What Needs to Be Known
As of March 1, 2013, Regulation (EU) No. 181/2011 is in effect, establishing passenger rights in bus transport, providing rights similar to those already recognized for air, rail, and maritime transport passengers traveling within the European Union by bus and coach. The regulation is available for consultation and download on the Tibus portal at the specified address:
https://www.tibusroma.it/carta-dei-diritti-del-passeggero/
The Transport Regulatory Authority has approved the “Regulation” and the “Complaint Form” for the assessment and imposition of penalties provided for by the Legislative Decree of november 4th n.169, implementing the passenger rights discipline for bus transport contained in Regulation (EU) n. 181/2011.
Procedure for Filing a Complaint
With specific reference to complaints within its competence, TIBUS adopts the measures outlined in annex A of ART deliberation 28/2021 regarding user rights for rail and bus transport services.
Complaints can be submitted:
- by registered mail to the address: TIBUS SRL – L.go G.Mazzoni, snc – 00162 Roma;
- by e-mail to the address: reclami@tibusroma.it (which ensures the issuance of a delivery receipt);
- by Certified Electronic Mail (PEC) to the address: tibussrl@legalmail.it;
- Online submission with completion of the form available on the website (insert direct link), with issuance of a delivery receipt.
The form to be used is Annex 6 (“Complaint Form”) of the PIA-RA.
In the English section, the relevant form is available; the forms must be filled out in block letters or by using the editable form available on the website; a copy of the complainant’s identification documents or those of the eventual delegate, a copy of the delegation, and any other documents useful for proving the presence and/or use of the bus station services must accompany the form. All documents must be in .pdf or .jpg format.
On the website, in the complaints section, pre-printed forms are available in Italian, English, French, and Spanish. Complaints submitted in a foreign language will receive a response in the same language used for the complaint.
Complaints will be considered if they include the following information:
- user identification references (name, surname, contact details), with an attached identification document; in the case of a complaint presented by a representative, a delegation and the representative’s identification document, in addition to the identification document of the interested party.
- precise indication of the identification details of the trip made or planned;
- description of the inconsistency of the service regarding one or more requirements under European or national regulations, the general conditions of transport, or the Service Charter adopted by the Bus Station.
Complaints submitted without using the provided form will also be accepted, provided they are written clearly and legibly, and always on the condition that they contain the above-mentioned information.
Tibus will respond to the complaint within 30 days, informing the complainant of the acceptance, rejection, or continuation of the investigation. In the latter case, the maximum response time is 90 days, always starting from the receipt of the complaint.
In the event of no response or an unsatisfactory response to the complaint, the complainant may submit a second-instance complaint to the Transport Regulatory Authority, as indicated in the following paragraph: “Protection of Passenger Rights.”
In the event that the manager provides a response beyond the 30-day deadline from receipt of the complaint, the user is entitled to receive an automatic compensation equal to 10% of the travel ticket price; this compensation cannot exceed a maximum amount of €8 (eight/00 euro).
The compensation is not due in cases where:
- The amount of the compensation is less than €4.
- The complaint was not transmitted by the user with the required methods, elements, and timelines.
- The user has already received compensation for a complaint related to the same trip.
SECOND INSTANCE COMPLAINT
Passengers who have already submitted a complaint to the bus transport company can turn to the Transport Regulatory Authority in a second instance—also through representative associations of their interests, if they have been explicitly delegated to do so—to report violations by the transport company of the obligations under Regulation (EU) 181/2011.
The complaint form for the Transport Regulatory Authority is available for download
at the following link:
https://www.autorita-trasporti.it/wp-content/uploads/2015/04/ReclamoAutobusV3.pdf
Specifically, the user can submit a second-instance complaint to the Authority directly or through a delegate, including representative associations, only after having submitted the complaint to Tiburtina Bus, using the methods indicated in point b), in the following cases:
– if they find the response unsatisfactory;
– in the event of no response.
The maximum time limit for submitting second-instance complaints to the Transport Regulatory Authority (ART) is 90 days from the submission of the complaint to Tiburtina Bus.
For the resolution of compensation-related disputes, the user can resort to ADR (Alternative Dispute Resolution) procedures, which are extrajudicial resolution processes.
With resolution 21/2023, ART has regulated the extrajudicial dispute resolution procedures between companies managing infrastructure and services and consumers pursuant to Article 10 of Law 118/2022.
The user can submit a conciliation request only if they have already submitted a complaint or a request for reimbursement or compensation to the economic operator. The request must be submitted within one year from the submission of the complaint:
– if the user has not received a response;
– if the response was unsatisfactory.
Users wishing to initiate a conciliation procedure through the Transport Regulatory Authority must access the ConciliaWeb platform via SPID or CIE, or, for users not residing in Italy, through registration (useful information and access to the platform can be found at the following link: https://www.autorita-trasporti.it/conciliaweb/).
Users can also seek non-judicial resolution of disputes:
– from the Conciliation Chambers established at the Chambers of Commerce, Industry, Handicrafts, and Agriculture, following the signing of a memorandum of understanding between the Authority and Unioncamere;
– from ADR bodies, including parity negotiation bodies, registered in the list referred to in Article 141-decies, paragraph 1, of the Consumer Code.
The conciliation request through the ConciliaWeb platform is not admissible if the dispute can be resolved before another Conciliation Body that complies with the requirements of the Consumer Code, which does not impose costs on the user. The Authority’s website contains a list of such Conciliation Bodies.
The Authority is not vested with competence to settle disputes between consumers and businesses, nor to sanction the regulated subjects for cases of compensation and assistance in the event of accidents.
