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Chapter Law Content

Title: Railway Act CH
Category: Ministry of Transportation and Communications(交通部)
CHAPTER V Transportation
Article 46
Transportation contracts of passengers or freight are brought into existence due to the railway institutes’ acceptance of transportation. Passengers shall be transported on time, if unable to transport on time, railway institutions shall be liable to indemnify for the delay.
In case the aforementioned transportation delay is due to force majeure, the indemnity will be limited to a necessary fee of additional expense for delay of passengers.
Railway institutions shall provide the criterion of indemnity on delay situations and report to the MOTC to approve for future reference.
In case the damage to passenger exceeds the aforementioned criterion of indemnity, said passenger may still ask for indemnity on other acts.
Article 47
Railway transportation prices and miscellaneous expenses shall not take effect unless announced at the related stations.
Article 47-1
If part or all of the routes operated by the railway institution can be connected to the sightseeing areas along rail lines of a sightseeing service nature, a fee may be charged according to the content of the tourism service provided; the fee, scope, and the route, together with the tourism service plan shall be submitted to the competent authority for approval. After approval, they shall be announced and implemented by the railway institution. The same provisions shall apply in the case of a change therein.
The tourism service plan in the preceding paragraph shall include the following contents at minimum:
(1) The characteristics of the tourism service.
(2) The route(s), service scope, and schedule of the plan.
(3) Service content, cost, impact on local commuter and supporting measures, etc.
Article 48
Railway institutions have the right to refuse any freight whose nature may cause damage to persons or property, with the exception of those that railway institutions have announced to handle and transport.
In case of damage by railway institutions while transporting the aforementioned freight due to inconformity reports, the shipper of the freight shall be liable to pay compensation for the damage.
Article 49
Passengers riding without tickets or holding invalid tickets shall repurchase tickets and may be charged an additional 50% of the original price, unless valid reasons exist.
Railway institutions may examine the shipper’s freight if the name, character or magnitude reported is questionable. In case of examinations resulting in inconformity and causing the freight transportation fees to be undercharged, a supplement of not more than four times the difference shall be charged.
Article 50
Freight entrusted for transportation by passengers or shippers may report compensation insurance under railway institute’s regulations, and pay insurance fees.
Article 51
Freight that is not delivered over one month after the delivery period shall be considered lost by the shipper, and may request compensations from railway institutions, with the exception of those whose reasons for failure of delivery are not attributable to the railway institutions.
In the case of requesting the aforementioned compensations, those who have stated to retain the original freight may return the compensation and retrieve the original freight within one month after receiving freight arrival notifications.
Article 52
In the case of freight that cannot be delivered due to reasons not attributable to the railway institutions, railway institutions may place the freight in warehouses for safekeeping, and deliver warehouse receipts in place of the freight, with expenses paid by the owner of the freight.
The aforementioned regulations also apply to freight that has not been withdrawn after the withdrawing period.
Article 53
Railway institutions shall announce notices to make claims for the freight, safekeeping items, or items left behind of unknown ownership, and shall gain the ownership of unclaimed items after one year of said announcement.
Railway institutions may auction the freight, safekeeping items, or items left behind during the announcement period if the item is perishable, difficult to keep, or if its value will obviously not compensate for transportation and miscellaneous expenses, and shall temporarily retain the auctioned income for safekeeping.
Article 54
The following request claims shall become invalid if not exercised within one year, counted from the designated dates:
(1) Request claims for damage compensations due to loss, damage, or delayed delivery of freight, calculated from the date of payment.
(2) Request claims for deferred payments or refunds of freightage costs or miscellaneous expenses, calculated from the date on which notes are filled and issued.
(3) Request claims for delivery of freight, calculated from the expiration date of the delivery period.
(4) Request claims for payment of agency receipts, calculated from the date on which the railway institution’s agency payment receipt notice is issued.
Article 55
Compensations for loss or damage of freight shall be provided by Civil Act. Request claims of the freight shall follow the regulations of the Article 54.
Compensations for damage to luggage, valuables, animals, and compensation insured freight shall comply with their contracts.
Article 55-1
The rules of railway passengers, luggage, packages, freight transportation, railway institutions’ responsibility and other relevant matters shall be provided by the MOTC.