Transportation and Common Carriers Quiz

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Questions and Answers

What is transportation?

The movement of people and goods from one location to another.

Which of the following are types of transportation?

  • Air (correct)
  • Water (correct)
  • Land (correct)
  • Intermodal (correct)

What are the roles of transportation in logistics?

Transportation is a physical link connecting a firm to its suppliers and customers; it is also a link between fixed facilities in a node and link scenario; it adds value to the product by providing time and place utility for the firm's goods.

What is a common carrier?

<p>Operators of public utility vehicles are considered as common carriers. A common carrier is defined under the Philippine Civil Code as &quot;persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public&quot;.</p> Signup and view all the answers

What are the Elements of a Common Carrier?

<p>Business of transportation (A), For compensation (B), For public use (C)</p> Signup and view all the answers

A common carrier is liable for damages to products carried.

<p>True (A)</p> Signup and view all the answers

A contract carrier does not have to serve the general public.

<p>True (A)</p> Signup and view all the answers

Which of the following is a characteristic of a common carrier?

<p>They cannot lawfully decline to accept a particular class of goods for carriage (A), No monopoly is favored (B), It is for public convenience (C), They are regarded to some extent as a public service (D)</p> Signup and view all the answers

What is Charter?

<p>&quot;It means that there is a contract between the passenger and the carrier wherein the latter undertakes to transport the former to his destination safely.&quot;</p> Signup and view all the answers

Why is extraordinary diligence not good enough for common carriers?

<p>Common carriers engaged in the carrying of passengers, from the nature of its business and for reasons of public policy, is bound to observe extraordinary diligence to ensure the safety of the passengers transported by them. The law further provides that a common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.</p> Signup and view all the answers

A common carrier is responsible for injuries suffered by passenger on account of the willful acts or negligence other passengers or strangers, if the common carriers' employees could have prevented or stop the act or omission.

<p>True (A)</p> Signup and view all the answers

Common carriers are absolved from liability when there is an Act of the public enemy in war, whether international or civil.

<p>True (A)</p> Signup and view all the answers

What is Contract of Carriage?

<p>A contract between a carrier of goods or passengers and the consignor, consignee or passenger.</p> Signup and view all the answers

What is an air waybill?

<p>A non-negotiable document issued by a carrier when goods are transported by air. An air waybill acts as delivery instructions, a contract of carriage, and a cargo receipt for air freight.</p> Signup and view all the answers

What is a Bill of lading?

<p>A document detailing the method and path of a shipment, acting as a contract for the movement of the goods.</p> Signup and view all the answers

What are the liabilities of International Air Carriers according to Warsaw Convention?

<p>Suits can only be brought in countries that are signatories, or where the ticket was purchased, final destination or where carrier has a principal place of business.</p> Signup and view all the answers

What is Carriage of Goods by Sea (COGSA)?

<p>Carriage of Goods by Sea</p> Signup and view all the answers

What are the liabilities under COGSA?

<p>Breach of Contract (A), Tort or Quasi-delict (B)</p> Signup and view all the answers

Can a person suing a common carrier maintain an action under both grounds?

<p>No</p> Signup and view all the answers

What are some examples of damages recoverable from common carriers?

<p>Temperate or Moderate (A), Exemplary or Corrective (B), Actual or Compensatory (C), Nominal (D), Moral (E), Liquidated (F)</p> Signup and view all the answers

The airline industry is primarily regulated by the Civil Aeronautics Board (CAB) and Air Transportation Office (ATO).

<p>False (B)</p> Signup and view all the answers

What is the governing law for air transportation in the Philippines?

<p>The governing law is R.A. No. 776 a.k.a. Civil Aeronautics Act of the Philippines.</p> Signup and view all the answers

What is the definition of a Tour Operator?

<p>Any person or entity engaged in the business of organizing and/or conducting tours as well as making online reservations, arranging and booking for transportation and accommodation for a fee, commission, or any form of remuneration. (B)</p> Signup and view all the answers

What is the definition of a Travel Agency?

<p>Any person or entity engaged in the business of providing travel-related services such as transportation or accommodation reservations/bookings, documentation of travel papers, sale and/or issuance of tickets and selling of outbound tours for a fee, commission, or any form of remuneration. (A)</p> Signup and view all the answers

What is the definition of a Travel and Tour Agency?

<p>A primary tourism enterprise regularly engaged in both Tour Operator and Travel Agency services.</p> Signup and view all the answers

What is a Local Tour?

<p>A tour of residents of the Philippines within the country.</p> Signup and view all the answers

What is an Outbound Tour?

<p>Tour of individuals/groups outside the philippines</p> Signup and view all the answers

What is a Branch Office?

<p>An office or outlet/tour desk which is located other than the travel and tour agency main office location that sells, offers or conducts tours.</p> Signup and view all the answers

What is a Commercial Building?

<p>A building other than a residential building, developed for commercial use.</p> Signup and view all the answers

What does a dormant application refer to?

<p>An application that has not been acted upon by the applicant for forty-five (45) days.</p> Signup and view all the answers

Who may apply for an accreditation of a Travel and Tour Agency?

<p>Resident Filipino citizen registered as - Single or Sole Proprietorship (A), Corporations organized under Philippine Laws (B), Partnership organized under Philippine Laws (C), Cooperative duly organized under Philippine Laws (D)</p> Signup and view all the answers

What are the Mandatory Documentary Requirements for a new application for a Travel and Tour Agency?

<p>Valid Mayor's/Business Permit (A), Proof of working capital (B), Documents to prove a minimum of three (3) years managerial experience in travel and tour agency operations or proof of passing a Travel and Tour Agency Management Course or its equivalent (C)</p> Signup and view all the answers

What is the name of the document that lists those who can be exempt from travel tax in the Philippines?

<p>Sec. 2 of PD 1183, as amended</p> Signup and view all the answers

Which of the following is NOT a type of passport that is issued to Filipinos?

<p>Tourist (C)</p> Signup and view all the answers

Define transportation.

<p>The movement of people and goods from one location to another.</p> Signup and view all the answers

What are the different modes of transportation?

<p>Land, Water, Air, Intermodal (D)</p> Signup and view all the answers

How does transportation connect the firm to its suppliers and customers?

<p>It serves as the physical link between the firm's suppliers and customers.</p> Signup and view all the answers

What are the 4 types of carriers?

<p>Common Carrier, Regulated Carrier, Contract Carrier, Private Carrier (B)</p> Signup and view all the answers

Common carriers are liable for damages to products carried.

<p>True (A)</p> Signup and view all the answers

What is a regulated carrier?

<p>A regulated carrier is found in motor and water carriage.</p> Signup and view all the answers

What is a contract carrier?

<p>A for-hire carrier that doesn't have to serve the general public.</p> Signup and view all the answers

What is a private carrier?

<p>A firm's own transportation service.</p> Signup and view all the answers

Common carriers are defined as the business of carrying passengers or goods, or both, by land, water, or air, for compensation, and offering their services to the public.

<p>True (A)</p> Signup and view all the answers

What are the three elements of a common carrier?

<p>Business of transportation, for compensation, and for public use.</p> Signup and view all the answers

What is the difference between a common carrier and a private carrier?

<p>A common carrier is regulated and obliged to serve all who seek its services, whereas a private carrier operates exclusively for a single client and doesn't have to adhere to government regulations.</p> Signup and view all the answers

What is the nature of a common carrier?

<p>By the very nature of their business and for reasons of public policy, they are required to observe <strong>extraordinary diligence</strong> to ensure the safety of goods and passengers.</p> Signup and view all the answers

When does the responsibility of common carriers to exercise extraordinary diligence begin and end?

<p>It begins the moment the passenger presents themselves at the proper place in a proper manner to be transported and ends when the passenger has safely alighted from the conveyance or had a reasonable opportunity to leave the carrier's premises.</p> Signup and view all the answers

What is a charter?

<p>A contract between a passenger and a carrier wherein the carrier undertakes to transport the passenger safely to his/her destination.</p> Signup and view all the answers

Define a contract of carriage.

<p>An agreement between a carrier and consignor, consignee, or passenger addressing the rights, duties, and liabilities of the parties toward goods or passengers.</p> Signup and view all the answers

What is a bill of lading (BOL or B/L)?

<p>A document issued to a shipper detailing the method and path of a shipment.</p> Signup and view all the answers

What are the jurisdictions for lawsuits against international air carriers under the Warsaw Convention?

<p>The suit can be brought in the country where the ticket was purchased, the passenger's final destination, or the carrier's principal place of business. In the case of death or personal injury, an action can be filed in the passengers' principal residence if the carrier operates there.</p> Signup and view all the answers

What are actual damages?

<p>Compensatory damages that are adequate compensation for pecuniary loss.</p> Signup and view all the answers

How do hotels, resorts, and apartment hotels obtain higher star ratings?

<p>By providing higher service and facility quality, facility condition, and improved business practices.</p> Signup and view all the answers

Define mandatory requirements as they apply to hotel ratings.

<p>Mandatory requirements are prescribed by existing laws, without which, no accreditation shall be issued to the enterprise.</p> Signup and view all the answers

Define minimum requirements as they apply to hotel ratings.

<p>Minimum requirements are a minimum to achieve a certain classification.</p> Signup and view all the answers

What actions can result in the cancellation of a hotel's accreditation?

<p>It can be revoked for various reasons, including unauthorized transfer or reproduction of accreditation documents, gross misconduct by staff members, failure to meet standards and requirements, failure to comply with the law, or violating any of the rules and regulations of the Department of Tourism.</p> Signup and view all the answers

How can the Department of Tourism supervise accredited establishments?

<p>They have access to the establishment's office and records, check their accreditation seal, and conduct periodic inspections.</p> Signup and view all the answers

What should a travel and tour agency do when applying for accreditation?

<p>They should comply with all the basic requirements of a regular travel and tour agency.</p> Signup and view all the answers

What are the penalties for a travel and tour agency found deficient in inspections?

<p>The Department of Tourism may issue a Notice of Deficiency, giving the establishment a reasonable period of time to rectify the deficiencies, before revoking the accreditation and applying fines.</p> Signup and view all the answers

Tour coordinators and foreign tour escorts are allowed to act as tour guides in the Philippines.

<p>False (B)</p> Signup and view all the answers

Gambling is illegal in the Philippines.

<p>False (B)</p> Signup and view all the answers

What is the legal gambling age in the Philippines?

<p>21 years old.</p> Signup and view all the answers

Government officials in the Philippines are allowed to enter casinos.

<p>False (B)</p> Signup and view all the answers

Explain the difference between on-premise catering and off-premise catering.

<p>On-premise catering is done in the caterer’s own location with an attached kitchen, while off-premise catering involves the caterer bringing the complete service to the customer's chosen location.</p> Signup and view all the answers

The Food Safety Act of 2013 aims to protect the public from food-borne and water-borne illnesses.

<p>True (A)</p> Signup and view all the answers

Flashcards

What is transportation?

Transportation is the movement of people and goods from one place to another. It's also the movement of products within the distribution channel.

What are the different modes of transportation?

Different modes of transportation include land transport (rail and road), water transport (ship, boat), air transport (plane, helicopter), and intermodal transportation (combination of two or more).

What are the roles of transportation in logistics?

Transportation is the physical link connecting a firm to its suppliers and customers. It acts as the link between fixed facilities like warehouses and factories in logistics. Transportation also adds value to a product by making it available at the right time and place.

What is a common carrier?

A for-hire carrier that serves the general public at reasonable rates and without discrimination. They are liable for damages to products carried, except for acts of God, acts of the public enemy, shipper's actions, and inherent product defects.

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What is a regulated carrier?

Regulated carriers operate in motor and water carriage. They are subject to regulations including entry controls, reasonable rates, nondiscrimination, and providing safe and adequate services.

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What is a contract carrier?

A for-hire carrier that does not have to serve the general public. They can serve one or a few shippers exclusively and may offer specialized equipment.

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What is a private carrier?

Private carriage is a firm's own transportation system. It's not for-hire and not subject to federal regulations. It might not be the firm's primary business, but they can assess internal charges for transportation services.

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What is the difference between a common carrier and a private carrier - Common carrier?

A common carrier holds itself out as ready to carry goods for all who employ them. They are obligated to carry goods as long as the goods are within the types they usually carry and the shipper tenders reasonable payment.

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What is the difference between a common carrier and a private carrier - Private carrier?

A private carrier only agrees to carry goods for hire in specific cases and for private individuals. They are not obligated to carry goods unless they enter a special agreement.

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What is a charter?

A contract between a passenger and a transportation provider where the provider undertakes to transport the passenger to their destination safely.

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What are the characteristics of a common carrier - Public service?

A common carrier is considered a public service because they hold themselves out to transport goods for hire. They are obligated to serve all who apply and are liable for refusal without sufficient reason.

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What are the characteristics of a common carrier - No discrimination?

A common carrier cannot lawfully decline to carry a particular class of goods to the detriment of the traffic in those goods, unless they have reasonable and necessary grounds for discrimination.

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What are the characteristics of a common carrier - No monopoly?

No monopolies are favored in common carrier services. The Public Service Commission has the power to implement rules for the convenience of the public.

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What are the characteristics of a common carrier - Public convenience?

Common carrier services are for public convenience. They provide a service that benefits society.

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What is the degree of diligence required of a common carrier?

A common carrier is obliged to exercise extraordinary diligence to ensure the safety of passengers. This means they must use the utmost care and foresight.

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What is the presumption of fault for common carriers?

Common carriers are presumed to have been at fault or negligent in cases of death or injury to passengers, unless they can prove they exercised extraordinary diligence.

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What is a contract of carriage?

A contract of carriage is a legally binding agreement between a carrier and a shipper or passenger, outlining rights, duties, and liabilities. These contracts often address issues like acts of God and include clauses like force majeure.

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What is an air waybill?

An air waybill is a non-negotiable document issued for air cargo. It serves as delivery instructions, a contract of carriage, and a receipt for the goods being transported.

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What is a bill of lading?

A bill of lading is issued to a shipper, detailing the method and path of a shipment. It's a contract for the movement of goods, serves as a receipt for the cargo, and can act as proof of ownership.

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What are the liabilities of international air carriers according to the Warsaw Convention?

The Warsaw Convention establishes liabilities for international air carriers. This convention establishes time limits for filing notices and suits, as well as the types of damages recoverable.

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What is the Montreal Convention?

The Montreal Convention is an updated version of the Warsaw Convention. It strengthens passenger rights and increases compensation for damages.

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What is COGSA?

The Carriage of Goods by Sea Act (COGSA) governs liabilities for cargo shipped by sea. This act establishes specific liabilities for damaged or lost goods during transportation.

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What are the ways to enforce the liability of common carriers?

When a common carrier fails to meet the standard of care required by law, they can be sued for breach of contract or tort (a civil wrong). However, an action cannot be maintained under both grounds.

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What are the types of damages recoverable from common carriers?

Actual damages compensate for proven financial losses, while moral damages address emotional harm or suffering. Nominal damages acknowledge a violated right, temperate damages are estimated losses, and liquidated damages are agreed upon in advance.

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What are exemplary damages?

Exemplary damages are imposed as a punishment and deterrent in addition to other damages. They are used to deter similar behavior by the common carrier in the future.

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What is a tour operator?

A tour operator organizes and conducts tours, makes online reservations, and arranges transportation and accommodation for a fee or commission.

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What is a travel agency?

A travel agency provides travel-related services like transportation and accommodation bookings, documentation of travel papers, and selling tickets and outbound tours.

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What is a travel and tour agency?

A travel and tour agency combines the services of a tour operator and a travel agency, offering both tour organizing and travel booking services.

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What is an online travel and tour agency?

An online travel and tour agency conducts all operations through websites and online platforms dedicated to travel and tour services.

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What is an inbound tour?

A tour of groups or individuals to the Philippines or any place within the country.

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What is a local tour?

A tour of residents of the Philippines within the country.

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What is an outbound tour?

A tour of individuals or groups outside the Philippines.

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Where should the DOT Accreditation Sticker be displayed?

The DOT Accreditation Sticker should be displayed in a conspicuous place in all accredited establishments.

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Is the DOT Accreditation Seal transferable?

The DOT Accreditation Seal is non-transferable, meaning it cannot be used by different establishments or companies.

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What are roles of transportation in logistics?

Transportation acts as the physical connection between a company and its suppliers and customers. It's the link between fixed facilities (like warehouses and factories). Transportation also adds value to products by delivering them at the right time and place.

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What are the elements of a common carrier?

  1. Business of transportation. 2. For compensation. 3. For public use. 4. Extraordinary diligence.
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