Fines amount to a total of Euro 845,000.

The Italian Competition Authority, at its meeting on 16 October 2008, decided to fine Trenitalia S.p.A. for improper commercial practices; overall, the fines total Euro 845,000.

In the Antitrust Authority's view, a number of separate aspects of Trenitalia S.p.A.'s conduct constitute commercial practices that run counter to professional diligence. In particular:

1. limitations in the manner of recognition and payment of a bonus when trains are late (fine: Euro 200,000). The Authority considers that the list of causes that negate Trenitalia's responsibility for delays (accidental events, meteorological or natural causes, orders from public authorities) is very broad and insufficiently defined, allowing Trenitalia to exercise wide discretion in acknowledging a customer's right to the bonus. The procedure, too, that the consumer must follow to obtain the bonus is more onerous than is justified: travellers have to obtain the correct form at the station or via the website and send their request within 30 days and the bonus must then be used within six months and only for the purchase of another ticket;
2. limitation on number of seats for Amica and Familia fares (fine of Euro 280,000). Trenitalia did not provide exhaustive information, or did so in a manner which was not easily accessible, regarding the real availability of the Amica and Familia fares which are presented to the public as normal and widely available fare options, whereas a limited number of places are offered based on criteria of a commercial and promotional nature according to the destination and load-factor of the trains;
3. improper denomination of types of train (fine of Euro 280,000). The denomination used to indicate the Eurostar City category of train was judged improper in that it was likely to cause the customer confusion. Specifically, the characteristics of those trains, whether in terms of facilities or in terms of travel times and intermediate stops, resemble the Intercity category rather than the superior Eurostar category of train;
4. incomplete information on Cartaviaggio loyalty program (fine of Euro 80,000). When customers purchase tickets and give their personal code, the program credits 50 points for every euro spent. Accumulated points allow customers to claim awards. The promotional brochure describing the characteristics of the loyalty program omits relevant information such as the expiration date of the points: this was adjudged improper;
5. availability of some services only by way of the call center (fine of Euro 5,000 - the statutory minimum). In order to access certain types of services, the customer must perforce contact the call center by way of a standard charged telephone call and does not have the option to use other channels that do not carry a charge, such as stations and travel agencies. As regards changes to bookings made and paid for using the ticketless method after the train's departure, Trenitalia, during the course of the proceedings, modified its procedures to allow the change to be made in the station as well. On this account, the Authority decided to levy the minimum fine provided for in the law.

Furthermore, the Authority held that the company's manner of communicating the various fines and penalties for breaches of the rules on board were not improper: at the time fines were increased from Euro 25 to 200 in September 2007, the company's information campaign was adequate to bring the new regulations to the attention of consumers.

Rome, 27 October 2008