Complaint procedures

Claims for violation of passenger rights

The Company guarantees the availability of an easy-to-access and user-friendly complaints handling mechanism, with particular regard to the needs of users with disabilities, and in any case ensuring compliance with the minimum measures identified in Annex A to ART Resolution No. 28/2021.

The information contained herein is also provided by the company in the dedicated section of the website, accessible from the home page, via the "Complaints and reports" link; as well as on board the buses.

Complaint means any act by which a customer (or the lawyer or consumer association representing him/her) clearly identifiable challenges in writing the Company about its behaviour or omission; expresses complaints about the inconsistency of the service with one or more requirements defined by european or national legislation, the general conditions of transport or the general conditions of use of the digital platform, or, the service charter.

The company has a system for handling complaints that passengers may submit:

1. using, in addition to Italian, the English language, in which case the answer will be in the same language;
2. several channels including:

b.1) the website, with access from the following dedicated link: https://marinobus.it/segnalazione-reclamo/, located in the dedicated section accessible from the main menu in the "Support" section under "Complaints and Reporting" or from the footer menu on the home page of www.marinobus.it, using the appropriate form, with issue of a receipt;

b.2) by sending an e-mail to: reclami@marinobus.it

b.3) by registered mail through the following address or mailbox: Soc. Marino srl, L. go Francesco Saverio Nitti, 67, 70022, Altamura (BA)

b.4) by certified e-mail via the following address: marino@legalmail.it

b.5) by means of a call center service, available to all customers, which operates from Monday to Sunday. Contact details, which are always up-to-date, can be found on the Home Page of the www.marinobus.it

1. c) by filling in the appropriate complaint form, which can also be printed, available in the Support Area under 'Forms' on the www.marinobus.it website in Italian and English.

This is without prejudice to the possibility for the user to submit the complaint without using the predefined form: in this case, the Company will examine complaints that contain at least the following elements:

1. the identification details of the user (name, surname, address) and of the representative (if any), attaching in this case the proxy and an identity document of the user;
2. the identification references of the journey made or planned (date, time of departure, origin and destination) and the transport contract (reservation code or ticket number) or a copy of the ticket;
3. a description of the detected inconsistency of the service in relation to one or more requirements defined by European or national legislation, the general conditions of transport or, where applicable, the service charter

The grounds for filing a complaint under EU and national legislation on passenger rights relate to:

►        For regular scheduled services of a distance of 250 km or more:

❑ Discrimination in booking/issuing tickets on the basis of nationality
❑ Refusal to allow disabled persons or persons with reduced mobility to book/issue tickets/board or request additional costs
❑ Problems accessing the bus station or bus for disabled persons or persons with reduced mobility
❑ Failure to assist a disabled person or person with reduced mobility
❑ Loss of or damage to equipment for disabled persons or persons with reduced mobility
❑ Refusal to allow a disabled person or person with reduced mobility to travel with an accompanying person
❑ Compensation in the event of an accident (death, injury, damage to luggage)
❑ Lack of assistance for immediate practical needs in the event of an accident
❑ Lack of information on cancellation or delayed departure (only if longer than 3 hours)
❑ Lack of assistance (food, drink) for cancellation or delay at departure of more than 90 minutes
❑ Non-assistance (overnight stay) in the event of cancellation or delay in departure of more than 90' (only if longer than 3 hours)
❑ Lack of alternative transport under similar conditions in the event of cancellation or delay in departure of more than 120 minutes
❑ Lack of ticket reimbursement in the event of cancellation or delay in departure of more than 120 minutes
❑ Lack of ticket reimbursement in the event of cancellation or delay in departure of more than 120 minutes
❑ Lack of alternative transport under similar conditions or ticket reimbursement in the event of overbooking
❑ Failure to continue the service in the event of an inoperable bus during the journey
❑ Lack of adequate information throughout the journey
❑ Lack of information on passenger rights
❑ Lack of complaint handling system
❑ Lack of definitive response to the complaint within 3 months
❑ Difficulties in filing a complaint
❑ Misconduct of the driver or other MarinoBus personnel
❑ Presence of inadequate hygienic conditions on board
❑ Presence of apparent damage to transported property duly reported to the driver upon return
❑ Lack of assistance following an event that made the bus unusable during the journey
❑ Loss of regularly checked luggage in the bus hold
❑ Issues related to the issuance of a ticket
❑ Problems related to the payment of a ticket (errors when purchasing by credit card, Paypal or other payment methods accepted by the carrier)

►        For regular scheduled services where the scheduled distance is less than 250 km:

❑ Discrimination in booking/issuing tickets on the basis of nationality
❑ Refusal to allow disabled persons or persons with reduced mobility to book/issue tickets/board or request additional costs
❑ Problems accessing the bus station or bus for disabled persons or persons with reduced mobility
❑ Failure to assist a disabled person or person with reduced mobility
❑ Loss of or damage to equipment for disabled persons or persons with reduced mobility

❑ Refusal to allow a disabled person or person with reduced mobility to travel with an accompanying person

❑ Compensation in the event of an accident (death, injury, damage to luggage)
❑ Lack of assistance for immediate practical needs in the event of an accident
❑ Lack of information on cancellation or delayed departure (only if longer than 3 hours)
❑ Lack of assistance (food, drink) for cancellation or delay at departure of more than 90 minutes
❑ Non-assistance (overnight stay) in the event of cancellation or delay in departure of more than 90' (only if longer than 3 hours)
❑ Lack of alternative transport under similar conditions in the event of cancellation or delay in departure of more than 120 minutes
❑ Lack of ticket reimbursement in the event of cancellation or delay in departure of more than 120 minutes
❑ Lack of ticket reimbursement in the event of cancellation or delay in departure of more than 120 minutes
❑ Lack of alternative transport under similar conditions or ticket reimbursement in the event of overbooking
❑ Failure to continue the service in the event of an inoperable bus during the journey
❑ Lack of adequate information throughout the journey
❑ Lack of information on passenger rights
❑ Lack of complaint handling system
❑ Lack of definitive response to the complaint within 3 months
❑ Difficulties in filing a complaint
❑ Misconduct of the driver or other MarinoBus personnel
❑ Presence of inadequate hygienic conditions on board
❑ Presence of apparent damage to transported property duly reported to the driver upon return
❑ Lack of assistance following an event that made the bus unusable during the journey
❑ Loss of regularly checked luggage in the bus hold
❑ Issues related to the issuance of a ticket
❑ Problems related to the payment of a ticket (errors when purchasing by credit card, Paypal or other payment methods accepted by the carrier)

Passengers may submit a complaint to the carrier within three months from the date on which the regular service was performed or should have been performed. Within one month of receiving the complaint, the carrier shall notify the passenger that the complaint has been upheld, rejected or is still under consideration. The carrier must provide a final reply within three months of receipt of the complaint.

The aforementioned terms do not apply to matters relating to compensation for death, personal injury or damage and loss of luggage in the event of accidents.

The complaint, in the manner and with the elements indicated above, may be forwarded to the Company exclusively by the passenger in possession of a regular ticket and/or the representative, if any, and forwarded to the Company in compliance with the deadlines set out in Article 27 of Regulation (EU) No. 181/2011. In particular, the complaint must be made within three months from the date on which the regular scheduled service was provided or should have been provided.

Within one month of receipt of the complaint, the Company will notify the passenger of its reasoned and final response as to whether the complaint has been upheld, rejected or is still under consideration. Within a maximum of three months from receipt of the complaint, the Company will provide the passenger with a final response.

For the purposes of the above-mentioned terms:

1. If the complaint is submitted by e-mail or via a website, the complaint shall be deemed to have been transmitted and received on the day it is sent;
2. if the complaint is submitted by registered mail or certified e-mail, the complaint shall be deemed to have been sent on the day it is sent and shall be deemed to have been received on the day it is delivered to the Company;

c1) if the complaint is submitted by ordinary mail, the complaint shall be deemed to have been transmitted on the day it is sent and shall be deemed to have been received on the day it is registered by the Company in its systems, which must be done promptly and in any case within five days of delivery;

c2) hand-delivery of the complaint at the company offices, the complaint shall be deemed to have been transmitted and received on the day of delivery, which must be indicated on the receipt;

c3) delivery of the complaint to a ticket office, travel agent or ticket vendor, the complaint shall be deemed to have been delivered on the day of delivery, which must be indicated on a receipt, and shall be deemed to have been received by the Company on the day it is registered in its systems, which must be done promptly and in any event within five days of receipt.

c4) in caso di presentazione del reclamo mediante canale telefonico, il reclamo si intende trasmesso nel momento in cui è pervenuto il contatto telefonico.

This is without prejudice, however, to the passenger's right to

- to use out-of-court dispute resolution procedures

- to use the ConciliaWeb platform, ART conciliation service, by consulting the link https://www.autorita-trasporti.it/servizio-conciliazioni-art/

- to use the European Online Dispute Resolution (ODR) platform made available by the European Commission for the protection of consumers who have used e-commerce services (link https://ec.europa.eu/consumers/odr/main/?event=main.home2.show )

- to submit a complaint to the Transport Regulation Authority in the manner described in section 11.4 below

In the event that the above deadlines are not met, the right accrues to receive automatic compensation commensurate with the price of the ticket in an amount not less than

a) 20% in the case of a reply given between the ninety-first and the one hundred and twentieth day after receipt of the complaint;
b) 30% in the case of a reply not provided within the 120th day after receipt of the complaint.

It should be noted that such compensation is not due in cases where the amount of the claim is less than EUR 4, the claim is not forwarded by the passenger in the manner, minimum elements for processing and timeframe provided, or the passenger has already been paid compensation for a claim concerning the same journey.

Complaint in second instance to the Transport Regulatory Authority

The passenger, after having submitted a complaint to the company in the first instance, and after ninety days have elapsed since its submission, may submit a complaint to the national body responsible for enforcing the regulations on travellers' rights regarding alleged violations of the latter. For scheduled services with local jurisdiction (regional, municipal), complaints may also be forwarded to the local offices of the Authority, which will act as a liaison with the national office.

The national body for the enforcement of the Passenger Rights Regulation is the Transport Regulation Authority, which can be contacted as follows:

Autorità di Regolazione dei Trasporti Via Nizza 230, 10126 Torino, contact: +390111912550

to which the complaint may be submitted by completing the appropriate form available in the Customer Area of the website ww.marinobus.it, by registered mail or at the following e-mail addresses

PEC: pec@pec.autorita-trasporti.it Email: reclami.bus@autorita-trasporti.it

In addition, it is possible to submit complaints to ART directly online in the dedicated section. For information, please consult the institutional website www.autorita-trasporti.it.