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Rzecznik Praw Pasażera Kolei

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Key Information

Below is the most important information pertaining to proceedings or participation in them. If you do not find replies to your questions, please see our FAQ or you can ask here.

WHEN CAN THE OMBUDSMAN INITIATE PROCEEDINGS?


Remember that you may ask the Ombudsman for help only after filing the complaint with the operator.


VOLUNTARY PARTICIPATION IN THE PROCEEDINGS


Proceedings held before the Ombudsman are voluntary. It means that you have a right to withdraw from the proceedings at any stage. You also have a right not to agree to the presented suggestion of a solution to a dispute or not to follow it. The operator with whom you have a dispute also has the same rights.


PRINCIPLES OF CONCILIATORY PROCEEDINGS


The Ombudsman is impartial in conciliatory proceedings. This means that the Ombudsman shall treat both you and the operator equally. It takes arguments of both parties and tries to find a solution that will lead to resolution of the dispute, and will simultaneously be acceptable for you and the company. It is important to be open and ready to accept compromises within your request. The same will be expected from the operator.

In conciliatory proceedings, it is not only the Ombudsman who is active, but also you and the operator. Both parties may submit their suggestions how to resolve a dispute, present their points of view or evidence that the Ombudsman will take into account in the pending proceedings.


If a dispute is not resolved at an earlier stage, the Ombudsman, having considered the evidence gathered and arguments of both Parties, will present a proposal on how to resolve the dispute between you and the operator with whom you have a dispute. This suggestion will take account of the pints of view of both parties.


CONFIDENTIALITY


It is important for the Ombudsman to establish the best conditions for talking and working on a compromise during the conciliatory proceedings. It is important to have trust in the conciliatory proceedings and be sure that both you and the operator may talk without any concerns and that the statements you make, including proposals for dispute resolution, will not be disclosed. Thus, the course of the conciliatory proceedings, including the content of suggested dispute resolution presented by the Parties and the Ombudsman, shall be confidential. Both you and the operator should not disclose the information pertaining to these proceedings, nor at the stage of potential court proceedings.


DURATION OF THE PROCEEDINGS


The Ombudsman has 90 days for completion of the proceedings from the date of delivery of a complete request for commencement of the proceedings. In the event of a particularly complicated dispute, this deadline may be extended. The proceedings are finalised with the preparation of a final protocol that includes the information whether a dispute has been resolved successfully or not.


OPTION TO USE LEGAL ASSISTANCE


At every stage of the conciliatory proceedings, you may use the assistance of third parties, including persons providing professional legal assistance.


COSTS OF THE PROCEEDINGS


The proceedings before the Ombudsman shall be free of charge for a passenger.


LANGUAGE OF THE PROCEEDINGS


The proceedings before the Ombudsman shall be held in Polish; the request should also be prepared in Polish. If you do not speak Polish, please submit an application in English. The proceedings will be conducted in Polish, however, we will help you translate its most important elements.

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