How will the proceedings be handled and to what rights am I entitled?
1. I have completed and sent the request, what happens next?
The proceedings are initiated on the date of delivery of a completed request that contains at least the indication of the Parties, a precisely specified claim and a signature. You will be notified about initiation of the proceedings a couple of days later at the latest.
The Ombudsman will also notify the other Party to a dispute. An operator will be given a deadline by which they should pass their opinion on your request. In justified cases, we will also ask a given company to provide additional information that will make it possible to consider the circumstances of the event in a reliable manner or/and to consider resolving a dispute in a certain way . The company may also suggest the resolution to the dispute, to which passenger can respond.
Having received the operator’s position and potential additional explanations, we will provide you with that information so you can learn the point of view of the other Party to the dispute. You will also have an opportunity to provide your feedback to the information presented by the operator, including operator’s proposal to resolve a disputed if applied.
The Ombudsman will then analyse in detail the circumstances of the case and the documentation received, and he/she will present the suggested resolution to the dispute.
2. What may happen if the Ombudsman refuses to initiate proceedings?
In some cases, the Ombudsman may refuse to initiate proceedings. This will happen when:
1) The subject of a passenger dispute goes beyond the categories of disputes covered by the Ombudsman’s competence;
2) Prior to submission of the request for initiation of proceedings, you have failed to contact the operator to whom the dispute applies, i.e. you have failed to file a complaint to the carrier;
3) A dispute is negligible or the request for initiation of proceedings before the Ombudsman causes nuisance to the other Party;
4) The case on the same claim between the same parties is already pending or has already been heard by the Ombudsman, another competent authority or court;
5) The value of the subject of the passenger dispute is less than PLN 10.00 or more than PLN 20,000.00;
6) You have submitted a request to initiate proceedings after one year from the day on which you contacted the operator to resolve the dispute directly;
7) Processing a passenger dispute would significantly disrupt the Ombudsman’s operations.
Situations in which a refusal will be necessary are rare. If such a situation happens, we will explain in detail why the proceedings may not be initiated and what other actions may be undertaken to resolve a problem.
3. What is the deadline for the Ombudsman within which it must inform me of their refusal to process a passenger dispute?
The Ombudsman is obliged to inform the Parties of any reason for refusal to process a passenger dispute within 3 weeks from the date of delivery of a complete request for initiation of proceedings before the Ombudsman.
4. Is participation in the proceedings carried out by the Ombudsman voluntary?
Yes. The proceedings are initiated upon your request, but the carrier may refuse to participate in the proceedings. Our current experience shows that operators rarely decide to withdraw from proceedings handled by the Ombudsman.
5. What are the benefits of participation in the proceedings?
Participation in proceedings carried out by the Ombudsman is beneficial both for the Passenger and the operator. Due to their participation, the Parties may avoid long-term court proceedings. The decision on participation in proceedings may be significant for commercial business carried out by carriers. It also provides an opportunity to prevent conflicts with Passengers in a hassle-free manner, which has a positive impact on the Company’s image.
6. What is the form of communication exchanged between the Ombudsman and the Parties in the proceedings?
It depends on you. If you specified that you agree to delivery of letters and communication via e-mail, while completing the request, then the communication will be in this form.
If you have not expressed such consent, we will send correspondence by registered mail.
7. Do proceedings before the Ombudsman interrupt the limitation period of the claim being subject to dispute?
Yes. Such limitation period will not continue again until these proceedings before the Ombudsman are finalised.
8. Can the Ombudsman collect documents and evidence required to investigate the case on its own initiative?
Yes. In the course of the proceedings, the Ombudsman may collect documents and evidence that may contribute to clarification of the case, and have not been presented by the Parties in the course of the proceedings. In order to do this, the Ombudsman may also turn to other entities who are not parties to the proceedings.
9. What are the Ombudsman’s obligations to the Parties?
In proceedings for an out-of-court resolution to consumer disputes, the Ombudsman ensures the possibility of participation in the proceedings to the Parties, including the option to present their positions, documents and evidence and access to the materials presented by the other Party to the dispute.
The Ombudsman also informs the Parties of their rights arising from the effective legislation. It also ensures a proper time for the Parties to express their consent to the presented suggested dispute resolution or to comply with it.
We make sure that you always have the information on your rights, therefore all required data is always provided in the letters forwarded in subsequent stages of the proceedings.
10. Do proceedings carried out by the Ombudsman require my presence?
No. The proceedings are usually carried out in writing, and by phone, if necessary. The Ombudsman may, however, set up a hearing if it is necessary for clarification of particularly complicated facts. In such a situation, the Parties will be notified by letter about the date, venue, and the subject of the hearing. Such a situation is, however, very infrequent.
When a hearing is held, the Parties may submit explanations, present their positions and make statements on the collected documents and evidence during the course of the hearing.
A report is made on the completed hearing.
11. May I withdraw from pending proceedings?
Yes. Participation in the proceedings is voluntary; both you and the operator may withdraw from them at any time. You will need to inform the Ombudsman about this.
12. The Ombudsman presented the suggested dispute resolution. Do the operator and I have to comply with it?
No. Approval of the presented suggestion is voluntary. The Parties are obliged to make a decision on consent to the presented suggested dispute resolution or refusal to accept it within 7 days of presentation of the suggested resolution to a passenger dispute.
13. How long do proceedings before the Ombudsman take and how do they end?
Proceedings before the Ombudsman end with a report on the progress and the outcome of the proceedings.
The report should be presented to the Parties within 90 days of the date of delivery of the request for the initiation of proceedings for an out-of-court resolution to a consumer dispute.
In the case of a particularly complicated dispute, the deadline for presentation of the outcome of the case may be extended. The Ombudsman is obliged to notify the Parties of every extension of a deadline, indicating the anticipated deadline for finalisation of the proceedings on the case.
Average duration of proceedings is however shorter, and is currently approximately seven weeks.
14. Does the Ombudsman collect fees for handled proceedings?
Proceedings before the Ombudsman are free of charge.