1.1 Definition of Transportation
Transportation refers to the movement of people, goods, or services from one location to another by various means. It is a vital component of the tourism and hospitality industries, facilitating the movement of tourists between destinations and providing essential logistical support for travel services. In legal terms, transportation involves contractual obligations between carriers and passengers or shippers, regulated by laws that ensure safety, reliability, and accountability.
Transportation can be divided into two broad categories:
- People Transportation: Involves moving passengers, such as tourists, from one place to another using modes like airplanes, buses, ships, and trains.
- Example: Airlines transporting tourists from Manila to Cebu.
- Goods Transportation: Involves moving goods or cargo, which may include luggage, equipment, and products required by hospitality establishments like hotels and restaurants.
- Example: Cargo companies transporting hotel supplies, such as food or cleaning products, to a resort.
1.2 Types of Transportation
Transportation can be classified based on the mode used to facilitate movement. The following are the primary types of transportation:
- Land Transportation: Includes vehicles that operate on roads or railways, such as buses, cars, trucks, and trains.
- Example: Tourist buses transporting visitors to destinations like Banaue or Sagada.
- Air Transportation: Involves the use of aircraft, such as airplanes and helicopters, to transport passengers and goods through the air.
- Example: Airlines providing domestic and international flights for tourists visiting destinations like Boracay, Palawan, and Bohol.
- Water Transportation: Involves the movement of passengers and goods via watercraft, such as ferries, ships, and boats.
- Example: Ferries transporting tourists between the islands of Cebu and Bohol.
- Rail Transportation: Involves the use of trains to transport passengers and cargo. Though limited in the Philippines, rail systems exist in Metro Manila (e.g., MRT, LRT) and are expanding in other regions.
- Example: Light Rail Transit (LRT) systems used by both local commuters and tourists in Metro Manila.
- Specialized Transportation: This includes any mode of transportation that is designed for specific purposes, such as cable cars or tourist shuttles in resorts or amusement parks.
- Example: Resort shuttle services transporting guests from hotels to nearby attractions.
Common vs. Private Carriers: Obligations and Responsibilities
2.1 Definition of Common and Private Carriers
Under the Civil Code of the Philippines, carriers are classified into two types: common carriers and private carriers. The distinction between these two types is crucial as they carry different obligations, responsibilities, and liabilities under Philippine law.
Common Carrier
A common carrier is defined as any person, corporation, firm, or association engaged in the business of transporting passengers or goods for the general public. Common carriers offer their services to the public under a license or authority granted by a regulatory body, and they are subject to more stringent regulations due to their public nature.
- Examples: Airlines, bus companies, ferry services, and taxi operators are all examples of common carriers.
Private Carrier
A private carrier, on the other hand, is one who provides transportation services not to the public but to specific individuals or companies under a special contract. These carriers are not obliged to serve the public and are typically hired on a per-contract basis to transport goods or passengers.
- Examples: A company-owned van used to transport the company’s own employees or a delivery service used exclusively by a private business.
2.2 Obligations and Responsibilities of Common Carriers
Common carriers are subject to several legal obligations and responsibilities under Articles 1732 to 1766 of the Civil Code of the Philippines. These obligations ensure that carriers prioritize the safety, security, and welfare of passengers and goods.
- Duty to Exercise Extraordinary Diligence: Common carriers are required to exercise extraordinary diligence in the transportation of passengers and goods. This means that they must take all necessary precautions to ensure the safety and security of passengers and cargo, far exceeding ordinary care.
- Example: Airlines are required to conduct thorough maintenance checks on aircraft before each flight and ensure that all safety protocols are followed to avoid accidents.
- Duty to Deliver Passengers and Goods Safely: The carrier is responsible for delivering passengers and goods to their destination without unnecessary delay and in the same condition as when they were accepted for transportation.
- Example: A bus company must ensure that passengers arrive at their destination on time and safely, while a shipping company must deliver goods without damage.
- Obligation to Observe Safety Regulations: Common carriers must comply with all safety regulations imposed by regulatory authorities, including the Land Transportation Franchising and Regulatory Board (LTFRB) for land transportation and the Civil Aviation Authority of the Philippines (CAAP) for air transportation.
- Example: A ferry service must ensure that safety equipment like life jackets and fire extinguishers are available and that the vessel is not overloaded.
- Public Responsibility: Common carriers are obligated to serve the public without discrimination. They cannot refuse to carry passengers or goods unless there is a valid legal reason to do so (e.g., overcrowding, safety concerns, or legal prohibitions).
- Example: A public bus cannot refuse to pick up passengers unless it is already full or operating under government-mandated restrictions (e.g., COVID-19 protocols).
2.3 Responsibilities of Private Carriers
Unlike common carriers, private carriers are not bound by the same strict regulations. Their obligations arise primarily from the contract of carriage entered into with the individual or business that hires them. The level of diligence required for private carriers is ordinary diligence—the care that a reasonably prudent person would exercise under the circumstances.
- Example: A hotel using a private shuttle to transport its guests is responsible for their safety, but the legal standard for liability is less stringent than that for a common carrier, as the hotel is not a public transportation provider.
Liabilities and Exemptions of Common Carriers
3.1 Liabilities of Common Carriers
Under Article 1756 of the Civil Code, common carriers are presumed to be at fault in cases where loss, damage, or injury occurs to passengers or cargo, unless they can prove that they exercised extraordinary diligence. Common carriers are liable for:
- Death or Injury of Passengers: If a passenger is injured or killed during transportation, the common carrier is liable for damages unless it can prove that the injury or death was caused by an unavoidable event or by the passenger’s own negligence.
- Example: If a bus accident results in passenger injuries due to reckless driving, the bus company is liable for damages to the passengers.
- Loss or Damage to Goods: Common carriers are responsible for any loss, destruction, or deterioration of goods in their care, unless they can show that the damage occurred due to causes beyond their control (i.e., force majeure).
- Example: If a shipping company loses or damages cargo during transit, it is liable to compensate the shipper for the lost or damaged goods.
- Delay in Delivery: Common carriers are liable for any delay in delivering passengers or goods unless they can prove that the delay was due to factors beyond their control, such as weather conditions or regulatory restrictions.
- Example: A cargo shipping company that fails to deliver goods on time due to improper planning or negligence is liable for any losses suffered by the customer.
3.2 Exemptions from Liability
Common carriers can be exempt from liability under specific circumstances. These exemptions, as outlined in Articles 1734 and 1739 of the Civil Code, include:
- Force Majeure (Acts of God): Natural disasters or events that are beyond human control, such as typhoons, earthquakes, and floods, exempt the carrier from liability if they can prove that these events were the direct cause of the loss or damage.
- Example: A ferry service is not liable for damage to cargo if a severe typhoon causes the ferry to sink, as long as the company can prove that it took all reasonable precautions before setting sail.
- Fault of the Shipper or Passenger: If the damage or loss is caused by the shipper or passenger, the carrier is not liable.
- Example: If a passenger negligently leaves their luggage unattended, leading to its loss, the airline is not liable for the loss.
- Inherent Defect of the Goods: If the goods transported have an inherent defect or are naturally perishable, and the damage is caused by this defect, the carrier is not liable.
- Example: If fresh fish being shipped spoils during transport due to its natural perishable nature and not due to the negligence of the shipping company, the carrier is not liable.
- Public Enemy: Loss or damage caused by public enemies, such as during a war or armed conflict, can exempt the carrier from liability.
- Example: A shipping company would not be liable for goods lost due to piracy or an attack by terrorists.
- Order of the Government or Authorities: If the loss or damage is caused by an official act of government authorities, the carrier may be exempt from liability.
- Example: A trucking company is not liable if goods are seized by government authorities as part of a lawful inspection.
Conclusion
In the tourism and hospitality sectors, transportation is a key component of the customer experience, whether it’s moving passengers between destinations or ensuring the timely delivery of supplies to hotels and resorts. Understanding the difference between common and private carriers is critical for businesses, as common carriers are subject to stricter regulations and higher standards of liability than private carriers. Additionally, businesses must be aware of the liabilities and exemptions that apply to common carriers, ensuring that they meet their obligations to passengers and customers while also protecting their interests in cases of unforeseen events or natural disasters.
By adhering to these legal principles, businesses in the transportation and tourism industries can minimize legal risks, promote safety, and build trust with their customers.
