ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 14, 2023 No. 593

About approval of the Rights and obligations of railway passengers and rules of rendering services in passenger rail transport

Based on part (1) Article 69 and article 76 of the Code of rail transport No. 19/2022 (The official monitor of the Republic of Moldova, 2022, Art. No. 45-52, 57) DECIDES: the Government

1. Approve the Rights and obligations of railway passengers and the rule of rendering services in passenger rail transport (are applied).

2. To impose control of execution of this resolution on the Ministry of infrastructure and regional development.

3. This resolution becomes effective since September 1, 2026, behind the following exceptions:

1) for public services in transportations of the passengers by rail imprisoned based on article 78 of the Code of the rail transport No. 19/2022 and Regulations on public services in transportations of passengers by rail approved by the Order of the Government No. 47/2023, of provision of the Rights and obligations of railway passengers and rules of rendering services in passenger rail transport become effective since February 18, 2024 with the exceptions specified in the subitem 2);

2) in the Rights and obligations of railway passengers and rules of rendering services in passenger rail transport:

a) Items 21-25 become effective since June 7, 2030;

b) Item 30 becomes effective since June 7, 2028;

c) Items 39-41, 43, 51-61, both subitems 1) and 2) of Item 63 and Item 89 become effective since December 2, 2029;

d) the subitem 1) of Item 75 becomes effective since June 30, 2027.

Approved by the Order of the Government of the Republic of Moldova of August 14, 2023 No. 593

The rights and obligations of railway passengers and the rule of rendering services in passenger rail transport

These Rights and obligations of railway passengers and the rule of rendering services in passenger rail transport partially shift Regulations (EU) No. 2021/782 of the European Parliament and Council of April 29, 2021 about the rights and obligations of railway passengers published in the Official magazine of the European Union by L 172/1 of May 17, 2021.

I. General provisions

1. These Rights and obligations of railway passengers and the rule of rendering services in passenger rail transport (further - Rules) establish the regulations applied to rail transport, and their subject is:

1) nondiscrimination between passengers concerning conditions of transportation and provision of tickets;

2) responsibility of the railway companies and their obligation in questions of providing passengers and their baggage;

3) the rights of passengers in case of incident which is caused by use of railway services and leads to death or bodily harms of passengers or to loss or damage of their baggage;

4) the rights of passengers in case of violation of the schedule, such as cancellation or delay, including their right to compensations;

5) the minimum and exact information, including on issue of tickets which shall be provided timely to passengers in available format;

6) non-discriminatory approach and the direction of persons with limited opportunities and persons with limited mobility;

7) determination and monitoring of the quality standards of services and risk management which can worsen personal security of passengers;

8) consideration of claims;

9) regulations in questions of application of the Code of rail transport No. 19/2022.

2. These rules are applied to the international and local railway services and transportations in all territory of the Republic of Moldova which are performed according to provisions of the Code of rail transport No. 19/2022.

3. These rules are not applied to historical and tourist services.

4. Regulations of Items 21-25 are applied from the date established in this resolution.

5. For the purpose of these rules the following concepts are used:

the through ticket - the ticket or tickets for journey representing the contract for the consecutive services in transportation by railway transport which are carried out by one or several railway companies;

the trip - means transportation of the passenger from the station of departure to the station of arrival;

the retail dealer - the dealer who is not the organizer who sells or offers the packets combined by the organizer to sale;

the transportation agreement - the transportation agreement by rail, on paid basis or it is free, between the railway company and the passenger or group of passengers, for the purpose of provision of one or several transport services;

the station - the place located on the railroad where the service in transportation of passengers by railway transport can begin, stop or come to the end;

the managing director of the station - organizational division, it is entrusted to them to manage one or several railway stations and which can be the managing director of infrastructure;

delay - period between hour when the passenger arrive according to the published schedule, and hour of its actual or expected arrival to the station of final appointment;

the lost change - case of loss by the passenger of one or several services during one trip on rail transport sold in the form of the through ticket because of delay or cancellation of one or several previous services, or because of departure of service of earlier planned hour of departure;

the ticket - the valid proof of the conclusion of the transportation agreement, irrespective of its form;

tour operator - the organizer or the retail dealer;

the organizer - the dealer who combines and sells or offers to sale the packets consisting, at least, from two different types of services in transportation of the passengers intended for the same passengers or types of rest or it is direct, either through other dealer or together with other dealer, or the dealer who reports data of passengers to other dealer;

the ticket or the subscription - the ticket for limited or any number of trips allowing its owner to go by rail during the specified period of time along certain route or network;

person with limited opportunities and person with limited mobility - according to the definition given by article 2 of the Law No. 60/2012 on social integration of persons with limited opportunities;

booking - consent, on paper or in electronic format, the granting right to transportation on the basis of the confirmed earlier individual plan of transportation;

service - the service in transportation of passengers by rail performed between stations according to the schedule including the transport services provided for redirection;

local service in transportation of passengers by rail - railway service in transportation of passengers who do not cross border of other state or in case of which the starting point and point of arrival are in the territory of the state;

the international service in transportation of passengers by rail - service in transportation of passengers by rail during which the train crosses, at least, one frontier and which main objective consists in transportation of passengers between the stations which are in the different states;

arrival - the moment of opening of doors of the train at the platform of appointment and permission of disembarkation;

the seller of tickets - any retail dealer in services in transportation by railway transport who sells tickets, including tickets on the basis of the agreement or other arrangement between the retail dealer and one or several railway companies.

II. Transportation agreement, information and tickets

6. On condition of observance of provisions of Items 6-36, the conclusion and agreement performance of transportation, and also provision of information and tickets are regulated by provisions of Items 2-51 of appendix No. 1.

7. Without prejudice to social rates, the railway companies, sellers of tickets or tour operators provide to the general public of condition of agreements and rates without direct or indirect discrimination of passengers on the basis of nationality or the location of the railway company or the seller of tickets.

8. Item 7 is applied to the railway companies and sellers of tickets and when they take orders for booking from passengers according to Items 26-29.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info