Law (2015:953) If Kollektivtrafikresenärers Rights

Original Language Title: Lag (2015:953) om kollektivtrafikresenärers rättigheter

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:953

/Entry into force: 04/01/2016

The scope of the law



section 1 of this Act contains provisions on travel information, compensation and price reduction in case of delay and withdrawal of contracts relating to the purchase of the season ticket for travel in public transport by train, tram, Metro, bus and car.



By public transport means the same as in law (2010:1065) on public transport.



The law does not apply to services which are mainly conducted for their historical interest or their tourist value.



2 § when travelling by train travel information and rules apply for reimbursement and reductions in case of delay of 7 to 17 of the extent to which the corresponding provisions of European Parliament and Council Regulation (EC) no 1371/2007 of 23 October 2007 on rail passengers ' rights and obligations (train passenger Regulation) are not applicable.



It follows that the provisions of section 4 of the regulation on rail passenger travel information and rights in the event of delays are not applicable in some cases.



section 3 of the trips by bus tour information and rules apply for reimbursement and reductions in case of delay of 7 to 17 of the extent to which the corresponding provisions of European Parliament and Council Regulation (EC) No 181/2011 of the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (bus passenger Regulation) are not applicable.



By paragraph 5 of the extended application of the rules on bus passenger travel information and rights in the event of delays.



Exemptions from application of train passenger regulation



paragraph 4 of Article 7, 8.1, 10.1, 10.2, 10.4 and 15 – 18 in rail passenger regulation, in the original wording, does not apply to domestic services have a stretch of less than 150 km.



Extension of the application of bus passenger regulation



5 § articles 3, 4(1), 5, 6, 8 and 19 to 23 of the bus passenger regulation, in the original wording, should also apply to those services defined in article 2(1) of the regulation, in the original wording, which has a stretch which is 150 km or more.



Contract terms that deviate from the law



section 6, a term that in comparison with 12-19 §§ is detrimental to the traveller is no action against him.



Travel information



Carrier's obligation



section 7 of the carrier to provide information about



1. a delay or other disturbance in traffic and its cause, duration and consequences,



2. passenger's rights in matters governed by this law,

3. the carrier's general conditions,



4. ticket prices, schedules and itineraries,



5. accessibility to vehicles, stations and stops,



6. ability to carry bikes and conditions for this,



7. the security and safety issues, and



8. how the carrier can be contacted.



section 8 during a trip by tram or subway trains or trains that do not fall within the scope of the regulation, the train passenger carrier provide the passenger information on the next station or stop and more important connecting routes.



section 9 Information pursuant to paragraphs 7 and 8 shall be provided in the forms most appropriate for travellers should be able to take advantage of the information. In assessing the appropriate form, particular attention should be paid to the needs of persons with disabilities.



Supervision of the duty to provide information



section 10 of the authority the Government should supervise the carriers duly fulfils the obligations arising out of paragraphs 7 to 9.



Penalties for non-payment information



section 11 If information is not provided in accordance with sections 7 to 9, the Marketing Act (2008:486) applied, with the exception of paragraphs 29 to 36 of market disturbance fee. Such information shall be deemed to be substantial under the third paragraph of section 10 of the Act.



Compensation and refunds for delays



What is meant by delay



section 12 of a trip is delayed, if the shipment arrival to the final destination at a later date than what is stated by the contract of carriage, or, if the arrival time is not listed there, the published timetable.



With drive means a transport as a traveller and one or several carriers have contracted. If it has entered into an agreement which gives the passenger a right to one or more shipments not closer is specified, is required for it to be a trip also to the traveler in particular has established itself after the current shipment.



The assessment of delay changes to traffic service



section 13, If a carrier has deferred periods for a single service, the assessment of whether the trip is delayed to be done based on the modified time of arrival instead of what is stated in paragraph 12, for information about the change has been published at least three days before the time of departure as shown in the published timetable.



If a carrier has set up a single service, the time of arrival as indicated by the published timetable is not taken into account in determining whether the trip is delayed, if information about that traffic service has been set up has been published as provided for in the first subparagraph.



The first and second subparagraphs shall not apply in cases where the journey time of arrival to the final destination appears from the contract of carriage.



Reimbursement for transportation at the anticipated delay



section 14 If there are reasonable grounds to believe that a trip will be more than 20 minutes late, the passenger is entitled to compensation by the carrier for reasonable costs for transportation to reach the trip's final destination. This applies even if it has not entered into a contract for the transport for the journey that is expected to be delayed, if the traveller in particular has established itself after the shipment.



If the passenger has not paid for the trip, the carrier offset the cost that the traveler would have had if he had paid for the trip.



Maximum compensation under this section is 1/40 of the price base amount in accordance with Chapter 2. section 7 of the social code that applies to the year in which the trip would have ended.



Price reduction in case of delay



section 15 If a journey is more than 20 minutes late, the passenger, if he or she does not request reimbursement for transportation by the anticipated delay under section 14, the right to a price reduction of



1.50% of the price which the passenger has paid for the trip, if the delay amounts to more than 20 minutes, 2. 75% of the price which the passenger has paid for the trip, if the delay amounts to more than 40 minutes, or



3. the full price the traveller has paid for the trip, if the delay amounts to more than 60 minutes.



section 16 if it is not clear what price the passenger has paid for the trip, the allowance is calculated based on the price of a single ticket for the passenger. In such a case, if the traveller has used a ticket that represents a discount in relation to a ticket, the carrier cut the allowance, in proportion to the discount.



Notice of claim



section 17 of the passenger may request compensation for transportation at the anticipated delay under section 14 or price reduction in case of delay in accordance with section 15 only if the passenger within a reasonable time after the trip ended or, if transport is not carried out, would have ended had left the carrier a notice that he or she will invoke the delay (of complaint). A message that is submitted within two months after the trip ended or would have been completed should always be considered to have been lodged in due time.



If a notice of complaint has been submitted in an appropriate manner, be considered as complaints have occurred when this was made.



Withdrawal of the contract for the purchase of season tickets



section 18 of the traveller may withdraw from the contract for the purchase of a season ticket, if the carrier's offer be changed after purchase so that it differs from what the traveller reasonably have been assumed at the time of purchase and the departure is of material significance for the traveller.



If a traveler leaving the agreement for the purchase of a season ticket, the passenger is entitled to a refund of the portion of the ticket price that relates to the period after the withdrawal.



With season ticket "means a ticket which gives the passenger a right to an indeterminate number of trips during a specific time period.



Statute of limitations



section 19 of A claim under section 14, 15 or 18 ceases, if the traveler did not bring an action within three years from the time the claim arose.