Rzecznik Praw Pasażera Kolei

1. Where can I find a request for initiation of proceedings before the Ombudsman?

An interactive form is available at the Ombudsman’s website. You may also complete a form in the file .doc.

2. What information should the request contain?

A request for initiation of proceedings for an out-of-court resolution of consumer disputes should contain at least:

1) Indication of the Parties (one Party is an applicant, the other, the entity to whom the dispute pertains; in particular cases, there may be more Parties);

2) Precise specification of the demand (please write what dispute you claim from the other Party, and in relation to which event);

3) A request to present a suggested dispute resolution by the Ombudsman to the Parties (we include the proper wording in the request);

4) Your signature (it is sufficient to sign the request, scan it and send it to the Ombudsman via electronic mail, a request may also be signed by typing your name using a computer keyboard). In the case where an interactive form is being completed, signing it is not necessary.

The request should also contain the following elements:

1) A description of circumstances of the case (please write what has happened);

2) Current information on the progress of the passenger dispute (please indicate when you have filed a complaint with the carrier and whether you have received a reply);

3) Copies of the documents you have confirming the information contained in the request (e.g. communication with a carrier);

4) Power-of-attorney (an original or a copy), if your attorney submits the request.

A request for initiation of proceedings should also contain the following statements:

1) On making an attempt to contact the other party and a direct resolution of a passenger dispute with indication of the date of making such contact (i.e. usually, the date of submission of the complaint);

2) On the fact that the case for the same claim between the same Parties is not pending or has not been processed by the Ombudsman or any other relevant entity or court.

Please also write whether you express your consent to delivering letters to the Parties to the proceedings and exchange of information between the Parties by means of electronic communication. If you agree to this, please also provide an e-mail address.

The procedure may appear to be complicated, but do not worry! If you complete the request available on our Website step by step, it will be fine, since we have included all relevant elements there.

3. May I ask the Ombudsman for appraisal of the value of a claim?

No. Determination of the subject of the claim, i.e. the value of the claim, is the applicant’s responsibility. The Ombudsman analyses the circumstances of the case and presents the suggested dispute resolution, but is not authorised to determine the amount of the claim. While completing a request, you need to enter the amount you expect to get from the other Party to the dispute.

4. I completed the request – how should I submit it?

• By electronic mail to the following address: rzecznik@pasazer.gov.pl;
• By regular postal service, directing letters to the following address:

Rzecznik Praw Pasażera Kolei
przy Prezesie Urzędu Transportu Kolejowego

Al. Jerozolimskie 134
02-305 Warszawa

• Via the electronic Public Administration Services Platform (ePUAP);
• In person. At the office of the Office of Railway Transport. You will get a request form that should be completed and submitted to the Office. If you do not live in Warsaw, you may also receive a printed copy of the request and then submit it at the offices of the Field Branches of the Office of Railway Transport. The contact data of Field Branches is available here.
• By means of the ODR platform. You may use this when the contract of carriage has been executed via the Internet. We encourage you to use this tool in the case of cross-border disputes, i.e. in the situation where the operator performs its business operations in another country or you do not speak well in Polish and you want to file an application against a Polish company. An option to translate the case documentation, as well as to search for the ADR entity competent to hear the case, account for the advantages of this platform. In other cases, the use of the other methods of filing a request indicated above may be more convenient.

Remember that you may also use an interactive form to submit your request. The form is available on our Website.

5. What happens if my request is incomplete?

In the event that the request does not comply with the official requirements, the Ombudsman will call you to complete it within 7 days of the service date. In such case, we will write precisely what additional information is required.

A request to complete the request sent by an electronic mail is deemed to be delivered on the date following the e-mail date.

In the event that you fail to complete the request, the Ombudsman will carry out the proceedings pursuant to the documents and evidence in possession.

6. If I do not have an electronic signature, do I have to handle the communication in a hard copy form?

No. An electronic signature is not required. All you need to do is to complete an interactive form. If you prefer to print it out and complete a hard copy request, you can scan it later and e-mail it. While completing the file, you may also sign it by typing your name using a computer keyboard.