Network Statement 2014 - ProRail

General Terms & Conditions Access Agreement ProRail 2013 (version 1 July 2012)Title I.General Terms & ConditionsArticle 1.DefinitionsThe definitions below are used in these General Terms & Conditions.1. (Supplementary) service licence: the licence referred to in Section 36, Paragraph 3 and 5, Railways Act.2. General Terms & Conditions: these general terms and conditions.3. Operating Licence: the licence as referred to in Section 28 Railways Act.4. Handling costs: extra office and communication costs, administrative costs involved in handling the lossevent, costs of replanning the operational activities and the costs of additional personnel required during theperiod that the loss event hampers normal operational activities.5. Network manager: the holder of a concession as referred to in Section 16, Paragraph 1, Railways Act.6. Concession: the concession as referred to in Section 16, Paragraph 1, Railways Act.7. CUI: Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI –Appendix E to the Convention concerning International Carriage by Rail (COTIF), Treaty Series 277 2011dated 28 December 2011).8. Third party: any natural person and/or legal entity other than the network manager, the railway undertaking ortheir auxiliary staff.9. Auxiliary staff: the subordinate or other natural person and/or legal entity, whose services are engaged by therailway undertaking or the network manager in the sense of Book 6 Dutch Civil Code.10. Admission Certificate: the certificate as referred to in Section 36, Paragraph 4, Railways Act, as applicable on19 July 2008.11. Minister: the Minister of Infrastructure and the Environment.12. Network Statement: the applicable network statement as referred to in Section 58 Railways Act, including theSupplements to the network statement that have been announced up to and including the day before thesigning of the Access Agreement.13. Operational Conditions: the operational conditions as included in Appendix 2 of the Access Agreement.14. Party: the network manager or the railway undertaking.15. Parties: the network manager and the railway undertaking.16. Test Certificate: the certificate as referred to in Section 34 Railways Act.17. Loss event: an event or series of events, resulting in loss, following on from one and the same cause.18. Railway vehicle: a vehicle intended for traffic on the railways.19. Railways: the railways and accompanying railway infrastructure as referred to in Section 1c Railways Act, themanagement of which has been assigned to the network manager, as well as other infrastructural facilitiesmanaged by the network manager, as described in Chapter 3.2.1. of the Network Statement.20. Railway undertaking: a railway undertaking as referred to in Section 1f Railways Act, being the contractingparty of the network manager to the Access Agreement.21. Railways Act: Act of 23 April 2003, containing new general rules regarding the construction, management,accessibility and use of railways, as well as traffic on the railways (Bulletin of Acts and Decrees 2003, 264) asamended since that date.22. Access Agreement: the agreement, including the appendices thereto, as referred to in Section 59 of theRailways Act.23. Attributable: loss that due to fault or a cause that under law, regulations or custom is for the risk and accountof the party causing the loss.24. Safety Certificate: the certificate as referred to in Section 32 Railways Act.25. Passenger Transport Act 2000: Act of 6 July 2000, laying down new rules for public transport, private bustransport and taxi transport (Bulletin of Acts and Decrees 2000, 314) as amended since that date.Article 2.Access Agreement, General Terms & Conditions and Operational Conditions1. The contractual legal relationship between the parties concerning the access to and use of the railways is laiddown in writing in the Access Agreement, the General Terms & Conditions and the Operational Conditions.2. Supplements and/or changes to the General Terms & Conditions and/or the Operational Conditions agreedby the parties are binding only if determined in writing in the Access Agreement.3. The persons appointed as contract manager on behalf of the railway undertaking and the network managerwill be specified in the Access Agreement. The parties may in the Access Agreement also appoint categoriesof officials who are authorised to implement the Access Agreement on their behalf.4. The Access Agreement may also include further regulations on the handling of complaints about operationalmatters.5. If and insofar as a railway undertaking, under the terms of a contract concluded with the network manager,acts as auxiliary staff of the network manager in performance of the Concession granted to the networkmanager, and damage is caused to a decommissioned section of the railways and/or the decommissionedsection of the railways is not available to the railway undertaking and/or damage is caused to the railwayappendix 5 Model Access Agreement and General Terms & ConditionsNetwork Statement 2014 Combined Network - version 1.0 dated 9 January 2013 page 101