On what matters can I turn to the Ombudsman for help?
What type of cases are processed by the Ombudsman?
In every situation in which you have filed a complaint with the railway carrier related to a specific financial claim, and the carrier’s reply has not been satisfactory to you, you may submit the case to the Ombudsman.
The Ombudsman handles the proceedings of out-of-court resolution of passenger disputes that may pertain to contractual liabilities to a passenger arising from passenger, cargo, or animal railway transport and services provided to passengers by carriers, infrastructure managers and railway station owners and managers.
If you have doubts over whether your problem qualifies for processing by the Ombudsman, write to us.
2. My train had a major delay, I missed my plane. I filed a complaint, but the railway carrier failed to reimburse my costs. May I turn to the Ombudsman?
Yes. Situations in which passengers have suffered losses for disruptions in traffic often occur in the cases submitted to the Ombudsman.
Such cases are, however, complicated. Remember that a carrier is not obliged to cover the costs you incurred in every case; if the reason for the delay has been beyond the railway carrier’s control, but has arisen, for example, from an accident on a level crossing caused by a driver or difficult weather conditions (storms, snow storms, etc.), the railway carrier has the right to reject the claim.
Show us the case documentation and we will verify what your particular journey case is.
3. I was requested on the train to pay for a journey without a valid ticket. I filed an appeal, but the carrier did not acknowledge it. Can the Ombudsman help me?
Remember that whilst inside the carriage you should always have a valid ticket and a document confirming your right to a discount. Carriers also have the right to set rules by which they impose, e.g. an obligation to enter the train via the front door and purchase a ticket from a conductor.
However, if there is a dispute with a carrier and you think there were specific circumstances that were not taken into account, ask the Ombudsman. We will analyse your case in detail and check whether the carrier acted properly.
4. I decided not to travel by train and I wanted to return my ticket after its validity term. The carrier refused to give me a refund. Did the carrier have the right to do that?
If you cannot make a journey, you should return the ticket prior to the journey date or prior to the scheduled time of its completion; carriers have various regulations relative to potential ticket return times. If you cannot do that, you should get confirmation that you have not used your ticket from a ticket office.
Every situation, however, should be considered on a case by case basis. Ask the Ombudsman, and we will analyse whether there are reasons for the carrier to reverse their negative decision and give you a refund for the price you paid for the ticket less the “give up” fee (usually around 15%).
5. Air-conditioning or heating was not working in the train; I had to travel standing despite having a “seat reservation ticket”, etc. The carrier refused to pay compensation, or they did grant compensation, but at a lower rate than I expected. Will the Ombudsman handle the proceedings in such case?
Yes. By executing a carriage contract, a carrier agrees to ensure a specific service level. The information available on the timetable and on the ticket are decisive; if pursuant to such information, for example, we should travel in an air-conditioned carriage, on a specific seat, in a carriage of a specific standard, with wireless Internet available, etc. and there were no such services provided, you may claim compensation.
The effective legislation does not specify its rate of compensation, so every case is considered individually. The Ombudsman will verify the level of inconvenience and will suggest a resolution taking into account the circumstances of the event.
6. Are there any financial limits applicable to a dispute that may be subject to proceedings before the Ombudsman?
Yes. The value of a passenger dispute may not be lower than PLN 10.00 and more than PLN 20,000.00.
7. I saw an event jeopardising safety, for example, an improperly marked level crossing, damaged rails, etc. Can I also turn to the Ombudsman in such cases?
No. The Ombudsman solely handles individual cases related to disputes between passengers and the railway market entities.
If you see a hazard, report it to the President of the Office of Rail Transport by calling: 22 749 15 85 or by completing the form.
8. I have no specific claims, but I think that one of the railway market entities infringes passenger rights. Will the Ombudsman undertake any system measures in order to resolve the problem?
The Ombudsman handles cases related to individual disputes between a carrier (or any other entity, for example a railway station manager) and a passenger. It may only establish guidelines reflecting resolutions for repetitive problems while resolving disputes. If, regardless of the claims for suffered financial losses filed with an operator, you notice irregularities that require system measures, report them to the President of the Office of Rail Transport writing to the following e-mail address: pasazer@utk.gov.pl.
At this address, the ORT President receives reports on potential violations of passenger rights, including irregularities in passenger information, train identification marks, distribution of tickets, or services for handicapped persons, etc.
9. I have a question concerning passenger rights, where I can ask it?
Any questions and concerns are clarified by the consultants of the Office of Rail Transport. On issues pertaining to disputes between passenger and carriers, there is also the Rail Passenger Rights Ombudsman. You can call this number: 22 460 40 80 or 801 044 080 between 8:15 a.m. and 4:15 p.m. You will hear typical subjects to which the report may apply. Select a relevant issue and you will be put through to a consultant. Outside these hours, you may leave a message about your report, which will be dealt with during the working hours of the ORT.