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SJ AB GENERAL TERMS AND CONDITIONS OF TRAVEL 

Enter into force from 8 October 2018.

 

A. INTRODUCTORY PROVISIONS

1 BACKGROUND

B. PRIOR TO AND DURING THE JOURNEY

2 INFORMATION

3 CARRIAGE OF PASSENGERS

4 TICKETS

5 LUGGAGE

6 PETS

7 FUNCTIONAL IMPAIRMENT, ETC.

C. LIABILITY

8 THE PASSENGER’S LIABILITY

9 SJ’S LIABILITY FOR PERSONAL INJURY AND PROPERTY DAMAGE

10 SJ’S LIABILITY FOR SUBCONTRACTORS

D. SJ’S LIABILITY IN THE EVENT OF TRAFFIC DISRUPTIONS

11 GENERALLY

D.1 LIABILITY IN THE EVENT OF TRAFFIC DISRUPTIONS REGARDING CROSS-BORDER TRAINS AS WELL AS TRAINS TRAVELLING A DISTANCE OF 150 KM OR MORE (LONG DISTANCE TRAINS)

12 SJ’S LIABILITY IN RESPECT OF ASSISTANCE AND PAID FARES IN THE EVENT OF TRAFFIC DISRUPTIONS (LONG DISTANCE TRAINS)

13 THE SCOPE OF ASSISTANCE (LONG DISTANCE TRAINS)

14 CASH COMPENSATION TO THE PASSENGER FOR EXPENDITURES AS A CONSEQUENCE OF TRAFFIC DISRUPTIONS (LONG DISTANCE TRAINS)

15 LIABILITY TO REFUND TICKET FARE IN THE EVENT OF QUALITY SHORTCOMINGS AND TRAFFIC DISRUPTIONS (LONG DISTANCE TRAINS)

16 TIME AND AMOUNT OF REFUND (LONG DISTANCE TRAINS)

17 DISBURSEMENT OF COMPENSATION (LONG DISTANCE TRAINS)

D.2 LIABILITY IN THE EVENT OF TRAFFIC DISRUPTIONS FOR DOMESTIC TRAINS TRAVELLING A DISTANCE OF LESS THAN 150 KM (SHORT DISTANCE TRAINS)

18 SJ’S LIABILITY FOR INFORMATION, REFUND OF TICKET FARE AND INCURRED EXPENDITURES IN THE EVENT OF TRAFFIC DISRUPTIONS (SHORT DISTANCE TRAINS)

19 CASH COMPENSATION TO THE PASSENGER FOR EXPENDITURES AS A CONSEQUENCE OF TRAFFIC DISRUPTIONS (SHORT DISTANCE TRAINS)

20 LIABILITY TO REFUND TICKET FARE IN THE EVENT OF QUALITY SHORTCOMINGS AND TRAFFIC DISRUPTIONS (SHORT DISTANCE TRAINS)

21 TIME AND AMOUNT OF REFUND (SHORT DISTANCE TRAINS)

22 DISBURSEMENT OF COMPENSATION (SHORT DISTANCE TRAINS)

D.3 LIABILITY IN CONJUNCTION WITH COMBINED JOURNEYS

23 REACH YOUR DESTINATION GUARANTEE

24 REFUND OF TICKET FARE IN CONNECTION WITH THE REACH YOUR DESTINATION GUARANTEE

E. MISCELLANEOUS

25 COMPLAINTS

26 PROCESSING OF PERSONAL DATA

27 DISPUTE RESOLUTION

28 ENTRY INTO FORCE

A. INTRODUCTORY PROVISIONS

1 BACKGROUND

1.1 The rights and obligations of passengers who travel with SJ AB (“SJ”) are primarily governed by

  • the Swedish Rail Carriage Act (2018:181);
  • Regulation (EC) No. 1371/2007 on rights and obligations of rail passengers (the “Rail Passengers Rights Regulation”), including the Convention concerning International Carriage by Rail (COTIF) with Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV), 
  • the Public Carriage (Passengers’ Rights) Act (2015:953); and 
  • General Conditions of Carriage for Rail Passengers (GCC-CIV/PRR).

1.2 Unless otherwise agreed, SJ’s General Terms and Conditions of Travel (the “Travel Terms and Conditions”) shall also apply to every agreement regarding rail travel entered into with SJ or its agent, representative or distributor. The Travel Terms and Conditions shall also apply where SJ uses a means of carriage instead of train to perform the agreed journey. Unless otherwise agreed, the Travel Terms and Conditions shall apply also in conjunction with travel with SJ Norrlandståg AB.

1.3 The Travel Terms and Conditions shall not apply to travel by another rail carrier’s trains and/or travel by another means of carriage where – as stated on the ticket for the journey – SJ has merely sold the journey as a distributor on behalf of the designated carrier. The travel terms and conditions applied by these carriers shall apply to such travel.

1.4 The Travel Terms and Conditions have been drafted based on applicable laws and regulations. In the event any statutory or regulatory term or condition is more favourable for the passenger, such provision shall take precedence over the provisions of the Travel Terms and Conditions.

1.5 The Travel Terms and Conditions are available at SJ’s Customer Service, on SJ’s website www.sj.se/terms and conditions of travel and at SJ’s distributors and representatives.

B. PRIOR TO AND DURING THE JOURNEY

2 INFORMATION

2.1 A person who wishes to purchase a train ticket for travel with SJ or is to carry out a journey is entitled, prior to the purchase or prior to the journey, to seek and obtain information regarding:

a) the provisions of the Travel Terms and Conditions;

b) the passenger’s rights and obligations according to law or other statutory instruments;

c) ticket fare, timetable, line route and service level for the journey;

d) the possibility to take bicycles, luggage and pets on the journey;

e) requirements in connection with ticket inspections during the journey;

f) access to vehicles, stations and stops;

g) conditions for access to the train, stations and stops for passengers with functional impairment or reduced mobility and regarding conditions for assistance and the booking of assistance at a station or stop and when changing the means of carriage during the journey;

h) delay or other disruption in the traffic and its cause, duration and consequences;

i) safety and security issues;

j) contact, customer service function or similar, to SJ and, where appropriate, the selling party; and

k) where, when and in what way train tickets can be bought and distributed to the passenger.

2.2 Information is made available electronically or in some other manner which is most suitable to enable the passengers to obtain the information from SJ, or from another party on behalf of SJ.

3 CARRIAGE OF PASSENGERS

3.1 SJ is obliged to carry a passenger in possession of a valid ticket in accordance with the ticket terms and conditions.

3.2 A passenger who, prior to or during the journey:

a) through his or her behaviour jeopardises, or may be feared to jeopardise, security on board or the operation of the train; or

b) appears intoxicated or disturbs public order or disturbs other passengers in an unacceptable manner; or

c) fails to comply with instructions issued by on-duty train staff (note here particularly SJ’s public order rules which are available on www.sj.se/rules of public order); or

d) does not have a valid ticket for the entire journey and refuses to pay a fixed supplemental fee (inspection fee) pursuant to section 4.12; or

e) brings luggage or animals which may not be brought in accordance with sections 5 and 6
shall forfeit the right to travel on the train and shall leave the train if so decided by the train staff.

3.3 A person who has forfeited the right to travel on the train in accordance with section 3.2, subsections a), b), or c), shall not be entitled to a refund of the ticket fare he or she has paid for the journey and, if the journey has begun, shall also not be entitled to a refund of the difference between the fare for the journey and the fare for the distance he or she has travelled.

3.4 A person has forfeited the right to travel on the train in accordance with section 3.2, subsection e), shall be entitled to a refund of the fare for the journey or, if the journey has begun, to a refund of the distance between the ticket fare and the fare for the distance he or she has travelled.

4 TICKETS

4.1 As used in these Travel Terms and Conditions, “tickets” means all types of tickets and passes available from SJ, including tickets which are valid during a specific period of time (period passes). A ticket shall have the form, content and appearance in general as determined by SJ in accordance with applicable legislation.

4.2 Unless otherwise determined, a ticket which is not for a fixed period shall contain information regarding:

a) the party or parties who shall perform the carriage (SJ or another carrier with which the passenger has entered into an agreement regarding travel);

b) the validity period of the ticket;

c) the type of train and, where appropriate, type of compartment and seat reservation on the train;

d) the name of the departure station and the destination station;

e) the ticket fare (the price) for the journey and any right of cancellation and refund;

f) any departure times and arrival times as per timetables;

g) any discount category (e.g. child, youth, student or pensioner); and

h) the passenger’s name on a personal ticket.

4.3 For such time as the passenger during a journey remains on the train or within the boundaries of a railway station, he or she must be able to produce a valid ticket for the journey in conjunction with a ticket inspection. The ticket must be retained throughout the journey.

4.4 If, when purchasing a train ticket or through a notice at the railway station or otherwise, the passenger has learnt that the ticket must be stamped or validated in a machine on or outside the means of carriage, the passenger shall be deemed to lack a ticket if such stamping/registration has not taken place.

4.5 A ticket which has been issued to a specific named passenger is personal and is valid only for that passenger. Upon request by train staff, the passenger must prove his or her entitlement to the journey by presenting a valid ID document approved by SJ. The aforesaid applies also to a person travelling on a discounted ticket. Such a passenger must also be able to present acceptable evidence in respect of their right to a discount. 

4.6 The following groups are entitled to discounted tickets:
Children and youths (up to 25 years of age); students with any of the following valid student IDs, Mercenat, ISIC or Student Card; retirees (at least 65 years of age) who hold a pension certificate from the Swedish Pensions Agency or corresponding agency from another country; or hold a valid certificate regarding sickness, activity and disability benefits from the Swedish Social Insurance Agency or corresponding agency in another country).

4.7 The following ID documents are valid and accepted: all passports, Swedish ID documents, the Swedish Migration Agency’s LMA card and national ID cards within the EU. Other foreign ID documents are not accepted.

4.8 Accompanying children travelling with an adult and children travelling alone below the age of 16 are exempt from the requirement to present an ID document, provided the child does not need to prove his or her age in order to travel on a discounted ticket.

4.9 If the right to travel or to a discount cannot be proven, the passenger shall be deemed to lack a valid ticket, whereupon the provisions of sections 4.11 and 4.12 shall apply.

4.10 A ticket which has been altered without authorisation is invalid and, if possible, shall be confiscated by train staff. SJ shall also be entitled to confiscate expired period passes if such a pass is presented in conjunction with a ticket inspection.

4.11 A passenger who is unable to present a valid ticket for the entire journey or otherwise prove his or her right to travel shall pay a fixed supplemental fee (inspection fee) in accordance with the Public Carriage (Supplemental Fees) Act. The inspection fee is SEK 1,200.

4.12 Unless otherwise expressly determined by SJ in respect of certain types of tickets, or as stated on the ticket, tickets may not be transferred once the journey has begun.

4.13 A ticket may not be returned for a refund to a greater extent than expressly determined by SJ for certain types of tickets or as otherwise stated on the ticket. The provisions in question are set forth in SJ’s General Terms and Conditions of Purchase on SJ's website (www.sj.se) or provided by SJ's Customer Service. Where refunds may be made, the refund value is dependent on when the ticket was cancelled or returned. Refunds are only made within one year from the expiry of the period of validity of the ticket or the time stated on the ticket, whichever is shorter.

4.14 Lost tickets which are not issued to a specific person are not replaced. Lost personal tickets are replaced in accordance with SJ’s special provisions thereon. The provisions in question are set forth in SJ’s General Terms and Conditions of Purchase on SJ's website (www.sj.se) or provided by SJ's Customer Service.

4.15 A seat reservation for a particular numbered seat entitles the holder to such seat in priority to any person without a reservation for the same seat. A ticket without a seat reservation does not entitle the holder to a seat in the absence of available seats.

5 LUGGAGE

5.1 During the journey, the passenger may take luggage of a reasonable size which can easily be carried by the passenger and which, on each train, can be placed in a place intended for luggage or a specifically designated space. More detailed provisions regarding the maximum number of permitted pieces of luggage, approved dimensions, etc. set forth in SJ’s special luggage rules, which are available on www.sj.se/luggage or provided by SJ’s Customer Service.

5.2 In addition to traditional suitcases, permitted luggage includes, for example, collapsible prams, collapsible non-motorised wheelchairs or other special equipment used by individuals with functional impairments or reduced mobility (e.g. a wheelchair which is used as an aid during the journey), skis or snowboards in bags, golf bags and musical instruments.

5.3 It is not permitted, for example, to take the following on board:

a) hazardous goods such as explosives and combustible objects and liquids, as well as poisonous, infectious or 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;

c) objects and liquids which may cause discomfort or the risk of injury to fellow passengers or to SJ;

d) objects which cause disturbance or encroach on the space of other passengers; and;

e) live animals, subject to the exceptions set forth below in section 6.

More detailed provisions regarding permitted and unpermitted luggage is available on SJ’s website www.sj.se/luggage or provided by SJ’s Customer Service.

5.4 Baggage which is incorrectly placed on the train, or the owner of which is unknown to SJ, may be moved or seized.

6 PETS

6.1 Dogs or other pets may be taken on board in specifically designated sections of the train.

6.2 Guide dogs or service dogs for personal assistance for passengers with functional impairment or reduced mobility may also be taken into other parts of the train, provided the dog bears a special harness or a service dog vest. Places for guide dogs and service dogs must be booked through SJ’s Service Centre but are provided free of charge.

6.3 All accompanying animals must be placed on the floor.

6.4 More detailed provisions regarding the number of permitted pets, charges, etc. are available on SJ’s website www.sj.se/animal or provided by SJ’s Customer Service.

7 FUNCTIONAL IMPAIRMENT, ETC.

7.1 Passengers with functional impairments or reduced mobility have the same rights as other passengers. Special services are provided to make travel by train accessible to as many people as possible.

7.2 A passenger is entitled to assistance provided the assistance was booked prior to the journey in accordance with the general terms and conditions for assistance. 1) More information is available on SJ’s website (www.sj.se/disability) or provided by SJ’s Customer Service.

7.3 If a wheelchair is to be used as an aid during the journey, before booking the ticket the passenger must ensure that, in light of its length, width and weight, the wheelchair can be taken on the train. Provisions regarding the booking of wheelchair space, etc. are available on SJ’s website www.sj.se/disability or provided by SJ’s Customer Service.

7.4 Only persons confined to a wheelchair may book wheelchair space. Accompanying animals are not permitted in wheelchair space except in respect of guide dogs and service dogs according to section 6.2 above.

C. LIABILITY

8 THE PASSENGER’S LIABILITY

8.1 The passenger shall be liable for the loss and costs which he or she causes SJ and/or other passengers by disturbing the public order or jeopardising security in the operation of the train or by otherwise causing damage.

8.2 The passenger shall be personally responsible for luggage and pets which he or she has on board sig and shall be liable for damage or loss caused by such luggage and domestic pets. Liability shall also apply when luggage and pets are placed in such a manner that the passenger is unable to keep an eye on them.

8.3 In the event SJ incurs damage or loss due to a passenger who has participated in a group journey, the passenger causing the damage or loss and the party who booked the group journey shall be jointly and severally liable for the damage, loss and expenses incurred.

8.4 SJ assumes no special liability in respect of children travelling alone.

9 SJ’S LIABILITY FOR PERSONAL INJURY AND PROPERTY DAMAGE

9.1 SJ’s liability in conjunction with injury to or the death of a passenger (personal injury) and in conjunction with damage to or the loss of the passenger’s luggage, pets or other personal effects (property damage) is governed by the Swedish Rail Carriage Act. The aforesaid applies also in respect of compensation for such loss or damage.

9.2 According to the main rule set forth in the Swedish Rail Carriage Act, SJ is strictly liable for personal injury incurred by the passenger as a consequence of the operation of the railway while he or she is on a railway vehicle or entering or alighting from a railway vehicle. The foregoing also applies in the event of property damage which arises in conjunction with personal injury.

9.3 In the event property damage arises without any connection to personal injury, SJ shall only be liable for the damage where SJ caused such damage (error or negligence).

9.4 Liability for property damage is limited to one half of a statutory base amount pursuant to Chapter 7, section 2 of the Social Insurance Code in force at the time the damage was caused, unless SJ caused such damage intentionally or through gross negligence.

9.5 In the event of personal injury and/or property damage or any other circumstance for which the passenger wishes to claim compensation from SJ, if possible the circumstance must be reported immediately to on-board train staff. Any claim for compensation shall be made pursuant to the provisions of section 25.

10 SJ’S LIABILITY FOR SUBCONTRACTORS

10.1 SJ shall be liable for any subcontractors engaged by SJ to perform its undertakings to the passenger. The administrator of the rail infrastructure on which the journey takes place shall be deemed such a subcontractor; however, not another rail operator whose tickets have been sold by SJ.

D. SJ’S LIABILITY IN THE EVENT OF TRAFFIC DISRUPTIONS

11 GENERALLY

11.1 “Traffic disruption” means any delay, missed train connection, train cancellation or other unscheduled event.

11.2 “Delay” means that the time of arrival of the carriage at the passenger’s final destination for the train journey with SJ is later than stated in the agreement for carriage or, if the arrival time is not stated therein, as stated in the published timetable.

11.3 SJ’s liability in the event of traffic disruptions in conjunction with cross-border journeys and for trains travelling a distance of 150 km or longer, is governed by the Rail Passenger Rights Regulation, and is set forth in D.1 below. Such trains are referred to below as “Long Distance Trains”

11.4 SJ’s liability in conjunction with domestic journeys by train travelling a distance of less than 150 km is governed by the Public Carriage (Passengers’ Rights) Act, and is set forth in D.2 below. Such trains are referred to below as “Short Distance Trains”

11.5 A journey with SJ which comprises several Short Distance Trains or Long Distance Trains and Short Distance Trains constitutes a combined journey, with a composite ticket being issued for the journey. In respect of such combined journeys, in the event of traffic disruptions SJ offers a “Reach your Destination Guarantee” as set forth in D.3 below.

D.1 LIABILITY IN THE EVENT OF TRAFFIC DISRUPTIONS REGARDING CROSS-BORDER TRAINS AS WELL AS TRAINS TRAVELLING A DISTANCE OF 150 KM OR MORE (LONG DISTANCE TRAINS)

12 SJ’S LIABILITY IN RESPECT OF ASSISTANCE AND PAID FARES IN THE EVENT OF TRAFFIC DISRUPTIONS (LONG DISTANCE TRAINS)

12.1 Unless otherwise prescribed 12.3, SJ is liable to the passenger for traffic disruptions.

12.2 SJ’s liability in the event of traffic disruptions includes an obligation to provide the passenger with assistance and, insofar as assistance is not provided, to provide the passenger with compensation for reasonable costs in respect of food, non alcoholic drink and lodgings, as well as an obligation to provide the passenger with compensation for necessary expenses incurred in notifying persons waiting for the passenger. The liability also includes refund of the ticket fare in certain cases. SJ’s liability in the event of traffic disruptions is described in greater detail in section 12.3 – 17 below. Compensation is not payable in respect of lost value, such as loss of income and other economic loss, nor in respect of non-pecuniary loss and consequential loss.

12.3 SJ shall not, however, be liable where a passengers’ delay is attributable to error or negligence on the part of the passenger, such as when the passenger misses the train’s departure time, takes a seat on the wrong train or in the wrong part of the train, or fails to alight at his or her change station or destination station.

12.4 If the passenger’s acts according to section 12.3 are caused by incorrect information from SJ’s personnel, errors in SJ’s timetables, its tickets or its signage, the passenger shall, however, have the same right to compensation and assistance in accordance with sections 13 and 14. The foregoing applies in connection with negligence in giving a wakeup call to sleeping carriage or couchette passengers, where SJ has undertaken to give a wakeup call.

13 THE SCOPE OF ASSISTANCE (LONG DISTANCE TRAINS)

13.1 During the journey, SJ shall take reasonable care of passengers travelling on a cross-border train or a train travelling a distance of 150 km or more and SJ guarantees that, if the passenger so wishes, he or she will arrive as soon as possible at the destination station for the train journey with SJ.

13.2 Assistance in accordance with section 13.1 above means that SJ is responsible for providing the following:

a) Information: In the event of a delayed or cancelled journey, SJ shall provide the passenger with information regarding anticipated departure and arrival times, as soon as such information is available.

b) Propose and organise alternatives: in the event the passenger is unable to commence or complete his or her journey, or if the journey with SJ to his or her destination station will be delayed by more than 60 minutes, the passenger has the possibility to choose to continue the journey, receive a return journey free of charge, rebook the journey or receive a refund of the journey in accordance with the provisions of the Rail Passengers’ Rights Regulation. If the passenger has chosen to continue the journey, SJ shall organise alternative carriage for the passenger as soon as possible. There is no obligation to arrange alternative carriage by taxi or with another traffic operator. If alternative carriage cannot be organised and implemented within a reasonable time, SJ shall offer the passenger a journey free of charge, combined in the same manner as the original journey, as soon as possible on the same day or on such later day as the passenger chooses.

c) Unless otherwise specifically agreed, passengers entitled to assistance are not entitled to compensation for costs for a replacement journey which the passenger has personally arranged.

d) Food, drink and lodging: in the event of delay lasting more than 60 minutes from the passenger’s departure stationor to his or her destination station for the train journey with SJ, SJ shall offer the passenger food and non alcoholic drink to a reasonable extent in light of the period of delay, if such is available on the means of carriage or may reasonably be obtained at a station or stop. In the event SJ is unable to offer food and drink, the passenger shall be entitled to reasonable compensation in accordance with the provisions set forth in 14.1. b). The foregoing shall apply also to lodging and, where necessary, carriage to the lodging if, as a consequence of the delay, the passenger has missed the final scheduled connection for the day to the destination station for the passenger’s journey with SJ, unless SJ offers a replacement journey on equivalent terms. 

e) Food and drink and lodging are not offered if the passenger discontinues the journey. However, this shall be offered in accordance with the provisions set forth in section 16.1 c) in the event the passenger is on a return journey after the original journey has proved to be futile.

f) Special help for functionally impaired passengers, etc.: SJ shall particularly ensure that, in the event of traffic disruptions, passengers with functional impairments or reduced mobility receive assistance in coming on board a train, changing to a connecting train, or alighting from an arriving train.

14 CASH COMPENSATION TO THE PASSENGER FOR EXPENDITURES AS A CONSEQUENCE OF TRAFFIC DISRUPTIONS (LONG DISTANCE TRAINS)

14.1 The passenger is entitled to compensation in cash in accordance with the following provisions:

a) in the event of delay lasting more than 60 minutes from the passenger’s departure station or to his or her destination station for the train journey with SJ, the passenger shall be compensated for reasonable expenditures for necessary telephone calls. Compensation shall be provided also in the event of the passenger discontinues the journey as a consequence of the delay.

b) in the event of delay lasting more than 60 minutes from the passenger’s departure station or to his or her destination station for the train journey with SJ, the passenger shall be compensated for reasonable additional costs for food and non alcoholic drink as well as for reasonable additional expenditures on lodging and, where necessary, carriage to the lodging, against submission of an receipt. In the event SJ has offered food, drink and lodging, as well as carriage, free of charge, compensation shall not be paid for corresponding costs. Additional costs for food, drink and lodging as well as carriage shall not be paid where the passenger has discontinued his or her journey. However, the compensation as set forth above shall be made in the event the passenger is on a return journey after the original journey has proven to be futile in accordance with 16.1 c).

15 LIABILITY TO REFUND TICKET FARE IN THE EVENT OF QUALITY SHORTCOMINGS AND TRAFFIC DISRUPTIONS (LONG DISTANCE TRAINS)

15.1 SJ is liable to refund the passenger all or parts of the ticket fare (price reduction) in respect of quality shortcomings in accordance with 16.1 a).

15.2 In the event of traffic disruptions, SJ shall be liable to refund all or part of the ticket fare in respect of such traffic disruption in accordance with the provisions set forth in section 16.1 b) – d).

15.3 SJ shall not be liable under section 15.2 where the traffic disruption was known to the passenger by virtue of information that he or she received prior to the ticket purchase or if, notwithstanding the traffic disruption or following a rebooking, the passenger arrives at the destination station for the train journey with SJ on time or subject to a delay of less than 60 minutes.

16 TIME AND AMOUNT OF REFUND (LONG DISTANCE TRAINS)

16.1 The refund obligation may relate to all or parts of the ticket fare. For passengers travelling on a period pass, the refund amount constitutes a proportionate part of the price of the period pass. Refunding shall take place as follows:

a) Quality shortcomings: In the event the passenger is caused discomfort or inconvenience during the journey due to shortcomings in service, equipment, order or hygiene in the means of carriage for which SJ bears responsibility, the company shall refund a reasonable part of the ticket fare. Discomfort or inconvenience that passengers cause each other shall not be compensated.

b) The journey could not be completed: in the event SJ has been unable to offer a substitute connection through the ordinary traffic offering or any other substitute carriage, the entire ticket fare shall be refunded.

c) The journey has been rendered futile: In the event the journey to the passenger’s final destination station for the train journey with SJ will be delayed by more than 60 minutes, SJ shall offer the passenger the possibility to choose to continue the journey, receive a return journey free of charge, rebook the journey or receive a refund of the journey in accordance with the provisions of the Rail Passengers’ Rights Regulation. If the passenger does not choose to continue the journey in accordance with 13.2.b) above, SJ shall refund the passenger an amount corresponding to the full ticket fare in accordance with the same terms and conditions as upon purchase, in respect of the part or parts of the journey that are not completed, and in respect of the part or parts that are completed where the journey has been rendered futile in light of the passenger’s original purpose with the journey. In addition, where relevant the passenger shall receive a return journey free of charge to his or her departure station as soon as possible.
A journey shall be deemed rendered futile if the passenger has chosen to discontinue the journey and has returned to the departure station or returned to the departure station not later than with the first connection 30 minutes after arrival at the passenger’s original destination station.
If the journey has not begun due to having been rendered futile, the entire ticket fare shall be refunded.
The entitlement to a refund in accordance with this subsection c) shall not apply in respect of holders of a pass valid for a fixed period (period pass).

d) Compensation in the event of delay: Where a passenger with a ticket which is not a fixed period pass is affected by a delay between the departure station and destination station stated on the ticket, and refund has not been made in accordance with subsections b) and c) above, he or she shall be entitled, while retaining a right to carriage and assistance, to receive compensation for the delay on the following terms:

  • 25 per cent of the ticket fare in the case of a delay lasting 60 - 119 minutes.
  • 50 per cent of the ticket fare in the case of delay 120 minutes or more.

A passenger with a period pass (e.g. a yearly pass) shall receive compensation comprising the part of the ticket fare (period pass) as specifically determined by SJ in respect of the type of pass held by the passenger. The relevant provisions are available on SJ’s website (www.sj.se/compensation rights) or provided by SJ’s Customer Service.

17 DISBURSEMENT OF COMPENSATION (LONG DISTANCE TRAINS)

17.1 When compensation in conjunction with a delayed journey is to be paid pursuant to section 16.1 d) in the form of refund of parts of the ticket fare, where the travel agreement covers outgoing and return journeys or several consecutive stretches of the journey, the compensation shall be calculated based on the ticket fare for the delayed part of the journey.

17.2 Compensation in conjunction with a delayed journey which comprises trains travelling a distance of less than 150 km and trains travelling a distance in excess of 150 km shall be calculated on each part in accordance with 16.1 d) and 21.1.b).

17.3 The compensation for the ticket fare may not be reduced by deductions for transaction costs, e.g. certain fees, telephone or postage costs.

17.4 The total compensation in accordance with section 16.1 a) – d) may never exceed the entire ticket fare. Holders of period passes may never receive in total during the validity period of the pass a price reduction which exceeds the price he or she has paid for the period pass.

17.5 Compensation shall be disbursed in cash to the traveller within one month from the day on which the request for compensation was received by SJ.

17.6 In the event that a journey is purchased within the scope of a corporate agreement with SJ, compensation shall be paid to the company pursuant to the Travel Terms and Conditions where separately agreed in the corporate agreement. In addition, compensation pursuant to the Travel Terms and Conditions for passengers participating in a group journey shall be disbursed to the party which placed the order for the group journey.

17.7 The minimum amount for payment of compensation shall be an amount in Swedish kronor equivalent, at the time of payment, to 4 Euros. However, the amount shall be rounded up to the nearest full SEK 10 kronor. No compensation less than this amount shall be paid.

D.2 LIABILITY IN THE EVENT OF TRAFFIC DISRUPTIONS FOR DOMESTIC TRAINS TRAVELLING A DISTANCE OF LESS THAN 150 KM (SHORT DISTANCE TRAINS)

18 SJ’S LIABILITY FOR INFORMATION, REFUND OF TICKET FARE AND INCURRED EXPENDITURES IN THE EVENT OF TRAFFIC DISRUPTIONS (SHORT DISTANCE TRAINS)

18.1 SJ’s liability in the event of traffic disruptions includes an obligation to provide the passenger with information in accordance with B 2 .1 above as well as compensation for reasonable costs in the event of alternative carriage. The liability also includes refund of the ticket fare in certain cases. Compensation shall not be paid for loss of value, such as loss of income or other economic value, nor for non-pecuniary loss and consequential loss

18.2 SJ shall, however, be discharged from liability to compensate where:

a) the traffic disruption was known to the passenger through information published by SJ regarding cancelled departures or delayed departure times at least three days prior to the time of departure as set forth in the published timetable. The aforesaid shall not, however, apply if the journey’s arrival time at the destination station is stated on the ticket

b) SJ shall not be liable where a passenger’s delay is attributable to error or negligence on the part of the passenger, such as when the passenger misses the train’s departure time, takes a seat on the wrong train or in the wrong part of the train, or fails to alight at his or her change station or destination station.

19 CASH COMPENSATION TO THE PASSENGER FOR EXPENDITURES AS A CONSEQUENCE OF TRAFFIC DISRUPTIONS (SHORT DISTANCE TRAINS)

19.1 Where, in conjunction with a journey, there is reasonable cause to believe that the journey will be delayed by more than 20 minutes, the passenger shall, upon submission of a receipt or equivalent, be entitled to compensation in cash for reasonable costs incurred for other carriage to reach the final destination of the journey.

19.2 The maximum compensation is 1/40 of the price base amount in accordance with Chapter 2, section 7 of the Social Insurance Code applicable in the year when the journey should have been concluded. Compensation shall not be disbursed to any representative with exception of co-passengers and/or family members.

19.3 In the event the passenger has not paid for the journey, SJ shall be entitled to deduct the cost which the passenger would have incurred had he or she paid for the journey.

20 LIABILITY TO REFUND TICKET FARE IN THE EVENT OF QUALITY SHORTCOMINGS AND TRAFFIC DISRUPTIONS (SHORT DISTANCE TRAINS)

20.1 SJ shall be liable to refund to the passenger a reasonable part of the ticket fare (price reduction) in respect of quality shortcomings in accordance with section 21.1.a).

20.2 In the event of traffic disruptions, SJ shall be liable to refund the passenger all or parts of the ticket fare in respect of such traffic disruption in accordance with the provisions in with section 21.1.b).

21 TIME AND AMOUNT OF REFUND (SHORT DISTANCE TRAINS)

21.1 The refund obligation may relate to all or parts of the ticket fare. For passengers travelling on a period pass, the refund amount constitutes a proportionate part of the price for the period pass. Payment shall be refunded as follows:

a) Quality shortcomings: In the event the passenger is caused discomfort or inconvenience during the journey due to shortcomings in service, equipment, order or hygiene in the means of carriage for which SJ bears responsibility, the company shall refund a reasonable part of the ticket fare. Discomfort or inconvenience that passengers cause each other shall not be compensated.

b) Compensation in the event of delayed journey: If a journey is delayed by more than 20 minutes and the passenger does not request compensation in accordance with section 19, he or she shall be entitled, with a retained right to travel by train, to a price deduction of

  • 50 percent of the fare that the passenger has paid for the journey, if the delay lasts more than 20 minutes;
  • 75 percent of the fare that the passenger has paid for the journey, if the delay lasts for more than 40 minutes; or
  • the entire fare paid by the passenger for the journey, if the delay lasts more than 60 minutes.

If it is not clearly evident which fare the passenger has paid for the journey, the price deduction shall be calculated based on the price for a single ticket for the passenger. If, in such case, the passenger has used a ticket which entails a discount compared with a single ticket, SJ shall be entitled to reduce the price deduction in proportion to the discount.
A passenger with a period pass (e.g. a yearly pass) shall receive compensation comprising the part of the ticket fare (fixed period pass) as specifically determined by SJ in respect of the type of pass held by the passenger. The relevant provisions are available on SJ’s website (www.sj.se/compensation rights) or provided by SJ’s Customer Service.

22 DISBURSEMENT OF COMPENSATION (SHORT DISTANCE TRAINS)

22.1 Where compensation in the event of delay is payable pursuant to section 21.1.b) the form of refund of all or parts of the ticket fare, the price deduction shall be calculated on the journey as a whole.

22.2 Compensation in conjunction with a delayed journey comprising trains travelling a distance of less than 150 km and trains travelling a distance in excess of 150 km shall be calculated on each part in accordance sections 21.1.b) and 16.1.d).

22.3 The total compensation in accordance with section 21.1.a) and b) may never exceed the entire ticket fare. Holders of period passes may never receive in total during the validity period of the pass a price reduction which exceeds the price he or she has paid for the period pass.

22.4 In the event that a journey is purchased within the scope of a corporate agreement with SJ, compensation shall be paid to the company in the form of a price deduction pursuant to the Travel Terms and Conditions where separately agreed in the corporate agreement. In addition, compensation pursuant to the Travel Terms and Conditions for passengers participating in a group journey shall be disbursed to the party that place the order for the group journey.

D.3 LIABILITY IN CONJUNCTION WITH COMBINED JOURNEYS

23 REACH YOUR DESTINATION GUARANTEE

23.1 A journey with SJ which comprises several Short Distance Trains or Long Distance Trains and Short Distance Trains constitutes a combined journey if a composite ticket has been issued for the journey. In addition to the rights set forth above, in the event of traffic disruptions SJ offers a Reach Your Destination Guarantee. For a combined journey comprising several Long Distance Trains, corresponding rights are set forth in section D.1 above.

23.2 The Reach Your Destination Guarantee means that SJ will take care of the passenger during the journey and guarantees that, if the passenger so wishes, he or she will arrive at the destination station for the journey with SJ as soon as possible.

23.3 The Reach Your Destination Guarantee also means that SJ is liable to offer the following:

a) Propose and organise alternatives: If the passenger is unable to commence or complete the journey or if the journey will be delayed by more than 60 minutes in arriving at the destination station for the train journey with SJ, the passenger has a possibility to choose one of the following alternatives:

1. To continue the journey or rebook the journey to the destination station for the train journey with SJ as soon as possible and on equivalent terms and conditions.

2. Not to commence, or to discontinue, the journey and receive a refund in accordance with section 24.

b) If the passenger has chosen to continue the journey, SJ shall organise 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 organised and implemented within a reasonable time, SJ shall offer the passenger a journey free of charge, combined in the same manner as the original journey, as soon as possible on the same day or on such later day as the passenger chooses.

c) Lodging: If, as a consequence of a delay, the passenger has missed the final scheduled connection for the day to the destination station for the train journey with SJ, SJ shall offer the passenger lodging and, as required, carriage to the lodging. In the event SJ is unable to offer lodging and carriage, the passenger shall be entitled to compensation to a reasonable extent, against submission of a receipt. Lodging shall not be offered, nor shall compensation be provided for it, in the event the passenger chooses to discontinue his or her combined journey. However, if the passenger is on a return journey after the original journey proved to be futile according to section 24.1 b) below, the offer shall be extended as above.

23.4 The Reach Your Destination Guarantee shall not apply where the delay is attributable to error or negligence on the part of the passenger, such as when the passenger misses the train’s departure time, takes a seat on the wrong train or in the wrong part of the train, or fails to alight at his or her change station or destination station.

24 REFUND OF TICKET FARE IN CONNECTION WITH THE REACH YOUR DESTINATION GUARANTEE

24.1 The refund obligation may relate to all or parts of the ticket fare. For passengers travelling on a period pass, the refund amount constitutes a proportionate part of the price of the period pass. Payment shall be refunded as follows:

a) The journey could not be completed: SJ has been unable to provide a substitute connection in accordance with the provisions of the Reach Your Destination Guarantee. In such case, the full ticket fare is refunded.

b) The journey has been discontinued or rendered futile: If the passenger choose not to continue the journey with SJ in accordance with 23.3.b) above, SJ shall refund the passenger an amount corresponding to the full ticket fare in accordance with the same terms and conditions as upon purchase, in respect of the part or parts of the journey that are not completed, and in respect of the part or parts that are completed where the journey has been rendered futile in light of the passenger’s original purpose with the journey. In addition, where relevant the passenger shall receive a return journey free of charge to his or her departure station as soon as possible.
A journey shall be deemed rendered futile if the passenger has chosen to discontinue the journey and has returned to the departure station or returned to the departure station not later than with the first connection 30 minutes after arrival at the passenger’s original destination station.

24.2 SJ shall not be liable to refund where the traffic disruption was known to the passenger by virtue of information that he or she received prior to the ticket purchase. The aforementioned shall apply where, notwithstanding the traffic disruption or following a rebooking, the passenger arrives at the destination station for the train journey with SJ on time or subject to a delay of less than 60 minutes.

24.3 In conjunction with the refund of all or parts of the ticket fare, the compensation shall be calculated based on the journey as a whole.

E. MISCELLANEOUS

25 COMPLAINTS

25.1 In the event a passenger wishes to complain about a circumstance which entitles him or her to compensation pursuant to the Travel Terms and Conditions, he or she 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 two months from the date on which the journey was taken, submit a claim to SJ's Customer Service or via SJ's website (www.sj.se) or otherwise in writing to SJ.

25.2 Information regarding how and where a passenger may submit a claim for compensation or a price deduction from SJ is provided by SJ Customer Service and SJ’s on-board train staff. Information is also available on www.sj.se.

25.3 A passenger who claims that an agreement regarding compensation has been reached between the passenger and SJ’s on-board train staff, or staff at a staffed point of sale, which provides the passenger with the greater rights than under these Travel Terms and Conditions, must be able to prove such by the agreement being noted on the ticket or other written document.

26 PROCESSING OF PERSONAL DATA

SJ is the data controller with respect to the processing of the personal data of the passenger. You can read how SJ processes personal data and the rights you have under the personal data legislation at www.sj.se/data protection.
 

27 DISPUTE RESOLUTION

27.1 Any dispute regarding the interpretation or application of these Travel Terms and Conditions shall be adjudicated by a court of general jurisdiction.

27.2 In the event a passenger has requested adjudication of a dispute with SJ by the Swedish National Board for Consumer Complaints (ARN) regarding a claim for compensation pursuant to these Travel Terms and Conditions or otherwise, and such claim is made within the limitations period for the claim, SJ and the passenger shall await ARN’s decision before bringing any legal proceedings. 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.

28 ENTRY INTO FORCE

28.1 These Travel Terms and Conditions shall enter into force on 2018-10-08 and apply to journeys booked commencing on that date.

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1) See http://www.samtrafiken.se/tjanster/ledsagning

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