URRI NS 2023 – December 2021 edition •
a list of contacts – including their address, position, name and telephone number – appointed to provide and receive communications relating to: new requests for paths and services, postponement of train departures, requests for additional stops, changes to train formation (as compared to those relating to the allocated paths), non-usage of allocated paths, notification of path variations or cancellations by the IM, train accidents, strikes, clearance of blockages, information systems, verification of the delivered services, reporting of delivered services and billings, deployment of back-up/emergency vehicles and rolling stock, in accordance with paragraph 2.4.7.
These documents must be received by the IM within the timescales as follow, in respect of the start date of the service: a) at least 45 calendar days, in the case of agreements relating to the next timetable period (except in the case of a RU appointed by an applicant that is other than a RU, in which case the documents must be received within 20 calendar days); b) at least 15 calendar days, in the case of agreements entered into during a working timetable period. In case of missing documentation, it shall be presented no later than the mandatory time limit of 15 calendar days prior to the entry into force of the working timetable (in the case of the agreements referred to under letter a) or 12 calendar days prior to the inception of the transport service (in the case of the agreements referred to under letter b). The IM, having received the above mentioned documentation, shall send the contract proposal to the RU, including all the technical and economic annexes, notifying the date and time for returning the proposal signed by way of full acknowledgement, strictly within 5 calendar days from the start of the service. Solely in the case of the agreements referred to in (b) above, the IM must send the draft agreement to the RU within 10 calendar days from the start of the service. If the RU fails to return its full acceptance of the contract proposal, or to produce substantiated comments within the deadline notified by the IM, the latter shall fix a mandatory time limit within which to conclude the contract, beyond which the right to utilise the allocated capacity shall be forfeited, and the RU shall be obliged to pay the amounts due in the case of failure to conclude the contract, within 15 calendar days from the date of issuing of the bill by the IM. (see paragraph 4.6.1 and 4.6.2). In the case of delays in the presentation of the documents, or if any documents are missing or differ from those requested, as well as in the case of failed acceptance of the contract within the above mentioned deadlines, the conclusion of the agreement may be postponed and the inception of the service delayed, without the RU being entitled to file claims and/or complaints against the IM, in connection therewith. 2.3.2.1.1 2021)
Any further formalities for contract conclusion purposes (updated in December
If, at 15 November of each year, the RU has failed to pay the amounts due on this date for the services provided under the (applicable or previous years') access contract and the amounts due for the ANSFISA loan pursuant to art.15, paragraph 2, lett. b), of Legislative Decree 50 dated 14 May 2019, it shall be required, within the 25 November of the same year, to: •
settle the amounts due,
or, alternatively, to: •
submit a payment plan - entirely covered by a guarantee taken out with a bank/insurer – with respect to the outstanding amounts, with the undertaking to settle them no later than the date of the first settlement invoice under the new contract and to take out the bond I connection with the conclusion of the contract for the next timetable period, in accordance with paragraph 2.3.2.2.
The failure to comply with these formalities shall entail the non-conclusion of the infrastructure Access Contract for the next timetable period and the consequent request of the rules relating to the failure to conclude the contract (see paragraphs 4.6.1 and 4.6.2).
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