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Local public transport - regulation of regional transport

Sicily

regulation of regional transport

DISTRICT AND REGIONAL ROUTE

Travel Regulation 

ART. 1  Subject of the Regulation
ART. 2 – Timetable
ART. 3  Ticket
ART. 4  Fare
ART. 5 – Minors transport
ART. 6 – Transport of passenger with disability or reduced mobility
ART. 7  Baggage
ART. 8  Pet transport
ART. 9  Cancellation, delay, interruption of the travel. Refund
ART. 10  Waiting aircraft at the airport
ART. 11  Cancellation and Refund
ART. 12  Duties of the passenger
ART. 13  Privacy
ART. 14  Advisory and Complaint
ART. 15  Jurisdiction

ART.16 – Conclusions

EDITION  1/2008 – Review nr. 13 – 27/12/2021

ART.1 – Subject of the Regulation

  1. The services of regional bus lines exercised in the territory of the Sicily region from Autoservizi SALEMI S.r.l., based in Marsala, Via Salemi n.97, are regulated by the rules of this travel Regulation.
  2. The Company to which the passenger must address any complaints, of any kind and nature, is always the company Autoservizi Salemi S.r.l. It’s irrelevant for the passenger the circumstance that the ticket may have been issued by another Company.
  1. Each person who purchase bus transport tickets are entitled not to be discriminated against directly or indirectly on the basis of their nationality. The carrier issue a ticket to passengers (including in electronic format), whose fares, without prejudice to special rates and contractual conditions, are offered to the public without any
    direct or indirect discrimination on the basis of the nationality of the final purchaser or the place the establishment of the carrier or ticket seller in the EU. Special conditions
    shown in the individual hourly/tariff frames prevail for the line itself over the rules
    correspondents of the general conditions.
  1. Purchasing the travel ticket the passenger implicitly declares to know, accept and comply with the rules of this Regulation.

ART. 2 – Timetable

All information published in the advertising timetables and brochures are subject to change so the passenger is required to ask for confirmation at the time of purchase of the ticket. In particular, during New Year’s Eve, Easter, May 1, August and Christmas, the planning published may be subject to reductions, increments or changes, so users are advised to pay special attention to the time of booking.

All information regarding the general conditions of transport can be found on the company website www.autoservizisalemi.it and can also be requested in paper form at the points of sale or at the bus departure stations. If the scheduled service is delayed, passengers will receive from the carrier’s offices adequate information on the actual situation and, as soon as it is available, on the actual departure time. Where possible, such information shall be provided electronically.

ART. 3 – Ticket

  1. The travel ticket must be purchased, before the start of the service, at the ticket offices or authorized sales points, at travel agencies affiliated with the Company, or online on the company website, by APP or other affiliated sites. In the case of online purchases will be requested the identification data of the buyer (Personal data relating to travellers will be processed by Autoservizi Salemi S.r.l. on computer and paper, in full compliance with the Reg. 2016/679 “General Data Protection Regulation” according to principles of correctness, lawfulness and transparency, for purposes strictly related and functional to the management of the title of travel and the provision of transport services). The payment of tickets purchased on-line can be made by credit card, Paypal or via SISAL system within a set deadline that will be communicated at the time of communication of the booking code, necessary to make payment and issue of the travel document. The latter mode of purchase provides for the payment of a fee to the SISAL circuit. Upon payment, the system will provide the ticket with the indication of the number of the/i seat/s assigned/s. For reasons of force majeure or for a better organization of the service, the Management reserves the right to vary the seat chosen by the user.

Only exceptionally it is allowed to purchase the ticket on board the bus directly from the travelling staff, and in any case limited to the availability of seats. The purchase of tickets on board is subject to the surcharge.

  1. For one way and return tickets, only on the day of validity of the ticket and before the departure time of the ticket, it will be possible change the departure hour, subject to availability of seats, in authorized stores or on-line in the case of registered users on the company website;
  2. For the pass, there will be a ticket change (time and date of travel) to be made before the date and time of departure of the ticket and within the period of validity of the ticket. The change of stroke can be carried out at authorized stores or online by procedure from the website www.autoservizisalemi.it. No subscription bookings can be validated for past travel dates, even if not used. Passengers will not be accepted on board without reservation for the ride on which the ticket was issued or who have not made the change of reservation.
  3. The travel ticket is personal and documents the conclusion of the contract of carriage exclusively between the Company that provides the service (henceforth also called “carrier”) and the buyer of the ticket, for the route indicated therein. The carrier’s obligation shall be deferred at the time the service is to commence. The carrier is therefore not responsible for any theft, robbery, aggression or any event harmful to the user that occurs within the waiting rooms of the ticket offices.
  4. The ticket is personal and non-transferable. In the case of subscriptions or tickets issued in various names, the carrier assumes no liability if at the time of issue
    of the original ticket are provided false generalities by those who request its issuance.
  5. “Route” means the relationship to which the travel ticket refers to: it will be identified by indicating the departure location, the destination location, the day/month/year in which the journey is made, the departure time.The traveler, at the time of issue, is required to check the regularity of the data contained in the ticket.
  6. If, at the time of departure, the passenger presents as a travel document a ticket/subscription valid for the route but made out to another person, will be required, to use the service, the payment of a new travel ticket, without prejudice to the availability of seats.
  7. The passenger is obliged to keep the ticket for the duration of the journey and to show it at every request of the carrier’s crew. The passenger who is found on the bus without a ticket is required to regularize his position with the payment of the ordinary fare for the entire line, increased by a penalty equal to 100% of the fare.
  8. Ticket coupons must be cancelled only by company personnel
    at the check. Coupons released by mistake must be returned to the passenger signed by
    company personnel.
  9. The one way or return ticket is valid only for the day for which it was issued and is not
    refundable. The ticket entitles you to a multiple number of trips (subscription)
    shows all valid routes, their expiration dateband the additional conditions of use. Eventual
    routes not used within the subscription deadline are not refundable.
    The subscription is issued to certain categories of travellers at a discounted price prior to issue of a company identification card. The subscription is valid only if accompanied by an ID card. Where the subscriber does not have both or one the two documents will be subject to the payment of a new ticket.
  10. No refund is due in case of loss, alteration, destruction of the ticket. It is not possible to issue duplicates for one way and return tickets only for subscriptions; in case of loss, it is possible to issue a duplicate on presentation of relative self-certification.
  11. All information in the timetable may be subject to change. Any information, therefore, must be confirmed at the time of purchase of the ticket.

ART.4 – Fare

  1. Autoservizi Salemi srl shall apply the fares approved by the Sicilian Region or by another body
    grantor.
    2. The rate applicable shall be applicable on the day of the outward journey. If adjusted
    of the fares during the validity of the ticket, the issuing tariff remains valid.
    3. There shall be concessions for outward/return tickets (to be made in the same
    day). The return ticket is issued with non-refundable return in case of non-use.
    4. Facilities shall be provided for the transport of children from 0 to 10 years of age;
  2. Special arrangements may also be made for certain categories of regulated travellers by means of notices to the public.
  3. The rates may be amended / adjusted without notice, without prejudice to the provisions of paragraph 2.

ART. 5  – Minors transport :

  1. Child passengers, not older than 3 years, may be carried on buses and coaches
    without the need to adopt special measures and therefore, without the need to use
    child restraints.
  2. Passengers over 3 years of age, must be transported using child restraint systems by the accompanying adult passenger;Such arrangement is only valid for children under 36 kg, the use of systems child restraints shall be limited to such persons;
  3. In the event of failure to comply with these requirements, the person responsible for supervising the minor present on the vehicle;
  4. The carrier is not liable for any damage suffered by the child carried in a manner not in accordance with the above, even if the damage is causally linked to an event directly attributable to the responsibility of the carrier.
  5. They cannot travel under the age of 14 unless accompanied by adult passengers.
  6. The service of accompanying minors is not active on our buses, minors between 14 and 17 years old can travel alone only with the consent of the parent or guardian, who must submit, to the Company that performs the service, appropriate authorisation to allow travel to the unaccompanied minor.The authorization drawn up in writing and signed by those exercising parental authority, can be downloaded from the website www.autoservizisalemi.it and is valid only if accompanied by a copy of the parent/guardian’s ID.

ART. 6. – Transport of passenger with disability or reduced mobility

 

  1. The carriage of disabled persons or with reduced mobility is permitted without additional charges, except in the following cases: a) in order to comply with the safety requirements laid down in EU legislation, international and national or the health and safety requirements established by the competent authorities; b) the configuration of the vehicle or infrastructure, including stops and stations, makes embarkation physically impossible, the disembarkation or transport of the disabled person or person with reduced mobility in safe and practicable conditions. If the disabled person or person with reduced mobility requests to be accompanied by another person who is able to provide the assistance requested and such that in any case his or her access within the bus and its positioning in safety conditions on board during the journey, the provisions of paragraphs “a” and “b” shall cease to apply.
  2. In the event of loss of or damage to mobility equipment or assistance devices, the Company shall compensate the passenger to the extent required by law. If necessary, the Company shall make every effort to rapidly supply temporary replacement equipment or devices and, if possible, having similar technical and functional characteristics to those lost or damaged.

ART. 7. – Baggage

 

1. The cost of the travel ticket does not include any consideration for the carriage of the luggage of the passenger, which is carried out by the carrier only as a
courtesy for better user satisfaction.

2. The luggage must, however, be carried in closed containers such as suitcases, boxes and the like, for convenience from now on also called “packages”. Every
passenger has the right to carry only one package, which must be placed, by the passenger himself, and under his personal responsibility, in the luggage
compartment of the bus which is UNATTENDED. No exceptions shall be made, subject to the requirement that all passengers have the same right to the space
available in the luggage compartment.

3. Each package cannot exceed the size of cm 160 (length + width + height) and a maximum weight of 20 kg. The carrier may refuse requests for carriage which are
not compatible with the ordinary means of transport of the undertaking and/or which may affect the safety of passengers and of the journey and the integrity
of the luggage of other passengers. The transport of bikes, where compatible with the size of the luggage rack, is subject to the payment of €10.00.

4. Each passenger is entitled to carry a small carry-on bag in the bus cabin, the dimensions of which are compatible with the appropriate housing (30x20x10).

5. Weapons or ammunition shall not be carried on board the bus. It shall not be permitted to lead to board of the bus flammable, explosive or otherwise dangerous or harmful material. It is not allowed to bring on board the bus contraband or otherwise illegal goods. They are not allowed luggage containing liquids. The same prohibitions apply to luggage deposited in the compartment trunk.

6. Passengers who violate the prohibitions referred to
in the previous paragraph are personally and directly liable to third parties
and to the competent authorities. The company that owns the bus, however,
reserves the right to claim for any damages, of whatever nature, which should
be faced, caused by the unlawful or otherwise incorrect behavior of the
passenger.

7. The carrier is not liable to any extent for the
loss of luggage, whether it is carried by the passenger inside the cabin of the
bus (c.d. hand luggage) that from the same deposited in the luggage
compartment. The baggage is unattended: the carrier is not liable for
damage caused to the baggage by the fault of the passenger or for the
particular nature of the baggage or for its packaging. 
The carrier
assumes no obligation to keep and supervise the baggage, which is the sole
residence of the passenger.

8. The carrier is liable for the loss of luggage only
if directly attributable to it and in any case within the mandatory limit of
Euro 103.3 per bag, with a maximum limit of Euro 206.6 per passenger as
established by Law 450/1985 and subsequent amendments.
9. In any case, complaints about the loss or damage of luggage shall be made by
the passenger immediately upon arrival to the crew. Subsequently confirmed
in writing, accompanied by a regular complaint to the public authority, within
10 days of the end of the trip, to the Management of the Company that has
insured the service, under its personal responsibility for the statements
contained therein.

10 Packages shall not be carried on behalf of third parties.

ART. 8 – Pet transport

 

It is allowed to bring animals in daytime runs, against payment of the full ticket, provided that they are small if housed in special cages. The cage cannot be placed on the seat but on the ground. Passengers carrying an animal shall be required to compensate for any damage caused to the bus, goods or other passengers. The driver can ask those who bring an animal, in case of disturbance, to leave the bus, without the right to any refund.
Guide dogs for the blind are always allowed, free of charge.

 

ART. 9 – Cancellation, delay, interruption of the travel. Refund.

 

1. The carrier shall not be liable for delays or cancellations due to strikes, adverse weather conditions or any other cause not attributable to the carrier.

2. If the service is interrupted by force majeure or by order of the Public Authority, the passenger is entitled exclusively to be returned to the place of departure, and not to reimbursement of the ticket.

3. If the service is interrupted due to the fact chargeable to the carrier, the passenger is entitled exclusively to be returned to the departure place and to the refund of the ticket. However, if the carrier assures the passenger that the journey will continue, the passenger shall not be entitled to any reimbursement, irrespective of the delay.

4. If the passenger interrupts the journey by his own volition or, in any case, by his own action, he is not entitled to any refund or service.

5. In the cases provided for above, whatever the cause, even if they are attributable to the Company that provides the service, the latter is not responsible for any damage that may result to passengers.

6. The carrier is not responsible for not connecting with transport services provided by other transport companies, be they by land, sea, air or rail, whatever the reason for the delay in relation to the scheduled arrival time, without prejudice to any other provisions of the granting act.

 

ART. 10 – Waiting aircraft at the airport

 

  1. If authorised by the designated bodies, stops of up to 30 minutes shall be allowed at airports in transit which may affect pre-established time slots. Waiting for the last aircraft may be permitted. This information shall be made known to passengers by publication on the company’s website and disseminated in hourly leaflets available at retail outlets and on board buses. The wait is made at the discretion of the Company according to the information received from the airport manager or from the ticket offices at the terminal.

 

 

ART.11 – Cancellation. Refund

1. The passenger may not withdraw from the contract.

2. In the event of cancellation, the passenger shall not be entitled to reimbursement of the ticket.

 

ART.12 – Duties of the passenger

1.     The passenger must arrive at the departure stop at least five minutes before the departure time to facilitate embarkation.

2.     The passenger must behave during the journey following the usual rules of diligence. It must not damage the bus, and any damage caused by it is responsible to the company that owns the bus. It shall not behave in a manner which causes nuisance or harassment to other passengers and to staff on board. It is forbidden to eat on buses also for hygienic reasons. However it is allowed to consume brioche and snacks taking care not to dirty armchairs and floors of the bus. It shall not take harmful or otherwise dangerous or illegal material on board the bus or in the luggage compartment.

3.     It is strictly forbidden to smoke inside the bus. Offenders will be prosecuted according to the law (L.3/2013). It should be noted that the ban also covers the use of electronic cigarettes of all kinds.

4.     the travelling company staff will not admit on board passengers in evident state of

drunkenness, including the use of law enforcement where appropriate.

5.     The passenger must comply with the requests and warnings that the company’s staff decided to observe for the safety of the trip and passengers, responding civilly in case of non-compliance, if such non-compliance would result in damage to the Company’s own vehicle or to other passengers.

6.     The passenger must use the necessary precautions and ensure the safety and security of himself and persons and/or property in his or her custody.

7.     The passenger has the obligation to behave in good faith also at the conclusion of the contract.

8.     The carrier shall not be liable for any damage caused to himself or to other passengers by any unlawful or otherwise non-compliant user’s behaviour.

9.     The travelling company staff is authorised to remove from the bus (if necessary with the intervention of law enforcement) passengers who behave improperly or otherwise harassingly, subject to any retaliatory action for any damage caused to the means or service.

10.  For safety security, traveller has the obligation to remain seated and to wear the seat belt , as established by the Decree Lgs. n.150 of 13 March 2006, when the vehicle is in motion.

 

ART. 13 – Privacy and personal data protection

 

The processing of your personal data collected with this form, by Autoservizi Salemi srl, which is the Data Controller, is based on the following legal bases: (art. 6 with 1 letter b and c GDPR) 1) the execution of the existing contract with you and the pre-contractual measures adopted at your request; 2) the fulfilment of an obligation under the law the provision of the requested data is mandatory: if you do not fill in all parts of this form we will not be able to respond to your requests; – the the data collected may be communicated to the competent authorities; – the data will be processed by means of tools, including IT, suitable to ensure their security and confidentiality; – the data will be stored for the entire period necessary to complete your request, and subsequently, for the accomplishment of any legal obligations connected with or arising from it. The interested party may exercise the rights provided by CHAPTER III of the GDPR art. 15-22, (right to ask the controller for access to and rectification or erasure of personal data or restriction of processing concerning him or to object to their processing, right to data portability, right to lodge a complaint with the Data Protection Supervisor), simply by sending an email to booking@autoservizisalemi.it or to the Data Protection Officer (DPO) ergon.serviziodpo@pec.it.

ART.14 Advisory and Complaint

14.1 Information about travel

All passengers travelling by regular bus services Autoservizi Salemi s.r.l. are entitled to receive adequate information throughout their journey. This information includes the passenger rights granted to them by EU Regulation 181/2011 and the necessary contact details of national enforcement bodies. Where possible, such information is provided in accessible formats on request, with particular attention to the needs of disabled persons and persons with reduced mobility.

14.2 Inefficiency reporting

The term “report” refers to any suggestions, observations, proposals, advice and anything else that may be useful to understand the needs of customers in order to improve, if possible, the services offered. Reports can be made by anyone who is interested in them. Reports can be made to the Company through the following channels: – filling in the special form for reports, by accessing the website www.autoservizisalemi.it/en forwarding the report by ordinary mail to the address Autoservizi Salemi s.r.l. -via Salemi n.97 91025 Marsala (TP) or by e-mail to the address: commerciale@autoservizisalemi.it or by fax to the number +39 0923 982465. In order to be able to eventually give feedback to the forwarded reports, the customer must clearly indicate, in addition to his generalities and address, the report with all the useful elements. The Company guarantees the confidentiality of personal data, as required by EU Regulation 679/2016.

14.3 Complaints for violation of passenger rights

The Company guarantees the availability of a mechanism for handling complaints that is easy to access and use, with particular regard to the needs of users with disabilities, and in any case ensuring compliance with the minimum measures identified in Annex A to ART. resolution no. 28/2021. The information contained herein is also provided by the Company in the dedicated section of the website, accessible from the home page, through the link “Passenger Rights and Complaints”; in the Service Charter in the dedicated section called “Complaints” also available on board the buses. Complaint” means any written communication with which the user, or on his behalf a representative or an association of users, expresses complaints about the inconsistency of the service with one or more requirements defined by European or national legislation, by the general conditions of transport or by the general conditions of use of the digital platform, or, by the service charter.

a) Using, in addition to Italian, also the English language, receiving, in this case, the answer in the same language; b)Several channels including:

b.1) the website, with access from the following link entitled “Passenger Rights and Complaints” located in the dedicated section accessible from the home page of the company website; https://autoservizisalemi.it/diritti-del-passeggero/

b.2) by sending an email to the address: commerciale@autoservizisalemi.it; with the issue of a receipt.

b.3) by registered mail to the following address: Via Salemi, 97 Marsala 91025 (TP)

c) by filling in the appropriate form for complaints, also available in printable form https://autoservizisalemi.it/wp-content/uploads/2021/12/All.-2- Modulo-Autoservizi-Salemi_2021_DEF.pdf available in the “Forms” section of the website www.autoservizisalemi.itin in Italian or English. The user has the option of submitting a complaint without using the predefined form: in this case the Company will examine complaints that contain at least the following elements:

a) Identification of the user (name, surname, address) and of the representative, if any, attaching in this case the proxy and an identity document of the user;

b) Identification of the journey made or planned (date, time of departure, origin and destination) and of the transport contract (booking code or ticket number) or a copy of the ticket;

c) Description of the inconsistency of the service with one or more of the requirements defined by European or national legislation, by the general conditions of transport or, where its adoption is envisaged, by the service charter.

The reasons for complaint under EU and national legislation on passenger rights relate exclusively to:

For regular scheduled services where the scheduled distance is less than 250 km:

  • discriminatory contractual conditions or fares non-compliance
  • no protection of disabled persons or persons with reduced mobility
  • no information to the passenger on the journey and his/her rights
  • failure to adopt the system for handling complaints
  • failure to notify the final outcome of the complaint

In the manner and with the elements indicated above, the complaint may be submitted to the Company exclusively by the passenger in possession of a valid ticket and/or the representative, if any, and transmitted to the Company in accordance with the terms provided for in Article 27 of Regulation (EU) no. 181. 181 /2011. In particular, the complaint must be made within three months from the date on which the regular scheduled service was provided or should have been provided. 

Within one month from the receiving of the complaint, the company will notify the passenger of its reasoned and final response as to whether the complaint has been upheld, rejected or is still under consideration.

Within a maximum of three months from the receiving of the complaint, the company will provide the passenger with a final reply. For the purposes of the above deadlines:

a) if the complaint is submitted by e-mail or via website, the complaint is considered to have been sent and received on the day it is sent;

b) if the complaint is submitted by registered mail, the complaint is considered to have been sent on the day it is sent and received on the day it is delivered to the Company;

c) if the complaint is submitted by ordinary mail: 

– the complaint shall be deemed to have been sent on the day it is sent and received on the day it is registered in the Company’s systems, which must be done promptly and in any case within five days of delivery; 

– hand delivery of the complaint to the Company’s offices or through a customer service desk, the complaint shall be deemed to have been sent and received on the day it is delivered, which must be indicated on the receipt; 

-delivery of the complaint to a ticket office, travel agent, tour operator or ticket seller, the complaint is considered received by the Company on the day it is registered in its systems, which must be done promptly and in any case within five days of receipt. 

This is without prejudice to the passenger’s right to: 

-to use out-of-court dispute resolution procedures; 

-to lodge a complaint with the Transport Regulator in accordance with the procedures described in point 14.4 below. The user may receive automatic compensation commensurate with the price of the ticket for the transport service, amounting to 10% if a response to the complaint is received between the 91st and 121st day after receipt of the complaint by the Company and 20% if no response is received by the 120th day after receipt of the complaint. In the case of season tickets, the amount of this compensation, to be paid to the user if the response is provided after the above deadlines, is defined as 15% of the purchase price of the season ticket itself (minus the journeys already used).

Compensation is never due in the following cases:

a) If the amount is less than €4;

b) If the user does not forward the complaint in the manner, minimum elements and timeframe indicated;

c) If the user has already received compensation for a complaint regarding the same trip.

Procedures for registering complaints, storing related data and publication

The Company, in compliance with the regulations on the subject, shall, as part of the mechanism for handling complaints, register the complaints received, indicating for each complaint: the identification details of the user and the trip; the type of service; the date of receipt of the complaint; the reasons for the complaint on the form provided and the reasoned response to the complaint, together with the date it was sent. The company, in compliance with the rules on the protection of individuals with regard to the processing of personal data, shall keep the data relating to the complaint, including the records referred to in the preceding paragraph for a reasonable period of time, in any case not less than 24 months from the date on which the service was provided or should have been provided, including in relation to any requests for information made by the Authority in the exercise of its institutional duties in protecting the rights of users. 

Procedure for requesting reimbursement:

To access any reimbursement it is necessary that:

-immediately after the damaging event, the driver of the company vehicle involved must be contacted, providing his personal details and a precise description of the damage suffered;

-submission of a formal request for compensation to the company management;

-the competent office will forward the file to the insurance company, which, after carrying out the necessary evaluations and reimbursement procedures, will directly provide compensation in the manner provided for by law. The competent office will forward the file to their own insurance company, which, after carrying out the necessary evaluations and reimbursement procedures, will directly compensate the passenger in accordance with the law.

14 .4 Second instance complaint to the Transport Regulator

The passenger, after having submitted a complaint to the Company in the first instance, and after ninety days have elapsed from the submission, may submit a complaint to the national body responsible for the enforcement of the regulation on passengers’ rights regarding alleged violations of the latter. 

For scheduled services of local competence (regional, municipal), complaints may also be forwarded to the local offices of the Authority, which will act as an intermediary with the national office.The national body for the application of the regulation on passenger rights is:

Autorità di Regolazione dei Trasporti Via Nizza 230, 10126 Torino

Tel. +39 011 1912550Can be contacted in the following ways:

PEC: pec@pec.autorita-trasporti.it 

Email: reclami.bus@autorita-trasporti.it 

It is also possible to forward a complaint to ART directly online in the dedicated section. 

For further information, please consult the institutional website www.autorita-trasporti.it

 

ART.15 – Jurisdiction

The Court of Marsala is the jurisdiction for any dispute.

 

ART.16 – Conclusions

 1. For all matters not expressly provided for by this Regulation, the rules of the Civil Code shall apply insofar as they are applicable, as well as the legislation of the sector.

2. The Company may amend and supplement this Regulation at any time. The updated and current regulations will in any case always be available to users at the Company’s ticket offices, at the affiliated travel agencies, at all authorized retailers and on the company website www.autoservizisalemi.i