Tickets and transport time delay of the carrier

In many cities in Poland, for journeys by public transport tickets are valid temporary. They allow the passage of transport for a specified amount of time. Exceeding the time frame is generally regarded as driving without a valid ticket with all negative consequences. It has been known, that the punctuality of public transport is still the best and often the delays occur while driving. The question therefore arises: how the delay affects the transport of passengers using ticket time?

Poznan in traffic

The inspiration for this entry is the situation prevailing for several weeks in Poznan road, accompanied by debate on extension of time tickets. In early September, because while many renovations begun strategic roads in the city center, which together with the inhabitants of the holiday back to result gigantic chaos communication. The victims of these events were not just car users standing in huge traffic jams, but public transport passengers. On the one hand, the number of trams are forced to ride detours, which extends at the same time and travel expense to a specified location, the other buses are standing in traffic on a par with cars (Unfortunately, in Poznan – if I'm not mistaken – There is only one bus lane with a length of several hundred meters).

From the beginning, there were voices, that in such circumstances, extend the time validity of tickets, because transfers take longer than in the repairs, and so people often cost twice as much (obviously does not apply to persons using the online ticket). Initially, the councilors were against, But ultimately the decision of President extended between the hours of 6 do 19 the duration of the Ticket 15 minutes to 25 minutes, a 30 minutes to 45 minutes. The new rules apply to the end of the planned repairs or to 30 April next year.

Are the changes were necessary?

I do not hide, I have mixed feelings about the new regulations. On one hand, actually extending the tram route diversions for passengers has become a real additional cost in this area should be assessed positively the changes. On the other hand, lengthening the time tickets in the buses I used not only as unnecessary, but even as harmful. It suggests, it bears the risk of passenger, that the passage is longer than planned and had no new rules, bear full responsibility for, as a result of getting stuck in traffic over the validity of the ticket. With this position I can not agree.

The carrier is responsible for the delay

The essence of the contract of carriage is the obligation of the carrier to transport people to a particular section. For practical reasons, in public transport instead of selling tickets for certain sections introduced temporary ticket. This does not mean, that the subject of the contract in this case is the opportunity to be a passenger in the means of transport for a specified amount of time. Since the agreement concerns the movement on a specified route, Time for tickets the passenger has access to the services on any segment of the carrier, whose scheduled travel time includes the time, for which the ticket was purchased. So, if you are going to travel the route, which according to the timetable needs to address 15 minutes, for this purpose must purchase a ticket at least 15 minute, and it should enable us to reach the destination.

The primary duty of the carrier is timely implementation of obligations under the contract of carriage. Since the carrier in the timetable agreed with, that the carriage on a specified route in certain time, responsible for this, by transportation really at such a time was carried out. Art. 62 paragraph. 2 pr. wire. explicitly states, that the carrier is liable for damage, passenger suffered as a result of delayed arrival or cancellation regularly plying the means of transport. Legislation emphasizing the obligation to comply with the timetable can be found also in the regulations of each carrier. For example, in accordance with § 9 paragraph. 2 Rules of transportation transport passengers in Poznan, who has concluded a contract of carriage, has the right to travel by public transport so as to ensure its safety within the timeframe specified in the schedule.

So if the carrier is obliged to ensure, that journey lasted no longer than the time specified in the schedule, and on the basis of this distribution, the passenger shall decide, How to buy a ticket time, carrier can not charge the passenger the consequences of this, that the carriage was carried out in breach of contract. Despite the passage of time validity of the ticket the passenger has in this case the right to travel to the planned route, in length according to the timetable was in the time of validity of the ticket.

Issues of evidence

Unfortunately, in the case challenging the powers of passenger transport to travel a passenger has to demonstrate, that such a right is vested in him. It would have to prove either that the resulting delays in transit, or even the fact, that got into the mode of transport in a certain place at a given time. There will always be this easy, while taking into account, that these circumstances may be proved by all possible means, it is not impossible (especially when more and more widespread use of mobile phones with a function of location).

Concluding Remarks

In most cases, passengers are unlikely to convince the auditor to withdraw from writing a supplementary charge for driving without a valid ticket, referring to the delay in the carriage. In such situations, it is worth a complaint to the carrier, because there are grounds for its account.