Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 
Paragraph Index: 690

c) the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected. § 3 National law shall determine whether and to what extent the carrier must pay damages for harm other than that provided for in § 1. This provision shall be without prejudice to Article 44. Chapter III LIABILITY IN RESPECT OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES Section 1 HAND LUGGAGE AND ANIMALS Article 33 Liability § 1 In case of death of, or personal injury to, passengers the carrier shall also be liable for the loss or damage resulting from the total or partial loss of, or damage to, articles which the passenger had on him or with him as hand luggage; this shall apply also to animals which the passenger had brought with him. Article 26 shall apply mutatis mutandis. § 2 In other respects, the carrier shall not be liable for the total or partial loss of, or damage to, articles, hand luggage or animals the supervision of which is the responsibility of the passenger in accordance with Article 15, unless this loss or damage is caused by the fault of the carrier. The other Articles of Title IV, with exception of Article 51, and Title VI shall not apply in this case. Article 34 Limit of damages in case of loss of or damage to articles When the carrier is liable under Article 33 § 1, he must pay compensation up to a limit of 1,400 units of account per passenger. Article 35 Exclusion of liability The carrier shall not be liable to the passenger for loss or damage arising from the fact that the passenger does not conform to the formalities required by customs or other administrative authorities. Section 2 REGISTERED LUGGAGE Article 36 Basis of liability § 1 The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery. § 2 The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the registered luggage or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent. § 3 The carrier shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent in one or more of the following circumstances:

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