Uniform Rules on Contracts for the use of vehicles in international rail traffic (CUV)
Article 1.
Scope
Uniform Rules shall apply to the two- or multilateral agreements on the use of railway vehicles as a means of transport for the implementation of traffic based on the CIV Uniform Rules and CIM Uniform Rules.
Article 2.
Definitions
For the purposes of these Uniform Rules the expression:
a) "Railway company" means any private or public, authorized to carry passengers or goods, and which provides traction,
b) "Vehicle" means any vehicle rolling on its wheels on rails, not self-propelled,
c) "Holder" means a person, who being the owner or authorized to dispose, continuously operated commercially rolling stock as a means of transport.
d) "Native station" means a city name appearing on the vehicle, to which the vehicle may or must be sent in accordance with the terms of use agreement.
Article 3.
Signs and labels on vehicles
§ 1. Notwithstanding the provisions of the Technical Admission of vehicles in international traffic, person, which entrusts the vehicle under a contract, referred to in Article. 1 should make sure, that have been posted on the vehicle:
a) Designation of the holder,
b) if necessary, designation of the railway undertaking, which was included in the fleet vehicle,
c) if necessary, name of the parent station,
d) Other marks and inscriptions agreed in the contract for the use of
§ 2. Marks and inscriptions, referred to in § 1 may be supplemented by electronic identification marks.
Article 4.
Liability for loss or damage to the vehicle
§ 1. Railway company, vehicle which has been entrusted to use it as a means of transport, responsible for damage resulting from loss or damage to the vehicle or part thereof, unless the company proves that, that the damage was not his fault.
§ 2. Railway company is not liable for damage resulting from loss of the vehicle is not registered on both sides of the wagon or not listed in the accompanying list of inventory.
§ 3. In case of loss of the vehicle or its parts, compensation is limited, the exclusion of all other damages, the utility value of the vehicle or its parts in time and place of loss. If you can not determine the time and place of loss, compensation is limited to the value in use at the time and place, in which the vehicle was handed over to use.
§ 4. In the event of damage to the vehicle or part thereof, compensation is limited, the exclusion of all other damages, costs incurred to repair. Compensation shall not exceed the amount payable in case of loss.
§ 5. The Parties may enter into agreements implementing the deviation from the provisions of § 1 do § 4.
Article 5.
Loss of right to rely on limited liability
Limitation of Liability, referred to in article 4 § 3 i 4 not applicable, if it is proved, that the damage resulted from an act or omission by the railway company, or with intent to cause damage or recklessly and with knowledge of release of the damage.
Article 6.
Presumption of loss of vehicle
§ 1. The person entitled may, without the need to provide other evidence, considered a vehicle for the missing, asked if rail transport operators, who entrusted the vehicle to use as a means of transport, search the vehicle and the vehicle has not been made available to the, within three months, date of submission of its request or has not received any information about the location, in which the vehicle / Deadline extended for the duration of immobilization of the vehicle, which was due to reasons not caused by the rail transport undertaking or by accident.
§ 2. If the vehicle is considered to be missing was found after the payment of compensation, the person entitled may require the rail transport operators, who entrusted the vehicle to use as a means of transport to within 6 months after receiving notice, the vehicle has been returned free of charge for reimbursement of compensation, at home station or at other agreed place.
§ 3. If the request, referred to in § 2 has not been filed or if the vehicle is found one year after the payment of compensation, railway company, which gave the vehicle a person entitled to use as a means of transport, proceeds from the vehicle in accordance with the laws and regulations of the car parking.
§ 4. The Parties may enter into agreements implementing the deviation from the provisions of § 1 do § 3.
Article 7.
Liability for damage caused by the vehicle
§ 1. Person, under a contract, referred to in Article. 1, sent the vehicle to use as a means of transport, responsible for damage caused by a vehicle, if it results from the fault.
§ 2. The Parties may enter into agreements implementing the deviation from the provisions of § 1.
Article 8.
Replacement
If the contract provides for the use of vehicles, that the railway company may transfer the vehicle to another railway company to use as a means of transport, railway company may, with the consent of the holder agree to other railway companies, that:
a) subject to the right of recourse, This company replaces the holder of the liability for loss or damage to the vehicle or part thereof,
b) Only the holder is liable to the other railway companies for damages caused by the vehicle, but the only rail company which is a participant in the agreement with the holder is entitled to claim in relation to other railway undertakings.
Article 9.
The responsibility for its employees and other persons
§ 1. The contracting parties are responsible for their employees and other persons, which they use in the performance of the contract, If these workers and others who perform their functions.
§ 2. If the parties do not otherwise agreed, Infrastructure Manager, which uses the rail transport company vehicle as a means of transport are considered employees, whose services the company uses rail transport.
§ 3. § 1 i 2 shall also apply in the case of replacement, referred to in Article. 8.
Article 10.
Other actions
§ 1. In all cases, in which this Uniform Rules, You can make a claim for compensation for loss of or damage to the vehicle or part thereof, irrespective of the title on which it is based, only rail against the company, whom the vehicle was transferred to its use as a means of transport under the conditions and limits defined in the Uniform Rules and the contract for the use of.
§ 2. § 1 shall also apply in the case of replacement, referred to in Article. 8.
§ 3. This also applies to each claim asserted by employees and other persons, which is responsible for the railway company, and to whom the vehicle was transferred for use as a means of transport.
Article 11.
Jurisdiction
§ 1. On the basis of an agreement pursuant to these Uniform Rules may be brought before a court established by agreement between the parties to the agreement.
§ 2. If the parties do not otherwise agreed, jurisdiction is the court of a Member State, in which the defendant is established. If the defendant is established in a Member State, jurisdiction is the place, in which the damage occurred.
Article 12.
Limitation of actions
§ 1. Claims arising out of Article. 4 i art. 7 shall expire after three years.
§ 2. The period of limitation shall run for actions:
a) based on Article. 4, from, in which the loss of or damage to the vehicle or an approved vehicle could be considered as lost in accordance with Article. 6 § 1 lub § 4.
b) based on Article. 7, from, in which the damage occurred.
