MTR EXPRESS (SWEDEN) AB

General Terms and Conditions for the Carriage of Passengers by Rail


INTRODUCTORY PROVISIONS

1. MTR Express (Sweden) AB’s and the passenger’s mutual rights and obligations are principally governed by the provisions of:

  • REGULATION (EC) No 1371/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2007 on rail passengers’ rights and obligations, as well as:
  • The Rail Traffic Act and other regulations.


Further provisions of relevance for international rail passengers can be found in:

  • the Act on International Rail Traffic; and
  • the Convention concerning International Carriage by Rail (COTIF) – Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV).


2. These General Terms and Conditions also apply to all transport agreements concerning the carriage of passengers by rail entered into with MTR Express (Sweden) AB. The General Terms and Conditions also apply in the event that MTR Express (Sweden) AB uses another means of transport, rather than train, to carry out the agreed carriage.

In cases where the General Terms and Conditions differ from mandatory provisions in law or other enactment, they shall have no effect on the passenger.

For international rail passengers, the General Conditions of Carriage for Rail Passengers (GCC-CIV/PRR), adopted by the International Rail Transport Committee (CIT), also apply.

3. MTR Express (Sweden) AB is one of the transport companies involved in the so-called Resplus collaboration (a “Resplus company”).

A Resplus trip (“Resplus trip”) is a journey by train, bus or other means of travel with a Resplus company, combined with such travel with one or more other Resplus companies, provided a non-season (standard) ticket has been issued for the combined trip identified as Resplus. One such ticket, a so-called Resplus ticket, applies for one Resplus trip.

A combined trip, undertaken on the basis of a seasonal travel document (e.g. an annual season ticket) which has been identified as Resplus, is also a Resplus trip if it is carried out in a single and immediate context with reasonable connection times1 . One such travel document, a Resplus ticket, is valid for multiple Resplus trips.

Clauses 17 - 19 of these General Terms and Conditions contain the terms and conditions of travel for Resplus trips. The Terms and Conditions of Travel for Resplus trips are common to the transport companies involved in the Resplus collaboration and govern MTR Express (Sweden) AB’s liability for late running trains and other service disruptions in connection with Resplus trips (issues related to the Arrival Guarantee).

1 Reasonable connection times follow from Samtrafiken’s timetables published on www.samtrafiken.se. Reasonable connection times can also be found by searching a trip on www.resrobot.se

MTR Express (Sweden) AB’s liability under the Terms and Conditions of Travel for Resplus trips is broadly similar to MTR Express (Sweden) AB’s liability under these General Terms and Conditions for late running trains and other service disruptions for travel which are not Resplus trips

4. However, the General Terms and Conditions do not apply to carriage consisting of travel on another railway undertaking’s/carrier’s train and/or carriage by road or other means of transport, if MTR Express (Sweden) AB, as displayed on the ticket for the journey, has only sold the trip as a distributor on the named carrier’s behalf. For such trips, the terms and conditions of carriage of the carrier concerned apply.

5. MTR Express (Sweden) AB is liable for any sub-contractors which MTR Express (Sweden) AB engages to fulfil its customer commitments. The operator of the rail infrastructure on which the transport is carried out shall be considered as such a sub-contractor.

6. The General Terms and Conditions are available on MTR Express (Sweden) AB’s website www.mtr.se.


CARRIAGE OF PASSENGERS

7 Duty of carriage and right of carriage

7.1 MTR Express (Sweden) AB is obliged to transport a passenger who has a valid ticket in accordance with the terms of the ticket. Such a passenger has a right of carriage by the means of transport in question. However, if the ticket does not indicate a departure time and arrival time for the trip, the passenger’s right of carriage by the means of transport in question is only valid provided a space is available.

7.2 A passenger is entitled to assistance if reserved prior to travel in accordance with the general terms and conditions for assistance on MTR Express (Sweden) AB’s website www.mtr.se.

7.3 A passenger who, upon commencing or during the course of his or her trip:

a) appears intoxicated or disturbs the peace or inconveniences other passengers in a manner that cannot be tolerated; or

b) through his or her behaviour jeopardises or is likely to jeopardise the safety of the operation of the means of transport; or

c) does not comply with instructions from on-board staff on duty; or

d) does not have a valid ticket for the trip, or part thereof, and refuses to immediately pay, when this is possible, on the means of transport, the full ticket price, or part thereof, for the trip and, where applicable, the surcharge specified in clause 8.9; or

e) brings luggage or animals not allowed in accordance with clauses 10 and 11,

loses his or her right of carriage and shall leave the means of transport if the on-board staff so decides.

The person who has lost his or her right of carriage and is obliged to leave the means of transport in accordance with clause 7.3(a), (b), or (c), is not entitled to a refund of the ticket price paid for his or her trip or, where the carriage has commenced, the difference between the price of the ticket and the price for the distance already travelled.

The person who has lost his or her right of carriage and is obliged to leave the means of transport in accordance with clause 7.3 (e), is entitled to a refund of the price of the ticket or, where the carriage has commenced, the difference between the price of the ticket and the price for the distance travelled.

For persons travelling on a season ticket, the amount refunded shall be a proportion of the price of the season ticket.


8 Tickets

8.1 Information about MTR Express (Sweden) AB’s different tickets and the obligation to have a valid ticket and identity document, respectively, are set out in MTR Express (Sweden) AB’s from time to time applicable Terms and Conditions of Purchase. These are available on www.mtr.se.

A valid travel document is either a valid (non-season) ticket or a valid season ticket.

8.2 Unless otherwise specified, a non-season ticket shall contain details regarding:

a) the carrier or carriers (MTR Express (Sweden) AB or other railway undertaking) with whom the passenger has entered into a contract of carriage);

b) the ticket’s period of validity;

c) the means of transport and class, where applicable, and seat reservation on the means of transport;

d) the name of places of departure (stations, terminals, stops or other interchanges) and places of arrival;

e) the ticket price for the trip;

f) timetabled departure times and arrival times;

g) any discount categories (e.g. child, young person, student or senior citizen); and

h) the passenger’s name on personal tickets

(a), (b), (c) and (h) above also apply to season tickets

8.3 During his or her trip, the passenger must, while on-board the means of transport or inside the barriers at a station or other interchange operated by MTR Express (Sweden) AB, be in possession of a valid ticket for the trip.

8.4 If the passenger does not have a ticket when he or she begins his or her journey, the passenger must state this upon ticket inspection.

8.5 If the passenger is informed, when purchasing his or her ticket or through information at the interchange or otherwise, that the ticket must be validated in a ticketing machine within or outside the means of travel, the passenger is deemed to lack a valid ticket unless the ticket has been validated.

8.6 Discounts may be available for various passenger categories. The categories for travel on discounted tickets are set out in MTR Express (Sweden) AB’s Terms and Conditions of Purchase.

8.7 A ticket issued for an identified passenger is personal and only valid for that passenger. The passenger concerned shall demonstrate his or her right to travel by presenting an acceptable, valid identity document at the request of the on-board staff. The same applies to passengers travelling on discounted tickets. Such a passenger must also be able to demonstrate acceptable proof (e.g. student ID card, so-called certificate of entitlement or Senior Railcard) of his or her right to a discount. Accompanying children travelling with an adult, and unaccompanied children under the age of 16 are exempt from the requirement for ID documents, unless the child needs to prove his or her age in order to travel on a discounted ticket. If the right to travel or discount cannot be proved, the passenger is considered to lack a valid ticket. The provisions of clause 8.9 shall then apply.

8.8 A ticket that has been subject to unauthorised changes is invalid and will, where applicable, be seized by the on-board staff.

8.9 A passenger who does not have a valid ticket must, where possible, purchase a ticket for the price applicable to purchases on the means of transport. In addition, if at the first ticket inspection the passenger states that he or she lacks a ticket, or otherwise attempts to avoid paying the correct ticket price for the trip, the passenger shall pay a surcharge in accordance with the Act on Surcharges in Public Transport.

The surcharge is SEK 800.

A ticket may only be returned for repurchase by the passenger as set out in MTR Express (Sweden) AB’s Terms and Conditions of Purchase or as otherwise set out on the ticket. The provisions in their entirety can be found on MTR Express (Sweden) AB’s website www.mtr.se.

A lost personal ticket will be replaced in accordance with MTR Express (Sweden) AB’s Terms and Conditions of Purchase. The provisions in their entirety can be found on MTR Express (Sweden) AB’s website www.mtr.se. Lost tickets that are not personal will not be replaced.

8.12 A reservation for a numbered seat entitles the passenger to that seat ahead of other passengers who do not have a reservation for the same seat. A ticket without a seat reservation does not entitle the passenger to a seat, unless a seat is available.

8.13 Disabled passengers or passengers with reduced mobility have the same rights as other passengers. Special services are provided to make train journeys accessible to as many passengers as possible. Further information is available on MTR Express (Sweden) AB’s website www.mtr.se.


9 Rules of conduct

9.1 Smoking is not permitted on the train.

9.2 Passengers may not consume their own alcoholic beverages on-board the train. Alcohol purchased on-board must be left on the train when alighting.

9.3 The loudness of conversation, noise from e.g. a radio, CD/DVD player, mobile phone etc. must be kept at a level that does not disturb other passengers. Passengers shall keep quiet between the hours of 22:00 and 07:00 so that other passengers are able to sleep.

9.4 Passengers must not board or alight from a train that is in motion. Passengers are also prohibited from opening carriage doors when the train is in motion. Passengers are only allowed to board or alight from the train when it is standing on a platform.

It is not permitted to enter the track area except where it is clear, e.g. from signage, that the public has access. Track crossings must not be entered when a barrier is coming down, is down or is going up, when an alarm bell is ringing, a stop signal is displayed or when a train is approaching.


10 Luggage

10.1 The passenger may, free of charge, take as hand luggage items that are easy for him/her to carry, of reasonable circumference and, on each means of transport, may be stowed in a designated area or appropriate space.

A guideline for what constitutes hand luggage of reasonable circumference is 1 piece of luggage measuring approximately 800 x 500 x 35 mm and weighing no more than approximately 20 kg. A smaller bag (handbag, laptop etc) is also permitted.

10.2 Anyone wishing to bring other luggage shall, when purchasing their ticket, apply for and be provided with information regarding the current terms, which are available on MTR Express (Sweden) AB’s website www.mtr.se. It is particularly important that disabled passengers seek information on what provisions apply. Information only applies to the relevant trip.

10.3 Pushchairs, wheelchairs (including powered wheelchairs), walking frames and similar aids are permitted if space allows. Pushchairs shall be folded and stowed in a designated area. Mobility scooters are permitted if space allows. A space must be reserved prior to departure in connection with booking the ticket.

Where a passenger wishes to take a wheelchair, walking frame or similar aids on-board the train during their journey, the passenger must ensure, prior to booking a ticket, that the wheelchair etc. is of a length, width and weight that may be taken on-board and used in the train. This also applies to mobility scooters.

The following restrictions apply on-board trains. Width: 800 mm, length: 1200 mm, weight: 350 kg. The applicable ground clearance must be a minimum of 50 mm.

10.4 Bicycles (including electric bicycles), electric scooters, electric mopeds and similar vehicles cannot be brought on-board.

10.5 It is also not permitted to bring the following types of luggage onboard:

a) hazardous goods such as explosives and flammable materials and liquids or toxic, infectious or corrosive substances;

b) weapons, unless the barrel, or another essential component of the weapon has been removed and is kept separate from the rest of the weapon, which must be stored in a case; and

c) articles and liquids that may cause inconvenience or pose risk of injury to fellow passengers or MTR Express (Sweden) AB.

10.6 Passengers are responsible for their own luggage. This also applies when the luggage is placed in such a way that the passenger cannot keep it under direct supervision.

10.7 MTR Express (Sweden) AB will take lost property into safekeeping. Lost property not claimed within three months of the date of discovery will be given away or discarded. A fee is charged for handling and shipping lost property. Further information is available on MTR Express (Sweden) AB’s website www.mtr.se.


11. Pets

11.1 Guide dogs and service dogs for the personal assistance of passengers with disabilities may always be brought free of charge. There is no need to reserve a space for them. A guide dog or service dog may be placed on the floor next to the passenger.

11.2 Anyone wishing to bring other pets on-board shall, when purchasing their ticket, apply for and be provided with information regarding the current terms, which are available on MTR Express (Sweden) AB’s website www.mtr.se. Information only applies to the relevant trip.

11.3 Where pets are allowed, a place must be reserved prior to travel when booking the ticket. Where pets are allowed, one larger dog or two smaller dogs or other pets may be brought on-board and kept in the designated space (compartment etc.). Smaller pets may be placed in the designated area in cages or bags, on a protective mat, on a seat which, if possible, has been reserved. Other pets shall be placed on the floor

11.4 Livestock and non-domestic animals are not allowed to be brought onboard. MTR Express (Sweden) AB decides what shall be considered as a pet according to these General Terms and Conditions.

11.5 MTR Express (Sweden) AB is entitled to charge a special fee for pets to be brought on-board. However, this does not apply to guide dogs or service dogs, which may be brought free of charge.


MTR EXPRESS (SWEDEN) AB’s LIABILITY

12. Liability for personal injury and damage to property

12.1 MTR Express (Sweden) AB is liable when a passenger is injured or killed (personal injury) and when the passenger’s luggage, pet or other personal belongings are damaged or lost (damage to property) as stipulated by law. The same applies to compensation for the damage or injury.

12.2 As a main rule, MTR Express (Sweden) AB is strictly liable, under current legislation, for personal injury suffered by a passenger as a result of railway operations while on, boarding or alighting from a railway vehicle. The same applies to damage to property arising in connection with the personal injury.

12.3 If damage to property arises without connection to personal injury, MTR Express (Sweden) AB is only liable for the damage if MTR Express (Sweden) AB caused the damage through negligence.

12.4 The liability for damage to property is limited to half of the price base amount (SWE: prisbasbelopp) pursuant to Chapter 2 Section 7 of the Swedish Social Insurance Act, unless MTR Express (Sweden) AB has caused the damage through intent or gross negligence.

12.5 If the passenger wishes to claim compensation for personal injury or damage to property, he or she should already report the injury or damage to the on-board staff where possible. Claims for compensation shall be made in accordance with clause 21.

12.6 If a passenger is killed or injured, MTR Express (Sweden) AB shall, without delay, and in any event not later than fifteen days after establishing the identity of the person entitled to compensation, make such advance payments as may be required to meet the immediate economic needs of the injured passenger or his or her next-of-kin, on a basis proportional to the damage suffered. In the event of death, the advance payment shall not be less than EUR 21,000 per passenger.

An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid but is not returnable except where the damage was caused by the negligence or fault of the passenger or where the person who received the advance payment was not the person entitled to compensation.


MTR EXPRESS (SWEDEN) AB’s LIABILITY FOR LATE RUNNING TRAINS AND OTHER SERVICE DISRUPTIONS (NOT RESPLUS TRIPS)

13 Assistance and damages in the event of service disruptions

13.1. MTR Express (Sweden) AB is liable to the passenger for late running of a train, absent connections, cancellations or other service disruptions in accordance with the provisions of this clause 13.

Late running means that arrival at the passenger’s final destination takes place at a later time than stated in the transport agreement or, if the arrival time is not specified there, the published timetable.

13.2 MTR Express (Sweden) AB shall be released from this liability when the service disruption can be attributed to a fault or negligence on the part the passenger, such as when the passenger misses the departure time of the means of transport, boards the wrong means of transport or part thereof, or does not alight from the means of transport at his or her place of connection or final destination. However, if the passenger is able to show that his or her action was caused by incorrect information fro MTR Express (Sweden) AB delivering the service, its personnel, timetable or signage, or incorrect information on the ticket itself, the passenger has the same right to assistance and compensation as he or she has under this clause 13.

13.3 Assistance means, as further described below, that MTR Express (Sweden) AB shall take reasonable care of the passenger during the trip and ensure that the passenger, if he or she so wishes, as soon as possible reaches the final destination for his or her journey with MTR Express (Sweden) AB and, as further described below, provide, where appropriate, the passenger with compensation for reasonable costs for food and drink as well as for accommodation, and necessary costs of providing persons waiting for the passenger with information (damages).

Damages are not paid for loss of value, such as loss of income or other financial values, or for non-pecuniary or consequential damage.

13.4 Assistance shall be provided as follows,

a) Information: In the event of delayed or cancelled travel, MTR Express (Sweden) AB shall provide the passenger with information regarding the expected departure and arrival times as soon as such information is available.

Cash compensation can be granted as follows: Where the delay from the station of departure or to the station of arrival is 60 minutes or more, passengers shall be reimbursed for the costs of necessary telecoms messages to inform persons waiting for the passenger.

Compensation is provided even if the passenger, as a result of the delay, completely cancels his or her trip.

b) Alternative carriage e to the final destination when travelling with MTR Express (Sweden) AB: In the event the passenger cannot commence or complete his or her journey, or if the journey to the final destination will be delayed by more than 60 minutes and the passenger chooses not to cancel the journey, MTR Express (Sweden) AB shall, as soon as possible, organise alternative carriage for the passenger. Such carriage may also take place by means of transport that do not belong to MTR Express (Sweden) AB.

There is no obligation to arrange alternative carriage by taxi.

If alternative carriage cannot be arranged and carried out within a reasonable period of time, MTR Express (Sweden) AB shall offer the passenger free travel, combined in the same way as the original journey, as soon as possible on the same day or on a later day of the passenger’s choosing.

The passenger is not entitled to compensation for costs of alternative travel arranged by the passenger himself/herself.

c) Food, drink, accommodation etc.: Where the delay from the first station of departure or to the final station of arrival is more than 60 minutes MTR Express (Sweden) AB shall offer the passenger food and drink to an extent that is reasonable considering the length of the delay, if it is available on the means of transport or conveniently obtainable at the interchange. The same shall apply to accommodation and, if necessary, transport to the place of accommodation, if the passenger, as a result of the delay, misses the last timetabled connection of the day to the passenger’s final destination, unless MTR Express (Sweden) AB offers replacement travel on equivalent terms.

Food and drink, or accommodation, are not offered if the passenger cancels his or her trip. However, this shall be offered on the terms above if the passenger is on a return journey after the original journey has been declared meaningless (of no use) as stated in clause 14.3 (b).

Cash compensation can be granted as follows: Where the delay from the station of departure or to the station of arrival is more than 60 minutes, passengers shall be reimbursed, against presentation of receipts or similar, for reasonable additional costs for food and drink, as well as for reasonable additional expenses for accommodation and, if necessary, for transport to the place of accommodation.

If the passenger is offered food and accommodation, as well as transportation, free of charge, compensation will not be paid for the corresponding costs

Additional expenses for food and accommodation, as well as transportation, will not be refunded if the passenger cancels his or her ticketed travel. However, such expenses will be refunded on the terms above if the passenger is on a return journey after the original journey has been declared meaningless (of no use) as stated in clause 14.3 (b).

d) Disabled passengers: MTR Express (Sweden) AB shall, in particular, ensure that disabled passengers, in the event of a service disruption, are provided assistance to board a departing means of transport, change to a connecting means of transport, or alight from an arriving means of transport.


14. Refunded tickets in the event of a service disruption and the passenger’s right to rebook

14.1 MTR Express (Sweden) AB is liable to the passenger for refunding the ticket price (price deduction) for late running of a train, missed connections or other service disruptions, as well as for a quality defects, in accordance with the provisions of this clause 14.

MTR Express (Sweden) AB shall be released from this liability when the service disruption was known to the passenger through information received before purchasing his or her ticket, or if the passenger, despite the service disruption or after rebooking, arrives at the final destination station on time or with a delay of 60 minutes or less.

14.3 Refunds and rebooking shall be allowed on the following terms:

a) Lack of assistance: Where MTR Express (Sweden) AB has not been able to offer alternative carriage, via a scheduled or other replacement service, in accordance with clause 13.4 (b) (Alternative Carriage).

b) In the event of cancelled travel and/or when the journey has become meaningless (of no use): If it is reasonably likely that the arrival at the final station of destination will be delayed by 60 minutes or more and the passenger has not chosen to continue the journey in accordance with clause 13.4 (b) above (Alternative Carriage), the passenger is entitled to compensation corresponding to the full ticket price, on the terms and conditions that applied at the time of purchase, for the part or parts of the trip not completed and for the part or parts of the trip already completed, if the journey has become meaningless (of no use) with regard to the passenger’s original travel plan. The passenger shall also receive a free return trip to the first station of departure as soon as possible, if relevant.

If the trip has only partly become meaningless (of no use), a reasonable proportion of the ticket price shall be refunded. In such case, there is no entitlement to a free return journey.

A trip shall be deemed meaningless (of no use) if the passenger has chosen to cancel his or her trip and returned to the place of departure or returned to the place of departure no later than by the first connection 30 minutes after arrival at the original final destination.

The entire ticket price will also be refunded if the trip does not commence, due to the trip becoming meaningless (of no use).

The right to a refund under the preceding paragraphs in this point (a) does not apply to holders of valid season tickets.

c) Rebooking: If it is reasonably likely that the arrival at the final station of destination will be delayed by 60 minutes or more and the passenger has not chosen to continue the journey in accordance with clause 13.4 (b) above (Alternative Carriage), the passenger is entitled, instead of a refund, to request rebooking to another train service to the final destination as soon as possible, or on a later date suitable for the passenger, and on equivalent terms and conditions of carriage.

d) Quality defect (public order and hygiene etc.): If the passenger experiences discomfort or inconvenience during the trip as a result of such a lack of service, equipment, public order or hygiene in the means of transport for which MTR Express (Sweden) AB is liable, MTR Express (Sweden) AB shall refund a reasonable proportion of the ticket price. Compensation is not paid for discomfort or inconvenience which passengers cause each other.


15. Travel-time guarantee

15.1 If a passenger, when travelling on an MTR Express (Sweden) AB train, suffers a delay between the station of departure and station of destination indicated on the ticket, for which the ticket price has not been reimbursed in accordance with clause 14 above, the passenger has the right to compensation from MTR Express (Sweden) AB as set out below, without thereby waiving his or her right to carriage.

15.2 A passenger with a non-season ticket, is always entitled to request and receive cash compensation for the delay as follows:

1. 25 percent of the ticket price for a delay of 60 - 119 minutes.

2. 50 percent of the ticket price for a delay of 120 minutes or more.

15.3 Passengers who hold a season ticket or travel pass and who have been subject to recurrent delays or cancellations during its period of validity may request compensation in accordance with the following compensation arrangements:

1. PLUS ticket (annual/monthly season ticket): SEK 115 for a delay of 60 - 119 minutes and SEK 230 for a delay of 120 minutes or more.

2. FLEX ticket (annual/monthly season ticket): SEK 105 for a delay of 60 - 119 minutes and SEK 210 for a delay of 120 minutes or more.


16. Payment of compensation

16.1 Compensation shall be paid in cash to the passenger within one month from the date on which MTR Express (Sweden) AB received the passenger’s request for compensation.

16.2 When compensation is payable to the passenger under the Terms and Conditions of Travel in the form of a refund of the ticket price, such compensation shall be calculated on the trip as a whole. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps

16.3 The minimum amount for payment of compensation is the amount in SEK, which at the time of payment, corresponds to EUR 4, rounded up to MTREXPRESS(SWEDEN)AB’sGeneralTermsandConditionsfortheCarriageofPassengersbyRail, effectivefrom11/05/2017. the nearest SEK 10. Compensation will not be paid for any amounts lower than this figure.


MTR EXPRESS (SWEDEN) AB’s LIABILITY FOR LATE RUNNING TRAINS AND OTHER SERVICE DISRUPTIONS (RESPLUS TRIPS)

For Resplus trips, the Resplus company delivering the service – i.e. the Resplus company on whose section a delay, absent connection, cancellation or other service disruption occurs – is liable to the passenger for the service disruption as further described in clauses 17 - 19 below.

In addition to its liability for Resplus trips, MTR Express (Sweden) AB is liable for service disruptions on its own sections as further described in clauses 13 - 16 above.


17. Arrival Guarantee

17.1 The Arrival Guarantee means that the Resplus company delivering the service shall take care of the passenger during the trip and ensure that the passenger, if he or she so wishes, reaches the final destination of his or her Resplus journey as soon as possible.

The Arrival Guarantee means that the Resplus company delivering the service is liable for offering the following:

a) Suggesting and arranging alternatives: if the passenger is unable to commence or complete his or her journey, or if the journey to the final destination of the Resplus trip is delayed by more than 60 minutes, the passenger may choose one of the following alternatives:

1. Continue the Resplus journey or rebook the trip to the final destination as soon as possible and on equivalent terms (Alternative Carriage)

2. Not commence or cancel the Resplus journey and receive a refund according to clause 18.

If the passenger chooses to continue his or her journey, the Resplus company delivering the service shall arrange Alternative Carriage for the passenger as soon as possible. There is no general obligation to arrange Alternative Carriage by taxi. If Alternative Carriage cannot be arranged and carried out within a reasonable period of time, the Resplus company delivering the service shall offer the passenger free travel, combined in the same way as the original journey, as soon as possible on the same day or on a later day of the passenger’s choosing.

b) Accommodation: If the passenger chooses to continue his or her journey, the Resplus company delivering the service shall, if the passenger, as a result of the delay, misses the last timetabled connection of the day to the passenger’s final destination, offer the passenger accommodation and, if necessary, transport to the place of accommodation. If the Resplus company is unable to offer accommodation or transport, the passenger is entitled, against presentation of receipts, to reasonable compensation. Accommodation is not offered, or compensated for, if the passenger chooses to cancel his or her Resplus trip.

17.2. The Arrival Guarantee applies in the event of service disruptions. Service disruption means late running of a train, absent connections, cancellations or other service disruptions.

17.3 Late running means that arrival at the Resplus passenger’s final destination takes place at a later time than stated in the transport agreement or, if the arrival time is not specified there, the published timetable.

17.4 The Arrival Guarantee does not apply when the service disruption is due to a fault or negligence on the part of the passenger, such as when the passenger misses the departure time of the means of transport, boards the wrong means of transport, or does not alight from the means of transport at his or her place of connection or final destination.

17.5 The Resplus company delivering the service is liable for complying with the Arrival Guarantee. If the passenger chooses to contact the Resplus company delivering the service, the passenger shall primarily contact the on-board staff etc. at the Resplus company in question. If the on-board staff are not available, the passenger shall contact the Resplus company delivering the service for assistance.


18. Refund of ticket price in connection with an Arrival Guarantee

18.1 The refund obligation may apply to all or part of the ticket price for the Resplus trip. For persons travelling on season tickets, the amount refunded shall be a proportion of the price of the season ticket. Refunds shall be allowed on the following terms:

a) The Resplus trip could not be completed: The Resplus company has not been able to offer a replacement connection (Alternative Carriage) on a scheduled or other replacement service in accordance with the terms and conditions of the Arrival Guarantee. In this case, the full ticket price for the Resplus trip shall be refunded.

b) The Resplus trip is cancelled or becomes meaningless: If the passenger chooses not to continue his or her Resplus trip pursuant to clause 17.1 (a) above, the Resplus company delivering the service shall refund the passenger an amount corresponding to the full ticket price, on the terms and conditions that applied at the time of purchase, for the part or parts of the Resplus trip not completed and for the part or parts of the trip already completed, if the journey has become meaningless with regard to the passenger’s original reason for the trip. The passenger shall also receive free return travel to the first station of departure for the Resplus trip as soon as possible, if relevant.

A Resplus trip shall be deemed meaningless if the passenger has chosen to cancel his or her trip and returned to the place of dfeparture for the Resplus trip, or returned to the place of departure no later than by the first connection 30 minutes after arrival at the original final destination for the Resplus trip.

18.2 If the service disruption was known to the passenger through information received before purchasing his or her ticket, the Resplus Company shall be released from its liability to pay a refund, unless otherwise follows from the Act (2015:953) on the Rights of Passengers on Public Transportation. The same applies if the passenger, despite the service disruption or after rebooking reached his or her final destination within 60 minutes of the scheduled arrival time.

18.3 When refunding all or part of the ticket price, the payment shall be calculated on the basis of the Resplus trip as a whole. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps.


19. Claims

19.1 Information on how and where passengers can claim compensation from the Resplus company delivering the service are provided by such company’s contact person, customer services or similar function, its manned points of sale or any of its on-board staff. Information is also available on Samtrafiken’s website (www.samtrafiken.se).

19.2 If a passenger wishes to claim compensation under the Terms and Conditions of Travel for a service disruption, he or she may do so with any of the Resplus companies delivering the service. However, the claim should primarily be made after the trip has been completed to the Resplus company on whose section the service disruption occurred.

19.3 Claims should be made no later than three months from the date the claim arose, to the Resplus company’s customer services or via its website, or otherwise in writing.

19.4 The Resplus company receiving the claim may forward a claim regarding service disruption to another Resplus company for consideration and settlement. The passenger shall be informed accordingly

19.5 Clause 21 contains provisions on claims and claiming compensation from MTR Express (Sweden) AB. These provisions apply, mutatis mutandis, to claims relating to Resplus trips.

19.6 In the event MTR Express (Sweden) AB chooses to compensate the passenger for claims relating to service disruptions on a section that another Resplus company is liable for, MTR Express (Sweden) AB is entitled to recover its costs from the other Resplus company


THE PASSENGER’S OBLIGATIONS

20. Damage caused by the passenger and his or her luggage or pet

20.1 The passenger is liable for any damage and costs that he or she causes MTR Express (Sweden) AB or other passengers by disturbing the peace or endangering the safety of the operation of the means of transport or otherwise by causing damage.

20.2 The passenger is liable for any luggage or pets that he or she brings with him or her and for any damage caused by luggage or animals. This liability also applies where the item in question is stowed in such a way that the passenger cannot keep it under direct supervision.


COMPENSATION

21. Claims for compensation against MTR EXPRESS (SWEDEN) AB

21.1 Information on how and where passengers can claim compensation from MTR Express (Sweden) AB is provided or conveyed by MTR Express (Sweden) AB’s on-board staff. Information is also available on MTR Express (Sweden) AB’s website www.mtr.se.

Claims should be made no later than three months from the date the claim arose.

21.2 Assistance under clause 13.4: If a passenger wishes to make a claim regarding circumstances that give the passenger a right to compensation or assistance under these General Terms and Conditions, he or she should primarily refer to the on-board staff. The on-board staff shall, at the passenger’s request, certify on the ticket (if the passenger has printed out the ticket), or in another written document, that the train was delayed, that the delay resulted in a missed connection or that the connection was cancelled.

If the on-board staff are not available or where the on-board staff are unable to decide on compensation, the passenger can direct his or her claim to MTR Express (Sweden) AB. This is preferably done via www.mtr.se.

A passenger who alleges that an agreement regarding compensation has been entered into between the passenger and the on-board staff, or staff at a manned point of sale, which goes beyond the terms stipulated in these Terms and Conditions of Travel must be able to substantiate this allegation by such agreement being noted on the ticket (in the event the passenger has printed out the ticket) or on another written document.

21.3 Refunds and rebooking (see clause 14): If a passenger wishes to claim compensation for service disruption or quality defects under these General Terms and Conditions, such claims shall be submitted to MTR Express (Sweden) AB after the journey has been completed.

A passenger who alleges that an agreement regarding compensation has been entered into between the passenger and the on-board staff, or staff at a manned point of sale, which goes beyond the terms stipulated in these Terms and Conditions of Travel must be able to substantiate this allegation by such agreement being noted on the ticket (in the event the passenger has printed out the ticket) or on another written document.

21.4 Personal injury and damage to property (see clause 12): If a passenger wishes to claim compensation for personal injury or damage to property under these General Terms and Conditions, he or she shall direct the claim to MTR Express (Sweden) AB.

21.5 The passenger loses his or her right to compensation for service disruptions and personal injury or damage to property if he or she does not bring an action within the periods of limitation specified in law. By law, the period of limitation for compensation for service disruption is one year and for personal injury and damage to property three years


PERSONAL DATA

22. Processing of personal data

22.1 MTR Express (Sweden) AB is the data controller for the processing of the passenger's personal data. Further details about how we process personal data and passengers’ rights under data protection legislation are available in our privacy policy on www.mtr.se.


COMPLAINTS

23. Making a complaint

23.1 Information on how passengers can make a complaint can be found on MTR Express (Sweden) AB’s website www.mtr.se.

23.2 If, for any reason, you are not satisfied with our final response to your complaint, you may as a private traveler refer your complaint to one of the approved alternative dispute resolution bodies established in the EU member states. The European Commission has set up an alternative dispute resolution platform online that provides easy access to alternative dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

23.3 In other cases, article 24 below regarding dispute resolution will apply.


DISPUTE RESOLUTION AND PERIOD OF LIMITATION

24. Dispute resolution and period of limitation

24.1 Any disputes relating to the interpretation and application of these General Terms and Conditions shall be settled in the general courts.

24.2 As set out in clause 21.5, the passenger loses his or her right to compensation for service disruptions and personal injury or damage to property if he or she does not bring an action within the periods of limitation specified in law. By law, the period of limitation for compensation for service disruption is one year and for personal injury and damage to property three years.

24.3 If the passenger has requested that the National Board for Consumer Disputes (Swedish: Allmänna reklamationsnämnden, ARN) shall try a dispute it has with MTR Express (Sweden) AB concerning a claim for compensation under these General Terms and Conditions or otherwise, and this is done within the period of limitation applicable to the claim, MTR Express (Sweden) AB and the passenger shall await ARN’s decision before initiating proceedings in court. Where a decision by ARN is given after the expiry of the period of limitation for the claim, a party may still initiate proceedings in court within three months of the date of such decision. The other party may only object on the grounds of limitation if the proceedings are initiated after this deadline.


ENTRY INTO FORCE

25. Period of validity of the General Terms and Conditions

25.1 These General Terms and Conditions enter into force on 11 May 2017.


VERSION MANAGEMENT

1. MTR EXPRESS (SWEDEN) AB’s General Terms and Conditions for the Carriage of Passengers by Rail, effective from 15/12/2014

2. MTR EXPRESS (SWEDEN) AB’s General Terms and Conditions for the Carriage of Passengers by Rail, effective from 14/04/2015.

3. MTR EXPRESS (SWEDEN) AB’s General Terms and Conditions for the Carriage of Passengers by Rail, effective from 11/05/2017.

4. MTR EXPRESS (SWEDEN) AB’s General Terms and Conditions for the Carriage of Passengers by Rail, effective from 15/04/2019.

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