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Regulation (EC) No 1371/2007 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
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Changes over time for: CHAPTER III
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CHAPTER IIIU.K.LIABILITY OF RAILWAY UNDERTAKINGS FOR PASSENGERS AND THEIR LUGGAGE
Article 11U.K.Liability for passengers and luggage
Subject to the provisions of this Chapter, and without prejudice to [F1any enactment or rule of law] granting passengers further compensation for damages, the liability of railway undertakings in respect of passengers and their luggage shall be governed by Chapters I, III and IV of Title IV, Title VI and Title VII of Annex I.
Textual Amendments
F1Words in Art. 11 substituted (31.12.2020) by The Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1165), regs. 1(2), 9; 2020 c. 1, Sch. 5 para. 1(1)
Article 12U.K.Insurance
1.The obligation set out [F2as regards—
(a)Great Britain, in regulation 6 of, and paragraph 11 of Schedule 2 to, the Railway (Licensing of Railway Undertakings) Regulations 2005, and
(b)Northern Ireland, in regulation 44 of, and paragraph 11 of Schedule 2 to, the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016,]
as far as it relates to liability for passengers shall be understood as requiring a railway undertaking to be adequately insured or to make equivalent arrangements for cover of its liabilities under this Regulation.
F32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words in Art. 12(1) substituted (31.12.2020) by The Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1165), regs. 1(2), 10(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 12(2) omitted (31.12.2020) by virtue of The Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1165), regs. 1(2), 10(b); 2020 c. 1, Sch. 5 para. 1(1)
Article 13U.K.Advance payments
1.If a passenger is killed or injured, the railway undertaking as referred to in Article 26(5) of Annex I shall without delay, and in any event not later than fifteen days after the establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered.
2.Without prejudice to paragraph 1, an advance payment shall not be less than [F4£18,000] per passenger in the event of death.
3.An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation but is not returnable, except in the cases where damage was caused by the negligence or fault of the passenger or where the person who received the advance payment was not the person entitled to compensation.
Textual Amendments
F4Sum in Art. 13(2) substituted (31.12.2020) by The Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1165), regs. 1(2), 11; 2020 c. 1, Sch. 5 para. 1(1)
Article 14U.K.Contestation of liability
Even if the railway undertaking contests its responsibility for physical injury to a passenger whom it conveys, it shall make every reasonable effort to assist a passenger claiming compensation for damage from third parties.
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