Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 217/1998. (XII. 30.) Korm. rendelet
Paragraph Index: 2866

d) other signs and inscriptions agreed in the contract of use. § 2 The signs and inscriptions provided for in § 1 may be completed by means of electronic identification. Article 4 Liability in case of loss of or damage to a vehicle § 1 The rail transport undertaking to which the vehicle has been provided for use as a means of transport shall be liable for the loss or damage resulting from loss of or damage to the vehicle or its accessories, unless it proves that the loss or damage was not caused by fault on its part. § 2 The rail transport undertaking shall not be liable for loss or damage resulting from loss of accessories which are not mentioned on both sides of the vehicle or in the inventory which accompanies it. § 3 In case of loss of the vehicle or its accessories, the compensation shall be limited, to the exclusion of all other damages, to the usual value of the vehicle or of its accessories at the place and time of loss. When it is impossible to ascertain the day or the place of loss, the compensation shall be limited to the usual value on the day and at the place where the vehicle has been provided for use. § 4 In case of damage to the vehicle or its accessories, the compensation shall be limited, to the exclusion of all other damages, to the cost of repair. The compensation shall not exceed the amount due in case of loss. § 5 The contracting parties may agree provisions derogating from §§ 1 to 4. Article 5 Loss of right to invoke the limits of liability The limits of liability provided for in Article 4 §§ 3 and 4 shall not apply, if it is proved that the loss or damage results from an act or omission, which the rail transport undertaking 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 6 Presumption of loss of a vehicle § 1 The person entitled may, without being required to furnish other proof, consider a vehicle as lost when he has asked the rail transport undertaking to which he provided the vehicle for use as a means of transport, to have a search for the vehicle carried out and if the vehicle has not been put at his disposal within three months following the day of receipt of his request or else when he has not received any indication of the place where the vehicle is situated. This period shall be increased by the time the vehicle is immobilised for any reason not attributable to the rail transport undertaking or owing to damage. § 2 If the vehicle considered as lost is recovered after the payment of the compensation, the person entitled may require the rail transport undertaking to which he provided the vehicle for its use as a means of transport, within a period of six months after receiving notice of it, that the 2006/128. szám vehicle be returned to him, without charge and against restitution of the compensation, at the home station or at another agreed place. § 3 In the absence of the request referred to in § 2, or alternatively if the vehicle is recovered more than a year after the payment of the compensation, the rail transport undertaking to which the person entitled provided the vehicle for use as a means of transport, shall dispose of the vehicle in accordance with the laws and prescriptions in force at the place where the vehicle is situated. § 4 The contracting parties may agree provisions derogating from §§ 1 to 3. Article 7 Liability for loss or damage caused by a vehicle § 1 The person who, pursuant to a contract referred to in Article 1, has provided the vehicle for use as a means of transport shall be liable for the loss or damage caused by the vehicle when he is at fault. § 2 The contracting parties may agree provisions derogating from § 1. Article 8 Subrogation When the contract of use of vehicles provides that the rail transport undertaking may provide the vehicle to other rail transport undertakings for use as a means of transport, the rail transport undertaking may, with the agreement of the keeper, agree with the other rail transport undertakings

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