Read ANNEX B APPLICATION FOR MEDIATION text version

ANNEX "B" APPLICATION FOR MEDIATION Mediations Office Trenitalia S.p.A. - Consumer Associations Piazza della Croce Rossa No 1-00161 Rome (Italy)

I, the undersigned ............................................................... born in .............................................................. county/province/state................ country ............. on ......................... resident in ..................................................................................... (county/province/state) ............. zip/post code .............. in via/piazza/street address........................................................................... Tax Code __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ Would like to be contacted at the following address (if different from my residence): via/piazza/ street address ................................... town............................. (county/province/state) ............ zip/post code .............. tel........................... fax*...................... email* .................................................. The report containing the outcome of mediation will be sent to the address above. WHEREAS On (date) ........................................... I submitted a complaint to Trenitalia S.p.A.: by .................................................................... (fax, registred letter etc.) regarding a journey on the train ....................... on ................ (state train type and number and journey date) regarding the following railway connection .................................................................... and concerning the following problem (please describe your complaint briefly, clearly and in legible handwriting): ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... Now, having received a reply I deemed unsatisfactory (on (date) ................ protocol no. ...............................) not having received a reply within the 60-day term. _____________________ * not compulsory

ANNEX "B" APPLICATION FOR MEDIATION I HEREBY REQUEST that the Joint Mediation Commission settle the dispute according to Current Mediation Procedure established by mutual agreement between Trenitalia and Consumer Associations (Memorandum of Understanding 04 March 2010)

I hereby aknowledge that I am aware of, and accept, the contents of the Mediation Procedure, and that I undertake to not take up any judicial or extrajudicial actions until the Mediation Commission discusses and decides on the matter. I give my Power of Attorney to negotiate the dispute's settlement on my behalf to the Consumers Association: ..................................... ........................., which has represention at national level and which is enrolled in list at the Ministry of Economic Development, through a representative designated by the same. I agree to notify, by registered letter, the Mediations Office of my acceptance or rejection of any mediation proposal identified by the Commission within 15 days of receiving its notification. Or if you want to give the Association also your proxy to close and settle the negotiation: I give my Power of Attorney to negotiate and settle the dispute to the Consumers Association: ....................................., which has represention at national level and which is enrolled in list at the Ministry of Economic Development, through a representative designated by the same, herewith approving any agreement signed by the same. I request: to not be heard by the Mediation Commission to be heard by the Mediation Commission

I herewith attach a copies of the following documentation on the matter of the dispute: 1) ticket 2) copy of complaint 3) copy of reply to claim 4) other (possible) documents: ......................................................................................... ....................... (specify documents enclosed)

ANNEX "B" APPLICATION FOR MEDIATION

Warnings: I the undersigned declare to be fully informed that: - At all times I have the right to refuse to participate in mediation or to withdraw from it, and go through the ordinary courts or other mechanisms for out-of-court settlement, subject to submitting a statement to this effect to the Mediation Office; - If, prior to submitting the application for mediation, I have already taken judicial or extrajudicial steps regarding the same event, I must notify the Mediation Office to such effect; - The outcome of mediation may be less favorable that that which could be achieved through a court procedure; - I have the choice of whether to accept the Mediation Commission's proposal; - The mediation report has the effect of a settlement agreement under Article 1965 of the Italian Civil Code; - The arguments, information and proposals relating to the dispute are submitted freely by me the customer, and Trenitalia, on a confidential basis.

Date................

Signature ........................

Information notice pursuant to Art. 13 of Law 196/03 As the Customer, I hereby agree that my personal data are processed by Trenitalia SpA as the "Information Asset Owner" (IAO) as per Legislative Decree No. 196 of June 30, 2003 (on personal data protection), for the purposes of the Memorandum of Understanding of 30/09/2008 and the formalities specified therein. I also authorize the representative of the Association of Consumers in the Mediation Commission investigating my case to disclose information and data (including through the provision of documents) which relate to me, and which are relevant or useful for examining the merits of the case. The failure on my part to grant consent means the matter cannot be admitted for mediation. My data will be in no way disseminated save for to the Responsible officer/s and, as entrusted officers, person designated by the above mentioned IAO. The IAO is Trenitalia SpA, with registered office in Piazza della Croce Rossa No. 1, - 00161 Rome (Italy). The data-managing office responsible for processing my data is Trenitalia's Vendita e Assistenza ("Sales and Assistance) N /I office, with address in Piazza della Croce Rossa 1, - 00161 Rome (Italy). I may apply to that office to exercise my rights under Art. 7 of Legislative Decree 196/2003, including - by way of example - confirmation of the existence of data relating to me as well as the datas' updating, correction, integration or deletion from the system, for lawful reasons. I may also contact that same office to know the names of any possible additional data-managing offices or Information Asset Owners. Signature..........................................

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ANNEX B APPLICATION FOR MEDIATION

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