Interactive form

INSTRUCTIONS

Please note that the Ombudsman cannot deal with your dispute unless you have first tried to resolve it with the trader by lodging a complaint. Attach a copy of any correspondence regarding your complaint to your application.

Before submitting an application, read the information on amicable proceedings available on the website: www.pasazer.gov.pl .

Pay particular attention to the following important information:

The Rail Passenger Ombudsman functions at the President of the Railway Transport Office (UTK). Remember that the Ombudsman and the President of UTK take different actions. The Ombudsman conducts amicable proceedings, whereas the President of UTK exercises systemic supervision over observance of passengers' rights in rail transport, including consideration of passengers' complaints on violation of their rights. The differences between amicable and complaint proceedings are described on the Ombudsman's website.

Amicable proceedings are separate from intervention actions and are based on the following principles:

voluntariness and acceptability - participation in the procedure is voluntary for both the passenger and the operator; the parties may withdraw from the procedure at any stage and may not agree to the Ombudsman's proposed solutions to the dispute; and the parties accept the rules for the conduct of amicable proceedings as described on the website and in legislation;
impartiality and neutrality: the Ombudsman treats you and the trader equally and has no interest in concluding the proceedings according to the wishes of either party;Remember that the Ombudsman takes into account the arguments of both parties in the proceedings and tries to find a solution that will bring the dispute to an end while being acceptable to you and the company. It is important that you are open and willing to accept concessions on your request. We expect the same from the company;
confidentiality - the Ombudsman and those conducting the inquiry, as well as the parties involved, are obliged to keep confidential the facts, proposals for resolution of the dispute or positions presented during the inquiry, including during any court proceedings.

I represent that:

I undertook an attempt to contact the other Party and direct resolution of a passenger dispute on 22 May 2017 (for example the day of filing the complaint with the carrier);)

the case on the same claim between the same Parties is not pending and has not been already heard by the Ombudsman or any other relevant entity or court.

(Remember if you have filed a suit against an operator before or proceedings on the same case have been pending before the Ombudsman or any other entity entitled to conciliatory dispute resolution, the Ombudsman will be obliged to refuse hearing the dispute).

I agree to serving letters to the Parties to the proceeding by electronic communication means.

(If you make such a statement, the exchange of information between you and the operator and delivering the Ombudsman?s letters will be done via electronic mail. If you do not express such consent, communication will be exchanged by registered mail).

I have read the information on conciliatory proceedings available on the website www.pasazer.gov.pl and accept the rules of conciliatory proceedings.

According to art. 13 par. 1 and par. 2 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (OJ of the EU L No. 119 of 4 May 2016, p. 1, hereinafter referred to as "RODO"), we inform that:

1) The administrator of personal data is the President of the Office of Rail Transport (President of UTK), based in Al. Jerozolimskie 134, 02-305 Warsaw, tel .: 22 749 14 00, e-mail: utk@utk.gov.pl in relation to personal data provided by you;
2) The data protection officer at the Rail Transport Office (UTK) is Mr Paweł Rafalski, tel .: +22 749 15 44, email: iod@utk.gov.pl;
3) Your personal data, in particular the name, date of birth, address of residence, telephone number, as well as personal health data necessary to prove the claim, will be processed in order to carry out the dispute resolution procedure, legal basis for processing your personal data is art. 16a and 16c of the Act of 28 March 2003 on rail transport (Journal of Laws of 2019, item 710, as amended) granting the right to the Rail Passenger Rights Ombudsman to conduct proceedings;
4) The recipient of your personal data will be the Rail Passenger Rights Ombudsman and Ombudsman team members at the Rail Transport Office, as well as the entity with which you are in dispute;
5) Your personal data will not be transferred to a third country / international organization;
6) Your personal data will not be transferred to third parties, unless it is obligatory accordingly to the law;
7) Your personal data will be stored at the Railway Transport Office for a period of 3 years from the end of the proceedings, after this period they will be forwarded to the office archives, and then within the period specified by law to the state archives where they will be kept perpetually;
8) You have the right to access your data and its rectification, deletion, limitation of processing, transfer, as well as the right to object to the processing, you also have the right to withdraw your consent to the processing of your personal data at any time without the impact on the legality of the processing which was carried out on the basis of consent before its withdrawal;
9) In relation to the processing of your personal data, you have the right to submit a complaint to the supervisory body - to the President of the Office for Personal Data Protection;
10) Providing your personal data is a requirement of a request to initiate proceedings before Rail Passenger Rights Ombudsman in accordance with art. 16e para. 3 and 4 of the Act of 28 March 2003 on rail transport (unified text: Journal of Laws of 2019, item 710, as amended) in connection with art. 33 para. 2 of the Act of 23 September 2016 on Out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), failure to do so may make it impossible to conduct proceedings by the Rail Passenger Rights Ombudsman;
11) Based on your personal data the President of UTK will not make automated decisions, including decisions being the result of profiling within the meaning of the RODO.

I represent that I have been informed about the objective and procedure of processing my personal data and I express my consent to the processing of my personal data by the President of the Office of Rail Transport with headquarters in Warsaw, Al. Jerozolimskie 134, 02-305 Warsaw, contained in the application for the initiation of proceedings before the Rail Passenger Rights Ombudsman in order to conduct these proceedings.