Transports
What is the conciliation procedure?
It is an opportunity to settle, out of court, certain types of disputes between highway service users, represented by the Consumer Associations and related highway companies.
For which highway sections is there a conciliation procedure managed by Autostrade per l’Italia?
The joint conciliation procedure is applicable to all sections managed by Autostrade per l’italia and also by the following companies: RAV, Tangenziale di Napoli, Telepass SpA
What issues are the subject of conciliation?
Conciliation can be accessed only for some types of disputes. Disputes relating to injury or physical damage are excluded.
How do you access conciliation?
To access the conciliation procedure, you must have filed a claim or claim for damages to the Autostrade per l’Italia offices, whose outcome was deemed unsatisfactory. The conciliation request can be submitted only by filling in the form provided, indicating the reason for the type of dispute, and attaching a copy of the complaint sent and the relative response. The request can be made without attaching the answer only if Autostrade per l’Italia has not sent a reply within the time prescribed by the Service Charter. (*)
It is possible to access the conciliation procedure if the subject of the complaint or the request for compensation falls within the types of disputes for which it is possible to resort to the conciliation procedure.
(*)In regards to the types of disputes relating to claims for damages (referred to in points 1,2,3,4), response times are on average 60 days.
Where to submit the conciliation request?
The module for the conciliation request can be submitted through:
- Adoc
- registered mail with return receipt sent to Autostrade per l’Italia – Ufficio di Conciliazione – Via Bergamini 50 00159 Rome
- FAX to 0643632180
- e-mail to conciliazione@autostrade.it, attaching all documentation
8 – How the conciliation procedure is carried out?
The conciliation attempt is carried out by a Joint Conciliation Commission, made up of a customer representative indicated by the participating Consumer Associations and a representative appointed by Autostrade per l’Italia (“Conciliators”).
The procedure, which in any case will last no more than 120 days, provides for a first meeting between the Conciliators within 30 working days from the date of receipt of the conciliation request. The conciliation attempt may also occur through telephone, video, e-mail, or fax. It is possible for the Customer to be present at conciliation attempts if he explicitly indicates he/she wants to do this in the application form. The conciliator indicated by the Consumers’ Association must promptly notify the Customer of the proposed conciliation attempt and the related contents of any agreement. The procedure ends with the signing by the client of the Settlement Report – which will be effective as a settlement agreement pursuant to Article 1965 of the Italian Civil Code – or, in the event that the Commission is unable to identify any hypothesis/proposed solution, in other words in the event that the hypothesis/solution advanced by the Commission is rejected by the Customer, with a Minutes of Failure to conciliate.
9 – What are the resolution times for a conciliation request?
If the necessary requisites exist to access the procedure, it ends no later than 120 days from the date of application receipt
10 – What are the costs for the conciliation client?
Access to the conciliation procedure is completely free
11 – Is it possible to access conciliation in the case of a complaint expressed by telephone?
No, it is not. A written complaint must have been sent to the competent highway company by e-mail, letter, or fax.
Who can take part in conciliation?
Trenitalia customers who are not satisfied with the response received to their complaint or who have not received any response within thirty days of submitting the complaint.
The conciliation procedure concerns complaints that meet both of the following requirements:
- related to journeys with origin and destination falling within Italian territory on long and medium-distance Trenitalia trains, excluding regional service trains.
- Data which indicate a deviation between a precise Trenitalia commitment explicitly provided for in the official documents (Conditions of Carriage, commercial information available on the Trenitalia site, Service Card) and what is actually enjoyed by the Customer.
The request for conciliation must be sent:
- using this online form.
- By filling in the appropriate request form to be forwarded (electronically, by fax, registered mail with return receipt): via Adoc or directly to Conciliazioni di Trenitalia – Piazza della Croce Rossa, 1 00161-Roma, or to the e-mail address conciliazioni@trenitalia.it (attaching the signed form in PDF, TIF, JPG format, etc.) or by fax 06 44103490.
The application must refer to a single complaint. In the case of a trip made by more than one person, the application must be completed individually by each traveler.
CAUTION: The mailbox is exclusively for receipt of conciliation forms.
- exclusively for cross-border purchases of online tickets made by European Union citizens, the conciliation request may also be submitted through the ODR run by the European Commission and accessible at https://webgate.ec.europa.eu/odr
If the Customer does not indicate the Association that will represent him/her in the conciliation, Trenitalia will assign the request to one of the Consumer Association signatories of the protocol by applying a rotation criterion.
The conciliation procedure is done in Italian; requests can be submitted in Italian and English.
The Conciliation Commission, made up of conciliators designated by Trenitalia and the Consumer Associations, will examine the application considering contractual commitments, sector legislation, and consumer protection regulations and, according to principles of fairness, will evaluate the possibility of formulating a satisfactory conciliation proposal for the parties, which in any case will be submitted to the Customer for possible acceptance.
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