Participation in Conciliatory Proceedings
1. To what operators do passenger disputes pertain?
Passenger disputes pertain to operators, railway infrastructure managers, railway station owners or managers, ticket vendors or tourist operators.
2. What are the subjects of proceedings before the Ombudsman?
The subject of disputes heard by the Ombudsman may be, among others, obligations arising from passenger transport contracts or any other services provided to passengers by operators operating on the railway market.
3. The course and nature of proceedings before the Rail Passenger Right Ombudsman
Proceedings carried out by the Rail Passenger Rights Ombudsman are of a conciliatory nature. This means that their basic objective is to work out a compromise that will be satisfactory to both parties. This is achievable when both the passenger and the operator are open and ready to accept compromises in terms of their demands and positions during the proceedings. Both parties to the dispute may provide their own suggestions for resolution of the conflict and present their positions or evidence that the Ombudsman will take into account during the pending proceedings.
If a dispute is not resolved at the earlier stage, the Ombudsman, having taken into account the collected evidence and positions of the Parties, will present the suggested resolution. It will take into account the arguments of both Parties. In some cases, depending on the circumstances of the event and legal regulations, the case may be that the Ombudsman will agree with one of the Parties (the passenger or the operator) and will suggest a solution taking the view of one Party fully into account.
In the event that the Ombudsman presents a suggested out-of-court resolution to a passenger dispute, both the passenger and the operator will have an option to approve it or not to approve it within 7 days.
The proceedings will end at the moment of preparation of a report in which the Ombudsman will inform the Parties of the outcome of the proceedings, including, but not limited to, a statement as to whether the Parties have expressed their consent to the suggested dispute resolution.
4. Ombudsman’s impartiality and independence
The Ombudsman is the entity authorised to resolve passenger disputes in an out-of-court mode operating independently of the President of the Office of Rail Transport. The persons who carry out conciliatory proceedings do not follow recommendations of this authority and are not bound by the arrangements of supervisory or intervention proceedings carried out by the ORT President.
In the course of conciliatory proceedings, the Ombudsman and team members are impartial. It means that they take account of both the passenger’s and the operator’s interests. They present a suggestion that takes account of the arguments of both Parties which is possibly pleasing for them.
5. Benefits of participation in conciliatory proceedings
The institution of the Ombudsman is important not only for passengers, but also for operators and the development of the entire railway market.
From the market actors’ perspective, it is important that, due to access to inexpensive and efficient ways of resolving consumer disputes, an instrument has been developed that allows prolonged and expensive court trials to be avoided in disputable situations with consumers.
A decision to participate in them may be significant for the commercial business. It creates an opportunity for resolving problems without intensifying conflicts with passengers, which may positively affect the Company’s image.
6. Proceedings before the Ombudsman vs. court proceedings
In comparison to proceedings before a common court, conciliatory proceedings are flexible, easier to proceed with and free of charge. These proceedings are voluntary and based on a confidentiality guarantee. They are carried out by impartial and neutral experts who contribute to their effectiveness and urgent achievement of a consensus.
7. Duration of the proceedings
The Ombudsman has 90 days for completion of the proceedings. This time is counted from the day of delivery to a complete request for initiation of the proceedings. In the case of a particularly complicated dispute, this deadline may be extended.
8. Form of the proceedings
Proceedings may be carried out electronically or by exchange of printed paper documents.
As a rule, the passenger decides on the form of the proceedings, agreeing to an electronic form or not. In the event that a passenger agrees to electronic communication, letters to the Parties to the proceedings are delivered only by e-mail.
Please note that the deadline for the Company’s feedback to the passenger’s request is counted from the moment a letter is delivered by e-mail. Only in the situation when a passenger does not agree to electronic communication, will communication be delivered by regular postal service.
There is no obligation that letters sent in this way by the Parties should be signed by means of a qualified electronic signature of a profile of a trusted e-PUAP. Also, there is no need to provide the Ombudsman with the originals of the documents attached to letters; it is sufficient to send copies, scans or photographs.
The objective of these options is to make the proceeding less formalised to the reasonable extent and to guarantee their availability.
9. Rights of the operator in the proceedings
In the proceedings before the Ombudsman the operators have a right to:
1. Participate in the proceedings, including:
a) Presentation of their positions, documents, and evidence,
b) Access to positions, documents, and evidence presented by the other Party and the opinions issued by experts, as well as an option to present their feedback on them,
2. Use assistance of third parties, including the persons providing professional legal assistance,
3. Withdraw from the proceedings at any stage,
4. Not to express their consent to the suggested dispute resolution presented by the Ombudsman or not to comply with it.
Participation in conciliatory proceedings does not exclude the option to pursue claims in court proceedings. The presented suggestion of dispute resolution may differ from the resolution that could be made in court proceedings.
Remember to include information on whether the Parties to the dispute have undertaken any attempt to mediate or any other out-of-court dispute resolution in a potential court suit; in the event that such attempts have not been undertaken, explain the reasons for the failure to undertake them.
10. Nature of the Ombudsman’s decisions
The Ombudsman’s decisions are not binding. This means that they may not be subject to enforcement as is the case with a court verdict, even if both Parties have agreed to the proposed resolution.
11. Confidentiality
The course of conciliatory proceedings, including the content of suggested dispute resolution presented by the Parties and the Ombudsman, shall be confidential. The Parties to the dispute should not disclose the information pertaining to these proceedings, nor at the stage of potential court proceedings.