TRANSPORT BY RAIL

A passenger has, in the first place, the right to be informed of a delay and the estimated time of departure as soon as such information is available.

In the event that the delay is longer than 60 minutes, the passenger has the right to:

• abandon the voyage and obtain full refund of the ticket and, if necessary, to return to the point of departure as soon as possible;
• continue with the voyage or take an alternative itinerary, on condition that it be a similar means of transport, to the final destination as soon as possible without incurring further costs;
• continue with the journey or take an alternative itinerary to the final destination at a later date at the discretion of the passenger, without incurring further costs.

If the passenger is not offered an alternative itinerary within the period of 100 minutes from the original time of departure or missed connection, he/she may arrange with the railway company the possibility of independently organising an alternative trip on other public transport services by rail or bus and recover from the railway company such disbursement within 30 days of the claim. At the expiry of the 100 minutes, the passenger may arrange alternative transport without the prior consent of the railway company.

In cases of delay in the arrival time at the station of destination, the passenger has the right to compensation equivalent to:

• 25% of the ticket price for a delay lasting between 60 and 119 minutes;
• 50% of the ticket price for a delay of at least 120 minutes.

Whenever, during the validity period of the travel ticket or from the abandonment, delays of less than 60 minutes occur repeatedly, these delays may be calculated cumulatively, and the passengers can receive compensation in terms of the modalities for compensation from the railway company.

A railway company is not bound to give compensation in the event that it can show that the delay, missed connection or cancellation is due to or wholly resulting from:

• extraordinary circumstances external to the operation of the railway, such as extreme weather conditions, serious natural disasters or serious health crises that the railway company could not avoid or was unable to prevent;
• the fault of the traveller;
• conduct by third parties that the railway company could not avoid and the consequences of which could not be prevented such as persons on the rails, cable theft, on board emergencies, law enforcement activities, sabotage, or terrorism.

Moreover, no compensation shall be provided if:

• the ticket price is equivalent to or less than €4;
• the passenger was informed of the delay before purchasing the ticket.

In the event of delay in arrival or departure or in the event of cancellation, passengers have the right to assistance in terms of meals and beverages in correspondence with the waiting time and, if necessary, overnight stays and transport between the railway station and the accommodation where necessary and if physically possible.

In the event that the train is blocked on the rails, the passenger shall have the right to use, if physically possible, an alternative means of transport between the train and the railway station, to an alternative departure point or to the final destination. If the train service cannot continue, the railway company is obliged to organise alternative transport services for the passengers as soon as possible.

A passenger has, in the first place, the right to be informed of the cancellation and receive assistance in terms of meals, hotel accommodation if necessary overnight and alternative transport when appropriate.

He/she may, also, choose between:

• abandoning the voyage with consequent full ticket refund for the part of the voyage not undertaken and for the parts that may have been undertaken but no longer worthwhile for any original plans; in this last case, the opportunity should be given to return to the place of departure as soon as possible
• undertaking the journey or continuing therewith using other means but under the same transport conditions, as soon as possible or at a later date

Passengers with disabilities and persons with reduced mobility have the right to travel under the same conditions as other passengers, without incurring additional costs. The railway company or ticket vendor or tour operator may not refuse a reservation nor require the presence of an accompanying assistant unless the latter is indispensable for guaranteeing compliance with the rules that govern access to the service. In the latter case, the accompanying assistant has the right to travel free of charge and be seated, if possible, alongside the person with a disability or reduced mobility. In the event that confirming the booking is not possible or if an accompanying assistant is required, the railway company shall inform the passenger within 5 working days. Moreover, railway companies, ticket vendors or tour operators must provide the passenger with the necessary information prior to, during and after the journey in the most suitable way. What is more, passengers with disabilities or reduced mobility have the right to free assistance, both at the station, if attended, and on-board trains and this should be requested 24 hours prior to the journey.  In any case, the railway company and the station manager are bound to make every reasonable effort to provide the necessary assistance to a person with disabilities or with reduced mobility even without notification.

In cases where the railway company causes damage to the equipment used for mobility purposes or to guide-dogs used by persons with a disability and with reduced mobility, compensation must be provided for:

• the cost of replacement or repair of the equipment used for mobility and lost or damaged assistive apparatus;
• the cost of replacement (in the case of loss) or the treatment of injuries to the guide-dog;
• reasonable costs for the temporary replacement of mobility equipment, of assistive apparatus or of guide-dogs when such replacement has not been attended to by the station manager.

For journeys which comprise one or more connections acquired in a single transaction but operated by different carriers, the passenger has the right to be informed whether the ticket constitutes a cumulative ticket. In such cases, the carrier which sells the entire trip is liable to the passenger for a delay or missed connection. If the ticket is acquired in a single transaction and includes stretches operated by different carriers, arranged independently by a tour operator or ticket vendor, in the event of delay or missed connection, the latter are required to refund the cost of the ticket or tickets and to pay a penalty equivalent to 75 % of such an amount except when the passenger has not been previously and adequately informed of the involvement of separate transport contracts. The reimbursement and the penalty shall be paid within 30 days of receipt of the claim.

Passengers have the right to embark their own bicycles on payment of a reasonable fee and by prior reservation if this is provided for in accordance with the nature of the train on which he/she travels. If reserved places for bicycles are not available, the passenger, nevertheless has the right to embark his/her bicycle ensuring that it does cause a nuisance to other passengers and does not interfere with the operation of the train service.  A passenger who is prevented from carrying his/her own bicycle on board the train even when in possession of a valid reservation, has the right to claim a refund of the ticket, an alternative voyage, assistance, and a penalty as is provided for in the event of delay or cancellation of the service when such refusal is groundless.

In cases of injury to or death of the passenger as a result of a train accident, the railway company responsible for the service is required to pay compensation for injury to the passenger or his/her relatives except in cases where the causes and circumstances are not attributable to the company itself.

In any event, the railway company is required to offer whatever may be necessary for the practical and immediate needs of the passenger. In particular, the case of death, the railway company is liable for refund of expenses consequent on the death such as transport of the remains and the funeral expenses and for the payment of damages to the persons who, at the death of the passenger remain without support. If there is psychological and physical harm, the passenger may claim for damages that include both costs of necessary care as well as for biological injury resulted therefrom. The railway company is also liable for damages from the partial or total loss or damage to items which the passenger, whether injured or deceased, carried or were on his person or hand luggage, as well as animals, on condition that responsibility for the damage can be attributed to the railway company. To cover injuries to or death of a passenger, the railway company is required to obtain insurance and, when the event is confirmed, to pay within 15 days from the accident an advance to cover the most urgent financial needs of the victims of the accident and their relatives which, in the case of death of a passenger, shall not be less than 21 000 Euro.

If the luggage handed in to the rail transporter is damaged or lost, the passenger has a right to compensation, unless the incident was caused by the passenger him/herself or was the result of defective packing, the special nature of the luggage or the item itself was not suited to be transported as luggage. Further, the luggage is deemed irretrievably lost if it is not returned within 14 days of the passenger requesting the return, showing the relevant receipt. Partial damage to or impairment to the luggage shall be immediately notified for the completion of the requisite complaint register. In point of fact, if the luggage is accepted without there being any complaint, the right to compensation is waived, unless the railway company refuses to complete the complaint register. If the damage is not immediately apparent, a complaint must be lodged within 3 days of the delivery unless it cannot be shown that the damage occurred during the time the luggage was under the control of the railway company.