Explanation of application of compensation in case of TCRs. In elaboration of the provisions of Network Statement, section 5.6.6.1, under the heading "Conversion works", the Parties agree as follows in relation to financial compensation in the event of decommissioning in relation to passenger transport:
A. Application of compensation
1. TCRs for which others than ProRail are applicants (Infrabel, XX Xxxx) fall outside the scope of this regulation.
2. The replacement passenger transport costs applicable for compensation are limited to the out-of- pocket costs, according to the description set out in point 1 above.
3. For the TCRs agreed in the 2024 Timetable on the route sections where Railway Undertaking provides public passenger transport, the percentage of the costs eligible for compensation shall be determined on an out-of-service basis based on the application of the provisions of section 5.6.6 of the Network Statement 2024.
4. In the event of a change in the scheduling of works, as set out in the list stated under point 3, in accordance with the following order:
a. There shall be no compensation if the entire TCR is cancelled, provided this has been notified to Railway Undertaking at least 16 weeks before the start of the scheduled TCR;
b. The level of compensation remains unchanged if:
i. the entire TCR is rescheduled at least 16 weeks prior to its commencement to another time and equivalent time in the same timetable year;
ii. part of the scheduled work does not take place or work is added to the TCR without having to adjust the alternative transport plan;
c. If, as a result of the adjustment of work, changes are made to the size of the TCR (number of tracks and number of days) and/or the nature of the work (modernisation, conversion or combination) and this change is agreed upon at least 16 weeks prior to commencement, the percentage to be compensated shall be determined anew.
Explanation of application of compensation in case of TCRs. In elaboration of the provisions of Network Statement, section 5.6.6.1, the Parties agree as follows in relation to financial compensation in the event of decommissioning in relation to passenger transport:
A. Application of compensation
1. TCRs for which others than ProRail are applicants (Infrabel, DB InfraGO) fall outside the scope of this regulation.
2. The replacement passenger transport costs applicable for compensation are limited to the out-of- pocket costs, according to the description set out in point 1 above.
3. For the TCRs agreed in the 2025 Timetable on the route sections where Railway Undertaking provides public passenger transport, the percentage of the costs eligible for compensation shall be determined on an out-of-service basis based on the application of the provisions of section 5.6.6
