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Conciliation application form - Trenitalia

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ANNEX "B"<br />

APPLICATION FOR MEDIATION<br />

Mediations Office<br />

<strong>Trenitalia</strong> S.p.A. - Consumer Associations<br />

Piazza della Croce Rossa No 1-00161 Rome (Italy)<br />

I, the undersigned …………………………………………..…..…..... born in<br />

……………...…………..……….………….……. county/province/state…............. country .............<br />

on …………............. resident in ………………………….………….….……………..……..…………<br />

(county/province/state) ……....... zip/post code ……..……<br />

in via/piazza/street address……………………………………………………..…………. Tax Code __ __ __ __ __ __<br />

__ __ __ __ __ __ __ __ _<br />

Would like to be contacted at the following address (if different from my residence):<br />

via/piazza/ street address …………………………..... town…………..…………… (county/province/state) ….........<br />

zip/post code ………..... tel…….……………….. fax*.……….……..… email*<br />

……………………..……………………<br />

The report containing the outcome of mediation will be sent to the address above.<br />

WHEREAS<br />

On (date) ……………………......…………. I submitted a complaint to <strong>Trenitalia</strong> S.p.A.:<br />

by ……………………………………………..…….…….. (fax, registred letter etc.)<br />

regarding a journey on the train ………………..… on ………..….. (state train type and number and journey date)<br />

regarding the following railway connection ……………….…….……………………………………<br />

and concerning the following problem (please describe your complaint briefly, clearly and in legible handwriting):<br />

………………………………………………………………………………………………………………..…<br />

………………………………………………………………………………………………………………..…<br />

………………………………………………………………………………………………………………..…<br />

Now,<br />

□ having received a reply I deemed unsatisfactory (on (date) ……......…. protocol no. ……..….……………….)<br />

□ not having received a reply within the 60-day term.<br />

_____________________<br />

* not compulsory


ANNEX "B"<br />

APPLICATION FOR MEDIATION<br />

I HEREBY REQUEST<br />

that the Joint Mediation Commission settle the dispute according to Current<br />

Mediation Procedure established by mutual agreement between <strong>Trenitalia</strong> and<br />

Consumer Associations (Memorandum of Understanding 04 March 2010)<br />

I hereby aknowledge that I am aware of, and accept, the contents of the Mediation Procedure, and that I undertake to<br />

not take up any judicial or extrajudicial actions until the Mediation Commission discusses and decides on the matter.<br />

I give my Power of Attorney to negotiate the dispute’s settlement on my behalf to the Consumers Association:<br />

..................................... ........................., which has represention at national level and which is enrolled in list at the<br />

Ministry of Economic Development, through a representative designated by the same.<br />

I agree to notify, by registered letter, the Mediations Office of my acceptance or rejection of any mediation proposal<br />

identified by the Commission within 15 days of receiving its notification.<br />

Or if you want to give the Association also your proxy to close and settle the negotiation:<br />

I give my Power of Attorney to negotiate and settle the dispute to the Consumers Association: .....................................,<br />

which has represention at national level and which is enrolled in list at the Ministry of Economic Development, through<br />

a representative designated by the same, herewith approving any agreement signed by the same.<br />

I request:<br />

□ to not be heard by the Mediation Commission<br />

□ to be heard by the Mediation Commission<br />

I herewith attach a copies of the following documentation on the matter of the dispute:<br />

1) ticket<br />

2) copy of complaint<br />

3) copy of reply to claim<br />

4) other (possible) documents: ………………………………………………………………………..……<br />

.......................<br />

(specify documents enclosed)


ANNEX "B"<br />

APPLICATION FOR MEDIATION<br />

Warnings:<br />

I the undersigned declare to be fully in<strong>form</strong>ed that:<br />

- At all times I have the right to refuse to participate in mediation or to withdraw from it, and go through the ordinary<br />

courts or other mechanisms for out-of-court settlement, subject to submitting a statement to this effect to the Mediation<br />

Office;<br />

- If, prior to submitting the <strong>application</strong> for mediation, I have already taken judicial or extrajudicial steps regarding the<br />

same event, I must notify the Mediation Office to such effect;<br />

- The outcome of mediation may be less favorable that that which could be achieved through a court procedure;<br />

- I have the choice of whether to accept the Mediation Commission’s proposal;<br />

- The mediation report has the effect of a settlement agreement under Article 1965 of the Italian Civil Code;<br />

- The arguments, in<strong>form</strong>ation and proposals relating to the dispute are submitted freely by me the customer, and<br />

<strong>Trenitalia</strong>, on a confidential basis.<br />

Date…………….<br />

Signature ……………………<br />

In<strong>form</strong>ation notice pursuant to Art. 13 of Law 196/03<br />

As the Customer, I hereby agree that my personal data are processed by <strong>Trenitalia</strong> SpA as the “In<strong>form</strong>ation<br />

Asset Owner” (IAO) as per Legislative Decree No. 196 of June 30, 2003 (on personal data protection), for<br />

the purposes of the Memorandum of Understanding of 30/09/2008 and the <strong>form</strong>alities specified therein.<br />

I also authorize the representative of the Association of Consumers in the Mediation Commission<br />

investigating my case to disclose in<strong>form</strong>ation and data (including through the provision of documents)<br />

which relate to me, and which are relevant or useful for examining the merits of the case. The failure on my<br />

part to grant consent means the matter cannot be admitted for mediation. My data will be in no way<br />

disseminated save for to the Responsible officer/s and, as entrusted officers, person designated by the above<br />

mentioned IAO.<br />

The IAO is <strong>Trenitalia</strong> SpA, with registered office in Piazza della Croce Rossa No. 1, - 00161 Rome (Italy).<br />

The data-managing office responsible for processing my data is <strong>Trenitalia</strong>’s Vendita e Assistenza (“Sales and<br />

Assistance) N /I office, with address in Piazza della Croce Rossa 1, - 00161 Rome (Italy). I may apply to<br />

that office to exercise my rights under Art. 7 of Legislative Decree 196/2003, including - by way of example<br />

- confirmation of the existence of data relating to me as well as the datas’ updating, correction, integration or<br />

deletion from the system, for lawful reasons. I may also contact that same office to know the names of any<br />

possible additional data-managing offices or In<strong>form</strong>ation Asset Owners.<br />

Signature…………………………………...

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