VR Conditions of Carriage

Valid from 3 June 2013

Table of contents

1. Legislative basis

Rail passenger traffic is governed by the following legislation and regulations:

a. Regulation (EC) No 1371/2007 of the European Parliament and of the Council on rail passengers' rights and obligations (Regulation on railways' responsibilities)
b. CIV Contract – COTIF (Convention concerning International Carriage by Rail) Appendix A (CIV).
c. national legislation, when it can be applied or its application has been agreed, e.g.

• Rail Transport Act (1119/2000: rautatiekuljetuslaki)
  
• Rail Traffic Liability Act (113/1999: raideliikennevastuulaki)
  
• Act on Maintaining Order in Public Transport (472/1977: laki järjestyksen pitämisestä joukkoliikenteessä)
• Public Transport Penalty Fare Act (469/1979: laki joukkoliikenteen tarkastusmaksusta)
• Act on Transport of Dangerous Goods (719/1994: laki vaarallisten aineiden kuljettamisesta)
• Decree on the Transport of Dangerous Goods by Rail (195/2002: asetus vaarallisten aineiden kuljettamisesta rautateillä)
• Firearms Act (1/1998: ampuma-aselaki).
  

2. General information on the Conditions of Carriage

These VR-Group Ltd Passenger Services' (hereinafter VR) Conditions of Carriage are applied to rail journeys and services organized by VR Passenger Services in Finland.

The Conditions of Carriage which determine the rights and obligations of railway undertakings and their customers are composed of conditions of carriage conforming to the EU Regulation on railways' responsibilities and VR Supplementary Terms insofar as international conventions allow for derogations.

However, separate provisions govern passenger rail traffic between Finland and Russia (Conditions of Carriage in Rail Traffic Between Finland and Russia (77/2007) and Commercial Terms of Passenger Rail Traffic agreed by VR-Group Ltd and Russian Railways (RZD) and the Russian Federal Passenger Company (FPK).

The Conditions of Carriage take effect on 1 January 2013 and are in force until further notice. The current Conditions of Carriage replace the previous version introduced on 30 April 2012. The Conditions of Carriage are available at ticket offices, R-kiosks, travel agencies selling train tickets and online at www.vr.fi.

VR operates domestic long-distance and commuter services. The Helsinki region commuter area refers to an area extending from Helsinki to Riihimäki, Lahti, Vantaankoski and Karjaa and also includes Riihimäki-Lahti line.

Extensive information on Passenger Services are available online at www.vr.fi. Online you will find information on passenger services timetables, trains, onboard services, fares, stations and additional services. In VR Online Shop at the above address you can buy the most common train tickets. Most train tickets may be purchased or booked from VR Customer Care by phone and the tickets may be paid by debit or credit cards. Information on VR services are also available from long-distance and commuter services' Rail Pocket Guides, VR Customer Care and sales agents.

3. Contract of carriage

According to the contract of carriage the railway undertaking (VR) participating in the contract's implementation shall transport the passenger from the departure station to the destination station. The transport agreement is confirmed by a ticket which is either a paper ticket or an electronic ticket, see section 4. The ticket is an indication of the conclusion and content of the transport agreement. One ticket represents one transport agreement with the exception of tickets which have been sold at the same location for a single journey for several persons. Several electronic tickets form one contract of carriage if the tickets are connected by electronic means.

Transferring between railway stations by other modes of transport (bus, tram, metro etc.) or by foot is not part of the transport agreement and the transfer is conducted in accordance with legislation applicable to the means of transport in question.

4. Tickets and reservations

4.1. General information

The railway undertaking (VR) determines the look of the ticket and the languages and characters in which the ticket is printed and filled in with. Information contained in the e-ticket or mobile tickets can be converted into legible form.

The railway undertaking (VR), issuer of the ticket, route, fare, ticket validity, applicable transport terms and, if required, the passenger's name, travel date and train number are stated on the ticket.

The Supplementary terms state the conditions in which ticket booking is voluntary or compulsory and the terms of discounts (for instance children, groups, etc.).

4.2. Purchasing, paying, changing and cancelling tickets

Tickets are sold by the railway undertaking (VR) or by authorized sales agents. If other railway undertakings or sales agents (for instance travel agencies) sell tickets but do not participate in carrying out the transport agreement they acts as the railway undertaking's representative and do not accept liability arising from the transport agreement.

A ticket which does not bear the name of the passenger can be transferred to another person if the journey has not yet started.

Terms concerning cancelling and changing of tickets – except cases concerning cancelled or delayed rail services – are stated in VR Ticket terms and conditions which contain all charges to be paid. VR Ticket terms and conditions are accessible at www.vr.fi.

The changing of tickets is considered a cancellation of the original transport agreement and a conclusion of a new one. The railway undertaking may refuse to accept the cancellation or changing of tickets if the ticket is unreadable or damaged. Refunds of the transport charge are conducted with the same method as payment of the ticket and to an appropriate extent with gift vouchers.

5. Passengers' obligations

5.1. Before the journey

Passengers shall pay the transport charges in advance and make sure the tickets have been issued in accordance with the instructions they have provided.

The ticket is not valid if

• the passenger has not stamped the ticket appropriately
• the ticket has been altered after it has been issued
• the ticket is a forgery
• passengers do not possess a valid discount card
  

Section 5.2. of the Supplementary Terms and Conditions contain provisions on the procedure to be followed in these cases.

If the electronic information or security certificate of the e-ticket or mobile ticket is unreadable passengers must buy a new ticket. Damaged e-tickets printed by customers or mobile tickets must be sent to the issuer for a refund.

The Supplementary Terms and Conditions determine whether children may travel alone and under what conditions.

Disabled passengers or passengers with reduced mobility shall inform the operator at least 48 hours before the journey. They shall follow instructions of the railway undertaking (VR) to receive the available assistance. If required, the railway undertaking (VR) may accept shorter notification times.

5.2. During the journey

Passengers must board the train before the scheduled departure time to enable a punctual departure. If passengers do not board the train before the scheduled departure time access to the train cannot be guaranteed.

Passengers shall have a valid ticket approved by the railway undertaking (VR) or the original ticket for the entire journey. Passengers shall make sure that the ticket is stamped and upon request present the ticket to the railway undertaking's (VR) on-train staff and keep the ticket until they get off the train at the destination station.

Passengers shall in some cases (for instance if they have a ticket issued in their name, a discount ticket, an e-ticket or a ticket paid by special means) have to prove their identity and right to travel.

The ticket entitles to travel in the class and seat stated on the ticket if the passenger has booked a seat. Passengers who have purchased a berth ticket shall remain in the sleeping compartment stated on the ticket during ticket inspection, see section 4.1 A.

The tickets do not entitle to stop at intermediate stop-off points.

Passengers may occupy only one seat. In particular, seats reserved for a group of passengers (for instance, seats for persons with reduced mobility or families with children) shall be given to the passengers entitled to travel in them.

Passengers endangering the safety of the service or other passengers or disturbing other passengers may be removed from the train.

6. Hand luggage

Passengers may transport only hand luggage. The hand luggage shall be connected to the purpose of the trip and fit into space reserved for hand luggage. Passengers shall look after their hand luggage. Hand luggage shall not cause nuisance to other passengers or cause damage to, for instance, other passengers or luggage.

VR Supplementary Terms state the exceptions and proper procedures in the transport of weapons and ammunition.

The Supplementary Terms are applicable to transported cycles.

7. Pets

Passengers may transport pets onboard trains if the railway undertaking (VR) permits it. The Supplementary Terms are applicable to pet transport.

8. Registered luggage and vehicles

When the railway undertaking (VR) offers transport of registered luggage and vehicles its own Supplementary Terms are applicable.

9. Delays

9.1. Train cancellations and foreseeable delays

If rail services are cancelled or a delay of more than 60 minutes at the arrival station stated on the contract of carriage is foreseeable passengers may

• demand a refund of the transport charge for the journey not made or for that part of the journey not made and/or the part made but no longer serving a purpose together with carriage back to the starting point of the journey free of charge.
• continue their journey using the same or a different route at the earliest opportunity on similar terms.
• continue their journey using the same or a different route at a later time on similar terms.

If passengers’ tickets are also valid for the return journey and if they use them in accordance with their travel plans, only that part of the total fare which corresponds to the outward journey will be refunded.

9.2. Delays

9.2.1 VR Long-distance service delays

If passengers do not present a claim under point 9.1 and reach the destination point specified in their contract with 60 minutes or more of delay, carriers will compensate them with 25% of the fare. For delays of 120 minutes or more, the compensation will be 50% of the fare. Stipulations of Point 9.5 are still taken into consideration in the application of this point.

The staff on the delayed train, or any other authorised VR staff, will provide passengers with confirmation of the delay on demand.

Passengers are to make their claims for compensation by presenting the original ticket to the issuer of the ticket or to one of the carriers taking part in the performance of the contract of carriage. If the carrier (VR) provided a confirmation of the delay then it is also to be submitted.

The compensation claim form for delays is accessible online on the Customer service pages (vr.fi).

9.2.2 VR commuter service delays

VR commuter services punctuality and operations are monitored by calendar month. Punctuality reports are accessible at the Finnish Transport Agency website.

If VR commuter train services are cancelled or delayed by more than 10 minutes during a calendar month so that the trains that are cancelled and delayed by more than 10 minutes together constitute more than 10% of the month's entire service offering, VR grants VR zone area season ticket holders compensation as follows:

• 14-30 day ticket holders: if even one day of the season ticket's validity falls on the calendar month on which more than 10% of the month's entire service offering is cancelled or delayed by more than 10 minutes passengers are entitled to a 20% refund on the 14-30 day ticket price
  
• 31-365 day ticket holders: if even one day of the season ticket's validity falls on the calendar month on which more than 10% of the month's entire service offering is cancelled or delayed by more than 10 minutes passengers are entitled to a 20% refund on the 30 day ticket price (delays during one calendar month, i.e. refunds are not paid for longer periods and compensation for delays during a calendar month are compensated only once)
• The compensation is paid:
  

• Primarily by a refund voucher in exchange for the season ticket entitling to a refund
• Secondarily at the passenger's written request to the passenger's bank account

Passengers must make their claims for compensation on delayed train trips by presenting the original ticket to the issuer of the ticket.

The compensation claim form for delays is accessible online on the Customer service pages (vr.fi).

9.3. Processing of refunds and compensations

The basis for calculating compensation is the fare attributable to the delayed train. If the ticket does not specifically show this fare, the basis is to be the normal fare the passenger would have had to pay for a journey restricted to just that train. The VR Supplementary Terms are applicable to, for instance, season tickets.

The compensation paid for the delay shall be calculated on the basis of the price the passenger has actually paid for the delayed service.

The railway undertaking (VR) may pay refunds and compensations as gift vouchers. As a general rule the gift vouchers are valid for a year and they are accepted only by the issuing railway undertaking and they can only be used to buy services sold by the railway undertaking. At passengers’ request carriers will pay refunds and compensation to the passengers' bank account.

Refunds and compensation are processed within a month of application to the appropriate contact point. Amounts under EUR 4 will not be paid. Any financial transaction costs are paid by the carrier.

9.4. Journey cannot continue during the same day

If passengers are not able to continue their journey in accordance with the contract of carriage on the same day

• by reason of cancellation, the late running of a train or a missed connection, or
• if continuation of the journey on the same day could not reasonably be required under the circumstances,

the carrier (VR) will refund the reasonable costs of notifying persons awaiting those passengers and if required:

• provide reasonable accommodation including the transfer necessary, or
• refund the reasonable costs of accommodation including the transfer necessary.

The carrier (VR) may offer alternative transport (bus, metro, taxi, etc.).

9.5 Relief from liability for delays

The carrier (VR) is relieved of liability for a delayed rail service and interrupted journey:

• if passengers were informed of possible delays before buying their tickets
  
• or if when continuing their journeys by an alternative service or route, the delay on arrival at their destinations is less than 60 minutes
  
• or if the event was due to:

1. circumstances not connected with the operation of the railway which the carrier (VR), in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent;

2. fault on the part of the passenger;

3. the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; the infrastructure manager is not considered as a third party;

4. limitations in transport services as a result of strikes of which passengers were appropriately informed.

10. Assistance in case of a delayed service

In case of a delay of 60 minutes or more, the carrier (VR) shall take all reasonable and proportional action to assist passengers. As far as possible and having regard to the waiting time, this action will include the provision of refreshments and meals and, if necessary, the provision of accommodation and the organisation of alternative means of transport. Special attention will be paid to the needs of persons with reduced mobility.

Assistance in case of a delayed service is not applicable to Helsinki region commuter services.

11. Personal injuries

The carrier‘s (VR) liability for the death of and personal injury to passengers is determined by Appendix 1 of the Regulation on railways' responsibilities.

The carrier liable (VR) shall make appropriate advance payments to passengers or their dependents to cover immediate economic needs. The advance payments shall be proportional to the damage caused. An amount of EUR 21 000 per passenger will be paid in advance in the event of death. In the event of injury, relevant and reasonable costs of up to EUR 21 000 per passenger will be paid in advance.

Advance payments do not constitute acceptance of liability and will be offset against any subsequent compensation paid. A demand may be made for the advance payment to be returned if the loss or damage was caused wilfully or negligently by the passenger or if the recipient was not entitled to receive the payment.

So far as is compatible with the protection of their interests, carriers who decline liability will provide support for pursuing claims for compensation against third parties at passengers’ request (where appropriate forwarding documents, sight of inquiry reports, supply of papers, etc.).

12. Loss or damage to property

The railway undertaking's liability for hand luggage and pets carried by the passenger is determined in Appendix 1 of the Regulation on railways' responsibilities. The restrictions of section 34 of the Appendix are not applicable to liability for mobility devices of the disabled and persons with reduced mobility.

13. Claims and complaints

13.1. Personal injuries

Claims for compensation for damage to the clothes worn by the passenger, luggage carried, personal utility items and animals shall be submitted to the railway undertaking within three years of the person having suffered the damage becoming aware of the damage or should have been aware of the damage. However, compensation claims shall be submitted within ten years of the time the damage occurred.

13.2. Damaged luggage and damage incurred due to delays

Passengers shall submit a complaint on damage to goods or luggage or partial loss when receiving their goods or luggage if the damage or partial loss is noticeable on the exterior to the railway undertaking or risk losing the right to bring action. Otherwise the complaint shall be submitted within ten days of having received the goods or luggage. Consumers have, however, always the right to submit a complaint within reasonable time of having received the goods or luggage.

The right to bring action is not, however, lost on the basis of subsection 1 if the railway undertaking of the party for whose conduct the railway undertaking is responsible for has caused the damage to the goods or luggage or partial loss intentionally or due to gross negligence.

The right to compensation is lost unless the claim is submitted in writing to the railway undertaking within a year or, if the damage is caused intentionally or due to gross negligence, within three years:

• of the hand-over of the goods or luggage or if the right is based on damage to the goods or luggage or partial loss or delay in its hand-over;

• of the time the goods are considered in accordance with section 15 and luggage in accordance with section 25, of having been lost, if the right is based on total loss of goods or luggage;
  
• of the time when three months have passed from the time the item was accepted for transport or the negligence of the transport obligation, if the right is based on other facts than those mentioned in subsections 1 or 2.

The railway undertaking shall within a month provide a justified response or in justifiable cases inform the passenger of the date by which the response to the claim can be expected.