COMPLAINTS

Terms and Important Notes

Your complaint must be submitted to us within three months of the event in question, otherwise the claim will be invalid.

We will respond to you within 30 days of receiving your complaint. After this time, you can:

– utilize alternative dispute resolution procedures (See *Note 01: Conciliation Procedures: Extrajudicial and Judicial on this page)

– submit a complaint to the Transport Regulatory Authority, via the Electronic Complaints Acquisition System (SiTe), accessible from the website www.autorita-trasporti.it, or via the dedicated form at Via Nizza 230, 10126 Turin, or email pec@pec.autorita-trasporti.it

– obtain automatic compensation as provided below:

 

Automatic Compensation

For the complaint submitted, you are entitled to receive automatic compensation commensurate with the price of the travel ticket for the transport service, in an amount not less than:

1. a) 10% if the response is provided between the ninety-first and one hundred and twentieth days after receipt of the complaint;
2. b) 20% if no response is provided within one hundred and twentieth days of receipt of the complaint.

In the case of a season ticket, the amount of this compensation will be divided based on the number of days the season ticket is valid.

 

Automatic compensation is not due if:

1. a) the amount is less than €4;
2. b) the complaint is not submitted by the user according to the procedures, minimum information, and deadlines indicated on this page;
3. c) the user has already received compensation for a complaint regarding the same trip.

 

*Note 1: Conciliation Procedures: Out-of-Court and Judicial

To initiate a conciliation procedure to resolve a dispute with the Company, the customer can contact:

– Art and Conciliaweb – If the complaint is not resolved or the passenger does not receive a response within the expected timeframe, for out-of-court dispute resolution through conciliation between the parties involved, ART provides the CONCILIA WEB platform available at https://www.autorita-trasporti.it/conciliaweb/

– Chamber of Arbitration for Conciliation – The relevant chambers of commerce offer conciliation and mediation services to resolve disputes. The procedure is free if the citizen is assisted by a consumer association; however, legal assistance is not necessary.

– Ombudsman – Passengers can contact their regional ombudsman, who can facilitate communication between the citizen and the service provider to resolve the dispute.

– Justice of the Peace – If other means of resolution are unsuccessful, the citizen can contact a Justice of the Peace or the competent court for the value and territory, according to the procedures established by current legislation.

To learn more about rail passenger rights, visit: http://ec.europa.eu/transport/themes/passengers/rail/index_en.htm

 

Non-Jurisdictional Dispute Conciliation Procedures

Relevant Legislation

Art. 10 of Law 118/2022, which amended Article 37, paragraph 2, letter e), and paragraph 3, letter h) of Legislative Decree 201/2011;

ART Resolution 21/2023 of February 8, 2023;

Regulations for the initial implementation of the procedures for the non-judicial resolution of disputes between economic operators managing transport networks, infrastructures, and services and users or consumers, pursuant to Article 10 of Law No. 118 of August 5, 2022.

 

Conditions for Admissibility

Article 3 – Mandatory Conciliation Attempt:

For disputes referred to in Article 2, paragraph 1 only, until the mandatory conciliation attempt pursuant to these Regulations has been completed, judicial appeal is inadmissible. The time limits for filing a judicial appeal are suspended until the deadline for the conciliation procedure has expired.

For the purposes of judicial appeal, the admissibility condition is deemed to be met 30 days after the submission of the conciliation request. In this case, if the Party takes legal action, the conciliation attempt is declared terminated.

The completion of the conciliation attempt does not preclude the request for urgent and precautionary measures from the judicial authority.

 

What are the disputes covered by the procedure adopted by ART?

Article 2 – Object and scope of application:

Pursuant to Article 37, paragraph 3, letter h), of the Decree, this Regulation defines the procedures, identified in Article 4, for the non-judicial resolution of disputes between economic operators managing transport networks, infrastructures, and services and users, concerning the rights of users recognized by the legislation referred to in Annex 1 to this Regulation.