Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 217/1998. (XII. 30.) Korm. rendelet
Paragraph Index: 2822

b) if only part of the consignment has lost value through damage, the amount which would have been payable had that part been lost. § 3 In case of damage to a railway vehicle running on its own wheels and consigned as goods, or of an intermodal transport unit, or of their removable parts, the compensation shall be limited, to the exclusion of all other damages, to the cost of repair. The compensation shall not exceed the amount payable in case of loss. § 4 The carrier must also refund the costs provided for in Article 30 § 4, in the proportion set out in § 1. Article 33 Compensation for exceeding the transit period § 1 If loss or damage results from the transit period being exceeded, the carrier must pay compensation not exceeding four times the carriage charge. § 2 In case of total loss of the goods, the compensation provided for in § 1 shall not be payable in addition to that provided for in Article 30. § 3 In case of partial loss of the goods, the compensation provided for in § 1 shall not exceed four times the carriage charge in respect of that part of the consignment which has not been lost. § 4 In case of damage to the goods, not resulting from the transit period being exceeded, the compensation provided for in § 1 shall, where appropriate, be payable in addition to that provided for in Article 32. § 5 In no case shall the total of compensation provided for in § 1 together with that provided for in Articles 30 and 32 exceed the compensation which would be payable in case of total loss of the goods. § 6 If, in ac cor dan ce with Ar tic le 16 § 1, the tran sit pe ri od has been es tab lis hed by ag re e ment, ot her forms of com pen sa ti on than tho se pro vi ded for in § 1 may be so ag re ed. If, in this case, the tran sit pe ri ods pro vi ded for in Ar tic le 16 §§ 2 to 4 are ex ce e ded, the per son en tit led may cla im eit her the com pen sa ti on pro vi ded for in the ag re e ment ment io ned above or that provided for in §§ 1 to 5. Article 34 Compensation in case of declaration of value The consignor and the carrier may agree that the consignor shall declare in the consignment note a value for the goods exceeding the limit provided for in Article 30 § 2. In such a case the amount declared shall be substituted for that limit. Article 35 Compensation in case of interest in delivery The consignor and the carrier may agree that the consignor may declare, by entering an amount in figures in the consignment note, a special interest in delivery, in case of loss, damage or exceeding of the transit period. In case of a declaration of interest in delivery further compensation for loss or damage proved may be claimed, in addition to the compensation provided for in Articles 30, 32 and 33, up to the amount declared. Article 36 Loss of right to invoke the limits of liability The limits of liability provided for in Article 15 § 3, Article 19 §§ 6 and 7, Article 30 and Articles 32 to 35 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 37 Conversion and interest § 1 Where the calculation of the 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 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 43 or, if no such claim has been made, from the day on which legal proceedings were instituted. § 3 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 2006/128. szám finally settled, no interest shall accrue between the expiry of the time allotted and the actual submission of such documents. Article 38 Liability in respect of rail-sea traffic § 1 In rail-sea carriage by the services referred to in Article 24 § 1 of the Convention any Member State may, by requesting that a suitable note be included in the list of services to which these Uniform Rules apply, add the following grounds for exemption from liability in their entirety to those provided for in Article 23:

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