France – Italy Tgv General Terms and Conditions of Carriage
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FRANCE – ITALY TGV GENERAL TERMS AND CONDITIONS OF CARRIAGE Version in force since 01-07-2015 SECTION 1 : GENERAL PROVISIONS SECTION 2 : PRICE RANGE SECTION 3 : CARRIAGE AND ASSOCIATED SERVICES SECTION 4 : APPENDICES OVERVIEW OF SECTION 1: GENERAL PROVISIONS 1. SCOPE 2. CONTRACT OF CARRIAGE AND TICKETS 2.1 DEFINITION OF THE CONTRACT OF CARRIAGE 2.2 TICKETS 2.3 SALE OF TICKETS 3. VALIDITY OF TICKETS 4. TICKET INSPECTION AND REGULARISATION 4.1 INSPECTION 4.2 REGULARISING PASSENGERS IN IRREGULAR SITUATIONS 4.3 TERMS OF PAYMENT 5.2.3 EXCHANGE OF TICKETS 5.1 GENERAL TERMS AND CONDITIONS FOR EXCHANGING TICKETS 5.2 CALCULATION AND APPLICATION OF PENALTIES 5.3 TEMPORARY MEASURES 6. REFUNDS 6.1 GENERAL TERMS AND CONDITIONS FOR TICKET REFUNDS 6.2 CALCULATION AND APPLICATION OF PENALTIES 6.3 REFUND METHODS 6.4 TEMPORARY MEASURES 7. COMPENSATION FOR DELAYS 8. LIABILITIES 8.1 LIABILITY IN THE EVENT OF DEATH OR INJURIES 8.2 LIABILITY FOR HAND LUGGAGE AND ANIMALS 8.3 LIABILITY FOR CANCELLATIONS, DELAYS AND MISSED CONNECTIONS 8.4 PASSENGER OBLIGATIONS 8.5 PERSONS WITH REDUCED MOBILITY 8.6 CLAIMS AND COMPLAINTS 8.7 MEDIATION 9. PERSONAL DATA General terms and conditions of carriage – July 2015 Section 1 - General provisions 2 1. SCOPE These General Terms and Conditions apply to the international passenger carriage services, between France and Italy, performed by SNCF and its subcontractor, SNCF Voyages Italia Srl, and marketed under the SNCF brand. The list of French and Italian railway stations served is set out in Appendix 5. These General Terms and Conditions are applicable without any reservations to all international passengers travelling on the France - Italy line. They are available to passengers who may either view them on Internet (voyages-sncf.com and sncf.com) or request them at the following addresses: SNCF Voyages Italia BP 90013- 75562 Paris cedex 12, France; or at SNCF Voyages Italia Srl, CP 10143, 20100 Milano, Italy. However, these carriage Terms and Conditions do not apply to the domestic passenger carriage service, carried out solely on the French railway network which remains subject to the Passenger Fares in force. The French National Railway Company (SNCF) , a public, industrial and commercial company, whose head office is located at: 2, place aux Etoiles, 93200 Saint Denis, France and is registered in the Bobigny Register of Companies under the number: 552.049.447 – VAT Number: 35 552 049 447. SNCF holds a railway company licence and a security certificate in France, enabling it to perform passenger carriage services on the Paris-Modane line between France and Italy. SNCF Voyages Italia Srl , is a sole-shareholder company that is managed and coordinated by SNCF Voyages Development and governed by Italian law, its head office is located in Milan (20154), via Bonnet n°6/B, and it is registered in the Milan Chamber of Commerce and Industry under the no.1908688. SNCF Voyages Italia Srl holds a railway company licence and a security certificate in Italy as well as the authorisations required in order for it to perform passenger carriage services on the Paris-Modane line between France and Italy. 2. CONTRACT OF CARRIAGE AND TICKETS 2.1. DEFINITION OF THE CONTRACT OF CARRIAGE In exchange for the payment in advance of the the price of the journey, SNCF commits to transport passengers holding a valid ticket, and any luggage they may have, to their place of destination under the conditions set out in the contract of carriage For the comfort and safety of all passengers during the journey, only hand-luggage that the passenger can easily carry unaided, without risk for other passengers, and placed in the dedicated spaces is authorised on the train. The contract of carriage between SNCF and the passenger is governed by: • Regulation (EC) n°1371/2007 of the European Parlia ment and Council of 23 October 2007 concerning the rights and obligations of rail passengers ("PRR"), including the CIV Uniform Rules in the version of Appendix I of the PRR (Uniform Rules) • the Convention Concerning International Carriage by Rail (COTIF) of 1999 and its Appendix A: "Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV); • the General Conditions of Carriage for Rail Passengers (GCC-CIV/PRR); these GCC-CIV/PRR were drawn up through the International Rail Transport Committee (CIT). Their contents may be viewed in French, English or German on the CIT website: www.cit-rail.org; • these General Terms and Conditions; • the information on the passengers tickets; • D.P.R. no. 753/1980 in Italy (amended by the Legislative Decree no. 35 of 27/01/2010) • the UN Convention for the rights of passengers PMR, 13.12.06, art. 19 Should a conflict arise between the GCC-CIV/PRR and these General Terms and Conditions, the latter shall prevail. If contradictions should arise between different provisions of these General Terms and Conditions, the provision that is more favourable for the passenger shall prevail. The contract of carriage does not cover transfers between two stations, for example between two stations of a same town, by a means of transport other than rail (bus, tram, underground, etc.) or on foot. General terms and conditions of carriage – July 2015 Section 1 - General provisions 3 The issuing of one or several tickets, on paper or electronically for E-Tickets and M-Tickets, is evidence of the contract of carriage. Until proved otherwise, tickets on paper testify to the conclusion and contents of the contract of carriage. However, this provision does not apply to E-Tickets and M-Tickets as there are dematerialised. 2.2. TICKETS Only tickets issued by SNCF or its distribution network are valid on-board SNCF trains serving France and Italy. Unless otherwise stated, a ticket is evidence of a contract of carriage. One ticket can also evidence several carriage contracts, if specifically stated. Tickets are transferable if they have not been made out in the passenger's name and as long as the journey has not begun. Passengers are not authorised to trade tickets for commercial gain. Any passenger misusing the system for selling E-Ticket and M-Ticket may subsequently be forbidden to use said system and all elements enabling E-Tickets to be printed at home, under conditions in accordance with applicable laws and in proportion to the misuse in question. The conditions for exchanging and refunding tickets are set out hereafter, in articles 5 and 6 of these General Terms and Conditions. In general, an exchange is considered as terminating the initial contract of carriage and concluding a new contract. Tickets shall be refunded using the same payment method that was chosen for their purchase. Where applicable, tickets shall be refunded as travel vouchers. A ticket entitles the passenger to travel on the train, in the reserved seat, on the date and in the class indicated, and where applicable, to benefit from the services specific to the ticket fare. A ticket may only be used for a journey that shall take place on the date, train and in the comfort class indicated. However, under certain conditions and subject to availability, some fares enable passengers to travel on another France - Italy TGV on the same date and for the same origin-destination route. A passenger may only use one seat. Seats reserved for disabled persons or families with young children must remain available to them. The different types of ticket are the following: • paper tickets in IATA format ("IATA Paper Ticket"); • e-tickets ("E-Ticket"); • m-tickets ("M-Ticket"). These tickets are issued for the following journeys: • single; • return with the same route for the outward and return parts of the journey; • round-trips, that is return tickets with different routes for the outward and return parts of the journey. For these tickets, passengers must specify the station to be considered as the destination of the outwards journey and the stating point of the return journey. Lost or stolen tickets cannot be refunded or replaced in any case whatsoever. Damaged or illegible tickets may be refused. All the elements concerning the journey (such as the service, the class of the car and the references of the service for which the ticket is valid) are indicated on one of the following documents which are available to the passenger: • the IATA Paper Ticket; • in the case of an E-Ticket ordered with an E-Ticket compatible card (specifically the SNCF loyalty card), the E-Ticket memo which is an extract from the E-Ticket; passengers are not required to show said memo during their journey (the "E-Ticket Memo"); • in the case of an E-Ticket ordered without an E-Ticket compatible card, the E-Ticket confirmation which is an extract from the E-Ticket; passengers are required to show said confirmation during ticket inspection (the "E-Ticket Confirmation"); • in the case of an E-Ticket order, the M-Ticket which is an E-Ticket format, it consists in a barcode downloaded onto the passenger's mobile phone through an M- Ticket compatible application that enables the E-Ticket to be identified. General terms and conditions of carriage – July 2015 Section 1 - General provisions 4 2.3. SALE OF TICKETS 2.3.1 General Unless otherwise stipulated, tickets may be purchased at the earliest 3 months before the travelling date through the distribution channels set out in Appendix 1. When ordering a ticket, the passenger or the person purchasing said ticket must ensure that the latter was issued according to their specifications, in particular as regards the date, time, origin and destination of the journey as well as the passenger's surname, first name and date of birth when purchasing certain tickets made out in the passenger's name such as E-Tickets and M-Tickets.