MTR Express (Sweden) AB’s General Terms and Conditions
for Carriage by Rail
This document is a translation from the Swedish original. In the event of any discrepancy between the
Swedish version and the translated version, the Swedish version shall prevail.
INTRODUCTORY PROVISIONS
1. The rights and obligations of MTR Express (Sweden) AB and the passenger are primarily
governed:
- in Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23
October 2007 on rail passengers’ rights and obligations (PRR)
- by the Swedish Rail Carriage Act and other Acts
For international carriage there are additional rules:
- the Law on international rail services and
- the Convention concerning International Carriage by Rail (COTIF) – Appendix A concerning
the Contract for International Carriage of Passengers and Luggage by Rail (CIV), and by
other statutory instruments; and
2. For every Transportation Agreement for the carriage of passengers in trains concluded
with the MTR EXPRESS (SWEDEN) AB also apply MTR Express (Sweden) AB´s special
terms and conditions. The General Terms and Conditions shall also apply where MTR
Express (Sweden) AB uses a means of transportation other than trains in order to provide
the agreed carriage.
For international carriage are also the General Conditions of Carriage for Rail Passengers
(GCC-CIV/PRR) applied.
3. The General Terms and Conditions shall also apply to any carriage which consists of travel
on MTR Express (Sweden) AB's trains combined with travel on another train operator/
carrier's trains and/or by travel on road vehicles or other means of transportation if MTR
Express (Sweden) AB, in relation to the passenger, acts as contracting party for the
combined journey and if a ticket has been issued for the combined journey which states that
the General Terms and Conditions are applicable.
A so-called Resplus Trip is an example of such a combined trip between two or more carriers
as referred to in the first paragraph when the combined trip has been issued with a ticket with
the name Resplus.
4. However, the General Terms and Conditions shall not apply to such carriage which
consists of travel with another train operator/carrier's trains and/or with travel on road
vehicles, or other means of transportation, where MTR Express (Sweden) AB, pursuant to
that which appears on the ticket for the journey, has only sold the journey as a distributor on
behalf of the named carrier. The carriage terms and conditions applied by that carrier shall
apply to such travel.
5. MTR Express (Sweden) AB shall be liable for any subcontractors engaged by MTR
Express (Sweden) AB to perform its undertakings to customers. The administrator of the rail
infrastructure on which the transportation is provided shall be deemed such a subcontractor.
6. The General Terms and Conditions are available at MTR Express (Sweden) AB´s
webpage www.mtrexpress.se.
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CARRIAGE OF PASSENGERS
7. Obligation to provide carriage
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7.1 MTR Express (Sweden) AB shall be obligated, in exchange for a valid ticket provide
carriage for passengers by rail which entails travel according to MTR Express (Sweden)
AB's published timetables and changes in the timetables posted by MTR Express (Sweden)
AB or otherwise notified by MTR Express (Sweden) AB. However, if the ticket has no
information on departure and arrival of the journey, the traveler has the right to promotion
only if vacancy exists.
7.2 A passenger has right to assistance when reserved prior to the trip in accordance with the
general conditions for assistance which can be found on the MTR EXPRESS (SWEDEN)
AB's website www.mtrexpress.se.
7.3 A passenger who:
a) appears intoxicated or is disturbing the public order or disturbing other passengers in an
unacceptable manner; or
b) through his behavior jeopardizes or may be feared to jeopardize the security of the rail
operation; or
c) fails to comply with instructions issued by on-duty train staff; or
d) does not have a valid ticket and refuses, on board the train, immediately to pay the ticket
fare and, where applicable, fixed supplemental fee pursuant to section 8.4; or
e) brings hand luggage or pets which may not be taken pursuant to section 10 and 11,
shall be refused carriage and shall leave the train.
7.4 Any person who has been refused carriage pursuant to section 7.3 subsections a), b) or
c), shall not be entitled to a refund of the ticket fare he has paid.
Any person who has been refused carriage pursuant to section 7.3, subsection e) shall be
entitled to a refund of the ticket fare he has paid or, where carriage has commenced, the
difference between the ticket fare and the fare for the distance he has travelled.
For those traveling on a periodic valid ticket the amount to be repaid shall constitute a
proportionate part of the fee for the periodic ticket.
8. Tickets
8.1 For information about MTR EXPRESS (SWEDEN) AB´s various tickets and the obligation
to have a valid ticket and a valid identity document see MTR Express (Sweden) AB Terms
and Conditions of Purchase. These can be found on www.mtrexpress.se.
Valid ticket for the trip is either a non-periodic valid ticket or a periodic valid ticket.
8.2 Unless otherwise determined by MTR Express (Sweden) AB, a non-periodic ticket shall
contain information regarding:
a) the carrier or carriers (MTR Express (Sweden) AB or any other rail company with which
the passenger has entered into an agreement for carriage);
b) the validity of the ticket in time;
c) the validity of the ticket regarding type of train, carriage class and any seat reservation ;
d) the departure station and destination station;
e) the ticket fare;
f) any departure time and arrival time as per timetables;
g) information about discounted ticket (children, youths, students and senior citizens) and;
h) the passenger's name on a personal ticket.
Sections a), b), c) and h) also apply to periodic tickets.
8.3 As long as the passenger is on the train or within the boundaries for ticketholders of a
railway station, for which rail services are operated by MTR Express (Sweden) AB, the
passenger must be able to produce a valid ticket for the journey.
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8.4 The ticket must be presented without request at the first ticket control. In the event the
passenger does not have a ticket at the commencement of the journey, at such a ticket
control the passenger must state that he is without a ticket.
8.5 If the passenger when he bought his ticket or by appropriation of junction or otherwise,
found out that the ticket is to be presented in an automated ticket machine or outside of the
train, the passenger may be deemed to be without a valid ticket where such presentation is
not made.
8.6 Different discounted tickets can be available. For information about MTR EXPRESS
(SWEDEN) AB´s discounts see MTR Express (Sweden) AB Terms and Conditions of
Purchase. These can be found on www.mtrexpress.se.
8.7 A ticket which has been issued to a certain named passenger is personal and is valid
only for that passenger, upon presentation of an MTR Express (Sweden) -approved ID. The
same applies for discounted tickets. Accompanying children need not show any ID
document, except where the child's age must be substantiated. If the passenger is unable to
present a valid ID, the passenger may be deemed to lack a valid ticket.
8.8 A ticket which has been changed without authorization is invalid and shall be confiscated
by train staff.
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8.9 A passenger who is unable to present a valid ticket or otherwise provide evidence of his
right to travel shall be obligated to purchase a ticket at the fare applicable for purchases on
board trains. In addition, the passenger, if he has not stated at the first ticket control that he
does not have ticket or has otherwise attempted to avoid paying the correct ticket fare for the
journey, shall pay a fixed supplemental fee (control fee) pursuant to the Supplemental Fees
in Mass Transportation Act.
The control fee is SEK 800.
8.10 A ticket may not be returned for a refund other than as expressly determined by MTR
Express (Sweden) AB Terms and Conditions of Purchase for certain ticket types or as
otherwise stated on the ticket. The provisions in question are set forth on MTR Express
(Sweden) AB's websitewww.mtrexpress.se.
8.11 Compensation for lost personal tickets is made in accordance with MTR Express
(Sweden) AB Terms and Conditions of Purchase on MTR Express (Sweden) AB's website
www.mtrexpress.se. A lost non personal ticket will not be compensated.
8.12 A seat reservation for a particular numbered seat entitles the holder to such seat in
priority to any person without a reservation for the seat. A ticket without a seat reservation
does not entitle the holder to a seat in the absence of available seats.
8.13 Passengers with disabilities or reduced mobility have the same rights as other
passengers. Special services are provided in order to make the train journey accessible for
as many people as possible. Further information is available on MTR Express (Sweden) AB's
website www.mtrexpress.se.
9 Code of conduct
9.1 Smoking is not allowed on the train.
9.2 It is not allowed to drink alcoholic beverages brought along on the train. Alcohol
purchased on board may not be included when alighting from the train.
9.3 Conversational tone, sound from for example radio, CD / DVD players, mobile phones
etcetera must be kept at a level not disturbing to other travelers. Between the time
22 and 07 it shall be so quiet that other travelers can sleep.
9.4 Traveler must not get on or off a train that is moving. Traveler must not open carriage
doors when the train is in motion. Embarkation and disembarkation may only occur when the
train is at the platform.
It is not allowed to enter the track area for train except in places where it is clear that the
public has access, such as through signs. Track Transition may not be entered when the
booms are folded, are folded or erected, the warning bell rings, stop signal is displayed or
train is approaching.
10. Hand luggage
10.1 The passenger may take, as hand luggage, objects which can easily be carried by the
passenger and which are of a reasonable size and do not cause inconvenience to fellow
passengers. For the storage of such hand luggage, the passenger shall be entitled to utilize
the space above and under his seat or corresponding space intended for hand luggage.
A guideline for what is meant is 1 luggage with dimensions of approximately 80 x 50 x 35 cm,
that weighs no more than about 20 kg. In addition to this a small bag (purse, laptop bag,
etc.).
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10.2 Anyone who wants to bring other baggage must at the ticket purchase or prior to the trip
seek information on current regulations, current regulations are provided on the MTR
EXPRESS (SWEDEN) AB's website www.mtrexpress.se. It is particularly important that
travelers with disabilities make inquiries on current regulations. The information is only valid
for the current journey.
10.3 Baby carriages, wheelchairs or other special equipment which is used by persons with
disabilities or reduced mobility are allowed subject to availability. Reservation of place must
occur before the trip when booking the ticket.
If a wheelchair is to be used as assistance during the journey, prior to booking the ticket the
passenger must ensure that the wheelchair, in light of its length, width and weight, can be
carried on the train.
10.4 Bicycles, electric scooters and similar vehicles are not allowed.
10.5 The following hand luggage may not be taken on board:
a) hazardous goods such as explosives and combustible objects and liquids (with the
exception of oxygen tubes which are carried for medical reasons), as well as poisonous,
infectious and corrosive substances;
b) firearms, unless the bolt or other essential part is removed and stored separately from the
firearm, which must be stored in a case;
d) other objects which may cause inconvenience or discomfort to fellow passengers or MTR
Express (Sweden) AB or which might cause injury;
10.6 The passenger shall be personally liable for his hand luggage. This shall also apply
notwithstanding that the hand luggage is placed in such a manner that the passenger cannot
keep the hand luggage within sight.
10.7 MTR EXPRESS (SWEDEN) AB takes care of lost objects. If no one asked for lost
objects within three months from the time of discovery, the objects are donated or discarded.
There is a charge for handling and shipping of lost property. More information is available on
the MTR EXPRESS (SWEDEN) AB's website www.mtrexpress.se.
11. Pets
11.1 Guide dogs and service dogs for personal assistance for travelers with disabilities are
always included free of charge. Reservation of place does not have to be made prior to the
trip. Guide dogs and service dogs may be placed on the floor next to the traveler.
11.2 Regarding pets the passenger must at the ticket purchase or prior to the trip seek
information on current regulations, current regulations are provided on MTR EXPRESS
(SWEDEN) AB's website www.mtrexpress.se. The information is only valid for the current
journey.
11.3 When pets are allowed booking of a seat must be made before the trip when booking
the ticket. When pets are allowed a bigger dog or a couple of smaller dogs or other pets
taken and placed in specially designated space (compartment, etc.) can be brought. In the
designated area may smaller pets in cages or bags be placed in protective backing on the
seat, if possible, set aside. Other pets should be placed on the floor.
11.4 Other animals than pets are not permitted. MTR EXPRESS (SWEDEN) AB will specify
what constitutes a pet under the Terms & Conditions of Travel. Guide dogs and service dogs
are always carried free of charge.
11.5 MTR EXPRESS (SWEDEN) AB is entitled to charge a surcharge for accompanying
pets. Guide dogs and service dogs are always carried free of charge.
MTR Express (Sweden) AB's Liability
12. Liability for property damage and personal injury
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12.1 MTR EXPRESS (SWEDEN) AB´s liability in conjunction with the death of, or injury to, a
passenger (personal injury) and its liability for passengers' hand luggage and personal
effects (property damage) are governed by the Swedish Rail Carriage Act. The same applies
to compensation for the damage.
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12.2 According to the main rule set forth in the Swedish Rail Carriage Act, MTR EXPRESS
(SWEDEN) AB is strictly liable for personal injury incurred by the passenger as a
consequence of the operation of the railway while he is on a railway vehicle or entering or
exiting a railway vehicle. The foregoing also applies in the event of property damage which
arises in conjunction with personal injury.
12.3 In the event property damage arises without any connection to personal injury, MTR
EXPRESS (SWEDEN) AB shall only be liable for the damage where MTR EXPRESS
(SWEDEN) AB caused such damage (defect or negligence).
12.4 Liability for property damage is limited to one half of the statutory base amount unless
MTR EXPRESS (SWEDEN) AB caused such damage intentionally or through gross
negligence.
12.5 In the event of personal injury and/or property damage or any other circumstance for
which the passenger wishes to seek compensation from MTR Express (Sweden) AB, the
circumstance must, if possible, be reported to on-board train staff. Any claim for
compensation shall be made pursuant to the provisions of section 18.4.
12.6 If a passenger is killed or injured, it is for the MTR EXPRESS (SWEDEN) AB promptly,
and in no case later than 15 days after the eligible person's identity is confirmed, make such
advance payments needed to cover the cost of the affected passenger or his / her family's
immediate needs, in proportion to the damage suffered. In the case of death, the payment
amount shall be at least 21 000 EUR.
An advance payment shall not constitute recognition of liability and may be offset against any
subsequent payments, but it cannot be recovered except in cases where the damage was
caused by the negligence or fault, or when a person other than the eligible person has
received the advance payment.
13. Liability for assistance, etc. in the event of delay, missed connection and
cancellation
13.1 MTR Express (Sweden) AB shall be liable to the passenger for train delays, missed
train connections or train cancellations in accordance with the provisions of this section 13.
At a so called Resplus Trip the company on whose routes delays, missed connections,
cancellations or other service disruptions occur is liable to passengers for such delays,
missed connections, cancellations or other service disruptions. MTR EXPRESS (SWEDEN)
AB is therefore entitled to refer the traveler to forward their claims to the acting Resplus
partnership Company if this is different from the MTR EXPRESS (SWEDEN) AB.
13.2 MTR Express (Sweden) AB is exempt from this liability when the service disruptions can
be attributed to the following causes;
a) circumstances that are unrelated to the operation of the transport mode and that the MTR
Express (Sweden) AB would not have been able to avoid or prevent the consequences of,
even if the company had exercised the necessary diligence required in the circumstances, or
b) fault or negligence on the part of the passenger, for example when a passenger fails to
board a transport mode in time, boards the wrong transport mode or part thereof, or fails to
disembark at a transfer point or final destination. However, if passengers can show that their
actions have been prompted by incorrect information on the part of the MTR Express
(Sweden) AB, its staff, timetables or signage, or incorrect information about the ticket,
passengers will be entitled to receive the assistance and compensation available under
section 15.1 and
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c) the conduct of a third party that the carrying MTR Express (Sweden) AB would not have
been able to avoid or prevent the consequences of, even if the company had exercised the
necessary diligence required in the circumstances.
MTR Express (Sweden) AB is liable, even if the service disruptions can be attributed to the
causes in points a) and c) above, to provide passengers with assistance under section 13.4
below.
13.3 MTR Express (Sweden) AB´s liability in the event of service disruptions includes, in
accordance with the detailed description below, a duty to provide passengers with
assistance, and thereby also, where applicable, to compensate passengers for the
reasonable costs of refreshments and beverages, as well as accommodation, and for the
necessary costs of notifying persons waiting for a passenger’s arrival (damages).
Assistance means that, in accordance with the more detailed description below, the carrying
Resplus partnership company must provide passengers with reasonable care during their
journey and guarantee that passengers, if they so wish, arrive at the final destination as soon
as possible (“Arrival Guarantee”).
Damages for loss of value, such as loss of income or other economic values are not
refundable nor damages for non-pecuniary damage and consequential damage.
13.4 Assistance, according to the”Arrival Guarantee”, must be provided as follows,
a) MTR Express (Sweden) AB must, in the event of a delayed or cancelled service, provide
passengers with information about expected departure and arrival times as soon as this
information becomes available.
Cash compensation can be accorded as follows;
In the event of delays from the departure station or to the destination station of 60 minutes or
more, expenses for necessary telecommunication messages shall be compensated.
Compensation for such expenses is also provided in those cases where the passenger, as a
consequence of the service disruption, elects not to travel by train.
b) Replacement transport (“Arrival Guarantee”)
MTR Express (Sweden) AB must, if a passenger is unable to start or continue a journey, or if
the journey will be delayed by more than 60 minutes to the final destination and a passenger
has decided to continue a journey, arrange replacement transport for the passenger as soon
as possible. Such transport may be arranged in transport modes that do not belong to MTR
Express (Sweden) AB.
There is no duty to arrange alternative transport by taxi.
If alternative transport cannot be arranged and implemented within a reasonable period of
time, the carrying MTR Express (Sweden) AB must offer the passenger a complimentary
journey, combined in the same way as the original journey, as soon as possible on the same
day or on a later date of the passenger's choice.
Passengers are not entitled to compensation for the cost of replacement transport that they
arrange themselves.
c) MTR Express (Sweden) AB must, in the event of a delay of more than 60 minutes from the
first departure location or to the final destination, offer passengers refreshments and
beverages to the extent appropriate in relation to the time of the delay, if they are available
on the transport mode or can be appropriately purchased at a transport facility. The same
must apply for accommodation, and if necessary transfer to the accommodation place, if a
passenger as a result of the delay has missed the final scheduled transfer of the day to the
journey destination, and if the carrying MTR Express (Sweden) AB has not offered a
replacement journey with equivalent terms. Neither refreshments nor beverages, nor
accommodation, will be offered if a passenger cancels a ticketed journey. However, the
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above should be offered if a passenger is travelling on a return journey after the original
journey was rendered meaningless.
Cash compensation can be accorded as follows;
In the event of a delay of more than 60 minutes from the departure location or to the final
destination, passengers will be compensated for reasonable expenses for necessary
telecommunications. Compensation will also be paid if a passenger permanently interrupts a
journey as a result of the delay.
b) in the event of a delay of more than 60 minutes from the departure location or to the final
destination, passengers will be compensated upon submission of receipts for the reasonable
additional cost of refreshments and beverages, as well as for reasonable additional
expenses for accommodation and, if applicable, for transportation to the accommodation
location. If MTR Express (Sweden) AB has offered free refreshments and accommodation,
as well as transportation to the accommodation location, compensation will not be paid for
the same expenses. Additional expenses for refreshments, accommodation and
transportation to the accommodation location will not be reimbursed if a passenger has
cancelled a ticketed journey. However, the above will be offered if a passenger is travelling
on a return journey after the original journey was rendered meaningless.
d) MTR Express (Sweden) AB must especially ensure that passengers with mobility
impairments receive assistance during service disruptions when boarding departing transport
modes, transferring to connecting transport modes and disembarking from arriving transport
modes.
14 Liability for fare refunds due to service disruptions
14.1 MTR Express (Sweden) AB on whose routes delays, missed connections, cancellations
and other service disruptions occur is liable to refund passengers for ticket fares (price
reductions) for such delays, missed connections, cancellations or other service disruptions
as well as for quality defects pursuant with the provisions in this section 14.
At a so-called Resplus Travel every carrying Resplus partnership company on whose routes
delays or quality defects arises are responsible towards the passenger. The passenger
should therefore at Resplus Trips make claims for compensation in the first place against
acting Resplus partnership Company and secondly to the Resplus partnership company who
sold the ticket. MTR Express (SWEDEN) AB is therefore entitled to forward requirements in
terms of traffic disruption or quality defect for handling and settlement to the performing
Resplus partnership Company when this is different from MTR Express (SWEDEN) AB. The
passenger must be informed of the forwarding.
MTR Express (Sweden) AB shall have no liability when the delay, missed connection or
cancellation was known to the passenger, by means of information which he received prior to
his purchase of the ticket or when the passenger, notwithstanding the delay or after
rebooking, arrived at the final destination station on time or subject to a delay not exceeding
60 minutes.
14.3 Rebooking and refunds and re will take place as follows:
a) Incomplete journey
When MTR Express (Sweden) AB has been unable to provide a replacement connection on
a fixed-route or other replacement service in compliance with the provisions in the “Arrival
Guarantee”.
b) Meaningless journey
MTR Express (Sweden) AB must, if the journey to the final destination is delayed by more
than 60 minutes and the passenger has not chosen to continue the journey under section
13.4. b) above, refund the passenger for an amount equivalent to the full fare paid, under the
same terms as during the ticket purchase, for the part or parts of the journey that have not
been completed and for the part or parts already completed if the journey has been rendered
meaningless with regard to the original purpose for the journey. In addition, the passenger
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will receive a free return journey to the original departure location as soon as possible if this
is appropriate. If the journey has only partly been rendered meaningless, a reasonable
proportion of the fare will be refunded. In such cases the passenger are not entitled to a free
return journey.
A journey is considered to have been rendered meaningless if the passenger has decided to
interrupt a journey and return to the departure location. This also applies if the passenger,
upon arriving at the final destination, chooses to return to the departure location with the first
available return journey. If the first available return journey is less than 30 minutes after
arrival, the passenger may choose the second available return journey.
A refund of the full fare will also be paid if the journey has not been started due to it being
rendered meaningless.
A right to a refund pursuant to the preceding paragraph in this subsection a) shall not apply
to a holder of a ticket valid for a specific period of time (fixed period travel pass).
b) Rebooking
If it is reasonably likely that arrival to the final destination station will be delayed by 60
minutes or more, the passenger may instead choose to continue his journey to the
destination station or instead request rebooking to another train connection on similar terms
and conditions, as soon as possible on the same day, or on a later day suitable to the
passenger.
c) Public order and hygiene, etc.
If a passenger is inconvenienced during a journey as a consequence of defective equipment,
deficiencies in public order or deficiencies in hygiene on the train for which MTR Express
(Sweden) AB is responsible, MTR Express (Sweden) AB shall refund a reasonable portion of
the ticket fare.
15. Travel time guarantee
15. If a passenger, in conjunction with travel on MTR Express (Sweden) AB’s train, suffers a
delay between the departure station and the destination station which is stated on the ticket,
for which the ticket price has not been compensated pursuant to subsection a) above, the
passenger, without thereby waiving the right to carriage, shall be entitled to compensation for
the delay from MTR Express (Sweden) AB as set forth below.
15.2 A passenger with a non-periodic ticket, always have the right to request and receive
cash compensation for the delay as follows.
1. 25 percent of the ticket price for 60-119 minutes delay.
2. 50 percent of the ticket delay of 120 minutes or more.
15.3 Passengers who hold a pass or season ticket and who, during its period of validity have
been repeatedly hit by delays or cancellations may request adequate compensation. The
Redemption Amount shall constitute a proportionate part of the fee for the periodic ticket.
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16. Disbursement of compensation
16.1 Compensation is to be paid in cash to the passenger within one month from the date on
MTR Express (Sweden) AB received the passenger's claim for compensation.
16.2 When compensation is to be paid to the passenger in the form of a refund of the ticket
fare pursuant to the General Terms and Conditions, the compensation may not be reduced
by means of deductions for transaction costs at MTR Express (Sweden) AB, e.g. MTR
Express (Sweden) AB fees, telephone costs or postage costs.
16.3 In the event that a journey is purchased within the scope of a corporate agreement with
MTR Express (Sweden) AB, compensation shall be paid to the company pursuant to the
General Terms and Conditions where this has been separately agreed in the corporate
agreement.
16.4 The minimum amount for payment of compensation pursuant to the General Terms and
Conditions shall be equivalent, in Swedish kronor at the time of payment, to 4 Euros. No
compensation less than this amount shall be paid.
THE PASSENGER'S LIABILITY
17. Loss caused by the passenger and his hand luggage or pets
17.1 The passenger shall be liable for the loss and costs which he may cause MTR Express
(Sweden) AB and other passengers by disturbing the public order or jeopardizing security in
the operation of the railway or otherwise.
17.2 The passenger shall be liable for loss caused by his hand luggage or pets. This shall
also be the case when his hand luggage is placed in such a manner that the passenger was
unable to keep his hand luggage in plain view.
COMPLAINTS AND SETTLEMENT OF DISPUTES
18. Claims for compensation from MTR Express (Sweden) AB
18.1 Information regarding how and where a passenger may submit a claim for
compensation by MTR Express (Sweden) AB is provided or conveyed by MTR Express
(SWEDEN) AB on-board train staff. Information is also available on MTR EXPRESS
(SWEDEN) AB's website www.mtrexpress.se.
18.2 In the event a passenger wishes to report a circumstance which entitles him to
compensation or assistance pursuant to these General Terms and Conditions, he should
firstly contact the train staff or the staff at staffed points of sale. Where such staff cannot
make a decision regarding compensation, the passenger should, not later than within three
months, submit his claim to MTR Express (SWEDEN) AB.
At a so-called Resplus Trip can such information be conveyed by non performing Resplus
company. Information is also available at Interconnection (www.samtrafiken.se).
A Resplus Trip is a combined trip between two or more carriers for which the combined trip
has been issued with a ticket with the name Resplus.
18.2 Assistance, according to the Arrival Guarantee (see paragraph 13): Would the
passenger complain circumstance eligible for compensation or assistance under these Terms
and Conditions, he should first turn to the traffic personnel. Traffic staff should at request
from the passenger, certify on the ticket (if the passenger has a written ticket) or other written
document that the rail service has suffered a delay which led to a missed connection or that
the connection has been canceled.
If traffic personnel are not available or where traffic personnel cannot decide on
compensation the passenger can pursue their claims to MTR EXPRESS (SWEDEN) AB.
This is done preferably via www.mtrexpress.se.
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At a so-called Resplus Trip the respective carriers are liable to the traveler on the journey
section delays, missed connections, suspension or other service disruption occurs.
MTR EXPRESS (SWEDEN) AB is therefore entitled to refer the traveler to forward their
claims to the performing Resplus partnership company if this is different from the MTR
EXPRESS (SWEDEN) AB.
Requirements should be made within three months from the date of the requirement (the
receivable) occurred.
A passenger who argue that a settlement for compensation between the passenger and
traffic staff, or staff at staffed sales point has been made, which goes beyond what these
Conditions stipulates, should be able to prove this by the settlement entered on the ticket (in
case the traveler wrote this) , or other written document.
18.3 Refund and rebooking (see paragraph 14): If the traveler wants to make claims for
compensation for service disruption or quality defect under these General Terms, these
should be prepared after the trip to the MTR EXPRESS (SWEDEN) AB.
At a so-called Resplus Travel every carrying Resplus partnership company on whose
routes delays or quality defects arises are responsible towards the passenger. The
passenger should therefore at Resplus Trips make claims for compensation in the
first place against acting Resplus partnership Company and secondly to the Resplus
partnership company who sold the ticket.
MTR Express (SWEDEN) AB is therefore entitled to forward requirements in terms of
traffic disruption or quality defect for consideration and settlement to the performing
Resplus partnership Company when this is different from MTR Express (SWEDEN)
AB. The passenger must be informed of the forwarding.
Requirements should be made within three months from the date of the requirement (the
receivable) occurred.
A passenger who argue that a settlement for compensation between the passenger and
traffic staff, or staff at staffed sales point has been made, which goes beyond what these
conditions stipulate, should be able to prove this by the settlement is recorded on the ticket (if
the passenger has a written ticket) , or other written document.
18.4 Personal injury and property damage (see paragraph 12): If the passenger wants to
make claims for compensation for personal injury and property damage under these Terms
and Conditions should he present them to MTR EXPRESS (SWEDEN) AB.
At a so-called Resplus Trip should the passenger forward their claims primarily to the
Resplus partnership Company on whose transport damage occurred and secondly to the
Resplus partnership Company who sold the trip.
Requirements should be submitted within three months of the event that caused the injury.
MTR EXPRESS (SWEDEN) AB has the right to forward claims to the Resplus partnership
Company, in which journey the injury occurred, for consideration and settlement of claims.
The passenger must be informed of the forwarding.
18.5 The passenger loses his right to compensation for service disruption and for personal
injury and property damage if he does not bring an action within the limitation periods as are
prescribed by law. The limitation period for compensation due to traffic disruption is a year
and for personal injury and property damage three years.
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18.6 Any dispute regarding the interpretation or application of these General Terms and
Conditions shall be adjudicated by a court of general jurisdiction.
18.7 In the event a passenger has requested adjudication of a dispute with MTR Express
(SWEDEN) AB by the Swedish National Board for Consumer Complaints (ARN) regarding a
claim for compensation pursuant to these General Terms and Conditions or otherwise, and
such claim is made within the prescribed period of time for the claim, neither MTR Express
(SWEDEN) AB nor the passenger may bring any legal proceedings until a decision is
rendered by ARN. Where a decision is not issued by ARN until after the claim is barred by
the statute of limitations, either party may nonetheless bring a suit within three months from
the date of a decision. The other party may only invoke the statute of limitations where a suit
is brought after the foregoing deadline.
PERSONAL INFORMATION
19. Processing of personal data
19.1 MTR Express (SWEDEN) AB is as controller of Personal Data responsible for the
treatment of passengers' personal data. For information about the purposes of the
processing visit MTR Express (SWEDEN) AB's website www.mtrexpress.se.
COMPLAINT
20. Make a complaint
20.1 Information on how passengers may complain is available on MTR Express (SWEDEN)
AB's website www.mtrexpress.se.
ENTRY INTO FORCE
21. Regarding the validity period for these General Terms and Conditions
21.1 These General Terms and Conditions shall enter into force on 18 th April 2015.
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