In addition to RATP, the geographical scope of the RATP group Mediation officer's mission is extended to direct or indirect subsidiaries of RATP located in France that have contractually decided to call on the services of the RATP group Mediation officer.
The Mediation officer is also responsible for investigating disputes relating to Ile-de-France season tickets, as set out in the relevant general terms and conditions of sale and use.
The scope of the RATP group's Mediation officer's intervention means that a greater number of consumers are able to apply for this mediation service.
In what cases can you call on the Mediator?
If you have filed a complaint with the customer service of either RATP or one of its subsidiaries, with the RATP legal department or with the Navigo Agency, and are dissatisfied with the response or have not received a response, then you may file a complaint with the Mediator within one month.
1. The Mediator can intervene in the following cases…
…for all consumer-related disputes, including those regarding the sale of travel passes and tickets, or dealing with questions about the quality of service, or concerning breaches of regulations (for example, non-validation of a ticket or travel pass, illegal entering onto the network, etc.).
…for any national or cross-border disputes between a customer and RATP or one of its subsidiaries. >>>see contact information for the appropriate professional<<<.
These disputes fall within the provisions for consumer ADR (Alternative Dispute Resolution) provided by regulation no. 2005-1033 of 20 August 2015 and its implementing decrees, through the transposition of European Directive 2013/11/EU of 21 May 2013.
For any cross-border complaints concerning online purchases, the European online dispute resolution platform can be used to determine the mediator with jurisdiction over the cross-border dispute. The platform is now accessible in all European Union member countries at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
...for complaints arising from construction work, and even from the very operation of transport services within the urban environment, essentially due to noise or visual pollution.
However, since these disputes do not fall within the scope of the above-mentioned consumer ADR regulations, they are not processed in the same manner.
2. The Mediator cannot intervene in the following cases…
…for disputes pertaining to personal injury, criminal offences, or disputes that are subject to legal proceedings.
...for disputes:
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in which the customer cannot justify having first tried to resolve the dispute directly through a written complaint filed with the relevant customer service;
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in which the request is manifestly unfounded or abusive;
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that have already been examined or are in the process of examination by another mediator or court of law;
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in which the customer’s request for mediation is submitted more than one year after the initial written complaint was filed with the relevant customer service (or more than three months after the breach of regulations date, for breach of regulations-related complaints);
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that do not fall within its jurisdiction.
Under the provisions for consumer ADR (Alternative Dispute Resolution), mediation of consumer-related disputes does not apply in the following cases:
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disputes between professionals;
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complaints currently being handled by the relevant customer service;
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direct negotiations between the customer and RATP or the relevant subsidiary;
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court-ordered reconciliation or mediation efforts in consumer lawsuits;
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lawsuits filed by RATP or the relevant subsidiary against the customer.
Who can file a complaint with the Mediator?
You may file your complaint with the Mediator on your own initiative, or via an association.
The Mediator may be contacted when you esteem that you are in possession of all of the necessary elements to support your case.
Customers have the right to be represented – at their own expense – by the third party of their choosing during all phases of mediation. In such cases, the Mediator reserves the right to request evidence that the third party be duly authorised to represent the customer in question.
Customers may also solicit an expert’s opinion – again, at their own expense. Complaints may also be transmitted to the RATP Group Mediator by the Consumer Rights Commissioner or their delegates, the European Mediator, the Mediator of public companies and institutions, the Tourism and Travel Mediator, and others.