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Court of Cassation Defines Ticket as Transport Contract
The Court of Cassation clarifies that the ticket constitutes a transportation contract between the passenger and the carrier, emphasizing that the carrier has an obligation to ensure the safety of passengers during the execution of the transportation contract. This includes the carrier's responsibility for any harm the passenger may suffer during the journey, without the need to prove fault, except in cases of force majeure, or fault on the part of the passenger or a third party. The court affirmed passengers' rights, giving significant importance to establishing that the failure to close the train doors caused the death of one passenger. The Court of Appeal rejected the claim on the grounds that the deceased was at fault for rushing and hastily getting off, thereby reinforcing the principle that the carrier's responsibility encompasses ensuring safety and is based on purpose rather than merely fault.
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