Decree No 94 / 1973 Coll.
Ordinance of the Minister for Foreign Affairs of 25 February 1961 on the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV), concerning the responsibility of railways for the killing and injury of passengers
Valid
Effective from 01.01.1973
94
DECLARATION
Minister for Foreign Affairs
of 12 June 1973
concerning the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the Liability of Railways for the Death and Injury of Passengers
On 26 February 1966, the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 on the responsibility of railways for the killing and injury of passengers and Protocols A and B were negotiated in Bern.
The Additional Convention has been agreed The National Assembly on 8 September 1966 and the President of the Republic ratified it, subject to Article 1 (2) thereof:
"With reference to Article 1 (2) of the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail, concerning the liability of railways for the killing and injury of passengers, the Czechoslovak Socialist Republic reserves the right not to apply the Convention to its citizens or persons habitually resident in Czechoslovakia if an accident would have occurred in its territory."
The Additional Convention entered into force on 1 January 1973 pursuant to Article 25 thereof.
The President of the Republic also ratified Protocols A and B; Protocol A entered into force on 1 January 1972, Protocol B entered into force on 1 July 1972.
The Czech translation of the Additional Convention and Protocols A and B is announced simultaneously.
Minister:
Ing. Chupek v. r.
ADDITIONAL CONVENTION
to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the responsibility of railways for the killing and injury of passengers
Signed agents,
recognising the benefits of a uniform adjustment of railway liability for damage resulting from the killing, injury or other damage to the passenger's physical or mental health, as well as damage or loss of things he has with him during international transport,
decided to supplement the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 by the Additional Convention
and agreed on the following articles:
Heading of validity
§ 1. This Convention regulates the liability of railway undertakings for damage suffered by passengers as a result of an accident on the territory of a Member State of this Convention. Within the meaning of this Convention, passengers:
(a) passengers whose transport is governed by the International Convention for the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961;
(b) guides to consignments carried under the International Convention on the Transport of Goods by Rail (CIM) of 25 February 1961.
Article 2. Any Contracting State may declare, at the time of signature of this Convention, or at the time of deposit of the instrument of ratification or accession to it, that it reserves the right not to apply this Convention to passengers who have suffered an accident in its territory if such passengers are nationals of, or habitually resident in, that State.
Scope of liability
§ 1. The railway is responsible for the damage caused by the passenger being killed, injured or otherwise affected on its physical or mental health as a result of an accident in connection with the railway operation during the stay of the passenger in vehicles or when boarding or leaving.
Furthermore, the railway is responsible for damage caused by damage or the total or partial loss of items which the passenger is wearing or carrying with him of such accident as hand luggage; This also applies to animals that carry passengers with them.
§ 2. The railway is relieved of this liability if the accident was caused by circumstances not originating in the operation, and the railway could not prevent these circumstances from being averted by the consequences of the care under the conditions required.
Article 3. The railway is relieved of this responsibility in whole or in part to the extent that the accident was caused by the fault of the passenger or his behaviour which was not in conformity with the normal behaviour of the passenger.
Article 4. The railway is relieved of this responsibility if the accident was caused by the behaviour of a third party and the railway could not prevent this behaviour, nor could it be averted by the consequences of the care as required.
If the liability of the railway is not excluded under the preceding paragraph, the railway shall be liable for all damage with restrictions under this Additional Convention and without prejudice to any penalty against a third party.
Section 5. Railway liability in cases not covered by Paragraph 1 shall remain unaffected by this Convention.
§ 6. "Railway responsible" within the meaning of this Convention is a railway which, according to the list of lines within the meaning of Article 59 of the CIV, operates a line on which an accident has occurred. If, according to this list of lines, it is the joint operation of two railways, each of them is responsible.
Compensation for damage to the death of a passenger
Section 1. When a passenger is killed, compensation shall include:
(a) the necessary expenditure resulting from death, in particular the cost of transporting the corpse and the funeral costs to the country or to the fire;
(b) where death has not occurred immediately, compensation for damage as referred to in Article 4.
Article 2. If the death of a passenger has lost the provider of the person who has been legally or would have been obliged to provide support in the future, this damage must also be compensated. The right of persons to whom a traveller has provided food without legal obligation shall be governed by domestic law.
Compensation for damage to passengers
In the event of injury or other damage to the person's physical or mental health, compensation shall include:
(a) the necessary expenditure, in particular medical and medical costs and transport costs;
(b) the property damage suffered by the traveller by losing, in whole or in part, his earning capacity or by increasing his needs.
Compensation for other damage
Whether and to what extent the railway is obliged to compensate for damage other than those referred to in Articles 3 and 4, in particular physical and mental suffering (painful) and aesthetic damage, shall be determined under domestic law.
Method and limitation of compensation for damage caused by the death or injury of a passenger
Paragraph 1. Compensation for damage within the meaning of Article 3 (2) and Article 4 (b) shall be granted in the form of capital; However, where domestic law allows the payment of a contribution, compensation shall be granted in this way if the injured passenger or persons authorised under Article 3 (2) so request.
Article 2. The amount of compensation to be granted under Paragraph 1 shall be determined under domestic law. However, for the application of this Convention, a maximum amount of 200 000 francs shall be fixed for each passenger for the payment of capital or an annual rent corresponding to that amount if, under domestic law, the maximum amounts are set at a lower rate.
Limitation of compensation for damage or loss of goods
If the railway is to provide damages for damage under the provisions of this Convention or the total or partial loss of items which the affected passenger has worn or carried with him as hand luggage (including animals), compensation may be requested for such damage up to a maximum of 2000 francs per passenger.
Amount of damages due to malicious intent or gross negligence
Articles 6 and 7 of this Convention or provisions contained in domestic law in which compensation is limited by a certain amount shall not apply where the damage is caused by malicious intent or gross negligence by the railway.
Interest and reimbursement
Section 1. The beneficiary may claim interest on compensation of 5% per year. Interest shall begin on the day of the claim or, if the claim has not been lodged, on the day of the application. However, for the compensation provided for in Article 3 and Article 4, interest shall begin to run only on the date on which the circumstances applicable to the fixing of the refund occurred, if that date is later than the date on which the claim or application was lodged.
Article 2. The compensation received unlawfully must be recovered.
Prohibition of limitation of liability
The tariff provisions and special arrangements between the railway undertaking and the passenger, according to which the liability of the railway undertaking under this Convention would be excluded in advance in whole or in part, reverse the burden of proof imposed on the railway undertaking or reduce the maximum amounts set for compensation in Articles 6 (2) and 7 shall be void. However, this nullity shall not result in the nullity of the transport contract; it remains subject to the provisions of the CIV and this Convention.
Railway liability for its workers
The railway is responsible for its workers and for other persons it uses to carry out the transport.
However, if, on request of a passenger, railway workers provide him with matters which do not belong to the rail, they shall be considered as agents of the passenger for whom they are active.
Application of claims for other legal reasons
In the cases of Article 2 (1), a claim for compensation may be claimed against the railway, whatever the legal basis, only under the conditions and with the restrictions contained in this Convention.
The same shall apply to claims against persons guaranteed by the railways pursuant to Article 11.
Complaints
Section 1. Authorisations shall be subject to claims for damages under this Convention of Complaints. Complaints may be lodged with one of the following railways if it has its registered office in the territory of a Contracting State of this Convention:
1. for the responsible rail; if, pursuant to Article 2 (6), two railways are responsible, one of them;
2. at the starting rail;
3. for the rail of destination;
4. in the case of rail, the place of permanent or usual residence of the passenger.
§ 2. Complaints must be submitted in writing. The documents which the creditor considers appropriate to attach to his claim must be presented in the original or in a copy; copies shall be duly verified on request by the railway undertaking.
Actions
Claims for damages under this Convention may only be brought before the responsible railway.
In the joint operation of two railways, the applicant shall have a choice between these railways. This right of choice shall cease as soon as the action has been brought against one of these railways.
Jurisdiction
Unless otherwise provided for in State contracts or concessions, claims based on this Convention may be invoked only in the courts of the State in whose territory the passenger has been injured.
Termination of entitlements
Section 1. The entitled person loses his rights if he does not notify the passenger of the accident no later than three months after he has learned of the damage, one of the railways for which a claim may be made pursuant to Article 13.
If the beneficiary notifies the accident orally, the railway must issue him a certificate of such oral notification.
§ 2 However, claims shall not cease:
(a) where the creditor has exercised his rights in respect of one of the railways referred to in Article 13 (1) within the period laid down in Article 1;
(b) if the creditor proves that the accident was caused by the fault of the railway;
(c) where the omission or delay of the notification has been brought about by circumstances which do not involve the liability of the creditor;
(d) if, pursuant to Article 2 (6), two railways are responsible, one of them has become aware, within the period laid down in Article 1, of the accident of the passenger by another means.
Limitation of entitlements
§ 1. Claims for compensation under this Convention shall be barred:
(a) for a passenger in three years, counting from the first day following the accident;
(b) for other beneficiaries in three years, counting from the first day after the passenger's death, but not later than five years from the first day after the accident.
Article 2. Where the authorised railway undertaking submits a claim pursuant to Article 13, the three limitation periods referred to in Article 1 shall be suspended until the date on which the railway undertaking rejects the claim in writing and returns the documents annexed thereto. If the complaint is partially met, the limitation period begins again only for the part that remains questionable. Proof of the submission of a complaint, of its execution or of the return of documents shall be furnished by the party claiming this fact.
Other claims relating to the same claim do not constitute a statute of limitations.
§ 3. Entitlements which are barred may not be exercised either by way of an action against each other or by objection.
Article 4. Subject to previous provisions, domestic law shall apply to limitation periods.
Home law
Section 1. If the provisions of this Convention are not provided for, domestic law shall apply.
Article 2. For the application of this Convention, "domestic law 'means the law of the State in whose territory a passenger has been injured, including the rules of private international law.
General rules on management
In all disputes concerning claims under this Convention, the law of the competent court shall apply to proceedings, unless this Convention contains any other provision.
The enforceability of judgments. Security
§ 1. Judgments, including those which have been issued by a competent court pursuant to the provisions of this Convention and which have become enforceable under the laws applicable to that court, shall be enforceable in each other Contracting State as soon as the formalities prescribed in the State concerned have been completed. Substantial examination is inadmissible.
This provision shall not apply to judgments which are provisionally enforceable and also not to the part of the judgment in which the applicant who has been subject to the dispute is ordered to provide compensation in addition to the costs.
The agreements concluded between the parties before the competent court for the purpose of termination of the dispute shall have the same effect as the judgments if they have been entered in the record before the court.
Article 2. The lodging of a security at the costs of the dispute may not be required in actions brought under this Convention.
Monetary provisions
Franks within the meaning of this Convention are gold francs weighing 10 / 31 grams of purity 0,900.
Mixed transport
§ 1. This Convention shall not apply, subject to the provisions of § 2, to damage arising during transport to certain motorways or shipping lines registered in the schedule of lines referred to in Article 59 of the CIV.
Article 2. Where railway wagons are carried on board a ship, this Convention shall apply to damage covered by Article 2 (1) which passengers suffer as a result of an accident in connection with the operation of railway vehicles during their stay in such vehicles or when boarding or leaving.
For the application of the preceding paragraph, the State in whose territory the passenger has been injured shall be the State whose flag the ship is carrying.
Article 3. If, as a result of exceptional circumstances, the railway is obliged to suspend its operation temporarily and transport or have passengers transported by other means of transport, it shall be liable under the law applicable to such means of transport. However, Articles 13 to 17, Article 18 (2), Article 19 and Article 20 of this Convention shall apply in such cases.
Responsibility for the consequences of nuclear accidents
The railway is exempt from the liability imposed by this Convention if the damage was caused by a nuclear accident and if, under the special provisions in force in the Contracting State on nuclear liability, the owner of the nuclear installation or a person assimilated to it is responsible for such damage.
Signature
This Convention shall be open until 1 July 1966 for signature by States invited to be present at a conference held in Bern from 21 to 26 February 1966.
Ratification and validity
This Convention shall be subject to ratification; instruments of ratification shall be deposited with the Government of Switzerland as soon as possible.
Once this Convention has been ratified by 15 States, the Swiss Government, in conjunction with the participating States, shall enter into force to determine the date on which the Convention enters into force.
Access
If a State participating in the International Convention for the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961, which has not signed this Convention, wishes to accede to it, it shall inform the Swiss Government; it shall inform all Contracting States thereof.
Accession shall become effective one month after the date on which the Swiss Government notified the Contracting States thereof.
Duration and revision
This Convention shall be of the same duration as the International Convention on the Carriage of Passengers and Travel Luggage by Rail (CIV) of 25 February 1961; may be revised in the manner set out in Article 68 (1) of the CIV Convention and, where appropriate, included in it.
The text of the Convention. Official translations
This Convention is concluded and signed in French language in accordance with diplomatic practice.
The French text is annexed to the German, English and Italian texts which have the validity of official translations.
In the case of differences, the French text is standard.
To confirm this, the following agents, whose powers of attorney have been found to be in good and proper form, have signed this Convention.
Done at Bern on the 26th of February, a thousand ninety-nine hundred and sixty-six in the original, which shall remain in the archives of the Swiss Confederation; one official copy shall be delivered to each Contracting State.
Protocol A
prepared by an extraordinary conference meeting to appoint members of the Administrative Committee of the Central Office of International Rail Transport and to adopt the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the responsibility of railways for the killing and injury of passengers
On the occasion of an extraordinary conference held in Bern on 21-26 February 1966 to appoint members of the Administrative Committee of the Central Office of International Rail Transport and to adopt the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the responsibility of railways for the killing and injury of passengers, signed by the Authors, the following are agreed:
Given that the recent extension of the international conventions to the States of North Africa, the Middle East and the Middle East shows that it is very difficult to respect a fair geographical distribution when the composition of the Administrative Committee, as also provided for in the Conventions, is limited to nine members, it is decided to amend the provisions of Article 1 (2) (a) of Annex V to the CIM and the Annex to the CIV so that the number of members of the Administrative Committee is extended from nine to eleven:
"§ 2. - (a) The Administrative Committee shall meet in Bern. It shall be composed of eleven members selected from the Contracting States. ';
This Protocol supplementing the CIM and CIV Conventions of 25 February 1961 shall remain open for signature by 1 July 1966.
It shall enter into force on 1 March 1966. As regards its ratification and its final entry into force, the provisions of Articles 66 and 69 (2) CIM and Articles 65 and 68 (2) CIV shall apply mutatis mutandis.
In order to prove this, the authorised representatives, who were found to be in good and appropriate power, signed this Protocol.
Danded in Bern, the twenty-sixth of February in the year of the thousand and ninth of the sixteenth, in one specimen which will remain in the archives of the Swiss Confederation and whose certified copy will be submitted to each party.
Protocol B
prepared by an extraordinary conference meeting to appoint members of the Administrative Committee of the Central Office of International Rail Transport and to adopt the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the responsibility of railways for the killing and injury of passengers
On the occasion of an extraordinary conference held in Bern on 21-26 February 1966, to elect the members of the Administrative Committee of the Central Office of International Rail Transport by Rail and to adopt the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the responsibility of railways for the killing and injury of passengers, signed by the authorised representative, the following have been agreed:
1. Since the Convention on the Liability of Railways for the Death and Injury of Passengers constitutes the Additional Convention to the International Convention on the Carriage of Passengers and Travel Luggage by Railways of 25 February 1961, it is decided that States which have not signed the Convention of 25 October 1952 and 25 February 1961, as well as parts of the territories of those States on whose railway lines the Convention of 25 February 1961 applies, may, on the basis of the provisions of Section I of the Additional Protocol to the International Convention on the Carriage of Goods by Rail (CIM) and passengers and baggage (CIV), signed in Bern on 25 February 1961, participate in the Additional Convention to the CIV, on the responsibility of the rail for the death or injury of passengers.
This Protocol supplementing the Additional Convention of 26 February 1966 on rail liability for the killing or injury of passengers shall remain open for signature by 1 July 1966. It is subject to ratification.
States not signing this Protocol before that date and States participating in that Additional Convention pursuant to Article 26 may accede to this Protocol on the basis of a notification.
The instrument of ratification or accession shall be deposited with the Swiss Government.
This Protocol shall enter into force six months before the date set for the implementation of the Additional Convention of 26 February 1966.
In order to prove this, the authorised representatives, who were found to be in good and appropriate power, signed this Protocol.
Danded in Bern, the twenty-sixth of February in the year of the thousand and ninth of the sixteenth, in one specimen which will remain in the archives of the Swiss Confederation and whose certified copy will be submitted to each party.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 94 / 1973 Coll., concerning the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 concerning the responsibility of railways for the killing and injury of passengers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.1973 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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