Standard Terms & Conditions | Bane NOR AST

1 Scope of application

The standard terms and conditions apply to the use of services covered by the Agreement on track access and use of services (AST) Sections 9.1.2, 9.1.3 and 9.1.4, cf. Sections 4-2, 4-4 and 4-5 of the Railway Regulations.

The standard terms and conditions only apply to services provided by Bane NOR, and not to services provided by others.

The standard terms and conditions do not apply to the rental of service buildings, service kiosks and employee parking offered by Bane NOR at stations, freight terminals or operating railway yards, etc., and the use of other facilities, facilities and services that fall outside the list in AST Sections 9.1.2, 9.1.3 and 9.1.4. For such rental and/or use, a separate agreement must be entered into with Bane NOR.

2 Further description of the services

The services regulated by the Standard Terms and Conditions are described in more detail in AST Sections 9.1.2, 9.1.3 and 9.1.4. In addition to the use of the station and freight terminal and the facilities located there to the extent stated in AST Section 9.1.2, this includes the use of the operating railway yard, staging area or similar operating base and the facilities located there to the extent stated in AST Sections 9.1.2 to 9.1.4.

The facilities, including land, buildings and equipment, which are wholly or partly designed to be able to provide one or more of the services described in more detail in AST Sections 9.1.2 to 9.1.4 are hereinafter referred to as service facilities. The quality of the services and changes in the service provision are regulated in AST Section 9.1.5.

3 Prices and payment for services

Bane NOR may determine the price of and charge for services in accordance with AST Section 13.

4 Basic requirements for the railway undertaking

4.1 Prudent and prudent use

The railway undertaking is responsible for ensuring that all its activities in connection with the use of facilities and facilities are carried out in a prudent and prudent manner and do not result in damage to Bane NOR's or others' property. The responsibility applies regardless of whether the activity is carried out by its own employees or by others in accordance with an agreement with the railway undertaking. The railway undertaking is obliged to immediately report to Bane NOR any damage to facilities and facilities that must be repaired without delay. Other damages and defects must be reported without undue delay. If the railway undertaking fails to give such notice to Bane NOR, the railway undertaking loses its possible claim for compensation and is liable for all damage resulting from the delay.

The railway undertaking shall not use the service facilities and facilities therein for purposes other than railway activities. The use shall be within what can be described as normal use of such facilities and facilities and shall otherwise be in accordance with permits granted by Bane NOR.

The railway undertaking's use of tracks, including terminal tracks and other tracks that are subject to capacity allocation pursuant to the Railway Regulations, shall take place in accordance with what follows from the allocated route charter.

Bane NOR can provide instructions and guidelines on the use of Service Facilities and their facilities to ensure safe use and efficient utilisation. The railway undertaking shall keep itself informed of and comply with such instructions and guidelines as they are formulated at all times.

4.2 Public requirements

The railway undertaking shall comply with any requirements in applicable laws and regulations that apply to the undertaking, as well as the prohibitions and orders issued pursuant to these in force at any given time.

The railway undertaking must have all the necessary permits and approvals for its activities and must obtain these itself.

The railway undertaking shall notify Bane NOR of orders directed directly at the railway undertaking by public authorities in connection with their activities at the Service Facility.

4.3 Safety requirements

All work in the vicinity of tracks in operation and Bane NOR's high-voltage facilities shall be carried out in accordance with Bane NOR's requirements for safe work in and around Bane NOR's infrastructure. Personnel who carry out work in and around Bane NOR's infrastructure must have completed the courses required by Bane NOR. Participation in courses under the auspices of Bane NOR is paid for by the railway undertaking according to specified rates.

The railway undertaking shall incorporate changes to Bane NOR's provisions on safety in its procedures as soon as Bane NOR has notified the railway undertaking of the change.

4.4 Duration of Stay at Service Facility

Service facilities and facilities there may only be used to the extent that this is in accordance with the allocated capacity. Use beyond this can be ordered as residual capacity.

It is not permitted to store damaged or inactive rolling stock. If the railway undertaking sets aside damaged or inoperative rolling stock, Bane NOR may remove it at the railway undertaking's expense.

4.5 Cooperation

The railway undertaking is obliged to cooperate with other users of facilities and facilities at the Service Facility to ensure efficient and safe use of the Service Facility. The railway undertaking shall ensure that tracks, including stabling and terminal tracks, are cleared and made available to other users of facilities and facilities until such time as other users have been granted access in accordance with the allocated route charter.

The railway undertaking shall inform Bane NOR and other users of facilities and facilities of matters that the railway undertaking should understand may have an impact on the performance and coordination of the activities at the service facility.

Bane NOR has the right and duty to participate in meetings and inspections that are of importance for the use of facilities and facilities, and for coordination and coordination with other railway undertakings that use the Service Facility.

Bane NOR can issue instructions and guidelines on how cooperation with other users of Service Facilities and their facilities should take place to ensure safe use and efficient utilisation of Service Facilities. The railway undertaking shall keep itself informed of and comply with such instructions and guidelines as they are formulated at all times.

4.6 Equipment

The railway undertaking's equipment may not be placed at the Service Facility in such a way that it causes disadvantages to Bane NOR's and others' operations. At freight terminals, forklifts, loading and unloading equipment, etc., must be placed in the terminal area in accordance with Bane NOR's instructions. If the railway undertaking is to temporarily store load carriers in a public terminal area, a separate agreement to this effect must be entered into with Bane NOR, cf. AST Section 9.1.6.

The railway undertaking must not use equipment that can cause damage to Bane NOR's or others' property. Bane NOR may impose restrictions on weight, size, etc. for equipment used on platforms and other facilities.

5 Main Corporate Responsibilities

The railway undertaking's main business liability is regulated in AST Section 15.

6. Dangerous goods

The railway undertaking is responsible for ensuring that all handling of dangerous goods takes place in accordance with applicable regulations. Necessary communication with public authorities shall be made by the railway undertaking. The railway undertaking is "responsible for the terminal" in accordance with Section 8 of the Regulations on the Land Transport of Dangerous Goods. Bane NOR shall, upon request, be provided with information about the railway undertaking's handling of dangerous goods in the public areas at the freight terminals.

7. Responsibility for operation and maintenance

Bane NOR's responsibility for the operation and maintenance of service facilities is regulated in AST Section 9.4.2. Bane NOR's responsibility for rectifying errors, defects and the like is regulated in Section 9.4.1, second paragraph, of the AS.

Bane NOR may require the railway undertaking to be responsible for the operation of all external areas of specified service facilities, including snow removal, spreading and sweeping of roads, access, parking lots and platforms, and maintenance of vegetation. The railway undertaking may cooperate with other users of the Service Facility on such operation and maintenance.

8. The railway undertaking's measures to or alterations to facilities and facilities, etc.

The railway undertaking may not carry out measures or changes to facilities and facilities, including the establishment of facilities or other investments on the property, without Bane NOR's prior written consent.

Prior consent from Bane NOR is also required where the railway undertaking wishes to use more electricity, water, air, sewerage, etc. than was required at the time of the agreement, and such increased use necessitates the establishment of new equipment, facilities, etc.

If Bane NOR gives prior consent for the railway undertaking to carry out measures, alterations, etc. on the facilities, Bane NOR must at the same time decide in writing whether the railway undertaking must remove or reverse the measure, alteration work, etc. in whole or in part. Unless otherwise agreed, the measure, alteration work, etc. described in this section will accrue to Bane NOR free of charge at the end of use. This is unless Bane NOR demands that the facilities be returned to their original condition.

The railway undertaking is responsible for obtaining the necessary public permits and otherwise complying with all public requirements that apply to works carried out in accordance with this Section 8.

9. Contingency plans

The railway undertaking shall coordinate its contingency plans with Bane NOR and other railway undertakings that use the Service Facility. Bane NOR may issue further instructions on the coordination of contingency plans that the railway undertaking is obliged to follow, cf. Section 10.2.3 of the AST.

10. The railway undertaking's liability to others

The railway undertaking is responsible for ensuring that contract assistants, subcontractors and its own customers, including freight forwarders and train companies, suppliers of goods and services, visitors and others whom the railway undertaking allows to enter the Service Facility, comply with applicable regulations, instructions and guidelines and any permits granted by Bane NOR. The railway undertaking shall ensure that the Standard Terms and Conditions are made known to and complied with by the participants, and the railway undertaking shall enter into agreements with the players in which the obligations under the Standard Terms and Conditions are continued.

If the railway undertaking uses others in connection with the use of the services pursuant to AST Sections 9.1.2, 9.1.3 and 9.1.4, Bane NOR may deal with the railway undertaking as if the railway undertaking itself were using the services.

11. Liability for damage to Bane NOR's and third parties' property

When using the following Service Facilities and services provided there, the railway undertaking is liable without regard to fault for any loss resulting from damage caused to the property of Bane NOR and/or third parties by the railway undertaking, its suppliers or others:

Bane NOR's stations
Bane NOR's freight terminals
Bane NOR's operating railway yards
Bane NOR's stabling track

For all other losses suffered by Bane NOR as a result of damage or inconvenience that the railway undertaking may cause to Bane NOR through the use of services to which the standard terms and conditions apply, the railway undertaking's liability is regulated in the provisions on compensation in AST Section 17.2.

12. Bane NOR's liability towards the railway undertaking

Bane NOR is liable for damage and loss that Bane NOR inflicts on the railway undertaking on the basis of general compensation rules, unless the liability is regulated in the provisions on compensation in AST Section 17.2.

13. Non-conformance management

All deviations from requirements relating to safety related to the activities at the Service Facility shall be reported immediately between the parties. Personnel involved in the activities at the Service Facility shall without delay report accidents and near-misses to Bane NOR and the railway undertaking, cf. AST Section 8, third paragraph.

14. Bane NOR's access to facilities and facilities

The standard terms and conditions do not imply any restriction on Bane NOR's ownership and right of disposal over the public areas of the Service Facility. This means, among other things, that Bane NOR can carry out work, including operational, maintenance and renewal work, or changes to the facility, without the train company being able to claim compensation for the disadvantages this causes to the business. In such work, Bane NOR shall take due account of the train company's activities.

15. Modification of the Standard Terms and Conditions

In the event of changes to the standard terms and conditions, AST Section 6 applies correspondingly.