Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (IN)
Title I. General Provisions
Article 1.
Scope
§ 1. These Uniform Rules shall apply to any contract for use of railway infrastructure for the operation of international meaning of the CIV Uniform Rules and CIM Uniform Rules. The rules apply regardless of residence and nationality of the parties to the agreement. These Uniform Rules shall also apply, the railway infrastructure is managed or used by the state or by state institutions or governmental organizations.
§ 2. Subject to the provisions of Article. 21, these Uniform Rules shall not apply to other legal relations, and in particular:
a) liability of the carrier or operator to its employees or other persons, the services they use in carrying out their tasks,
b) responsibility between the operator or manager on the one hand and third parties on the other hand.
Article 2.
Limitation of liability in case of bodily harm
§ 1. Each Member, may at any time reserve the right not to apply in relation to victims of accidents caused in its territory all of the provisions concerning liability for damage to bodily, If the victims are citizens or persons with permanent residence in that State.
§ 2. You, which has made a reservation in accordance with § 1, may withdraw it at any time, notifying the Depositary. The withdrawal shall enter into force one month after the date of, in which the Depositary has notified the Member States.
Article 3.
Definitions
For the purposes of these Uniform Rules the expression:
a) "Railway infrastructure" means all the railway lines and fixed installations, if they are necessary to ensure traffic safety and rail transport,
b) "Managing" means udostępniającego rail infrastructure,
c) "Carrier" means the railway lines carrying persons or goods in international traffic under the CIV Uniform Rules and CIM Uniform Rules,
d) "Staff" means employees and other persons, services used by the carrier or managing the implementation agreement, provided that such employees or other persons shall perform their duties,
and) "Third party" means any person other than the Managing, carrier and its auxiliary persons,
f) "License" means a license for activities of the rail carrier, issued in accordance with laws and regulations of the State, where the carrier is established "
g) "Safety certificate" means a document stating, accordance with the laws and regulations of the State, in which the infrastructure used, that in so far as it relates to the carrier:
– internal organization of enterprises, and
– personnel, which will be employed for use of infrastructure and vehicles, that will be used for the infrastructure, meet safety requirements to ensure safe transport services on that infrastructure.
Article 4.
Governing Law
If these Uniform Rules provide otherwise, any provision that may directly or indirectly evade their use is invalid. The invalidity of such provision shall not affect the validity of the remaining contract. However, parties to the contract, may take on greater responsibility and greater commitment from those specified in these Uniform Rules or the maximum amount of compensation for damage to property.
Title II. Agreement for use
Article 5.
Treść the form
§ 1. Relations between management and the carrier specified in the agreement for use.
§ 2. The agreement shall specify in particular the administrative, technical and financial operation and include at least the following markings:
a) infrastructure, which will be used.
b) Extent of Use,
c) management services,
d) carrier services,
and) personnel, which will be employed,
f) vehicles, that will be used,
g) financial terms.
§ 3. The Contract is concluded in written form or in the form of its equivalent. The absence or irregularity of a written statement or form of its equivalent, or the lack of one of the indications listed in § 2 not affect the existence or validity of the contract remains subject to these Uniform Rules.
Article 6.
Specific duties of the carrier and managerial
§ 1. The carrier shall be entitled to pursue the rail carrier. Recruited staff and used in vehicles should meet the safety requirements. The Executive may request, to the carrier confirmed by presenting a valid license and safety certificate or officially certified copies or otherwise confirmed, that meets these requirements.
§ 2. The carrier shall notify management of any event which might affect the validity of his license, safety certificate or other document confirming.
§ 3. Administrator may require the carrier to prove, that it has entered into an agreement giving sufficient liability insurance or, that he has taken equivalent action to cover all claims based on Article. 9 do art. 21, regardless of what title they could arise. Each year, the carrier must prove the existence of the proper form of insurance or an equivalent security. He is obliged to immediately notify management of any change in the existing insurance contract prior to its entry into force.
§ 4. The contracting parties should inform each other of any event which may threaten the execution of an agreement concluded by them.
Article 7.
Duration of contract
§ 1. Agreement for use may be concluded for a definite or indefinite.
§ 2. The Executive may terminate the operation immediately, if:
a) carrier is no longer authorized to conduct business of the carrier rail,
b) hired and used vehicles to meet the demands of safety,
c) the carrier is late with payment, namely:
1. for two consecutive periods and the amount of monthly usage in excess of, or
2. for a duration of more than two periods in an amount equal to the value of use for two months,
d) carrier drastically violated one of the specific duties, referred to in Article. 6 § 2 i 3.
§ 3. The carrier may immediately terminate the contract if the manager loses the use of the right to manage the infrastructure.
§ 4. Any party may immediately terminate the contract for use in the event of a drastic violation by the other party of one of the primary responsibilities, If this obligation is related to the safety of persons or goods; parties may agree to derogate from the exercise of this right.
§ 5. Party to the contract, which led to its termination, liable to the other party for damages arising out of this unless, that proves, that the damage arose not her fault.
§ 6. Parties may agree to deviations from the provisions of § 2 lit. c i d § oraz 5.
Title III. Responsibility
Article 8.
Management's Responsibilities
§ 1. Management is responsible for:
a) personal injury (death, Tell them injury or other violation of physical or mental health),
b) damage to property (destruction or damage to movable or immovable property),
c) damage to property resulting from the compensation payable by the carrier under the CIV Uniform Rules and CIM Uniform Rules,
caused to the carrier or his staff by the infrastructure manager at the time of use. § 2. The Executive shall be relieved of liability:
a) for personal injury and damage to property resulting from the compensation payable by the carrier under the CIV Uniform Rules:
1. if the event causing the damage created by circumstances not connected with the management of infrastructure and the management, in spite of the necessary care required by the circumstances of the case, they could not avoid and the consequences of which could not prevent,
2. the extent to which the event causing the injury was the fault of the victim,
3. if the event causing the damage is the result of conduct of a third party managing the, despite the circumstances of the case ordered, could not avoid the consequences of which could not prevent.
b) for material damage and damage to property resulting from the compensation payable by the carrier under the CIM Uniform Rules; if the damage was the fault of the carrier or the carrier as a result of the command is not charged on board or by circumstances, it could not avoid and the consequences of which could not prevent.
§ 3. If the event causing the damage was caused by the behavior of a third party and if management responsibility is not completely excluded in accordance with § 2, lit. a, it bears the full responsibility of the extent to which these Uniform Rules, without prejudice to any right of recourse against the third party.
§ 4. The Parties may enter into an agreement setting out whether and to what extent the manager is responsible for damage caused to the carrier because of delays or disruptions in service.
Article 9.
The liability of the carrier
§ 1. The carrier is responsible for:
a) personal injury (death, injury or any other violation of physical or mental health),
b) damage to property (destruction or damage to movable or immovable property), caused the manager or his staff during the use of infrastructure by means of transport used, persons or goods transported.
§ 2. The carrier shall be relieved of liability:
a) for personal injury:
1. if the event causing the damage created by circumstances not connected with the carrier and the carrier, in spite, applied the necessary care required by the circumstances of the case, could not avoid the consequences of which could not prevent,
2. the extent to which the event causing the injury was the fault of the victim,
3. if the event causing the damage created by the conduct of a third party, and the carrier, despite the care required by the circumstances of the case, could not avoid and the consequences of which could not prevent,
b) for damage to property, if the injury arose from the fault of management or management because of the command is not charged on the carrier or by circumstances, which the carrier could not avoid the consequences of which could not prevent.
§ 3. If the event causing the damage was caused by the behavior of a third party and if management responsibility is not completely excluded in accordance with § 2, lit. a, it bears the full responsibility of the extent to which these Uniform Rules, without prejudice to any right of recourse against the third party.
§ 4. The Parties may enter into an agreement setting out, whether and to what extent the carrier is liable for damages due to delays in the management or operating disturbances.
Article 10.
Causes of concomitant
§ 1. If the reasons depend on the management and the reasons depend on the carrier contributed to the injury, any party shall be liable for harm only the causes of its subsidiaries, accordance with Article. 8 i art. 9. If you can not determine the extent to which each cause contributed to the injury, Each party shall bear the burden of injury, which suffered.
§ 2. § 1 shall apply mutatis mutandis, if the cause depends on the management and the reasons depend on a number of carriers utilize the same infrastructure contributed to the injury.
§ 3. In the case of damage, referred to in Article. 9, § 1, first sentence, shall apply accordingly "if the cause depends on a number of carriers utilize the same infrastructure contributed to the injury. If you can not determine the extent to which they contributed to the injury, carriers are accountable to the Executive in equal parts.
Article 11.
Compensation for death
§ 1. In case of death, compensation includes:
a) necessary costs of the death, in particular those of transport of the body and funeral expenses,
b) if death does not occur immediately, compensation, referred to in Article. 12.
§ 2. If, as a result of the death of a person, in respect of which the deceased person had or would in future legal duty to maintain, lost its support, This loss is also subject to countervailing. A claim for compensation for dependents of the deceased, who was not legally bound to, governed by national law.
Article 12.
Compensation for injury
In the event of injury or any other physical or mental health, compensation includes:
a) necessary costs, and in particular the costs of treatment and transportation,
b) compensation losses due to total or partial incapacity for work or due to the increased needs resulting from an accident.
Article 13.
Compensation for other damages resulting from personal injury
National law shall determine, whether and to what extent the manager or the carrier shall be obliged to compensation for damages resulting from personal injury, other than those, referred to in Article. 11 i art. 12.
Article 14.
The form and amount of compensation in case of death or injury
§ 1. Compensation, referred to in Article. 11 § 2 i art. 12 lit. b must be paid in cash. However, the, in cases where national law permits the granting of pensions, damages shall be in the form, if the injured person or persons entitled, referred to in Article. 11 § 2, requests it.
§ 2. The amount of damages awarded pursuant to § 1 determined by national law. However, the, where national law provides for a lower ceiling height, when using these Uniform Rules shall be, for each person, the upper limit of 175 000 units of account as a lump sum or as annuity corresponding to the total.
Article 15.
Loss of right to limit liability
Limitation of liability provided for in these Uniform Rules and the provisions of national law limiting damages to a certain amount do not apply, if it is proved, that the damage resulted from an act or omission committed by the perpetrator of the damage, or an intention to cause or recklessly and with knowledge that the likelihood of release of the damage.
Article 16.
Conversion and interest
§ 1. If the calculation of compensation requires the conversion of sums expressed in foreign currencies, conversion shall be at the rate applicable on the date and place of payment of compensation.
§ 2. The person entitled may claim interest on compensation, calculated at five per cent per annum, but interest shall accrue from the date of initiation of conciliation or from the date of referral to arbitration, referred to in Title V of the Convention or from the date of filing legal action.
Article 17.
Liability in case of nuclear incidents
Managers and the carrier shall be exempt from liability incurred by them under these Uniform Rules if the damage was as a result of a nuclear accident, and if by the laws and regulations on liability for nuclear energy, force in the country the person operating the nuclear device or replacing it, the person responsible for such damage.
Article 18.
Responsibility for staff
Managers and the carrier responsible for their staff.
Article 19.
Other actions
§ 1. In all cases, in which they apply these Uniform Rules may be brought against the manager or the carrier for damages, regardless of title on which it is based only on the conditions and limits laid down in these Uniform Rules.
§ 2. This provision also applies to claims against the servants, for the manager and the carrier is responsible under Article. 18.
Article 20.
Contract Process
The parties may determine by agreement the conditions, on what their legal rights for compensation or under what conditions deviate from their investigation in relation to the other party.
Tytuł IV. Claims personnel
Article 21.
Claims against the Executive or the carrier
§ 1. Any claim relating to the liability of the carrier brought by workers against the management for damages caused by him, regardless of title, may be pursued only under conditions and limits laid down in these Uniform Rules.
§ 2. Any claim relating to the liability brought by employees of the Executive against the carrier for damages caused by him, regardless of title, may be pursued only under conditions and limits laid down in these Uniform Rules.
Tytuł V. The investigation of claims
Article 22.
Conciliation
The parties may determine by agreement, conciliation procedure, or refer the matter to an arbitral tribunal, referred to in Title V of the Convention.
Article 23.
Claim back
The legitimacy of the payments made by the carrier under the CIV Uniform Rules or under the CIM Uniform Rules can not be questioned, if compensation has been determined by the court after notice to the Executive in due manner and after giving his accession to intervene in the dispute.
Article 24.
Jurisdiction
§ 1. Lawsuits based on these Uniform Rules may be brought in the courts of the Member State, appointed by common accord of the parties to the contract.
§ 2. Unless the parties have agreed otherwise, the competent courts are the courts of that Member State, where the operator has its headquarters.
Article 25.
Limitation
§ 1. Claims arising out of these Uniform Rules shall expire after three years.
§ 2. The period of limitation runs from the, in which the damage occurred.
§ 3. In the event of death of the person, the claim shall lapse after three years from the day, the date on which death occurred, but not later than five years, counting from the day after, where the accident occurred.
§ 4. Action back the person found responsible, may be brought even after the expiry of the limitation period, referred to in § 1, if it was brought within the time permitted by state law, when proceedings are instituted. However, period shall not be less than ninety days, from the date of, of which the claimant considered the complaint or feedback she received a notice to commence proceedings against her.
§ 5. The limitation period is suspended, if the parties have agreed conciliation procedure or brought the matter to the arbitration tribunal, referred to in Title V of the Convention.
§ 6. Subject to the suspension and interruption determined by national law.
