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Passenger Regulations - Metro de Málaga

Passenger Regulations

Regulations of Metro de Málaga

1. PRELIMINARY SECTION: Objective

Article 1.- The aim of these regulations is to set out the general conditions of use, and the rights of the users of Metro de Málaga.

2. METRO LINES

Article 2.- Current regulations shall apply to Lines 1 and 2 of Metro de Málaga.

3. FARE CONDITIONS

Article 3.- The Public Works Agency of the Junta de Andalucía (Agencia Obra Publica Junta Andalucía – AOPJA) is responsible for the annual approval of the applicable fares and for the authorization of any modification to the published tariffs.

4. PROVISIONS OF THE SERVICE

SECTION I. The rights of users

Metro de Málaga Regulations

Article 4.- Metro de Málaga undertakes to keep users informed about specifications of the service they provide and any possible incidents.
Article 5.- By virtue of Law13/2003, of 17 December, The Defence and Protection of Consumers and Users in Andalusia,and in Article III of Law9/2006 of 26 December relating to The Railway Services Act of Andalusia. The users of Metro de Málaga have the following rights:

a.    To choose between the different type of tickets according to the current fares and established conditions of use.
b.    To be conveyed with a valid travel ticket together with articles and items of hand luggage they may be carrying providing these do not pose any inconvenience or danger to other users, and the prohibitions set out in these regulations.
c.    Should the service be suspended passengers have the right to discontinue their journey and are obliged to obtain proof of the incident as established in Article 18 providing that the request is made immediately after the said incident by contacting the station staff or offices intended for that purpose.
d.    To be treated courteously by the staff of Metro de Málaga and have their requests for help and information attended to by the same.
e.    To request and duly complete the complaints book at all the stations and at the Customer Service Office, where any complaint, claim or suggestion with regard to the features of the Metro de Málaga services as laid down in Article 28 of the current regulation may be freely expressed. Other ways to submit claims, complaints and suggestions are:

  • By post:

Customer Service Department at Headquarters
Metro de Málaga, S.A.
Camino de Santa Inés s/n
29590 Málaga

  • Customer Service Office Metro Málaga , located in El Perchel station

Telephone: 902 11 22 33

f.    To receive a reply from Metro de Málaga to the submitted complaint within a maximum period of ten working days from the day following receipt of the complaint or claim.
g.    To transport bicycles free of charge, in the spaces designated for the same, according to the conditions established by Metro de Málaga. Company staff have the right to disallow carriage of the same if deemed an inconvenience to other users. See Annexe 1, “ACCESS TO METRO NETWORK WITH BICYCLES”.
h.    To transport articles (child safety seats etc.) free of charge, under the conditions determined by Metro de Málaga always providing that duty staff do not deem the article to be a detriment or inconvenience to other users due to highpassenger numbers. Child safety seats will always be authorized and permitted.
i.    For the visually impaired to travel with a guide dog and for the disabled to travel with assistance or support dogs, subject to prior accreditation of the disability of the passenger and the corresponding documentation for the dog. See Annexe 2, “ACCESS TO METRO NETWORK WITH DOMESTIC ANIMALS”.

SECTION II. Responsibilities of the service provider Metro de Málaga for Lines 1 and 2.

Metro de Málaga Regulations

Article 6.- The service provider, as the operating company of Lines 1 and 2 of Metro de Malaga, is obliged at all times to comply with and enforce all the provisions of these Regulations, in the manner that is considered appropriate at all times, on each line, by the technical means available and the existing organizational structure and always corresponding to the objectives of the applicable regulations.

Facilities, equipment and staff of Metro de Málaga

Article 7.- Both the trains and any facilities to which the public have access – exterior entrances, concourses, stairs, platforms and others – should be maintained to a level that will permit comfort, good lighting, hygiene, order and safety.

Article 8.- The facilities and the trains shall be cleaned at least once a day. In addition disinfection, decontamination and rodent control shall be implemented in accordance with current legislation and the relevant certificates displayed in a visible location.

Article 9.- When there are building or repair works in progress during service hours or when such works necessitate the positioning of materials, machinery or tools in public areas used by passengers the necessary measures will be taken to inform the general public and minimise any likely inconvenience.

Article 10.- The trains and all the public facilities are equipped with an alternative emergency lighting system.

Article 11.- All the stations shall be equipped with a public address system to inform users of any incidents.

Article 12.- Metro de Málaga will announce to users, using all available means and in the shortest possible time, of any incidence or information relevant to the service.

Article 13.- Staff of Metro de Málaga must at all times, treat passengers correctly and deal courteously with any request for help or information that may be requested.

Metro de Málaga Regulations
Transport services and incidences

Article 14.- The timetables shown at the stations, shall define:

a.    The frequency of the trains.
b.    The arrival time at each station of the first and last train of the day and the arrival time at each station when the running frequency is fifteen minutes or more.

Article 15.- The operating Company will establish the type of travel tickets with the prior approval of the organisation deemed competent to determine the applicable fares of Metro de Málaga.
For this purpose, travel tickets shall take into account not only the tickets and season tickets acquired by users by means of payment, but also those travel passes which have been granted to different groups.

Article 16.- Travel tickets may be for a single trip, for several trips, for a defined time, monetary rechargeable cards or any other type of travel ticket, the charge for each trip will be discounted from the balance. Likewise travel tickets shall be for the exclusive use on Metro de Málaga or compatible with other public transport services, in the event of a fare integration process.

Article 17.- Metro de Málaga shall be responsible for the design, shape and specifications of the travel tickets.

Article 18.- Metro de Málaga staff shall when necessary, and when requested by the user, issue documentation showing certain circumstances.

a.    In the event the service is suspended (in excess of 1 hour).
b.    When the interval time between trains exceeds fifteen minutes and for which the Service Timetable states less than eight minutes.
c.    When an interval of more than double that specified for those journeys for which the Service Timetable specifies periods between trains of more than eight minutes. The documentation should be requested immediately after the incident occurred.

Article 19.- When there is a suspension of service or other incidents, the entrance doors to the concourses or to the platforms may be closed to the general public, for as long as is deemed necessary.
In the event of suspension of the service or of incidents, the affected line and the estimated delay time or anticipated delays will be announced by the means available such as the public address system, display screens, etc.

Article 20.- Users disembarking the trains shall have priority over those who wish to board. The accoustic and illuminated signals of the train doors will indicate the imminent closing of the doors and at this time users are prohibited from entering or leaving the train

Article 21.- Users with reduced mobility shall always have priority in the use of the lifts in Metro de Málaga.

User information

Article 22.- The timetable showing the starting and finishing times of the trains shall be posted on the concourse at every station and on the platforms throughout the network.

Article 23.- A list showing current fares, rates and term of use for the different types of travel ticket, shall be posted on the concourse of every station and platform of the network.

Article 24.- The public will be advised with sufficient advance notice of authorised changes relating to fares due to a modification in price, types of travel ticket or the terms of use.

Article 25.- So that passengers may have sufficient knowledge of the entire network, the necessary information will be posted at suitable points in the stations showing train itineraries and connections with other means of transport, access, the actual and destination stations.
On the concourse of every station before the ticket validation machines, there will be an information board showing: the network map, opening and closing times of the station, timetable and/or frequency of the trains, details of ticket types with the fares and conditions of use of the same, the Rules and Regulations and other specific information.

Article 26.- At the surface stations the necessary information will be posted at suitable points so that passengers may have sufficient knowledge of the entire network, train itineraries and connections with other means of transport, access, the actual and destination stations, as well as an Information Board showing: the network map, starting and finishing times of the station, timetable and/or frequency of the trains, details of ticket types with the fares and conditions of use of the same, the Rules and Regulations and other specific information.

Article 27.- When there is a planned cancellation on one, or of various sections of a line, information advising the general public will be posted at the concourse entrance and on the platforms.
When the cancellation of the scheduled service is unexpected the general public shall be informed at the earliest opportunity by means of electronic screens at the concourse entrance.

Metro de Málaga Regulations
Claims and complaints

Article 28.- Users are able to submit their claims and complaints with regards to the service, in writing, by means of the corresponding Claims and Complaint Forms which are available at every station and at the Customer Service Office, or by electronic means (digital signature/certificate).
On the sign showing that Complaints and Claims Forms are available for whoever requests them, and in the event an electronic system becomes available, they shall be in accordance with Decree 72/2008, of March 4th” of that same year, and the Regulation of Complaints and Claims forms of the users and customers in Andalucía and the relative administrative actions.
Both parties shall complete the corresponding documentation with the relevant information as required on the Complaints and Claims form, in addition to expressing that which is considered inappropriate.
Once the documentation is complete the claimant shall provide the appropriate copies “for the Administration” and “for the Company” and keep the copy “for the claimant”.

SECTION III. Obligations of the user

Metro de Málaga Regulations

Transport tickets

Article 29.- Every passenger must be in possession of a valid ticket whether on the train or in public areas located after the ticket validation machines. The user, before starting the journey, must validate the ticket in the aforementioned machines without which, it shall not be valid.
In the case of above ground stations, ticket validation will take place using the external validation machines located in close proximity to the ticket dispensing machine on the station platform.
Minors under three years and all those other users shown in the current list of fares displayed in the stations are exempt from having the corresponding ticket.
Once the ticket has been validated and throughout the journey, until leaving Metro de Málaga facilities, passengers must retain their tickets, which should be shown to any Metro Málaga personnel who may ask for it.
Not having a valid ticket, having exceeded the validity period or not having validated the ticket at the entrance and where it is available at the exit, the user will be obliged to pay a surcharge according to that established in Article 37 of the current Regulations.
The failure by the user to observe the rules of use of travel tickets could give rise to the with drawal of the personalized ticket in the event this is applicable, and the loss of related benefits.

Users of occasional, multi-trip or rechargeable tickets shall be entitled to make their journey on lines 1 and 2 of Metro de Málaga within 90 minutes of validating the ticket. After which time the user of the said ticket shall be deemed as a user without a valid travel ticket.

A ticket is not considered to be a valid travel ticket when it has undergone any manner of tampering or alteration, nor will a personalised travel ticket be considered valid when not accompanied by the corresponding identification document.

Children will be subject to the payment of travel tickets from the day of their third birthday and must always travel accompanied by an adult throughout the entire journey.

Article 30.- Users are obliged to maintain their tickets in an undamaged state whilst they are valid. Users will be considered responsible for any damage caused to the travel ticket which has successfully been validated on two prior occasions.

Article 31.- In event of the travel ticket being damaged due to causes attributable to the user or to improper use; the said ticket may be changed at the established point sand as determined under the current fee schedule, the user being responsible for the relevant charge.
In the event of loss or theft of a personalized travel ticket the user will have the right to have the original travel ticket replaced upon payment of the said amount as established in the current schedule of fees.

Article 32.- Tickets damaged for reasons not attributable to the user and not breaching the obligation of maintaining them in good condition, will be exchanged by Metro de Málaga.
Metro de Málaga will issue to the user an equivalent travel ticket (with the same balance, validity, zone, number of pending trips, etc.) with no charge to the user. The request for the issue of a new travel ticket must be submitted at those points shown on the current schedule of fees.

Article 33.- At the point of sale or recharge of the travel ticket the passenger must verify that the correct travel ticket has been issued at the correct price. If it is deemed that there has been an error in the ticket price or the change given by ticket dispensing machines the passenger must report it to the station personnel, who will make the relevant checks to clarify the incident. If personnel of Metro de Málaga are not to be found on the station the incident should be reported by means of the station intercom.
In the event that the amount claimed does not appear in the ticketing machine, or the incident has not been registered, a claim can still be made.
Late claims shall not be considered with the exception of special cases which are duly substantiated.

Article 34.- Users who purchase or cancel a ticket having been informed of the existence of any cancellation or incident within the service shall not be entitled to change their ticket.

Article 35.- At no time will Metro de Málaga be responsible for any advertising which may be displayed on a travel ticket. This advertising must however observe current regulations relating to advertising.

Article 36.- Users must show, and if asked to do so by the staff of Metro de Málaga, present for inspection a valid ticket. If a ticket has been damaged or has been tampered with or altered in any way it will not be deemed valid for travel.

Article 37.- Users lacking a valid ticket will be required to pay an additional charge in respect of the service used or intended to be used, the amount corresponding to 40 times the price of a single ticket. For this purpose a user will be considered to be lacking a valid ticket if the user has travelled on the network more than the designated ninety minutes from validation of the said ticket or who has not validated the ticket at the entry or exit points.

The company by means of the designated personnel is entitled to levy on the user the charge specified in the preceeding paragraph, a receipt of payment will be issued by the Customer Office (OAC).

If no such payment is made to personnel authorized by the company, the user’s personal data will be requested and a ticket surcharge notification issued which may be paid at those points shown in the current Schedule of fees within a period of 10 days.

If within the said period payment is not made Metro de Málaga will carry out the necessary formalities with the Public Works Agency of the Junta de Andalucía (Agencia Obra Publica Junta Andalucía – AOPJA) that the appropriate disciplinary procedure may be initiated.

In the event the holder of the retained ticket does not pay the required surcharge no form of personalised ticket will be issued by Metro de Málaga regardless of ticket type.

In the event of repeated infringements the user loses the right to hold a new Metro de Málaga ticket regardless of ticket type.

In addition to the imposition of the above mentioned charge, if the incorrect use of a travel ticket is found to have taken place, the said ticket may be withdrawn by the personnel of Metro de Málaga.
In the event of tampering and/or forgery of a ticket, Metro de Málaga shall take the appropriate proceedings in order to pursue the claim by means of the initiation of the relevant disciplinary proceedings.

Article 38.- When a change of tariff due to price modification is implemented, the types of tickets and conditions of use will be duly informed to users.

The expiry date of tickets with outstanding trips not yet taken shall be without a predetermined expiry date, which will expire on the date of fares changes, notwithstanding that the tickets may be used for a given period.

Travel with tickets showing a specific expiration date will be valid until that date.

There will not be under any circumstances, an exchange of tickets held by the users for travel not undertaken by the decreed date, nor will the value of the outstanding value of the tickets be refunded upon reaching the expiration date or aforementioned validity.

The balance on the monetary tickets will continue to be available from the date of fares changes, the newly authorized amount of the journey will be discounted from the ticket.

The use of facilities

Article 39.- Users will be subject to the regulations and prohibitions referred to in Title VI of Act 2/2003 of 12 May of the same year, of the Regulation for Urban and Metropolitan Passenger Transport in Andalusia, and Title VII of the Act 9 / 2006 of December 26, the Inspection and Sanction Schedule of AndalucíaRailway Services.

Article 40.- Users should maintain a correct and respectful demean our with other users and staff of the company operating the service, and avoid any action that may involve damage or mistreatment of the trains or facilities of Metro de Málaga. Specifically, the following is strictly prohibited and must be complied with:

a.    Smoking on the trains and within the facilities of Metro de Málaga.
b.    Travelling with animals, of any sizeor type, except for those listed in Annex 2 “PETS WITHACCESSTO THEMETRO NETWORK”, i.e.guidedogs, assistance dogs for the disabled, all of which must carry there levant permissions and the dogs of the security personnel.
c.    Eating and drinking within any facility of Metro de Málaga, including platforms and trains.
d.    The use of roller skatesor similarwithin the facility.
e.    Going onto the tracksor entering the tunnels.
f.    Carrying objects or materials that may be hazardous or a nuisance to other users and, in general, any package or bag which measures more than 100x60x25cm,or greater than 20kg, with the exception of pushchairs or baby seats and bicycles. The company providing transport services may however authorize the transport of certain every day objects the measurements of which are greater than those previously determined, setting specific conditions on the use of service for the carrier.
g.    The use, without just cause, of the emergency stop buttons on escalators and in lifts, in addition to the misuse of the same
h.    To travel in areas that are designated for authorised personnel only or are deemed in unfit condition. Also included in this section:

•    Leaning out of the train windows.
•    To get on any exterior part of the train and try to hold onto the train either moving or stationary.
•    Enter the drivers cabs of trains or the units and facilities reserved for use by the operating company staff or authorised personnel.

i.    Try to enter or exit the train after the warning sound has been given which advises of closing doors.
j.    Get on or off the vehicle while it is moving.
k.    Prevent or force the opening or closing of the access doors to the vehicles.
l.    Handling of the mechanisms for the opening and closing of the access doors to the vehicle or any of the sections provided for exclusive use of the operating company personnel.
m.    Make use, without due cause, of any security or safety mechanisms installed in the vehicle designated for emergency use.
n.    Disrupt other users, disorderly conductor disrupt the services of the operating company. Thus, the ban on roller skates or similar, and use of stereos or radios without earphones must be heeded.
o.    Carry out, without justification, any actthat distracts the attention of the staff of the company or hinders their work when the vehicle is in motion.
p.    Any behaviour that endangers the physical safety of other users or may be considered disturbing or offensive to the said users or to the personnel of the company.
q.    Any action that entails deterioration or causes dirt on the vehicles, and generally harms the interests of Metro de Málaga.
r.    Throwing or placing objects at any point on the track,its surroundings and adjoining premises or the trains or public, and in general,any act that poses a threat to rail safety, staff or user, facilities and installations of all kinds.
s.    Manipulate, destroy or damage directly or indirectly, any part of Metro de Málaga.
t.    Remainingin Metro de Málaga premises after the permitted hours designated for use of the public.
u.   Distribute advertising, free newspapers, post flyers, beg, and organize raffles or gambling and selling goods or services on trains, facilities or premises of Metro de Málaga without the express permission of the operator.
v.    Disregarding the warnings the staff or subcontractors of Metro de Málaga, the signs located on the premises and rolling stock, with regard to the proper provision of service.
w.    The making, taking, recording, etc.of images and sounds of the facilities of Metro de Málaga without written authorization by the Operations Management. Such authorization must be shown to any company employee when requested.
x.    Take anyother action that may pose a danger to the safety of the railway, of other users, the staff of Metro de Málaga, resources and facilities of any kind.
y.    Traveling without the appropriate ticket or transport card.
z.    Leaving the train or climbing the same, except for just cause, outside of the established stations when the train is stopped or running.
aa.    Sitting, running, or resting feet on the fixed side of the escalator. In addition, children under 4 years old must be under the control of an accompanying adult.
bb.    Any other detail shown in this Regulation and those that appear incorporated in the applicable legal regulations referred to in the afore mentioned Article 39.

Metro de Málaga Regulations
Infringementsand penalties

Article 41.- Failure on the part of users to abide bythe obligations, prohibitions and mandates provided forin thisRegulation, and misconduct,as defined in Articles39, 40 and 42 of Law2/2003 of12 May of the same year, Regulation for Urban and Metropolitan Passenger Transport in Andalusia, and in Articles 33, 34 and 35 of Law9/2006, of 26 December of that year, Railway Services Andalucía, shall be considered infringements.

Article 42.- The infringements referred to in the afore mentioned article will be sanctioned according to Article 44 of Law2/2003 of 12 May of that same year, and where appropriate, in accordance with Articles 36 and 37 of Law 9/2006 of December 26, Andalucía Railway Services

Article 43.- The procedure to sanction the infringements described in this Law shall conform to the provisions of Law30/1992 of 26 November, Legal System of Public Administrations and of the Common Administrative Procedure and its regulations, taking into account, where appropriate,the specifications for the infringement procedure in Article 40 of Law9/2006, of 26 December, Railway Services Andalusia.

Article 44.- The imposition of the corresponding sanctions hall be independent of the obligation to indemnify damages caused.
With regard to the implementation of sanctions the general rules will be applicable as set out in the Systemof Public Administration Law and Common Administrative Procedure together with other applicable laws in force.

Article 45.- The ability to sanction misconduct as set out in the present Regulations shall be prescribed within the time and in the manner laid down in Articles 43 and 50 of Law2/2003 of12 May of that same year, and Article 42 of the law 9/2006, of2 6 December of that year, Railway Services Andalusia.

Article 46.- The operator of Metro de Málaga is authorized to report infringements, to lodge them with the appropriate authority in order to, where applicable, initiate the relevant disciplinary proceedings andto recover the amount of the additional costs payable by the users under this Regulation.

5. ANNEX 1. ACCESS TO THE METRO NETWORK WITH A BICYCLE

Bicycle access to all underground and surface stations on the Metro de Málaga network is permitted.For the proper use of the facilities and to avoid in convenience to other users the following terms of use should take into consideration:

  • 1. Only one bicycle per user will be allowed.
  • 2. Access with a bicycle can be refused when circumstances warrant the same: large passenger numbers, breakdowns and other incidents, that which impedes the transit and the mobility of users within the facility.
  • 3. Train journeys will be made inside the carriages which are specifically identified for the same, permitting only two bicycles per carriage. Metro de Málaga staff will be responsible for regulating this by means of the controls at their disposal.
  • 4. The use of bicycles on Metro de Malaga facilities is prohibited (Concourses, platforms, etc.).
  • 5. Transporting bicycles on escalators and lifts is permitted always providing that the occupancy of such facility does not impede other users. Disabled users and pushchairs will always have preference when using the lifts.
  • 6. The passenger travelling with a bicycles hall be responsible for the custody and care of the same, avoiding any inconvenience to other users. Metro de Málaga is not responsible for any damage or loss that may occur and will not be liable for damages caused to, or claimed by, third parties.
  • 7. These regulations may be modified if deemed necessary by Metro de Málaga for an improved public service.
  • 8. Bicycle access to the platforms will be by the disabled access points.
  • 9. Folding and children’s bicycles will be considered hand luggage.

6. ANNEX 2. ACCESS TO THE METRO NETWORK WITH DOMESTIC ANIMALS

With the exception of those listed below, animals are, as a general rule, not permitted access the Metro Network:
Access with small domestic animals in pet carriers.
Access with small domestic animals(dogs,cats, birds, rodents, etc.), provided that they are transported in suitable carriers and not deemed dangerous or annoying by their form, size, noise and odour to other users will be permitted.
Metro de Málaga personnel will prudently assess danger or disturbance in each individual case, taking into account the animal and/or pet carrier, as with any other baggage, objects or packages.
In addition, users with pets should note the following:

a.    The maximum weight of the animal shall be 10Kg.
b.    Access is prohibited to those animals considered as exotic (reptiles, spiders, insects, etc.).
c.    Access to facilities and trains is prohibited for dogs considered potentially dangerous
d.    The owner or carrier of the animal shall be solely responsible, including third party claims, for any incident or damage that may arise as a result of the behaviour of the animal.
e.    One animal shall be allowed per passenger and may not occupy a seat.
f.    Metro de Málaga reserves the right to limit the admission of domestic animals during times of excessive passenger numbers (sports events, public holidays, special services, etc.)

Access with personal assistance dogs

2.1. Guide Dogs: access for guide dogs accompanying blind and visually impaired persons will be permitted.

2.2. Guide dogs in training: access for guide dogs in training accompanied by their trainers will be permitted. For accessto the facilities of Metro de Málaga the guide dogin training shall wear an official coat and the person responsible for the dog shall carry a document showing accreditation from the ONCE Foundation as instructor and trainer of the said dog.

2.3. Dogs trained for special personal assistance: access todogs trained as special assistance dogs, accompanying persons having a disability for which assistance may be needed for personal safety or to warn of high risk situations are permitted. These dogs should always be under control and the person responsible must have documentation proving the need to be accompanied by an assistance dog and the corresponding certification of special training, for example a dog trained in the early detection of hypoglycaemia in diabetics.

 

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