The forthcoming summer holiday period is the time, which probably many readers will benefit from rail service. It has been known, trips that promptness Polish rail is not the best, and hours of delay, that took place this winter, events are not entirely unique. There is hope, that this situation will change, and improvement of the situation is threatening economic sanctions forced the carrier. On 01.07.2011 r. enters into force for the new regulation relating to the rights of rail passengers, which will allow them to obtain compensation from the carrier for delay in the carriage. The new rules represent a kind of revolution, as the primary compensation will be payable by the mere fact of delay, and the traveler will not be required to demonstrate the amount of damage.
European regulations of delayed ignition
As in many other cases, legislation to increase protection of consumer rights thanks to a new regulation of the European Union. On 23.10.2007 r. regulation was issued (WE) no 1371/2007 European Parliament and Council concerning the rights and obligations of rail passengers (content available here). Published in the Official Journal of the EU on 03.12.2007 r. and in accordance with. 37 Regulation entered into force on 03.12.2009 r. Why, then, in Poland, the provisions of Regulation on compensation for delay shall come into force until 01.07.2011 r.? European legislator was aware of the significant changes introduced by new regulations and difficulties in adjusting railway operations to the changed legal conditions. Stąd w art. 2 paragraph. 4 i 6 Regulation provides, that each Member State may grant an exemption from the provisions of regulation for a period not exceeding 5 years for domestic routes and routes, in which a substantial part of the service, including at least one stop located outside the EU. This exemption may be extended, with regard to domestic routes up to twice each time for 5 years.
Polish legislature has used the powers granted to it, and Articles. 2 paragraph. 1 Act of 25.06.2009 r. amending the act on railway transport (content available here) decided, that until 30.06.2011 r. provisions of the regulation relating to compensation for delays (art. 17) will not apply to domestic passenger services and connections with stations located outside the EU. At the same time art. 2 paragraph. 2 i 3 predicted, also that the date of 01.07.2011 r. by 03.12.2014 r. at the request of the regulatory body concerned may be exempted certain rail. The relief by way of a Regulation of the Minister responsible for transport and can be renewed twice each time for a period not exceeding 5 years.
What a train ride, to receive compensation
Railway carriers also decided to use as described above to obtain exemptions, hence the new powers will not be entitled to passengers on all trains. In accordance with § 2 Regulation of the Minister of Infrastructure of 25.05.2011 r. on the exemption from certain provisions of Regulation (WE) no 1371/2007 European Parliament and Council on the rights and obligations of rail passengers (content available here) art. 17 for compensation for the delay applies to all national calls and calls from stations located outside the EU only realized the type of train Express, InterCity, Express InterCity, Euro City and Euro Night. In all other types of trains the new rules will be turned off.
Compensation for the same delay
Under the said Article. 17 paragraph. 1 Regulation passenger - without losing the right of transport - is entitled to receive compensation for delay, for which he did not receive a refund of the ticket. The minimum amount of compensation is 25 % ticket price for a delay of 60 do 119 minut i 50 % ticket price, if the delay is at least 120 minutes. It must be remembered, that does not include delays in this place, that took place outside the EU. Compensation value is calculated from the actual cost of the ticket purchase, so will include m.in. cost of buying a ticket from the conductor.
To compensation is not necessary to prove damages. The amounts indicated are, however, is only minimal. Passengers can therefore claim a higher compensation, But in this case must now prove the amount of damage suffered.
Compensation should be paid within one month of the request. With the consent of the passenger payment may be in the form of vouchers or other services. However, if a passenger requests a withdrawal, carrier must agree to this.
An important limitation is the possibility of obtaining compensation provision of Article. 17 paragraph. 4 Regulation constituting, that compensation is not entitled to, If the traveler has been informed of a delay before you buy a ticket, or if the delay due to continuation on a different service or change the route is shorter than 60 minutes.
Concluding Remarks
The new rules will certainly be a significant motivating factor for rail improvements to the timeliness of services. It remains to be hoped, that the - probably traditionally crowded - holiday trains will arrive this time without major delays 🙂
Today, driving to work, the morning show in the Trinity I heard the story here:
One of the students chose to train for the Tri-Opener'a. He boarded the train at Warsaw West, train moving east to Warsaw, where the announcer told passengers, the train leaves the station with a delay sześćdziesięciominutowym. Of course, some of the passengers took the opportunity and left the train. At 10 minutes. Lady of the announcer announced something like this (I quote from memory): Please persons, which are in contact with persons, which came out of the train of relations […], Information, that the train will depart for 10 minutes.. I drove.
I do not know, is this real case, but unless our legislature such “bareizmów” probably did not foresee… 🙂
Fortunately, the Polish legislator is no stranger to the creativity of PKP art. 62 paragraph. 1 transport law predicted, that the carrier is liable for damage, which the traveler has suffered as a result of premature departure means of transport. In this case, against the official announcement, that the train will leave with a certain delay, departure should be seen as premature.