Disputes unrelated to the transport contract
The Mediator cannot intervene in cases involving:
- personal injury (for example, a fall while boarding or getting off a train);
- disputes that do not fall within the carrier’s customer service department’s initial remit (for example, if you live near railway facilities and are affected by noise or other disturbances);
- disputes relating to the contractual relationship between you and companies providing catering services on board, such as the bar car.
Excluded penalty notices and offences
The Mediator cannot intervene in cases involving:
- offences that may lead to a criminal complaint for habitual travel without a valid ticket (Article L2242-6 of the Transport Code);
- offences related to a criminal offence;
- railway transport offences in the first four categories recorded by:
- a carrier other than SNCF Voyageurs;
- the railway security service (SUGE);
- the infrastructure manager or a passenger station manager.
What should you do in this situation?
You may submit a formal objection within three months of the offence being recorded, so that your case can be referred to the public prosecutor for review, pursuant to Article 529-5 of the Code of Criminal Procedure.
- Contact the relevant department of the carrier concerned for penalty notices issued by another carrier.
- Contact the Recovery Centre for penalty notices issued by SUGE, the infrastructure manager or a passenger station manager.
Disputes handled by another organisation
The Mediator cannot examine:
- disputes that fall within the remit of another Mediator with whom an agreement on the division of responsibilities has been signed;
- disputes for which a criminal complaint has already been filed;
- disputes that are already the subject of court proceedings.
Specific cases involving Eurostar
The Mediator cannot intervene in disputes relating to ancillary services offered by Eurostar as part of a transport contract where their delivery is subject to technical issues or factors unrelated to railway operations.
Examples include:
- a Wi-Fi malfunction;
- the absence of magazines or other additional services on board.
Package holidays (train + hotel)
Disputes relating to package holidays that include a rail service should be referred to the Tourism and Travel Mediator.
Contact the Tourism and Travel Mediator
By post:
Tourism and Travel Mediator
BP 80 303
75 823 Paris
Cedex 17
Other exclusions provided for by law
More generally, mediation is not available for any dispute that is excluded from mediation under Article L. 612-2 of the Consumer Code.