General Conditions of the Contract of Carriage

These General Conditions of the Contract of Carriage (hereinafter, "General Conditions") establish the conditions governing the national High Speed passenger rail transport services provided by INTERMODALIDAD DE LEVANTE, S.A. (hereinafter, "ILSA" or "the COMPANY"), as well as other complementary services provided. 

In order to guarantee the safety of its customers, the COMPANY has a safety management system for which it has received the Safety Certificate as a railway company in compliance with the applicable requirements. Likewise, the COMPANY's vehicles and personnel have the authorisations, certificates and entitlement to carry out their functions. An Accident Aid Plan is also available. 

These General Conditions are available for consultation at the Customer Service and ticket sales offices at the stations (Casas iryo), on the website www.iryo.eu, on the mobile application, in the Call Centre, on the travel agency portal, as well as on other distribution channels authorised by the COMPANY.      

  1. Contract of Carriage

    By means of the Contract of Carriage, the COMPANY undertakes to transport the customer and the luggage in accordance with these General Terms and Conditions, against payment of the purchase price, from the station of origin to the station of destination.

    The conditions of carriage apply exclusively to journeys made with the Company. These conditions do not apply to Cercanías tickets or other types of transport/services that are offered by the COMPANY and operated by another company, whereby Titles IV, VI and VII of the CIV (Contract for the International Carriage of Passengers by Rail) Rules apply, with regard to the carrier's liability, the exercise of rights by passengers and relations between carriers.

  2. Transport Document

    The transport document or ticket is the document that formalises the transport contract between the COMPANY and the passenger. It is an Aztec-coded electronic transport ticket that can be presented on a printed paper document or on a digital device.

    Customers with a ticket entitling them to travel may use the rail transport service provided in accordance with the current Rail Sector Act (currently Law 38/2015, of 29 September, on the railway sector). Children under four years of age, who do not occupy a seat, do not require a ticket. 

    Transport document content

    The transport document shall state at least the following:

    a)  The identification of the railway company or companies that will carry out the transport. 
    b)  The origin of the journey and departure time. 
    c)  The destination and time of arrival. 
    d)  Transfers that may occur with a change of train, specifying place and time. 
    e)  The coach, class and seat number. 
    f)  The weight and volume of baggage allowed. 
    g)  The price of transport, specifying that it includes all taxes. 
    h)  Information on the insurances covered by the service.
    i)  The time limit for arriving at security controls to access transport vehicles, if set by the rail infrastructure manager.
    j)   Submission to the Uniform Rules (CIV). 

    Validity of Transport Document

    The tickets shall be nominative and issued for the train, service and date specified with a designated seat.

    To be admitted, the customer must be in possession of a valid ticket for the train and service to be used with all the information necessary to define the content of the ticket. Tickets are valid for the day, train and service shown on the ticket.

    The customer is required to be identified at the start of the journey. In the event of theft, loss or destruction of the travel document, a duplicate may be issued after identification of the traveller.
                           
    The ticket is personal and non-transferable. The name on it cannot be changed and in the event that the client is unable to travel, the cancellation must be made in accordance with the contracted cancellation conditions.

    Transport tickets which are damaged, defaced, scratched or laminated shall not be considered valid.

  3. Information of the journey

    Pre-trip information

    The following information will be provided by the COMPANY upon request by the traveller:

    • General conditions applicable to the contract
    • Timetables and conditions for the fastest journey
    • Timetables and conditions of all available fares, prominently displaying the cheapest fares
    • Accessibility, accessibility conditions and availability of on-board facilities for disabled persons and persons with reduced mobility 
    • Availability of bicycle spaces and access conditions 
    • Seats or places available in the different existing classes 
    • Activities likely to disrupt or delay services (planned and real time)
    • Availability of facilities on board, including Wifi and toilets
    • Availability of on-board services, including assistance to passengers provided by the COMPANY's personnel
    • Pre-purchase information indicating whether the ticket(s) constitute(s) a combination ticket
    • Procedures for recovering lost luggage
    • Complaints procedures

    Information during the trip

    The COMPANY will provide travellers with the following information during the journey:

    • On-board services and facilities specific to each train, including Wifi
    • Station stops 
    • Disruptions and delays (planned and real time)
    • Main liaison services of the COMPANY.
    • Mandatory security issues

  4. Range of services

    The COMPANY has several different areas on board its trains according to which it determines the commercial service it offers. Customers will be informed of the features of each service through their sales channels.

    The types of purchase method are as follows:

    • Individual ticket: depending on availability.

    Tickets are valid for the day, train, level of service and seat shown on the ticket.  The discounts established in the current legislation on Large families shall be applicable and travellers must prove their status as beneficiaries at the time of purchase by means of official documents issued by the competent administration. 

  5. Purchase channels

    Customers can purchase tickets at station offices (Casas Iryo), authorised retailers, through the website www.iryo.eu, on the mobile application and any other channel or technological tool that will be identified and authorised by the COMPANY to ensure maximum distribution.

    The customer must check the details of the ticket at the time of issue: date of travel, origin and destination, train, class, service and fare, and that they are in accordance with the customer's request. Any complaint about the ticket issued and the amount of the ticket must be made at that moment and no later complaints will be accepted.

    At the COMPANY's own sales outlets, the hours of dispatch shall be visibly indicated.

  6. Cancellation

    Any ticket issued may be cancelled under the conditions set out below, unless limited or excluded in the specific conditions to which the ticket is subject.

    Cancellations are allowed with a penalty according to the conditions of the type of ticket that the customer has purchased and the refund will be made in the payment method used for the purchase, such as bank card or by means of a voucher for that amount automatically in the email defined during the purchase process. The refund request must be made within seven (7) days of the cancellation request. The COMPANY is not responsible for delays that are the responsibility of the issuers of the customers' bank cards. However, special cancellation conditions may be laid down for certain types of ticket.

  7. Payment

    Payment for tickets, as well as for any of the ancillary services offered by the COMPANY, shall be made only by electronic means of payment, in accordance with the health recommendations arising from the COVID-19 pandemic.

  8. Complementary services

    Luggage

    Any hand luggage that the customer can carry with them, which is easy to transport and intended for the journey, is considered as baggage. 

    You may take up to 3 pieces of luggage so long as the fit in the space provided without interfering with the security measures on board the train. The client must properly position the luggage he/she is carrying, in order to avoid possible damage or inconvenience to other travellers, damage to the equipment, being the sole responsibility of the client to supervise the same. 

    These 3 pieces can be: 
    -    2 pieces with a maximum size of 85x55x35cm
    -    A piece of hand luggage with a maximum size of 36x27x15cm

    The total weight of the 3 pieces must not exceed 25kg

    The COMPANY may apply a different baggage allowance for services contracted with specific commercial conditions, where the applicable baggage allowance for that type of fare will be expressly indicated.

    Bicycles and scooters

    Each customer may take a bicycle or electric scooter so long as they are disconnected, disassembled and stored in a properly sealed bag Bicycles must have the pedals correctly folded and the handlebars turned at least 90 degrees In both cases, the dimensions must not exceed 90x120x40 and must not be dangerous or inconvenient to other travellers.

    One bicycle per coach is permitted.

    The transport of bicycles and scooters is free. 

    The loading, custody and unloading of bicycles and scooter is the responsibility of the owner. The customer carrying a bicycle or scooter must at all times take due care to ensure the safety and comfort of other passengers, and is responsible for any damage that may be caused to the train and to third parties. The custody and guarding of these shall be the sole responsibility of their owners.

    Pets or domestic animals

    A maximum of one pert of domestic animal per person whose weight does not exceed 10 kilos is permitted.

    Pets must remain inside their travel cage throughout the entire journey, The travel cage must not exceed the following measurements: 60x35x35cm.

    They will have to be identified with their corresponding chip and properly documented. (Individual Animal Identification System, SIIA) and with a up to date health card.
    The pet must be vaccinated and wormed, according to the rules at the journey origin and destination. The custody and guarding of pets or domestic animals shall be the sole responsibility of their owners/carriers.  

    Pet transport comes at an additional cost and must be paid for before the trip.

    Attendants may move the animal and its owner to another part of the train at the request of another passenger, or take such action as they deem appropriate in the circumstances if they consider that a conflict, nuisance or threat is taking place.

    There is no additional cost for guide dogs and assistance dogs, and they are not subject to weight nor transport restrictions, and may travel with their owner. 

    Baby prams

    Two pushchairs per ticket are permitted on trains, with a maximum of 2 pushchairs per coach. The pushchairs must be folded and places in the dedicated space. This information must be provided during the purchase process.

  9. Luggage prohibited on board trains

    The carriage of packages containing hazardous materials such as: explosives, flammable, flammable, chemical or toxic, radioactive, biochemical or corrosive products is prohibited. 

    It is prohibited to transport weapons without the corresponding licence and documentation. Products intended for wholesale trade, narcotics and illegal substances are also prohibited.

  10. Liability for luggage

    Customers must properly place the luggage they are carrying in the places designated for this purpose, avoiding causing possible damage or inconvenience to other passengers and staff on board the trains, as well as damage to equipment and disrupting railway operations. It is the sole responsibility of the customer to guard their luggage.

  11. Minors

    Babies and children aged 0-3 years age at the time of the first boarding will travel free of charge without occupying a seat. There are babby changing stations in all the toilets on the train.
            
    Children between 4 and 13 years of age travel at a reduced price according to the fare for minors available on sales channels. 

    Minors aged between 14 and 18 pay a standard fare. 

    The COMPANY does not offer an unaccompanied minor travel service. Minors up to 18 years of age should always travel accompanied by their parents or legal guardians. 

    Minors always travel under the responsibility of their parents or legal guardians.

  12. Persons with disabilities and persons with reduced mobility

    Accessibility

    According to the applicable regulations, the Administrador de Infraestructuras Ferroviarias (hereinafter, "ADIF") is responsible for ensuring access to stations and boarding areas for disabled persons and persons with reduced mobility, so that they can board and disembark the train.

    The spaces provided for wheelchair users on COMPANY trains are strictly reserved for them.

    Assistance at stations

    1. Communication and information:

    The COMPANY provides disabled persons and persons with reduced mobility with information on the accessibility of the rail services offered, as well as the conditions of access to the rolling stock and about the facilities on board the train.

    2. Accessibility and the need for accompaniment:

    According to the applicable regulations, ADIF, in its capacity as manager of the railway infrastructure and in particular of the stations, is responsible for ensuring access for disabled persons and persons with reduced mobility to stations and boarding areas, so that these persons can board the outbound train and disembark the inbound train. For its part, the COMPANY, through the services contracted with ADIF, ensures the boarding and alighting of trains and, within them, accessibility to its on-board services and equipment. The COMPANY collaborates with ADIF so that disabled persons and persons with reduced mobility can enjoy a safe journey according to the rights granted to them by law.

  13. Lost objects

    The COMPANY does not have an office to collect objects lost on trains. However, the COMPANY assistants will take them to the ADIF lost property point at the end of the journey. 

    Thereafter, ADIF's managers will be responsible for the safekeeping and management of the objects. The process of recovering the lost object may be carried out in accordance with the ADIF procedure drawn up for this purpose.

  14. Cancellations, Interruptions, Delays

    Cancellations

    Cancellation of the journey is understood to be the impossibility of starting the journey under the conditions foreseen in the ticket.

    In the event of cancellation of a scheduled trip by the COMAPANY, the COMPANY will do its utmost to inform the customer as soon as possible and in the most convenient manner.

    • If the cancellation occurs within forty-eight (48) hours before the scheduled start of the journey, the COMPANY shall be obliged, at the passenger's choice, to provide transport on another train or other means of transport under conditions equivalent to those agreed, or to refund the price paid for the service.
    • If the passenger is informed of the cancellation of the journey in the four (4) hours before the start of the journey, he/she shall also be entitled to compensation consisting of double the amount of the ticket.

    Interruptions

    Interruption of the journey is understood to mean the stoppage of the journey while it is taking place.
    In the event of interruption of the journey, the COMPANY shall be obliged to provide the passenger, as soon as possible, with transport on another train or another mode of transport, under conditions equivalent to those agreed.
    In addition, if the interruption exceeds one hour, the COMPANY shall be obliged, where appropriate, to bear the costs of the traveller's board and lodging for the duration of the interruption.

    Delays

    In the event of a change in the schedule given on the ticket before the departure the COMPANY will do its utmost to inform the customer as soon as possible and in the most convenient way.
     
    In the event that the passenger is delayed by at least sixty (60) minutes at the arrival station in relation to the timetable provided for in the ticket, the COMPANY will compensate the passenger for this delay, without the passenger losing his or her right to transport, under the following conditions:

    Fifty percent (50%) of the fare for the ticket used, in the event of a delay in arrival at destination of more than sixty (60) minutes
    One hundred percent (100%) of the fare for the ticket used, in the event of a delay in arrival at destination of more than ninety (90) minutes.
    Notwithstanding the above, the COMPANY may provide for more favourable compensation in general if it deems it appropriate to do so.

  15. Damages

    Compensation will be made in vouchers first, and in cash if the customer rejects the voucher and explicitly asks for a cash refund.

  16. Banning passengers

    The COMPANY is entitled to ban passengers from its transport vehicles who, by their conduct, disturb the order in the vehicles or endanger the safety of the transport.
    Persons who do not submit to the security checks established for access to trains may also be denied access to transport vehicles.
    Banned passengers shall not be entitled to reimbursement of the fare paid for the ticket.

  17. Liability ot the transport company

    The COMPANY guarantees the connection between its trains, with the exception of what is established for local trains and those other services or products in which this is indicated.

    Transfers with other means of transport or trains of different railway companies, under the corresponding combined ticket, shall be regulated according to the provisions of the legislation in force, as well as in the agreements and contracts signed between the different companies.

  18. Rights and Obligations of Passengers

    Passengers rights

    Users of the services provided by the COMPANY shall enjoy the following rights: 

    • To have access to the publication, sufficiently in advance, of the timetable of services and the corresponding prices. 
    • To contract for the provision of rail services to or from any station where passengers are picked up or set down. 
    • To receive the service in adequate conditions of safety and quality, paying, where appropriate, the corresponding prices according to the applicable tariffs and fees. 
    • To hold a transport contract with the railway undertaking in accordance with the legislation in force on land transport and consumer and user protection. 
    • To be informed of the procedures established to resolve disputes that may arise in connection with rail transport. 
    • To be compensated for the damages caused to them, in the event of non-compliance by the COMPANY of the obligations that correspond to them, in accordance with the provisions of the applicable regulations. 
    • To be informed of the insurance policies or guarantees that the COMPANY has contracted to guarantee its liability, information that will be available to passengers at the Assistance Offices and ticket sales at the stations (Casas iryo), on the website www.iryo.eu, on the mobile application, in the Call Centre, on the travel agency portal, as well as other distribution channels authorised by the COMPANY.         
    • To be informed of the existence of these General Conditions, which will be at their disposal in the same terms as those set out in the previous section.
    • Any others recognised by the regulations in force. 

    Customers will also have the right to make claims for any breach of the transport contract produced during the provision of a passenger transport service and may be submitted both electronically and physically, in ticket sales facilities, stations or trains of the COMPANY that has provided it, within a period of THREE (3) MONTHS from the time they have knowledge of the event that caused them.

    Obligations of travellers

    Users of the services provided by the COMPANY shall have, among others, the following obligations:

    • To hold, for the duration of the journey, a valid ticket.
    • To follow the indications given by the COMPANY in relation to the correct provision of the service, as well as the indications to this end on the signs placed in view in the facilities and cars.
    • To respect the measures and controls that may be established in terms of civil protection and security.
    • The client must take the necessary precautions and ensure, as far as they are concerned, the safety and security of themselves, persons and animals in their custody, as well as the safety of their belongings.

    Passengers are not allowed access to areas for the exclusive use of the COMPANY, except in the cases foreseen or authorised. Passage through service areas is permitted only if necessary for the passenger service.

    It is forbidden to open the external doors of carriages and to get in or out of them when they are not completely stopped.

    It is also forbidden to board or alight on the opposite side to that established for the passenger service or through openings other than those intended for that purpose.

    Passengers are also prohibited from using train equipment in any other way, and in particular safety equipment which must be used only and exclusively in case of real need.

  19. Irregular situations

    Any customer who does not present a valid train ticket in accordance with the provisions of these General Conditions shall be in an irregular situation:

    • Ticket is illegible, incorrectly printed or presents a ticket printed or downloaded after scanning its Aztec barcode, which is not the latest version of the ticket issued for a subsequently modified purchase; or is unable to show the ticket for which the purchase was made.
    • Customer does not have a transport document 
    • A ticket already verified by the AZTEC code beforehand.
    • An ILSA ticket that is not valid for the journey, date and time of the COMPANY train you intend to board.
    • Cannot present an identity document proving that they are the person indicated on the ticket, as well as their age category or large family card corresponding to the fare applied, and they cannot provide proof of the reduced fare price of their ticket.
    • Extends their journey beyond the one for which their ticket is valid
    • Uses a manipulated or counterfeit banknote 
    • They occupy a seat with a ticket that corresponds to another type of seat if they refuse to vacate their seat immediately and occupy their correct seat at the request of the crew.

  20. Force Majeure

    The provisions of these General Terms and Conditions shall not apply in the event of the grounds for exemption expressly provided for in the CIV Rules for the various cases of liability

  21. Customer Service

    Any request for information, clarifications and complaints may be sent to the COMPANY's Customer Service Centre remotely, via www.iryo.eu, in order to keep track of the requests received. 

    It is also possible to send the application by post to our offices, whose address is Calle Méndez Álvaro, 56, 5ª planta, 28045 Madrid. In addition, the COMPANY has a complaints book/sheet available for customers to request from attendants on trains and at stations.

    The official complaint form can also be accessed and downloaded electronically at www.iryo.eu

    The Customer Service Centre will respond within one month and, if this is not possible, will inform the customer of the new deadline. This period shall not exceed THREE (3) MONTHS from the date of receipt of the complaint.

  22. Data Protection

    In order to guarantee the fundamental right to the protection of personal data, travellers are informed that in order to provide the contracted transport service it is necessary to process their data, so that INTERMODALIDAD DE LEVANTE, S.A. must access and collect their identification data, the details of the journey or the preferences they express regarding the conditions of transport. On the other hand, only if authorised by the customer, or on the basis of the contractual relationship, personal data may also be used to receive commercial communications related to the services contracted with the COMPANY. The COMPANY will retain customer data in accordance with the periods of time indicated in the specific legislation applicable to the processing carried out or, where appropriate, until the customer requests the deletion of their information or expresses their opposition to the processing collected here. The data will not be communicated to third parties unless legally obliged to do so or required by an administrative or judicial authority. On the other hand, the data may also be communicated to those partners who provide an essential service within the transport contracted through the sale of the ticket, such as assistance services offered to persons with reduced mobility or on-board catering services.

    In compliance with regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 95/46/EC (hereinafter “GDPR” or “the Law”), and the Law 3/2018, on the Protection of Personal Data and the guarantee of Digital Rights, customers have the following rights:

    • Right to access
    • Right to rectification
    • Right to suppression
    • Right to object
    • Right to limitation of processing
    • Right to the portability of data
    • Right not to be subject to automated decision-making, including profiling

    In accordance with the aforementioned regulations and to ensure compliance with the obligations of INTERMODALIDAD DE LEVANTE, S.A. as the responsible party, a procedure has been adopted and implemented with the aim of managing requests for the exercise of rights received from interested parties in order to deal with them and respond to them in due time and form. To exercise your personal data protection rights, please send an e-mail with the subject "EXERCISE YOUR RIGHTS" to protecciondedatos@iryo.eu or write to the following address: Calle Méndez Álvaro, 56, 5th floor, 28045 Madrid. You may also file a complaint with the Spanish Data Protection Agency on its website www.aepd.es, in the event that your rights have not been duly addressed. You can also access our updated Privacy Policy at any time at: www.iryo.eu.

  23. Applicable Regulations

    • Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area.
    • Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations.
    • Law 38/2015, of 29 September, on the railway sector.
    • Royal Decree 2387/2004, of 30 December, which approves the Regulation of the Railway Sector.