The Regulation (EU) No 1177/2010 – rights and obligations of passengers – of the European Parliament and of the Council dated 24 November 2010, introduces new rights and obligations for passengers in maritime transport, providing informative obligations for passengers and specific rights in the event of delays, cancellations, and missed connections.
Transport Regulation Authority (ART) is responsible for verifying violations of Regulation (EU) No 1177/2010 on the rights of passengers traveling by sea and inland waterways and imposing the penalties provided for by Legislative Decree No 129 of July 29, 2015. In accordance with this legislation, the Authority has approved the regulation on the sanctioning procedure for violations of Regulation (EU) No 1177/2010 of the European Parliament and of the Council on the rights of passengers traveling by sea and inland waterways and receives, through a dedicated telematic system (SiTe), second-instance complaints aimed at initiating checks for the imposition of any penalties.
Second-instance complaints can be filed with the Authority in the event of violations of the rights of passengers in rail, bus, maritime, and inland waterway transport as established by European regulations, for the purpose of exercising the sanctioning powers of the Authority itself against carriers or operators of stations, bus stations, and port terminals.
Passengers can submit their complaints to the Authority – directly, through a delegate, or through representative associations – only after submitting a complaint to the transport company using the correct channels (usually indicated on the transport company’s website and/or in the general terms and conditions of transport) if they believe that the response received from the transport company is unsatisfactory, or if the transport company does not provide a response within the following time limits:
- maritime and inland waterway transport: 60 days from the date of submission of the complaint to the transport company.
A complaint can be submitted to the Authority using the following methods:
- via the web through the telematic complaint acquisition system (SiTe) accessible from the Authority’s website, with a guided procedure for uploading the necessary documents, after registering and obtaining the relevant credentials;
- by sending the appropriate forms, duly completed, together with the mandatory documentation, via certified email (PEC) to the address email@example.com, exclusively in .pdf format;
- by sending the appropriate forms, duly completed, together with the mandatory documentation, by registered mail with return receipt, to the Autorità di Regolazione dei Trasporti, Ufficio Diritti degli utenti – Via Nizza 230 – 10126 Torino
New Service: ART Conciliation Service
“With resolution no. 21/2023, delibera n. 21/2023, the Autorità di Regolazione dei Trasporti has adopted the Disciplina delle modalità per la soluzione non giurisdizionale delle controversie tra gli operatori economici che gestiscono reti, infrastrutture e servizi di trasporto e gli utenti o i consumatori ai sensi dell’articolo 10 della legge 5 agosto 2022, n. 118.” This discipline allows disputes related to train, ship, bus, and air travel to be resolved through conciliation via the ConciliaWeb platform, asserting their requests, including economic ones.
Before requesting conciliation, it is necessary to have addressed the economic operator with a complaint or a request for a refund or compensation and to have waited for a response for at least 30 days. The conciliation request must be submitted within one year of the complaint or request for a refund or compensation. If there is no response, or if the response from the economic operator is unsatisfactory, the conciliation request must be submitted within one year of the submission of the complaint or request for a refund or compensation already sent to the economic operator. Alternatively, the ART Conciliation Service can be used or any Alternative Dispute Resolution (ADR) body that complies with the relevant legislation.
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