
in
lavatory
6.
Smoke
detector
in
lavatories,
no
tampering.