Conditions of Carriage

Hereafter the Airport Express Train is referred to as “Flytoget”.
Flytoget AS’ responsibility for its passengers and their luggage is regulated by the Norwegian Railway Liability Act of 10 June 1977 no. 73.

§1. The validity of these Conditions of Carriage

a. These Conditions of Carriage apply to all customers who travel by Flytoget’s train services, and to the hand luggage they bring with them.

b. Should Flytoget make use of a different means of transport to fulfil their duty to carry the passenger as agreed, such journeys are also subject to these Conditions of Carriage.

§2. Flytoget’s duty to carry customers and their hand luggage

a. When carrying passengers, Flytoget have a duty to look after their needs in the best possible way. This includes the provision of accurate information prior to the journey, during the journey, and in case of delays and cancellations.

b. Flytoget have a duty to carry all customers to their destination provided they hold a validated credit card or a valid ticket. Travel must be provided without undue delay and, if necessary, by a means of transport other than Flytoget.

c. This duty also applies for customers who need special arrangements in order to board or disembark the train, or who have special space requirements while aboard the train, in so far as these can be provided without causing delay.

d. Flytoget is not obliged to carry customers who:
- are intoxicated or whose conduct may risk the safety or cause offense to fellow passengers.
- refuse to comply with Flytoget’s instructions.
- require extraordinary arrangements to be made in connection with their journey and Flytoget have not been given appropriate opportunity to put in place the necessary arrangements prior to departure.

e. Flytoget may cancel their train services and re-allocate their rolling stock if or when:
- requested by public authorities for reasons of national safety.
- dictated by reasons beyond Flytoget’s control, such as extraordinary weather conditions or force majeure, injunctions and judicial directives, strikes or lockouts.
  
In case of cancellations or changes to departure times, Flytoget must provide accurate information as early as possible. Planned cancellations or changes to scheduled services, and offers of alternative transport organised by Flytoget, will be advertised at the earliest possible opportunity through the channels available.

f. Customers may bring hand luggage on to Flytoget as stated below:
- any travel luggage such as suitcases, bags etc. which the passenger without difficulty can bring onto the train and place in the luggage racks. Oversized luggage must be placed in the dedicated compartment.
- prams, pushchairs and skis may be brought as long as these items can be accommodated in the dedicated space. 
- bicycles may be brought against payment of a fee and must be positioned in a dedicated bicycle space. There is a limited number of bicycle spaces available on every train.

g. Customers who travel with dogs or other small pets will be directed to seats in a dedicated carriage as long as there is space available. The pets must be carried in a cage or kept on a lead.

h. If a customer’s hand luggage or carry-on articles are partly or totally lost or damaged during the journey, Flytoget has a duty to pay compensation for such loss or damage. This provided the same incident gives rise to personal injuries for which Flytoget are fully liable under s. 3 of the Norwegian Railway Liability Act of 10 June 1977 no. 73, or if the loss or damage was caused by Flytoget or Flytoget’s neglect. The liability is restricted to 50% of the National Insurance Base Rate (1/2 G) for each passenger.

The compensation restriction of 50% of the National Insurance Base Rate does not apply if Flytoget is found to have caused the damage by intent or gross negligence.

i. Customers are obliged to look after their own luggage during the train journey; Flytoget is not liable for the theft or loss of luggage.

§3. Ticketless travel and tickets

a. Customers on a ticketless journey must swipe a valid credit card prior to departure. Customers who do not intend to make a ticketless journey must purchase a ticket prior to departure. Valid credit cards for ticketless travel on Flytoget include Visa, MasterCard, Diners Card and American Express. The credit card readers are labelled with their respective logos.
Neither ticketless travel nor the purchase of a ticket carries an automatic entitlement to a seat.

b. Ticketless journeys generate a charge with details of the fare payable for the journey. Purchased tickets specify the type of ticket, the fare, and details of the journey for which the customer has paid. To be able to make a ticketless journey at a discounted rate (students and seniors), customers must register their user profile and credit card details on the Flytoget website.

c. When travelling to Oslo Airport customers must validate their credit card in one of the credit card readers that are installed on every railway station. Customers who have purchased a ticket may board the train without swiping their ticket. On arrival at Oslo Airport, all customers must swipe their credit card or ticket at the ticket barriers that are installed on the arrival platform. Customers on a ticketless journey who fail to swipe their credit card at the departure station will be charged the fare of the longest journey available.
When travelling from Oslo Airport, customers wishing to travel ticketless must specify their destination when swiping their credit card prior to departure. The journey will be registered and a charge will be generated for the correct fare. Customers who carry a purchased ticket for a specific journey must validate the ticket at the ticket barriers prior to departure.

d. Customers must show their validated credit card, or their pre-purchased ticket, with any travel entitlement card, whenever requested by Flytoget’s staff and inspectors. Customers who fail to present a valid ticket, or a validated credit card, and a valid travel entitlement card when travelling at a discounted fare, will be charged a penalty at a rate determined by the Norwegian Ministry of Transport and Communications. Customers who have forgotten to bring their travel entitlement card, may submit a copy of their card to Flytoget’s customer service department within three days of completing their journey and the penalty will be revoked.

e. Customers who travel with a credit card and who wish to receive a travel receipt may register on Flytoget’s website. Customers who have registered may choose to have a travel receipt sent automatically to their specified email address for all their subsequent journeys. The issuer of the credit card issues journey invoices.

f. Customers are not entitled to stopovers on their journey. This does not apply if a customer has travelled from Oslo Airport with a validated credit card or bought a ticket for a station further away than Oslo Central Station and mistakenly boarded a train that terminates at Oslo Central Station.

g. A pre-purchased ticket has a validity of 6 months from the date of purchase unless otherwise specified.

h. A ticket purchased from Flytoget is not valid for travel on services provided by any other operator on the same line, unless permission is granted by Flytoget staff due to extraordinary circumstances.

i. Tickets issued for travel by other operators are not valid for travel on Flytoget, unless permission is granted by train staff due to extraordinary circumstances.

j. Customers who purchase their ticket in advance from Flytoget must ensure that their ticket is valid for the intended journey.

§4. Refunds

Ticket refunds must be claimed from Flytoget’s sales counter at Oslo Airport or Flytoget’s customer service. The following rules apply:

a. Holders of Oslo Airport staff travel passes (monthly pass or multi-journey travel card) are entitled to a refund if their employment at the airport ends or if they are unable to use their pass on grounds of illness. Refunds are granted on presentation of proof of illness from a doctor or proof of ended employment.

The amount refunded will be proportionate to the period of illness for which the proof of illness applies.

b. Lost tickets will not be refunded.

c. Single tickets will not be refunded.

Claim for refund must be made in writing within 12 months of the journey to: 

flytoget@flytoget.no, or
Flytoget AS
Att: Customer service
Pb. 19 Sentrum
0101 Oslo

§5. General conditions for travel by Flytoget services

a. Customers must arrive at the platform and board the train well ahead of departure. 

b. Passengers may board or disembark the train only as announced.

c. The drinking of alcohol or use of illegal drugs is prohibited on Flytoget’s train services. 

§6. Delays and service interruptions

a. In case of delays or service interruptions, customers may claim compensation for documented expenses incurred, restricted to 3/10 of the National Insurance Base Rate, e.g.:
- the fare payable for the cheapest alternative means of transport to their intended destination if Flytoget should fail to organise an alternative means of transport for the relevant journey within reasonable time. 
When considering what is reasonable time, Flytoget expects that such action is taken without undue delay.
- telephone expenses incurred by customers in their endeavour to organise alternative transport.
- food and accommodation if required unless Flytoget provides this free of charge.

This list is not exhaustive.

b. If an Flytoget service arrives at Oslo Airport Gardermoen more than 30 minutes after the scheduled arrival time and customers miss their flight, they are entitled to claim compensation for the onward journey to their final destination for tickets which are non-changeable /non-refundable, restricted to a maximum of 3/10 of the National Insurance Base Rate. 
This guarantee will not cover tickets for onward journeys following on from the first flight if the customer is deemed able to catch these despite the delay.

c. Customers are not entitled to claim compensation if, despite the delay, they have sufficient time to catch their onward flight in accordance with the airlines’ minimum airport arrival times. Customers are obliged to reduce any loss by allowing for sufficient time between their train arrival and their flight departure times. Oslo Airport recommends arrival at least 60 minutes before departure for domestic flights and 90 minutes for international flights. 

d. Flytoget will not reimburse expenses incurred because of delays or service cancellations when these are caused by circumstances beyond Flytoget’s control, such as extraordinary weather conditions or force majeure, injunctions and judicial directives, strikes or lockouts. Flytoget must be able to prove that the circumstances are beyond the company’s control.

e. Customers should seek to agree the reimbursement of expenses incurred in writing with a train steward or customer service attendant in advance. To make a claim, see paragraph (c) of condition 7.

§7. Claims

a. There is a shortcoming if the journey fails to meet the customer’s reasonable expectations given the journey’s price, the conditions of carriage and the travel information provided. Any such shortcoming may entitle the customer to claim a proportionate refund. The customer is obliged to inform the train steward about any on-board shortcomings if possible. The customer may claim such reimbursement only if Flytoget should fail to rectify the shortcoming or provide an acceptable alternative during the journey.

b. If any of the following incidents cause the customer to incur the expense of making alternative travel arrangements of taking other necessary action, the customer may claim reimbursement of any such immediate and documented expense:

-incorrect information provided by Flytoget staff
-incorrect issue of a Flytoget ticket
-incorrect Flytoget signage
-incorrect information provided in a Flytoget published timetable

c. Any claim based on paragraphs (a) and (b) above must be made in writing within 12 months of the journey’s completion and must be addressed to:
flytoget@flytoget.no, or
Flytoget AS
Att: Customer service
Pb 19 Sentrum
0101 Oslo

§8. General liability regulations for Flytoget and their customers

The Norwegian Railway Liability Act of 10 June 1977 no. 73 regulates Flytoget responsibility for their customers and their customers’ hand luggage. This legislation is available in Norwegian from www.lovdata.no.

b. Flytoget handles all personal data in compliance with the provisions of the Norwegian Personal Data Act of 14 April 2000 and the appurtenant regulations. Credit card details are handled in accordance with Flytoget’s agreement with the credit card companies. These details are encrypted and especially secured. Details relating to charges for journeys are stored only until the card has been debited.

c. The customer is obliged to compensate Flytoget for any damage he/she may have caused by intent or gross negligence.

§9. Conflict resolution

a. Resolution of any conflict between the customer and Flytoget must be sought, in the first instance, between the customer and the on-train staff.

b. If the parties listed under paragraph (a) above should fail to resolve the matter, the dispute may be brought to Flytoget’s attention in writing within one year of the relevant journey, addressed to: 

flytoget@flytoget.no, or
Flytoget AS
Att: Customer service
Pb 19 Sentrum
0101 Oslo

c. Should the customer disagree with Flytoget’s handling of the matter, a complaint may be submitted to the Public Transport Complaints Commission, PO Box 2924 Solli, 0230 Oslo. The matter must be submitted to the commission no later than four weeks of the customer having received Flytoget’s final response on the matter. For further information, contact the commission on 22 54 60 00 or see www.transportklagenemnda.no.

§10. Publication of the conditions of carriage

 “Conditions of Carriage for Flytoget’s Passengers” are posted on www.flytoget.no. The back of the ticket carries printed information about where to obtain the Conditions of Carriage.

These terms and conditions are supplemented by the Norwegian Regulations on Rail Passengers’ Rights and Obligations (the Rail Passenger Regulation) of 3 September 2010 no. 1241. In case of conflict between the conditions of carriage and the Rail Passenger Regulation to the detriment of passengers, the Rail Passenger Regulation will apply.