THIS TEXT IS FOR INFORMATION PURPOSES ONLY! IN CASE OF DOUBT THE ITALIAN VERSION SHALL PREVAIL.
GENERAL TERMS AND CONDITIONS OF SALE AND CARRIAGE
TABLE OF CONTENTS
1 RECITALS, DEFINITIONS AND SCOPE OF APPLICATION
SECTION A – TERMS AND CONDITIONS OF SALE
2 PURCHASE OF ITABUS SERVICES
5 SCOPE OF APPLICATION
SECTION B – TERMS AND CONDITIONS OF CARRIAGE
6 SCOPE OF APPLICATION
7 CONTRACT OF CARRIAGE
8 CHECK-IN AND BOARDING
9 PASSENGER CANCELLATIONS AND BOOKING CHANGES
10 SERVICE CANCELLATIONS AND REFUNDS
11 PASSENGER RIGHTS
13 PASSENGERS WITH DISABILITIES OR REDUCED MOBILITY
14 PASSENGER OBLIGATIONS
SECTION C – MISCELLANEOUS
20 INFORMATION PURSUANT TO THE LEGISLATION ON THE PROTECTION OF PERSONAL DATA
21 INTELLECTUAL PROPERTY RIGHTS
22 OTHER RELEVANT PROVISIONS
1 RECITALS, DEFINITIONS AND SCOPE OF APPLICATION
1.1 For the purposes of these general conditions of sale and carriage applicable to the services referred to in Article 1.2 below (hereinafter the “General Conditions”), the following shall mean:
“Additional Services” has the meaning set forth in Article 1.2 of these General Conditions;
“Breaks” has the meaning set forth in Article 14.3 of these General Conditions;
“Coach” has the meaning set forth in Article 7.1 of these General Conditions;
“Contract” has the meaning set forth in Article 7.1 of these General Conditions;
“Driving Personnel” has the meaning set forth in Article 4.6 of these General Conditions;
“Exchange Coupons” has the meaning set forth in Article 3.5.1 of these General Conditions;
“GDPR” has the meaning set forth in Article 20.1 of these General Conditions;
“Joint Ticket” has the meaning set forth in Article 4.12 of these General Conditions;
“Journey” has the meaning set forth in Article 4.1 of these General Conditions;
“Itabus” is a joint-stock company under Italian law, with registered office in Rome (RM), Lungotevere Gassman nn. 22-24, VAT number, tax code and number of registration with the Companies’ Register of Rome 15232291003;
“Itabus Services” has the meaning set forth in Article 1.2 of these General Conditions;
“Itabus Website” has the meaning set forth in Article 1.3 of these General Conditions;
“Large Baggage” has the meaning set forth in Article 15.3.1 of these General Conditions;
“Passenger” has the meaning set forth in Article 7.1 of these General Conditions;
“Passengers with Disabilities or Reduced Mobility” has the meaning set forth in Article 13.1 of these General Conditions;
“Personal Data” has the meaning set forth in Article 20.1 of these General Conditions;
“Promotional Coupons” has the meaning set forth in Article 3.4.1 of these General Conditions;
“Sales Channels” has the meaning set forth in Article 2.1 of these General Conditions;
“Settlement Coupons” has the meaning set forth in Article 3.3.1 of these General Conditions;
“Standard Baggage” has the meaning set forth in Article 15.2.1 of these General Conditions;
“Third Party Carriers Services” has the meaning set forth in Article 5.2. of these General Conditions;
“Ticket” has the meaning set forth in Article 4.1 of these General Conditions;
“Transport Services” has the meaning set forth in Article 1.2 of these General Conditions;
“XL Baggage” has the meaning set forth in Article 15.4.1 of these General Conditions;
1.2 The services performed by Itabus as a carrier include passenger coach transportation services on domestic and intra-regional routes (the “Transport Services”) and other services additional, related or ancillary to the Transport Services (the “Additional Services” and jointly with the Transport Services, the “Itabus Services”).
1.3 These General Conditions are available and may be consulted on the Itabus website www.itabus.it (“Itabus Website”). The General Conditions in force are those published on the Itabus Website on the date of purchase of the Itabus Service.
1.4 Terms and expressions marked with a capital letter have the meanings assigned to them in the corresponding provisions that refer to them, it being understood that, when defined in the singular, they will have the same meaning as in the plural and vice versa.
1.5 These General Conditions are considered to be known and accepted, without restrictions or reservations, at the time of purchase of an Itabus Service or, in any case, at the time the passenger uses the Itabus Service.
SECTION A – TERMS AND CONDITIONS OF SALE
2 PURCHASE OF ITABUS SERVICES
2.1 Transport Services can be purchased through the following sales channels (the “Sales Channels”): (i) Itabus Website; (ii) Itabus app for mobile devices; (iii) Customer Service Itabus; (iv) specialized search engines which allow for the purchase of Tickets through individual authorized online retailers; (v) ticket offices at bus stations, where available; (vi) directly on the Coach by means of Itabus personnel equipped with the appropriate mobile devices; or (vii) other authorized retailers throughout the country. The purchase of certain Additional Services may not be available through all Sales Channels. The customer acknowledges that the Itabus Services may not be simultaneously available on all Sales Channels and that Itabus assumes no responsibility with respect to the availability of the various purchase options on Sales Channels not operated by Itabus.
2.2 In particular, Additional Services are those services which are additional, connected to the Transport Services, and therefore to the Journey, that Itabus offers to its Passengers for a fee. Itabus’ Additional Services include Large Baggage, XL Baggage, seat selection and any other service identified as an “Additional Service” on the Sales Channels.
2.3 The prices of the Additional Services are available in the “Assistance” section on the Itabus Website or, in any case, during the purchase process on the Sales Channels.
2.4 Purchase on the Itabus Website and on the Itabus app
2.4.1 The Itabus Services are described in the online catalog and are accessible via the Itabus Website and the mobile app.
2.4.2 It is forbidden to use the Itabus web portals for purposes other than consulting the online catalog for the purchase of Itabus Services. In particular, the use of automated systems to extract data from the Itabus Website and/or the Itabus app for mobile devices for commercial use (so-called “Screen Scraping”) is prohibited. Itabus reserves the right to take appropriate action and pursue any remedy with respect to such a violation.
2.4.3 Current state-of-the-art technology cannot guarantee the online transmission of data will be done in real time, without interruptions and/or error-free; consequently, except in cases of fraud or gross negligence, Itabus assumes no responsibility for the purchase option chosen by the customer until the issuance of the Ticket.
2.4.4 The Passenger acknowledges that, pursuant to Article 47, paragraph 1, letter (m), of Legislative Decree No. 206 of 2005 as amended, the provisions on the right of withdrawal for contracts concluded at a distance shall not apply. However, this is without prejudice to the right of the Passenger to change or renounce the Journey, as defined below, in accordance with Article 9.
2.4.5 The Ticket issued as a result of the purchase pursuant to this Article 2.4 is a named ticket and entitles only the Passenger whose name is indicated on the Ticket to receive the Itabus Service.
2.5 Purchase from bus station ticket offices, agencies and other authorized retailers
2.5.1 The Passenger may also purchase Tickets from authorized online and domestic ticket offices and retailers other than the Itabus Website and the Itabus app. However, such authorized third-party resellers may charge additional fees for the booking or cancellation of an Itabus Service.
2.5.2 In addition, these third-party retailers are entitled to issue the Ticket exclusively in paper format, which must be retained to show it to the Driving Personnel. Therefore, the Passenger acknowledges that the Ticket in electronic format may not be available at certain third-party retailers.
2.6 Purchase through the Driving Personnel
As soon as the service will be available, after informing the users on the Itabus Website, the Driving Personnel on board the Coach will be entitled to issue a nominative Ticket through the mobile devices in their possession accepting electronic payment methods only, as further described in Article 3 below. The customer acknowledges that the Ticket issued by the Driving Personnel may be purchased at the rate foreseen for on-board purchase which will be indicated on the Itabus Website when the service will become available.
2.7 Purchase through Itabus Customer Service
Passengers can purchase through Itabus Customer Service. For bookings made through our Customer Service is expected to pay a fee for booking activity. Prices and conditions are available on our website.
3.1 Payment for Itabus Services can be made using the following methods:
(i) online on the Itabus Website and Itabus app: PayPal, credit card (Visa/Mastercard), debit card (Visa/Mastercard),coupon;
(ii) ticket offices at bus stations, agencies and authorized retailers throughout the country: all methods of payment offered by the retailer where a purchase is made;
(iii) Driving Personnel: credit card (Visa/Mastercard), debit card (Visa/Mastercard);
(iv) Itabus Customer Service: credit card (Visa/Mastercard), debit card (Visa/Mastercard), coupon;
(v) authorized online retailers: all payment methods offered by the individual retailer.
3.2 Payment of online purchases
3.2.1 In the case of online purchases, the information relating to the payment method used by the purchaser is managed using encrypted protocols in compliance with the security criteria established by the individual payment methods.
3.2.2 In case of online purchase with electronic payment instruments (i.e., credit card or PayPal), the purchase procedure provides for the pre-authorization of the amount and the subsequent charge on the payment method chosen by the buyer simultaneously with the booking. When purchasing the Ticket, the purchaser must immediately verify the accuracy of the data contained therein. Itabus will not be responsible for any errors attributable to the purchaser himself and regarding the Journey data or the Passenger’s personal data, indicated in the Ticket correctly issued by Itabus, which cannot be refunded for this reason.
3.2.3 In the event of any excusable clerical errors made by the purchaser on the Ticket, the Ticket remains valid and can be corrected on board of the coach by the Driving Personnel, without the need for further formal adjustment and without additional costs.
3.3 Settlement Coupons
3.3.1 The Settlement Coupon is an electronic credit generated in order to reimburse of the price of the purchased Ticket and issued at the request of the Passenger in the event that the Transport Services are cancelled or delayed for more than 120 (one hundred and twenty) minutes, as well as in the event that more bookings than available seats are accepted (the “Settlement Coupon”). In accordance with Article 19, paragraph 1, of EU Regulation no. 181 of 2011, with the Settlement Coupon a Passenger may alternatively purchase Itabus Services or request the monetization of the same in accordance with the procedures set forth in Article 3.3.5 below.
3.3.2 Settlement Coupons are valid for the purchase of: (i) Transport and/or Additional Services, even if the price of such services exceeds the value of the Settlement Coupon, upon simultaneous payment to Itabus of the price difference; and (ii) Transport and/or Additional Services, even if the price is lower than the value of the Settlement Coupon; in this case, the balance may be used by a Passenger for purchase of another Itabus Service.
3.3.3 Settlement Coupons are divisible and can be used in multiple transactions.
3.3.4 Settlement Coupons cannot be used together with other Settlement Coupons or with different types of coupons.
3.3.5 The Passenger will be able to exchange the Settlement Coupon for money. Itabus, after having verified the lawfulness of the request, will proceed to convert the corresponding amount into cash, which will be transferred by bank transfer to the bank details communicated by the Passenger to Itabus, or by refunding the credit card or PayPal account used during the purchase process through the Sales Channels managed by Itabus. If the value of the Settlement Coupon has been used to purchase Itabus Services whose price is lower than the value of the Settlement Coupon, Itabus will convert into money the remaining amount, at the Passenger’s request (remaining amount = Settlement Coupon - portion of Settlement Coupon used to purchase Itabus Services). As an alternative, the Passenger may use the aforementioned residual amount to purchase Itabus Services. The money conversion will take place in Euros within 14 (fourteen) days following the receipt of the request. The expenses related to the bank transfer that are knowable at the time the transfer is made will be borne by Itabus.
3.4 Promotional Coupons
3.4.1 The promotional coupons are discount coupons that Itabus, as part of specific promotional campaigns or other commercial initiatives, may grant to the Passenger for the purchase of Itabus Services (the “Promotional Coupons”).
3.4.2 The value of the Promotional Coupons will be determined, from time to time, by Itabus.
3.4.3 The Promotional Coupons will be valid for the purchase of: (i) Transport and/or Additional Services, even if the price exceeds the value of the Promotional Coupon, with simultaneous payment to Itabus of the resulting difference in price; and (ii) Transport and/or Additional Services, even if the price is lower than the value of the Promotional Coupon, without the refund of the balance of the same coupon.
3.4.4 Promotional Coupons are subject to rules determined and identified by Itabus when issued and published on Itabus Website.
3.4.5 Promotional Coupons cannot be used together with other Promotional Coupons or with different types of coupons.
3.4.6 Itabus may limit the use of Promotional Coupons to the purchase of a specific type of Ticket, to the purchase or execution of the Journey in a specific period or to the purchase of Transport Services for specific routes, Journey environments and/or Coaches.
3.4.7 The Promotional Coupons are not redeemable for cash or otherwise redeemable by the Passenger; therefore, at the end of the relevant promotional campaign, the Passenger may forfeit the rights provided therein.
3.4.8 Promotional Coupons may not be transferred neither for consideration nor for free by the beneficiary Passenger. Any violations will be sanctioned by Itabus with the block of the Tickets purchased with the Promotional Coupons and/or of claims for damages.
3.4.9 The Transport Services and/or the Additional Services purchased through a Promotional Coupon are subject to the same conditions of use, reimbursement and exchange as other types of purchased Itabus Services.
3.5 Exchange Coupons
3.5.1 The Exchange Coupon is an electronic credit issued by Itabus, in accordance with the pricing rules of the purchased Transport Service, to a Passenger who has requested the cancellation of a valid Ticket, according to the procedures described in Article 9 below (“Exchange Coupon”).
3.5.2 Exchange Coupons are valid for the purchase of: (i) Transport and/or Additional Services at a price higher than the value of the Exchange Coupon, with simultaneous payment to Itabus of the price balance; and (ii) Transport and/or Additional Services at a price lower than the value of the Exchange Coupon; in this case, the balance may be used by a Passenger for another purchase of Itabus Services.
3.5.3 Exchange Coupons are divisible and can be used in multiple transactions and therefore can be used for the purchase of more than one Ticket and/or Additional Services, up to the nominal value of the Exchange Coupon. Further specifications are available on our website.
3.5.4 Exchange Coupons cannot be used cumulatively with each other or with different types of coupon.
3.5.5 The conditions of use, reimbursement and exchange for the type of Itabus Services purchased shall apply to the Transport Service and/or the Additional Services purchased through an Exchange Coupon.
3.6 Common provisions concerning Coupons
3.6.1 Itabus shall have the right to demand payment for, or, at Itabus’ discretion, to cancel, the Tickets issued, in whole or in part, through the issuance of one of the coupons referred to in Articles 3.3, 3.4 and 3.5 above which have been purchased as a result of criminal conduct such as fraud, attempted fraud or a proven attempt at other illegal activities. This does not affect the right of Itabus to take action for compensation for any suffered damages.
3.6.2 The use of each coupon by the person who appears to be the legitimate holder of the coupon will also have the effect of releasing Itabus from liability or any obligations towards the person who should later prove to be the actual holder, if Itabus has acted in good faith.
If the Passenger buys a Ticket through Sales Channels operated by Itabus, the issuance of the invoice (or the tax documentation related to the Ticket) can be requested by the buyer during the purchase process of the Ticket and will be delivered in electronic format to the e-mail address indicated by the customer.
4.1 The ticket consists of an electronic record of the data relating to the Itabus Service purchased by the Passenger and made available in a readable and printable form (the “Ticket”). The Ticket is issued at the end of the purchase procedure for a journey departing from a place of origin and arriving at a destination among those made available by Itabus (the “Journey”). In the case of purchase of round-trip Transport Services, the Ticket is valid for the entire Journey, including both the outward and return routes.
4.2 The purchase of the Itabus Service may be carried out through the Sales Channels, as further described in Article 2. Depending on the Sales Channel chosen for the purchase of Transport Services, the Ticket will be sent in electronic format and/or via e-mail to the address indicated at the time of purchase, or printed in paper format and delivered to the Passenger.
4.3 At the time of purchase, the Passenger is required to enter or correctly indicate his own personal data and check the accuracy of the details indicated on the Ticket (i.e., name, date and time of departure and arrival).
4.4 The Ticket generated as a result of a purchase on Sales Channels managed by Itabus is transmitted exclusively in electronic format.
4.5 The Ticket generated following a purchase on the Sales Channels located throughout the national territory may be discretionally (i) transmitted in electronic format and/or via e-mail to the address indicated by the Passenger at the time of purchase or (ii) printed and delivered in hard-copy format by the personnel at a retailer.
4.6 The Ticket generated in accordance with Articles 4.4 and 4.5 above shall be kept by the Passenger for the purpose of showing it to the personnel in charge of the Transport Service (the “Driving Personnel”) on electronic devices (smartphones, tablets and similar) or shown in hard-copy format.
4.7 The confirmation of purchase and the issuance of the corresponding Ticket is final. Any change in its content requested by the Passenger, therefore, will lead to a change or cancellation under the conditions set forth in Article 9.
4.8 The Passenger is required to show, upon simple request of the Driving Personnel on the Coach, the Ticket together with a valid identity document with a photo in order to verify the ownership of the Ticket, as provided in Article 8.
4.9 The Passenger is entitled to the Transport Service and any Additional Services on the conditions that:
(i) he/she has been issued a valid Ticket for the Itabus Services and for the Journey indicated therein;
(ii) he/she is in possession of the relevant Ticket.
4.10 The Ticket is registered and cannot be transferred or otherwise used by anyone other than the Passenger. The Passenger is not allowed to board and/or leave the Coach at locations other than those indicated on the Ticket.
4.11 If the Passenger decides to interrupt his/her Journey by getting off the Coach and taking his/her baggage with him/her, he/she will not be entitled to any refund and/or compensation for the part of the Journey not taken.
4.12 It is permitted to purchase Transport Services in a single purchase transaction for a maximum of 25 (twenty-five) Passengers. In this case, Itabus will issue a single Ticket (the “Joint Ticket”) and will generate a separate Ticket for each Passenger.
4.13 Each Passenger to whom a valid Ticket has been issued will be assigned a seat. At the discretion of the Sales Channel used to purchase the Ticket, the Passenger may purchase the Additional Service relating to the choice of seat (i.e., aisle or window, row, table), subject to availability on board the Coach at the time of purchase of the Additional Service. The assigned seat will be shown on the Ticket. The price of such Additional Service will be calculated based on the fare in effect on the day of purchase of the Transport Service for the relevant Journey.
4.14 Without prejudice to the right of Itabus per Article 6.4(i), in case of loss, theft, destruction or deterioration of the Ticket and in any case of impossibility for the Passenger to produce the Ticket or a valid identity document by means of which the correspondence between the Passenger and the holder of the Ticket itself, the Passenger shall purchase, at a tariff provided for the purchase through the Driving Personnel in accordance with Article 2.6 above, a new Ticket to use the Transport Service. The Passenger also bears all risks related and consequent to any dissemination by him of the file containing the Ticket in digital format.
5 SCOPE OF APPLICATION
5.1 The terms and conditions of sale apply to all sales of tickets made through the itabus web sites (including the mobile application).
5.2 It should be noted that articles no. 2.4 (except for article 2.4.4) ,3.1(i), 3.2 (except for article 3.2.3), 3.7 of these conditions of sale also apply to the sale of passenger Transport Services offered by third party carriers authorized by Itabus ("Third Party Carriers Services") through the web sites of Itabus (including the mobile application). The tickets for the Third Party Carriers Services will be subject to the provisions of articles 4.1., 4.3. and 4.4. of these conditions of sale, as applicable.
5.3 The purchase of Third Party Carriers Services does not imply a reservation of the Transport Service of Itabus, since Itabus, for such services, exclusively allows the reservation of the Transport Service through the web sites of Itabus (including the mobile application).
5.4 Tickets relating to the Third Party Carriers Services offered through the Itabus web sites (including the mobile application) cannot be modified or cancelled. The terms and conditions of carriage relating to the Third Party Carriers Services offered through the Itabus web sites (including the mobile application) will in any case be subject to the specific terms and conditions applied by the relevant third party carrier. The terms and conditions of carriage applied by the third party carriers relating to the Third Party Carrier Services will be properly indicated on the Itabus web sites (including the mobile application) during the search and booking procedure and must be accepted by the purchaser.
SECTION B – TERMS AND CONDITIONS OF CARRIAGE
6 SCOPE OF APPLICATION
6.1 The conditions of carriage apply to the Transport Services.
6.2 For Third Party Carriers Services, third party carriers are the sole providers of the Transport Service; therefore, third party carriers are solely responsible for the execution of the service as well as for the transport agreement. In such cases, therefore, the respective general conditions of carriage applied by the carriers providing the aforesaid services will apply exclusively; such conditions will be adequately indicated on the Itabus web sites (including the mobile application) and will be accepted at the time of purchase of the Third Party Carriers Services.
7 CONTRACT OF CARRIAGE
7.1 The contract relating Itabus Services concluded through the acceptance of these General Terms and Conditions is a contract of carriage in accordance with article 1678 of the Italian Civil Code (the “Contract”), through which Itabus undertakes to transport any physical person with a valid Ticket as defined below (“Passenger”) from the place of departure to the place of destination indicated in the Ticket using the vehicles available to Itabus (the “Coaches”).
7.2 Itabus Services covered by each Contract and the underlying contractual relationship are governed, in addition to these General Terms and Conditions, by Italian law, including European Union law, if and insofar applicable in Italy.
7.3 Each Contract is concluded as a result of the issuance of the relevant Ticket after the payment of the full price for the Itabus Services in accordance with the procedures set forth in Article 3 below.
8 CHECK-IN AND BOARDING
8.1 In order to facilitate check-in operations, baggage boarding and to ensure compliance with the departure times scheduled by Itabus, as well as to guarantee safety during the activities preceding the start of the Journey, the Passenger, unless otherwise indicated by Itabus, must be at the station or bus stop at least 15 (fifteen) minutes before the scheduled departure time.
8.2 Unless otherwise notified by Itabus, the Passenger must board the Coach at the point of departure and at the time indicated in the Ticket. Should this not be the case, the Passenger will lose the right to obtain the Transport Services and any Additional Services purchased.
8.3 In addition to the Ticket in accordance with Article 4, the Passenger must carry the required documentation for travel, in compliance with the relevant regulations currently in force; Passengers are required to check the correctness of the documentation (e.g.: appropriate identification or identity document).
8.4 Itabus reserves the right to refuse boarding to the Passenger or to ask the Passenger to unboard during the Journey in the event that one of the following conditions is met:
(i) the Passenger does not have in his/her possession a valid Ticket entitling him/her to the Transport Service together with a valid document for the travel; in the event that the purchaser declares under his own responsibility that he does not have the material availability of the Ticket despite having duly purchased it, access on board will be allowed upon showing a valid document that allows to verify the purchase of the ticket on Itabus computer services;
(ii) the Passenger does not comply with the applicable regulations or obligations arising from these General Terms and Conditions, in particular those referred to in Article 12; or
(iii) if the carriage or continuation of the carriage of the Passenger constitutes a clear security risk.
8.5 In the cases detailed in Article 8.4, Itabus is under no obligation to reimburse the Ticket in full or in part, or to grant any kind of compensation.
8.6 Unless otherwise notified by Itabus, the Passenger must occupy the reserved seat indicated in the Ticket. Itabus may reassign seats for operational or safety reasons, even after departure. This may occur, for example, when pregnant women, minors, and Passengers with Disabilities or Reduced Mobility (as defined below) need to move to another seat and no corresponding seats are free. In such cases the Driving Personnel’s instructions must be followed. Seats may be reassigned without regard to race, religion, political belief, skin color, nationality or gender.
8.7 If a seat reservation is changed and it is not possible to allocate a seat in the reserved or superior category, the Passenger may request the seat reservation fee to be returned. A refund will not be given if the seat was allocated or purchased free of charge.
8.8 Notwithstanding the provisions of Article 8.4 item i), it is forbidden to board the Coach without a valid Ticket supported by the relevant Ticket together with a valid identification document . Any Passenger who, upon inspection, will be found to be without a valid Ticket will be required to, alternatively:
(a) immediately regulate his/her position, if there are seats available on board the Coach, by purchasing a Transport Service corresponding to the fare for the distance already travelled plus the fare for the remaining distance to the destination to be travelled by the Passenger, paying an increased carriage charge equal to twice the price due for the Transport Service of the entire Journey and in any case not less than Euro 50.00 (fifty), it being understood that if it is not possible to verify the distance already travelled, the starting point of the route is used for the calculation of the increased carriage charges; without prejudice to the user's right to submit a complaint, by filling out the appropriate form published on the Itabus Website in the section dedicated to Assistance, within three (3) months from the date on which the above-mentioned Transport Service was provided; Itabus (i) within one (1) month from the receipt of the complaint, will notify the Passenger that the complaint has been substantiated, rejected or is still under consideration; (ii) no later than three (3) months from the receipt of the complaint, will provide the Passenger with a definitive reply to the same.
(b) get off at the first available stop along the Coach route or at the first safe place, without prejudice to the payment of the price for the distance already travelled plus a surcharge equal to 100% (one hundred percent) of the amount due and in any case not less than Euro 50.00 (fifty), without prejudice to the user’s right to submit a complaint in accordance with the procedure referred to in letter a) above.
8.9 Any Passenger who uses a Ticket bearing a Ticket with a price reduction without having the right to do so or who uses a forged, incomplete or illegible Ticket is also considered to be without a valid Ticket.
8.10 In the event of violation of the regulations concerning objects that a Passenger is not permitted to carry (e.g., dangerous objects, explosive or flammable substances), or in any case in violation of Article 15.1.6 below, Itabus shall be entitled to refuse the execution of the relevant transport, as well as to take further measures to guarantee the safety of the Itabus Services and the Passengers.
9 BOOKING CHANGES AND PASSENGER CANCELLATIONS
9.1 The booking may be freely and unilaterally changed by the Passenger, in accordance with the following provisions and through the Sales Channels referred to in Article 9.4 below. In any case, change of reservation is not allowed for some prices/products/services indicated in the Itabus web sites and in these Conditions.
9.2 The Passenger may change, up to the time of departure, the seat selected/assigned at the time of booking, within the same travel area selected at the time of purchase of the Ticket.
9.3 The Passenger may modify, up to the time of departure, the number of baggage items included in the Ticket by adding one or more in accordance with the limits provided in Article 15 below.
9.4 The changes referred to in Articles 9.2 and 9.3 above are subject to the rates available in the “Assistance” section on the Itabus Website, or, in any case, during the change process on the Sales Channels and can only be made: (i) on the Itabus Website, (ii) through the Itabus mobile app for smartphones, (iii) through Customer Service; (iv) through Itabus personnel equipped with a special mobile device, present on board.
9.5 In the event of a booking for a round trip, Itabus grants the Passenger the right to change even only one of the outward and return legs resulting from the Ticket.
9.6 Changes to a reservation other than those expressly provided for in Articles 9.2 and 9.3 above imply the prior cancellation of the booked Journey by the Passenger.
9.7 A cancellation fee based on the price/product purchased for each Trip and individual Passenger may be charged for each Trip cancellation procedure due to the Passenger's decision. Any refund due to the Passenger will be provided through. the Exchange Coupon issued for an amount equal to the price shown on the Ticket, minus any eventual costs of the cancellation procedure. The foregoing does not preclude the purchaser from exercising his rights in the event that the cancellation is based on force majeure or objective supervening impossibility (impossibilità sopravvenuta) due to extraordinary and unforeseeable events.
9.8 In the case of a Joint Ticket, it is not permitted to cancel the Journey with respect to only some of the Passengers in the group.
9.9 Bookings involving connections with transfers (interconnections) are treated as one Journey, from the place of departure to the final destination resulting from the Ticket. Therefore, it will not be possible to cancel one route of the Journey while retaining the booking with reference to the other routes; only in the event that the Passenger books individual routes, and combines these to form a Journey involving transfers, will these routes be considered individually as a Journey and be subject to cancellation independently of the others.
9.10 In the event of a round-trip booking, Itabus grants the Passenger the right to cancel either the outward or the return route of the Ticket.
9.11 Terms and conditions of cancellation vary according to the fare/product and the Sales Channel from which the Itabus Service has been purchased.
9.12 In the event of cancellation, an Exchange Coupon will be issued to the Passenger or, in the case of a Joint Ticket, to the contact person (i.e., the person who purchased the Joint Ticket in accordance with Article 4.12 above), as described in Article 3.5 above. Furthermore, if provided for by the type of Ticket purchased, the Passenger may request a refund for the Journey in accordance with the procedures set forth in the “Assistance” section on the Itabus Website.
10 SERVICE CANCELLATIONS AND REFUNDS
10.1 Without prejudice to the provisions set forth in Article 10.6 below, in case of cancellations or delays of the Journey with respect to the departure time indicated in the Ticket, provided that no fault might be attributed to the Passenger departing from the station terminal, Itabus will notify the Passenger as soon as possible through the Itabus Website, and in any case no later than 30 (thirty) minutes after the scheduled departure time. Where possible, Itabus will offer electronic information regarding cancellations or delays (e.g., by e-mail or text message to the address or number provided by the Passenger at the time of purchasing the Ticket) to those Passengers, including those departing from a stop, who have made a request and provided the necessary contact details.
10.2 Should the Transport Services be cancelled or delayed by more than 120 (one hundred and twenty) minutes or in the event of overbooking, the Passenger has the following options: (i) to continue or re-route his/her Journey at the earliest possible opportunity on a different route leading to the destination stipulated in the Contract, without additional costs, at comparable conditions; or (ii) to request reimbursement of the Ticket and the free return Transport Service to the place of departure stipulated in the Contract as soon as possible, as applicable.
10.3 In the event that Itabus is unable to offer the Passenger the choice referred to in Article 10.2 above, pursuant to Article 19 of EU Regulation no. 181 of 2011, the Passenger will be entitled to an amount equal to 50% (fifty percent) of the price paid for the Ticket, in addition to the reimbursement referred to in Article 10.2(ii). This amount will be paid by Itabus within 1 (one) month of the presentation of the Passenger’s request through the issuance of a Settlement Coupon, as further described in Article 3.3 above.
10.4 In the event that the Coach becomes unusable during the Journey, Itabus shall offer Passengers continued Transport Services with a replacing Coach alternatively (i) by continuing the Journey from the point at which the Coach became unusable, or (ii) by providing the Passengers with free transport between the point at which the Coach became unserviceable and a suitable waiting point or station whence the Journey can be continued.
10.5 Should the Transport Services be cancelled, or delayed by more than 120 (one hundred and twenty) minutes with respect to the scheduled departure time from a Coach stop of the relevant Journey, the Passenger is entitled to the continuation of the same, to the re-routing or to the reimbursement of the price at which the Ticket was purchased in accordance with Article 10.6 below.
10.6 Reimbursement of the Ticket referred to in Articles 8.2 and 8.5 above will be made by Itabus within 14 (fourteen) days after receipt of the Passenger’s compensation claim. Reimbursement of the full, paid fare of the Ticket shall be for the parts of the Journey completed as well as for those not completed if the Passenger is not able to complete the Journey in accordance with his/her original travel plans. Reimbursement shall be made in cash, unless the Passenger accepts another form of reimbursement consisting, in any case, in the issuance of coupons.
10.7 Any cancellation of a Journey on the initiative of Itabus will be governed by the law in force and in particular by EU Regulation no. 181 of 2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of Passengers in coach transport.
11 PASSENGER RIGHTS
11.1 Passengers in possession of a valid Ticket are entitled to transportation on the route indicated in the Ticket according to the contractual conditions offered to the public, without any direct or indirect discrimination.
11.2 In accordance with the provisions of EU Regulation no. 181 of 2011, the following rights are guaranteed to Passengers using Itabus Services:
(i) non-discrimination among Passengers with regard to the conditions of transport offered by carriers;
(ii) the rights of Passengers in the event of accidents arising from the use of Coaches that result in the death or injury of Passengers or the loss of or damage to baggage;
(iii) non-discrimination and mandatory assistance for Passengers with Disabilities or Reduced Mobility;
(iv) the rights of Passengers in the event of cancellation or delay;
(v) minimum information to be provided to Passengers;
(vi) the handling of complaints;
(vii) general rules to ensure the enforcement of the regulation.
11.3 For more details, please consult the “Passenger Rights” section on the Itabus Website.
12.1 Children aged between 0 (zero) and 3 (three) years may only be conveyed on the Coach in appropriate child safety seats. The child safety seats must be provided on the Coach by the child’s parent or guardian, who must ensure that the child travels in complete safety, and also in accordance with current legislation. Itabus will not be held responsible for the suitability and compliance with the law of the child seats carried by the accompanying persons.
12.2 Children older than 3 (three) years and shorter that 1.50 metres must be secured by the accompanying Passengers with the child safety seatbelts located on the Coaches, only if approved and if their use is not incompatible with their height (art. 172, paragraph 6 of the Italian Road Code).
12.3 If the Coach is not equipped with approved child safety seatbelts as set forth in Article 12.2 above, minors must be transported using standard safety seatbelts only if compatible with their height. This provision only applies to children shorter than 1.50 metres and weighing less than 36 kilograms.
12.4 In case of non-compliance with these rules, the person responsible for the supervision of the child on the Coach is liable. It is not mandatory for Passengers weighing up to 36 kilograms and shorter than 1.50 metres travelling on Coaches used for scheduled services to be secured by child safety seatbelts, provided that they do not occupy a front seat and are accompanied by at least one adult Passenger.
12.5 Children under the age of 14 (fourteen) must be accompanied on all Transport Services by an adult. Parents or guardians of children under the age of 14 (fourteen) travelling to an international destination unaccompanied by at least one of the above-mentioned persons and who intend to grant authorization to a third adult person must sign the “declaration of accompaniment” which will remain on file at the Police Headquarters and which can be downloaded from the following link: https://www.poliziadistato.it/statics/31/modulo_dichiarazione_accompagnamento.pdf. The validity of the authorization to travel is limited to a single Journey (to be understood as a round trip) outside the place of residence of the child under 14 (fourteen), with a specific destination.
12.6 People aged between 14 (fourteen) and 17 (seventeen) years must have a written authorization issued by their parents or guardians, according to the model available in the “Assistance” section on the Itabus Website, to be attached to the Ticket.
12.7 On authorized national routes, people between 14 (fourteen) and 17 (seventeen) years may travel unaccompanied by an adult, provided that they have the authorization referred to in the previous article and as long as the Journey: (a) does not take place on a night Coach; (b) does not involve a change of Coach; and (c) does not involve crossing national borders. In any case, Itabus does not assume any obligation to supervise the minor(s).
12.8 On authorized international routes, minors under the age of 16 (sixteen) are admitted for carriage only if accompanied, while minors between 16 (sixteen) and 17 (seventeen) years may travel unaccompanied with a valid document and a regular written authorization from their parents or guardians, according to the model available in the “Assistance” section on the Itabus Website, to be attached to the Ticket. The Driving Personnel may request the Passenger to show a valid identity document.
13 PASSENGERS WITH DISABILITIES OR REDUCED MOBILITY
13.1 Itabus Services are provided without discrimination against persons with physical disabilities (sensory or locomotory, permanent or temporary), mental impairment, or any other cause of disability, or for reasons of age, and whose condition requires appropriate attention and adaptation to their specific needs of the service provided to all Passengers (the “Passengers with Disabilities or Reduced Mobility”). To this end, Itabus complies with the provisions of EU Regulation no. 181 of 2011 and performs the assistance services that fall within the scope of the carrier’s responsibility in accordance with Annex I of the said Regulation.
13.2 In order to ensure the feasibility of the transport of the Passengers with Disabilities or Reduced Mobility, as well as their accompanying companions, it is necessary for the Passenger to disclose to Itabus their needs prior to booking, using the form available in the “Assistance” section on the Itabus Website, and in any case no later than 36 (thirty-six) hours before the start of the Journey.
13.3 It is understood that Itabus can not affect/modify the infrastructural condition of bus stops and bus stations visited by Itabus, or their accessibility for Passengers with Disabilities or Reduced Mobility, hence Itabus cannot provide any guarantee of access or be held responsible for its unavailability.
13.4 Carriage of Passengers with Disabilities or Reduced Mobility may be refused by Itabus exclusively in the following cases:
(i) in order to comply with safety obligations established by EU, international and national legislation or health and safety obligations established by the competent authorities;
(ii) if the configuration of the Coach or of the infrastructures or even of the stops or stations makes it physically impossible to take on board, alight or carry the Passenger with Disabilities or Reduced Mobility in a safe and operationally feasible manner..
13.5 Service dogs and companions
13.5.1 Service dogs for blind persons or service dogs that have been trained to perform specific tasks to assist Passengers with Disabilities or Reduced Mobility are transported at no additional charge. Service animals must wear a muzzle if requested by the Driving Personnel or another Passenger.
13.5.2 In order to ensure the feasibility of transporting the recognized assistance dog of the Passenger with Disabilities or Reduced Mobility, the Passenger must inform Itabus of their needs prior to booking, using the form available in the “Assistance” section on the Itabus Website, and in any case no later than 36 (thirty-six) hours prior to the start of the Journey.
13.5.3 The accompanying companion of a Passenger with Disabilities or Reduced Mobility will travel free of charge as a Passenger if it is established that the Passenger with Disabilities or Reduced Mobility requires continuous accompaniment and, if possible, will be allocated a seat adjacent to or next to that of the Passenger with Disabilities or Reduced Mobility whom he/she is accompanying.
13.5.4 In order to ensure the feasibility of transporting the Passenger with Disabilities or Reduced Mobility, as well as their accompanying companion, the Passenger must inform Itabus of their needs prior to booking, using the form available in the “Assistance” section on the Itabus Website, and no later than 36 (thirty-six) hours before the start of the Journey.
13.6 Traveling with a wheelchair
13.6.1 The transport in the hold of folding wheelchairs and other mobility aids for Passengers with Disabilities or Reduced Mobility is for free. In order to verify the possibility of transporting the wheelchair in the hold as part of a Transport Service, the exact configuration of the wheelchair or other mobility aid must be notified to Itabus, using the form available in the “Assistance” section on the Itabus Website, prior to the purchase of the Transport Service and at least 36 (thirty-six) hours before the departure time of the Transport Service. For safety reasons, the wheelchairs for which carriage in the hold is requested must be foldable and non-electric.
13.6.2 For some Transport Services, Itabus makes available the transport of wheelchairs in the passenger compartment. In order to verify the possibility of transporting a wheelchair in the passenger compartment as part of a Transport Service, the exact configuration of the wheelchair or other mobility aid must be notified to Itabus, using the form available in the “Assistance” section on the Itabus Website, prior to the purchase of the Transport Service, and at least 7 (seven) days before the date of its departure. In order for a wheelchair to be placed in the passenger compartment, the wheelchair, regardless of the date of manufacture, must have safety fastening points, (so-called force nodes), in accordance with the provisions of DIN 75078-2, as well as a manufacturer’s approval in accordance with DIN EN 12183 or 12184. The Passenger with Disabilities or Reduced Mobility who wishes to benefit from the Transport Service by placing his or her wheelchair in the passenger compartment must: (a) confirm compliance with the regulations for transporting the wheelchair when submitting the form available in the “Assistance” section on the Itabus Website to verify the possibility of transporting the wheelchair, and (b) ensure that the wheelchair is functional and technically designed in such a way that it can be used safely during the Journey.
13.6.3 The wheelchair must comply with current official safety requirements prescribed by national, EU and international regulations. If, at the sole discretion of Itabus, the safety of the Journey is compromised, the transport of the wheelchair in the hold may be denied. Itabus declines all responsibility for damages that are due to the poor technical condition of the wheelchair.
13.6.4 Subject to the terms set forth in Article 15, Itabus will be liable for any loss of or damage to wheelchairs, other mobility equipment or assistive devices for which it is responsible. The amount of compensation under this Article 13.6.4 will be equivalent to the cost of replacing or repairing lost or damaged equipment or devices.
13.6.5 If necessary, Itabus shall make every reasonable effort to procure a temporary replacement of equipment or devices quickly and when available. Wheelchairs, other mobility equipment or assistive devices will, as far as possible, correspond to the technical and functional features of the lost or damaged wheelchair or other mobility equipment.
14 PASSENGER OBLIGATIONS
14.1 On board the Coach, the Passenger undertakes to behave in a calm and peaceful manner, respecting the other Passengers and the Driving Personnel; therefore the Passenger: (i) will refrain from talking to the Driving Personnel while driving, except to report emergencies that threaten the safety of the Passengers, or when necessary; (ii) will wear and fasten the seatbelt; (iii) will remain seated in his/her seat during the Journey, avoiding walking and occupying the central lane; (iv) will comply with all safety instructions transmitted by Itabus by means of audio or text messages and/or provided by the Driving Personnel; (v) will not start the Journey under the influence of alcohol or in a state of intoxication; (vi) will not consume substances that could disturb other Passengers and/or activate the on-board signaling systems (it is prohibited to consume cigarettes and similar products such as electronic cigarettes and unburnt heated tobacco products, narcotics, alcohol and illegal substances in all areas of the Coach, including the toilets); (vii) will respect the cleanliness of the environment and facilities; (viii) will not use a mobile phone on speaker; (ix) will not use noisy or loud devices audible to other Passengers; (x) will be in a state of health that does not compromise the health of the other Passengers and will ensure that he/she is not in a state of mental or physical alteration due to the consumption of drugs and/or alcohol or abuse of medication; (xi) will use and operate the safety devices present on board the Coach (e.g., emergency hammers, emergency doors) only in situations of necessity and emergency; and (xii) will use the devices and equipment on board (e.g., vending machines, tables, footrests, armrests) according to their use and in such a way as not to cause damage, breakage and/or wear and tear to them or disturb other Passengers. The Passenger accompanying a minor assumes full responsibility for the minor they are accompanying, in order to guarantee full compliance with behavioral and safety regulations. Itabus declines all responsibility in the event of damage to the Passengers (or third parties) resulting from any violation of the above.
14.2 If the Passenger violates the obligations and prohibitions imposed on him/her by these General Terms and Conditions and/or by articles 17 et seq. of Title II of Italian Presidential Decree no. 753/1980, Itabus may refuse to provide the Transport Service or suspend it, including through the intervention of the police, if necessary, without the Passenger having any right to reimbursement of the total amount paid for the Transport Service. The Passenger will be held liable for any and all damages suffered by Itabus and/or third parties as a result of the aforementioned violations.
14.3 During the Journey, the Driving Personnel has full discretion to make stops other than the stops provided for the boarding and disembarkation of Passengers, in order to comply with safety obligations and the respect of work regulations relating to driving and breaks for drivers (the “Breaks”). During the Breaks, the Passenger shall comply with the following rules: (i) leave the Coach if requested to do so by the Driving Personnel or any customs authority or police; (ii) not remove baggage from the hold, except in duly justified cases and subject to authorization by the Driving Personnel (e.g., medical obligation); and (iii) return on board the Coach by the end of the duration of the Breaks announced by the Driving Personnel. Itabus reserves the right to continue the Journey should a Passenger not return to the Coach after the indicated Break time is over, and cannot be held liable for the absence of a Passenger.
14.4 The Passenger shall use the Wi-Fi service for lawful purposes and in accordance with the conditions of use of the service, assuming all responsibility towards Itabus for any illicit or improper use, including actions that result in endangering or damaging the internet network or connections of Itabus suppliers.
15.1 Terms applicable to all types of baggage
15.1.1 The transport of the Passenger’s baggage is subject to the terms set forth in this Article 15. No baggage other than Standard Baggage, Large Baggage and XL Baggage (as defined in Articles 15.2, 15.3.3 and 15.4 below, respectively) may be transported.
15.1.2 The Passenger is responsible for loading and unloading his/her baggage. Possible assistance from the Driving Personnel will only be provided in exceptional cases and does not justify any claims to the same, except in the cases referred to in Article 12.
15.1.3 The Passenger is obliged to allow the Itabus Driving Personnel to carry out the necessary checks to ensure that the baggage has been transported in accordance with these General Terms and Conditions of Sale and Carriage.
15.1.4 In the event that the Passenger has loaded a baggage that does not comply with the provisions of these General Terms and Conditions of Sale and Carriage, the Passenger must unload such items at the next stop.
15.1.5 Valuable items, such as but not limited to cash, jewelry, precious metals, keys, glasses (sunglasses and/or reading glasses), electronic devices (laptops, tablets, MP3 players, cellphones, cameras), contact lenses, prostheses, medication, important documents (diploma certificates, other certificates, credentials, passports, driving licenses, securities, etc.) and fragile objects must be conveyed in hand baggage, not in the checked-in baggage, and shall be the subject of custody by Passengers.
15.1.6 Dangerous substances and objects are not permitted on board the Coach, in particular: (i) explosive, flammable, radioactive, foul-smelling or corrosive substances; (ii) unpackaged or unprotected items which could injure Passengers, damage the baggage or the Coach; and (iii) substances and objects whose possession and/or ownership are prohibited by national, European Community and/or international law, or whose possession and/or ownership could be a source of potential danger to the safety of the Coaches as well as to the safety of other Passengers. As a general rule, furnishings, furniture or parts thereof and household appliances are excluded from carriage.
15.1.7 Passengers shall take all necessary precautions to prevent their baggage from causing annoyance or inconvenience to other Passengers, as well as damage to the baggage of other Passengers or the continuation of the Journey under safe conditions.
15.1.8 Passengers shall not carry weapons and ammunition, with the exception of the police and other persons equivalent to them.
15.1.9 For security reasons and/or at the request of the authorities, the Passengers may be asked to allow their baggage to be examined. If a Passenger refuses to comply with this request, Itabus may refuse to transport the Passenger and his/her baggage.
15.1.10 The loss of or damage to baggage due to an accident resulting from the use of the Coach will entitle the Passenger to compensation from Itabus for any justifiable damage for which it is held liable, in the amounts established in EU Regulation no. 181 of 2011.
15.1.11 With the exception of accidents deriving from the use of the Coach pursuant to section 15.1.10, in the event of loss or damage of luggage stored in the luggage compartment, Itabus will be liable pursuant to the applicable laws and specifically according to art. 2 of Law 450/1985.
15.2 Standard Baggage
15.2.1 The carriage of Baggage included in the price of the Ticket is limited to 1 (one) hand baggage and 1 (one) checked-in baggage of the dimensions and weights listed in the following articles, for a total weight per Passenger of no more than 10 kilograms (collectively the “Standard Baggage”). Except in the case of purchase of Additional Services, Large Baggage and XL Baggage, Itabus will not be obliged to transport the Passenger’s baggage that does not comply with the Standard Baggage standards set forth in this Article, and may refuse to allow it to be loaded.
15.2.2 Hand baggage should be stowed on the baggage racks provided or placed under the seats in front of Passengers with a maximum size of 42 x 30 x 18 cm.
15.2.3 The hand baggage and its contents shall remain in the care of Passengers for the duration of the Journey and must be monitored appropriately in order to ensure safety on board and not to disturb other Passengers.
15.2.4 The checked-in baggage shall have a maximum size of 60 x 45 x 25 cm.
15.2.5 Each Passenger may transport a maximum of 10 kilograms of checked-in baggage, according to the parameters set forth in article 15.2.1.
15.2.6 All checked-in baggage shall be properly packed in suitcases, protective covers, bags or other suitable containers. The packing of baggage is the sole responsibility of the Passenger.
15.2.7 Passengers are obliged to label their checked-in baggage with their name, mobile phone number and address. The labelling of such baggage is the sole responsibility of the Passenger.
15.3 Large Baggage
15.3.1 If the Passenger wishes to transport additional baggage other than the Standard Baggage, he shall purchase the corresponding Additional Service (if available), which allows the Passenger to obtain the carriage of an additional item of baggage with a maximum size of 80 x 50 x 30 cm and maximum weight of 20 kilograms (the “Large Baggage”).
15.3.2 The carriage of Large Baggage is subject to space availability; there is no right to transport more than one item of Large Baggage per Passenger.
15.3.3 Large Baggage must be booked in advance, at the latest on departure. An additional charge will be made for the carriage of Large Baggage. The charge for the Ancillary Service consisting of the LargeBaggage will be shown at the time of purchase, subject to availability of space.
15.3.4 The transport of Large Baggage is limited to 1 (one) per Passenger and subject to availability.
15.4 XL Baggage
15.4.1 If the Passenger intends to transport baggage that exceeds the dimensions of Standard and Large Baggage, he/she must purchase the corresponding Additional Service (if available), which allows the Passenger to obtain the carriage of baggage that exceeds the weight and volume limits of normal checked-in baggage, and in any case does not exceed 240 cm resulting from the sum of height + width + depth, and 25 kilograms (the “XL Baggage”). The XL Baggage is subject to advance booking and confirmation of the possibility of boarding. The Passenger has no guarantee of availability of the Additional Service XLBaggage.
15.4.2 The transport of XL Baggage is limited to 1 (one) per Passenger.
15.4.3 XL Baggage must be booked in advance, at the latest on departure. An additional charge will be made for the carriage of XL Baggage. The charge for the Additional Service consisting of the XL Baggage will be shown at the time of purchase, subject to availability of space.
15.4.4 Subject to the exceptions, derogations and specific provisions set forth below, the following are always considered to be XL Baggage and are therefore subject to the provisions of this Article 15.4:
(i) bicycles; the transport of bicycles is only conveyed on certain routes, subject to reservation and availability; It is not allowed to transport electric bicycles, pedelec, tandem and three-wheels cycles;
(ii) scooters; in order to be transported, the scooter must be folded and placed in suitable packaging (e.g., bag, case); skateboards, hoverboards and similar items are treated as scooters; it is not allowed ti transport electric scooters.
15.4.5 Orthopedic aids for Passenger with Disabilities or Reduced Mobility are not classified as XL Baggage and are subject to the specific provisions of Article 13.
15.5 Musical instruments
15.5.1 Musical instruments whose dimensions (including case) are less than or equal to the maximum dimensions for hand baggage may be transported free of charge as hand baggage.
15.5.2 Musical instruments whose dimensions exceed the maximum dimensions for hand luggage and in any case do not exceed 150 cm resulting from the sum of height + width + depth, and do not exceed 10 kilograms in weight, may only be transported by purchasing a Transport Service with a Joint Ticket reserving a seat on the Coach for the instrument transported by the Passenger. If the Passenger intends to reserve a seat on the Coach for his/her instrument, he/she must repeat the Passenger’s details in the “first name” and “last name” fields for the additional seat reserved.
15.6.1 The transport of strollers is limited to 1 (one) per Passenger. Strollers must be collapsible and are conveyed free of charge.
16.1 The Passenger may carry live, non-dangerous pets (such as small dogs, cats and other small pets) weighing no more than 10 kilograms, with a health certificate, on the Coach, after purchasing a Transport Service with a Joint Ticket and reserving a seat on the Coach for the pet travelling with the Passenger, next to the Passenger’s seat. If the Passenger wishes to reserve a seat on the Coach for his/her pet, he/she must repeat the Passenger’s details in the “first name” and “last name” fields for the additional seat booked.
16.2 Animals must be transported in special containers (carriers) that must bear a clear and legible indication of the name and address of the Passenger. One container is permitted for each Passenger, with characteristics that are suitable to exclude injury to persons and damage to property. The animal must be kept inside the container for the duration of the Journey.
16.3 For the carriage of the dogs mentioned in Article 16.1, the Passenger must be in possession of the certificate of registration with the dog registry. In the case of Passengers coming from foreign countries, the animal must have the identification system and passport in accordance with Regulation (EU) No. 576/2013 where applicable, to be presented at the request of the Driving Personnel.
16.4 The Passenger is responsible for the supervision of the animals he/she brings with him/her throughout the duration of the Journey. The Passenger is liable for any damage (to people and/or things and/or other animals) caused by his/her pet.
16.5 The carriage and transport of dangerous domestic animals or animals suffering from diseases transmissible to humans is excluded.
16.6 The terms set forth in Articles 16.1, 16.2 and 16.3 shall not apply to service dogs accompanying Passengers with Disabilities or Reduced Mobility, in relation to which Article 13.5 above shall apply.
17.1 Itabus shall be held responsible in the event of an ascertained violation of one of the contractual obligations referred to in these General Terms and Conditions, the Contract or arising from law, except in the case of an unforeseeable event or an event of force majeure that prevents or obstructs the performance of the services. Unforeseeable event or event of force majeure means an event that Itabus could not control or reasonably foresee at the time of issuing the Ticket and whose effects could not be reasonably avoided.
17.2 Except in cases of gross negligence or wilful misconduct, Itabus is excluded from any liability for the following cases: (i) exchange or theft of baggage; (ii) damage or amplification of damage resulting from inadequate packing of baggage by the Passenger; and (iii) damage to the baggage or the Passenger resulting from the Passenger’s negligence.
17.3 Passengers are entitled to compensation for death and personal injury as well as for loss of or damage to baggage due to an accident resulting from the use of Coaches during a Journey. For the conditions and amount of compensation, reference is made to the applicable national legislation and to Article 7 of EU Regulation no. 181 of 2011. There is no automatic compensation or indemnity. The Passenger – according to the aforementioned legislation and within the limits provided therein - shall only be entitled to compensation for proven damages. Following an accident resulting from the use of the Coach during a Journey, Itabus shall provide reasonable and proportionate assistance to the Passenger’s immediate practical needs following the accident. Such assistance does not, in any case, constitute recognition or assumption of liability.
SECTION C – MISCELLANEOUS
18.1 Passengers may lodge complaints, in the event of an alleged infringement by Itabus of the provisions of EU Regulation no. 181 of 2011 concerning passengers’ rights in coach transport, by filling out the appropriate form in the “Assistance” section on the Itabus Website.
18.2 In accordance with European and national legislation on the passengers’ rights in coach transport, the grounds for lodging a complaint relate exclusively to:
(i) for regular scheduled services whose distance is equal to or greater than 250 km, national or international:
failure to issue a ticket;
discriminatory contractual conditions or fares;
non-compliance with obligations to protect disabled persons or persons with reduced mobility;
no alternative transport in case of cancellation, late departure or overbooking;
lack of and/or incorrect information in the event of cancellation or late departure;
failure to provide assistance at the station in case of cancellation or late departure;
failure to inform the Passenger about the Journey and his rights;
failure to adopt the system for handling complaints;
(ii) for regular scheduled services whose distance is less than 250 km, national or international:
discriminatory contractual conditions or fares;
non-compliance with obligations to protect disabled persons or persons with reduced mobility;
information to the passenger on the journey and his/her rights;
failure to adopt the system for handling complaints; and
18.3 Pursuant to Article 27 of EU Regulation no. 181 of 2011, Passengers must file complaints within three (3) months from the date on which the regular service was provided or should have been provided.
18.4 Itabus will (i) within one (1) month of receipt of the complaint notify the Passenger that the complaint has been received; and (ii) no later than three (3) months of receipt of the complaint provide the Passenger with a final response to the complaint.
18.5 In the second instance, after 90 (ninety) days from the sending of the first complaint to Itabus S.p.A., passengers may use the out-of-court dispute resolution procedures or they may submit a complaint - pursuant to Article 28, paragraph 3, of EU Regulation no. 181 of 2011 and Article 3, paragraph 5 of Legislative Decree No. 169 of November 4, 2014 - to the Transport Regulation Authority for alleged violations of the Regulations and in accordance with the procedures established by the Authority itself. In particular, the complaint may be submitted alternatively: (i) by registered mail to the address of Via Nizza n. 230, 10126 Turin; or (ii) by sending an e-mail to one of the following e-mail addresses: email@example.com or firstname.lastname@example.org; using the appropriate digital access (SiTe), available on the Authority’s website. For further information please consult the website www.autorita-trasporti.it. For the settlement of any disputes it is also possible to use the ODR platform, an extrajudicial dispute resolution tool available here.
18.6 It is possible to use either Italian or English for the submission of the complaint. Itabus will reply to the Passengers in the same language they used when making their complaint.
18.7 Complaints can be submitted either via the web (Online Complaint) or via recorded delivery/regular mail (paper complaint).
18.8 Itabus will examine complaints that contain the following elements at the same time:
- the identification references of the passenger and any representative;
- the references of the journey made or planned and the transport contract or a copy of the ticket;
- the description of the non-conformity of the service with one or more of the requirements defined by the reference regulations or by the general conditions of carriage of Itabus, respectively.
18.9 If Itabus does not comply with the terms of paragraph 18.4 above, the Passenger is entitled to receive automatic compensation proportional to the price of the ticket to the extent of (i) no less than 10% (ten percent) in the case of a reply provided between the 91st and 120th day after receipt of the complaint, or (ii) 20% (twenty percent) in the case of a reply not provided by the 120th day after receipt of the complaint. It should be noted that such compensation is not due in cases where (a) the amount of the claim is less than €4 (four), (b) the claim is not submitted by the passenger in the manner, minimum elements and time frame provided for in paragraph 18.8 above, or (c) the passenger has already received compensation for a claim concerning the same journey.
18.10 In the case of claims relating to the execution of Third Party Carriers Services, Itabus will provide the passenger with the contact information of the carrier providing the Service, and the Passenger shall contact such carrier to submit the claim.
Itabus may modify the General Conditions. Any change will be effective as of the date of their publication on the Itabus Website. The General Conditions in force at the time the purchase of the Itabus Service was made will be applied to the Tickets issued by Itabus if made before the publication of the aforementioned modifications.
20 INFORMATION PURSUANT TO THE LEGISLATION ON THE PROTECTION OF PERSONAL DATA
20.1 The personal data relating to Passengers or to the users purchasing Third Party Carriers Services through Itabus web sites will be processed by Itabus, as data controller, for purposes strictly related to the provision of the Transport Service and any Additional Services, in accordance with the information on the processing of personal data, provided pursuant to Article 13 of Regulation (EU) no. 679 of 2016 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, also referred to as General Data Protection Regulation (“GDPR”), and, in any case, in compliance with the current legislation on the protection of personal data, by which is meant Legislative Decree no. 196 of 2003, as amended by Legislative Decree no. 101 of 2018, as well as the measures issued from time to time by the Authority Guarantor of the protection of personal data. The policy is available at the link www.itabus.it/it/privacy.html.
20.2 Itabus will process the Personal Data by means of suitable paper, electronic and/or telematic instruments, with use strictly related to the above purposes and, in any case, in such a way as to guarantee the security and confidentiality of the related Personal Data.
20.3 Passengers may exercise their rights within the limits and under the conditions of articles 7 and 15-22 of the GDPR by contacting Itabus at the e-mail address email@example.com; this request will be answered without delay and, in any case, within 1 (one) month of receipt of the request.
21 INTELLECTUAL PROPERTY RIGHTS
21.1 All Intellectual Property Rights related to the Itabus Services belong exclusively to Itabus, which will retain ownership of them even after the conclusion of the Contract. The purchase of Itabus Services does not grant the Passenger any right of use and/or license with respect to the Intellectual Property Rights related to the Itabus Services.
21.2 For the purposes of this Article, Intellectual Property means, on a universal level, all present and future copyrights, trademarks, distinctive signs, know-how, patents, utility models, inventions, domains, designs, models and any other intellectual and/or industrial property right recognized in any international jurisdiction, including all related applications and registrations and the rights to apply for the same in connection with the Itabus Services.
22 OTHER RELEVANT PROVISIONS
The use of the Itabus online Sales Channels by the Passenger to purchase a Transport Service automatically implies full acceptance of these General Conditions and of the other rules described herein (including, but not limited to, the privacy and cookie policies available on the site).
For purchases happened before 23/05/2023, consult this page: General Conditions of Sale and Transport for purchases until 23/05/2023