Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 217/1998. (XII. 30.) Korm. rendelet
Paragraph Index: 2732

b) if the person entitled does not prove that loss or damage has been suffered thereby, liquidated damages of 0.14 units of account per kilogram of gross mass of the luggage or 2.80 units of account per item of luggage, delivered late. The methods of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions of Carriage. § 2 In case of total loss of luggage, the compensation provided for in § 1 shall not be payable in addition to that provided for in Article 41. § 3 In case of partial loss of luggage, the compensation provided for in § 1 shall be payable in respect of that part of the luggage which has not been lost. § 4 In case of damage to luggage not resulting from delay in delivery the compensation provided for in § 1 shall, where appropriate, be payable in addition to that provided for in Article 42. § 5 In no case shall the total of compensation provided for in § 1 together with that payable under Articles 41 and 42 exceed the compensation which would be payable in case of total loss of the luggage. Section 3 VEHICLES Article 44 Compensation for delay § 1 In case of delay in loading for a reason attributable to the carrier or delay in delivery of a vehicle, the carrier must, if the person entitled proves that loss or damage has been suffered thereby, pay compensation not exceeding the amount of the carriage charge. § 2 If, in case of delay in loading for a reason attributable to the carrier, the person entitled elects not to proceed with the contract of carriage, the carriage charge shall be refunded to him. In addition the person entitled may, if he proves that loss or damage has been suffered as a result of the delay, claim compensation not exceeding the carriage charge. Article 45 Compensation for loss In case of total or partial loss of a vehicle the compensation payable to the person entitled for the loss or damage proved shall be calculated on the basis of the usual value of the vehicle. It shall not exceed 8000 units of account. A loaded or unloaded trailer shall be considered as a separate vehicle. 2006/128. szám Article 46 Liability in respect of other articles § 1 In respect of articles left inside the vehicle or situated in boxes (e.g. luggage or ski boxes) fixed to the vehicle, the carrier shall be liable only for loss or damage caused by his fault. The total compensation payable shall not exceed 1400 units of account. § 2 So far as concerns articles stowed on the outside of the vehicle, including the boxes referred to in § 1, the carrier shall be liable in respect of articles placed on the outside of the vehicle only if it is proved that the loss or damage results from an act or omission, which the carrier has committed either with intent to cause such a loss or damage or recklessly and with knowledge that such loss or damage would probably result. Article 47 Applicable law Subject to the provisions of this Section, the provisions of Section 2 relating to liability for luggage shall apply to vehicles. Chapter IV COMMON PROVISIONS Article 48 Loss of right to invoke the limits of liability The limits of liability provided for in these Uniform Rules as well as the provisions of national law, which limit the compensation to a fixed amount, shall not apply if it is proved that the loss or damage results from an act or omission, which the carrier has committed either with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result. Article 49 Conversion and interest § 1 Where the calculation of compensation requires the conversion of sums expressed in foreign currency, conversion shall be at the exchange rate applicable on the day and at the place of payment of the compensation. § 2 The person entitled may claim interest on compensation, calculated at five per cent per annum, from the day of the claim provided for in Article 55 or, if no such claim has been made, from the day on which legal proceedings were instituted. § 3 However, in the case of compensation payable pursuant to Articles 27 and 28, interest shall accrue only from the day on which the events relevant to the assessment of the amount of compensation occurred, if that day is later than that of the claim or the day when legal proceedings were instituted. § 4 In the case of luggage, interest shall only be payable if the compensation exceeds 16 units of account per luggage registration voucher. § 5 In the case of luggage, if the person entitled does not submit to the carrier, within a reasonable time allotted to him, the supporting documents required for the amount of the claim to be finally settled, no interest shall accrue between the expiry of the time allotted and the actual submission of such documents. Article 50 Liability in case of nuclear incidents The carrier shall be relieved of liability pursuant to these Uniform Rules for loss or damage caused by a nuclear incident when the operator of a nuclear installation or another person who is substituted for him is liable for the loss or damage pursuant to the laws and prescriptions of a State governing liability in the field of nuclear energy. Article 51 Persons for whom the carrier is liable The carrier shall be liable for his servants and other persons whose services he makes use of for the performance of the carriage, when these servants and other persons are acting within the scope of their functions. The managers of the railway infrastructure on which the carriage is performed shall be considered as persons whose services the carrier makes use of for the performance of the carriage. Article 52 Other actions § 1 In all cases where these Uniform Rules shall apply, any action in respect of liability, on whatever grounds, may be 2006/128. szám brought against the carrier only subject to the conditions and limitations laid down in these Uniform Rules. § 2 The same shall apply to any action brought against the servants and other persons for whom the carrier is liable pursuant to Article 51. Title V LIABILITY OF THE PASSENGER Article 53 Special principles of liability The passenger shall be liable to the carrier for any loss or damage

Source: https://magyarkozlony.hu/hivatalos-lapok/2e4053c97e04fee558f82d9fb365ea77452ed7bd/dokumentumok/66361d311c443bfe45b634a8bd519435b1a04ef7/letoltes