How to Initiate Proceedings?

A request to initiate proceedings may be filed in several ways:

• By using a form;

• By e-mail (specimen of the request to be completed) to the following address: rzecznik@pasazer.gov.pl;

• By regular postal service 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. You may obtain a request form in the main office of the Office of Rail Transport; such form should be completed and submitted to the main office of the Office. If you do not live in Warsaw, you may also receive a printed copy of the request and then file it at the offices of the Field Branches of the Office of Rail Transport. The contact data is available here.

• By means of the ODR platform. You may use this when the contract for carriage has been executed via the Internet. We encourage you to use this tool in the case of cross-border disputes, i.e. in a situation where the operator performs its business operations in another country or you do not speak well Polish and you want to file an application against a Polish operator. The advantages of this platform include the option to translate the case documentation, as well as to search for an ADR entity competent to hear the case. In other cases, the use of the other methods for filing a request indicated above may be more convenient.

Remember, a pre-condition for submission of a request for initiation of proceedings is an attempt to contact the operator being the other Party in the dispute (a railway carrier, a railway infrastructure administrator, a railway station owner, a railway station manager, a ticket vendor, or a tour operator and resolve the dispute directly, e.g. by way of a complaint processing procedure. You may ask the Ombudsman for help only when you are dissatisfied with the manner of the operator’s handling your complaint.

Your request should include:

- Indication of the Parties – please, provide the data, your first name and surname, address and the operator’s name,

- Precisely defined demand with indication of the subject of the dispute; please, write what your demand is and the event to which it applies; for example, a refund of a specific sum of money for an unused ticket, compensation for a delayed train, or a refund of an unduly charged fee for the absence of a valid ticket. Indicate the specific amount of money you want to have disbursed by the operator,

- Indication of the type of proceedings – the Ombudsman resolves disputes by presenting proposals on how to resolve them to the Parties; therefore, all you need to do is to indicate in your request that you seek that the dispute should be resolved in such manner,

- Description of the circumstances of the case – write what exactly has happened,

- Information on the progress to date of the passenger dispute – please, describe how your contact with the operator and attempts of dispute resolution were,

- Copies of documents in your possession confirming the information contained in the request; attach to the request everything which confirms the information you are providing, for example, copies of tickets, the filed complaint, the operator’s replies, a copy of communication between you and the operator to which the request pertains, if the request is filed by an attorney, an original version or a copy of the power-of-attorney,

- The following statements:

• Statement on the attempt undertaken to contact the other Party and direct resolution of a passenger dispute with the date of the undertaken attempt to establish contact and direct resolution of a passenger dispute (for example, the date of filing a complaint with the carrier);

• Statement that the case on the same claim between the same Parties is not in progress or has not already been heard by the Ombudsman or any other competent entity or court; please, remember that if you have already filed suit against the operator in the same case, or proceedings before the Ombudsman or any other entity authorised to resolve disputes in a conciliatory manner are pending, the Ombudsman shall be obliged to deny hearing the dispute;

Indicate also if you agree to deliver letters to the Parties to the proceedings and the exchange of information between the Parties to the proceedings by means of electronic communication and provide your e-mail address. If you submit such a statement, the exchange of information between you and the operator and delivering the Ombudsman’s letters will be done by e-mail. If you do not express such consent, communication will be exchanged by registered letter.

Do not forget to sign the request when it is completed. It is sufficient to sign a paper version of the request and then send its scan or a photo to the Ombudsman’s e-mail address. You may also sign the request only by using the computer keyboard.

All above components have been included in the form, all you need to do is to complete it step-by-step.

If your request does not meet the indicated requirements, you will be asked to complete missing elements; you will have 7 days to do this.

The Ombudsman will then notify you and the operator about initiation of the proceedings and will simultaneously ask the operator to provide feedback to your request.