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ART dispute settlement service

“Alternative Dispute Resolution − ADR” refers to the out-of-court procedures for dispute resolution between consumers and businesses, including dispute settlement procedures.

By Decision No 21/2023, the Transport Regulation Authority has adopted the ” Rules governing the initial implementation of out-of-court settlement of disputes between economic entities operating transport networks, infrastructure and services, and users or consumers, pursuant to Article 10 of Law No 118 of 5 August 2022”.

These Rules allow — through the ConciliaWeb platform — to settle disputes concerning rail, sea and inland waterway, bus and coach, and air transport, by asserting the passengers’ claims, including economic claims.

WHEN TO REQUEST A DISPUTE SETTLEMENT TO THE AUTHORITY

Before requesting a dispute settlement, passengers must have submitted the economic operator concerned a complaint or a request for reimbursement or compensation, waiting for its response for at least 30 days.

In the event of no response or unsatisfactory response from the economic operator concerned, the request for dispute settlement shall be filed within one year of the submission of the complaint or the request for reimbursement or compensation to the economic operator.

As an alternative to ART Dispute Settlement Service, it is always possible to address any ADR entity that complies with the requirements of the Consumer Code.

The request for dispute settlement is in any case inadmissible if the dispute can be resolved before another Dispute Settlement Body^*, which must comply with the requirements of the Consumer Code and must not impose charges on users.

* See the list of ADR entities accredited by MISE and ODR Platform ( https://www.mise.gov.it/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/adr-risoluzione-alternativa-controversie and https://www.mise.gov.it/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/odr-risoluzione-dispute-online).

HOW TO REQUEST A DISPUTE SETTLEMENT TO THE AUTHORITY

Users who intend to request a dispute settlement shall log into the ConciliaWeb platform via SPID (Public Digital Identity System) or eID (electronic identity card) or, only for users who are not resident in Italy, through registration.

It is also possible to submit a request for dispute settlement through a delegated natural person or through an accredited entity (consumer associations, representative entities, lawyers), with appropriate delegation.

Users, or their delegate, shall therefore enter – under penalty of inadmissibility – the following data and documents in the platform:

name, surname, and e-mail address;
details of the journey made or intended to be made and copy of the ticket or reservation;
name of the economic operator;
the facts giving rise to the dispute and the user’s claims including, where possible, their economic quantification;
complaint, or request for reimbursement or compensation already submitted to the economic operator, as well as copy of any response received;
any delegation, to be drawn up by using the template available in the Conciliaweb section, as well as an identity document of the delegate.

Once the request has been entered, an electronic file will be generated, with an identification number. From that moment, both Parties will be able to consult the file to obtain updated information on the procedure. Every time a new event occurs, an alert message will inform the parties via email.

HOW THE DISPUTE SETTLEMENT IS CONDUCTED

If a cause of inadmissibility is identified, users receive a communication of dismissal or a request to supplement the missing documents, to be provided no later than 10 days (after which the request will be dismissed).

Before the actual dispute settlement procedure is started, the parties may exchange through the platform – and without the participation of a conciliator – proposals for the settlement of the dispute (direct negotiation):

if the outcome of such negotiation is positive, the platform issues a statement of the agreement reached, signed electronically by the user and the operator concerned, and the request will be dismissed accordingly;
on the other hand, if direct negotiation does not lead to any settlement agreement, the dispute settlement phase is initiated.

The dispute settlement is conducted in simplified form, through non-simultaneous exchange of communications between the Parties and the conciliator:

if the dispute settlement is successful, the conciliator draws up a report – which is an enforceable instrument — whereby it takes note of the agreement concluding the dispute;
on the other hand, if no agreement is reached at the hearing on all or some of the points at issue, the conciliator certifies in a report the negative outcome of the dispute settlement.

CONCILIATORS

ART Dispute Settlement Service identifies the Conciliators within the administrative structure of the Authority or by agreement with public bodies. The Conciliators, who do not decide upon the dispute, but help the parties reach an agreement, operate with impartiality, independence and neutrality and receive specific training in mediation techniques and specific knowledge of the areas regulated by the Authority, in particular with regard to users’ rights and quality of services.

The list of Conciliators of ART Dispute Settlement Service is available in the ConciliaWeb platform.

DISRUPTIONS THAT MAY GIVE RISE TO A REQUEST FOR DISPUTE SETTLEMENT TO THE AUTHORITY

See the list of disruptions for which it is possible to request a dispute settlement through Conciliaweb. If you do not find your item of interest, please visit the ‘Frequently Asked Questions – FAQ’ (in Italian language).

For such disputes, before referring to the court, it is mandatory to make an attempt to settle the dispute.

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