I. Analysis of Causes of High-speed Railway Failures
High-speed railway failures may be caused by a variety of reasons, such as aging equipment, improper maintenance, natural disasters and so on. For different types of failures, the compensation standard will be different. For example, for failures caused by aging equipment or improper maintenance, the XRL operator should bear greater responsibility; while for failures caused by force majeure factors (such as earthquakes, floods, etc.), the compensation standard may be adjusted.
II. Assessment of the extent of passengers' losses
The losses caused by the failure of the high-speed rail to passengers may include the cost of time, transportation cost, food and accommodation cost, and the cost of lost labor. In assessing the loss of passengers, the actual situation of the passengers, such as the purchase price of tickets, travel arrangements, occupational characteristics, etc., should be taken into account. For passengers who have suffered greater losses, the high-speed rail operator should give appropriate compensation.
Third, Compensation Methods and Contents
According to the relevant laws and regulations and the regulations of the high-speed rail operator, the compensation methods may include refund of tickets, change of tickets, provision of food and lodging, and so on. The high-speed rail operator shall also bear the corresponding compensation responsibility for the medical expenses and property losses caused by the failure of the high-speed rail. The specific compensation shall be determined by negotiation according to the degree of loss and actual situation of the passengers.
Fourth, Rights Defense Approach and Cautions
When passengers encounter the failure of high-speed rail, they should firstly contact with the high-speed rail operator to understand the cause of the failure and the compensation standard. If there is any objection to the compensation program, passengers can defend their rights through legal channels. In the process of defending their rights, passengers should keep relevant evidence, such as tickets and medical expense vouchers, in order to provide proof when necessary.
In summary:
The compensation standard of broken high-speed rail mainly depends on the cause of failure, the degree of loss of passengers and the provisions of relevant laws and regulations. The high-speed rail operator should compensate the damaged passengers according to the actual situation, including refunding tickets, changing tickets, providing food and accommodation, and medical expenses. Passengers should keep the relevant evidence in the process of defending their rights and do so through legal means.
Legal basis:
"Chinese People's Republic of China*** and the State Railway Law"
Article 12 stipulates:
Railway transport enterprises shall ensure the safety of passenger and cargo transportation, so that the train arrives on time.
Article 293 of the Contract Law of the People's Republic of China
provides:
The passenger transportation contract is established from the time when the carrier delivers the ticket to the passenger, unless the parties have agreed otherwise or there is another custom of trade.
The Law of the People's Republic of China on the Protection of Consumers' Rights and Interests
Article 44 stipulates:
If an operator provides goods or services that cause damage to the property of a consumer, he or she shall, at the request of the consumer, bear the civil liability by way of repairing, redoing, replacing, returning, replenishing the quantity of the goods, refunding the payment for the goods and the service, or compensating for the loss. Consumers and operators otherwise agreed, in accordance with the agreement to fulfill.