1. CAUSE OF A PROBLEM

The main reason for the problem that has been affecting railway stations across Poland in recent times is the rise in fuel prices and the holiday season which means high interest in travel. Trains are currently overcrowded, passengers are complaining of a lack of air conditioning which, in the current climate crisis, makes travel as miserable as possible, and there are no tickets available for many journeys even days before the trip.

1. DELAYED TRAIN – COMPENSATION UNDER THE EU REGULATION

It is important, first of all, to identify when a delay occurs, and this happens, when the train departs or arrives at its destination later than the scheduled time.

When faced with a problem with train travel, Regulation (EC) No 1371/2007 of the European Parliament and of the Council of October 23, 2007 on the rights and obligations of rail passengers will be useful. However, it should be remembered that the above regulation currently applies in Poland only to delays of domestic long-distance trains of the Express Intercity Premium (EIP), Express InterCity (EIC), InterCity (IC), Twoje Linie Kolejowe (TLK), interREGIO (IR) categories and international connections. Pursuant to the Regulation, the minimum amount of compensation is:

• 25% of the single ticket price in the event of a delay of between 60 and 119 minutes,
• 50% of the single ticket price in the event of a delay of 120 minutes or more.

The calculation of the period of delay shall not take into account any delay that the railway company can demonstrate as having occurred outside the territory in which the Treaty establishing the European Community is applied. In addition, please note that compensation for delays is paid when the value of the compensation in question per person exceeds the minimum threshold set by the carrier. The amount of this threshold may not exceed EUR 4.

In accordance with the Regulation in question, to the passenger not entitled the right to compensation if informed about the delay before purchasing the ticket or if the delay as a result of continuing the journey on another connection or changing the route is less than 60 minutes.

According to the Regulation, a passenger does not have a right to compensation if s/he is informed of a delay before purchasing a ticket or if the delay as a result of continuing the journey on another connection or changing the route is less than 60 minutes.

Compensation for train delays may take the form of a voucher entitling the passenger to a discount on the purchase of another ticket or, if the passenger expressly indicates this in the complaint, the payment of a specific amount

• DELAYED TRAIN – COMPENSATION FOR PASSENGERS OF ALL TRAINS

Apart from the compensation resulting from the Regulation No. 1371/2007 of the European Parliament and of the Council of October 23, 2007 on the rights and obligations of passengers in rail traffic, the passenger of a delayed train has the right to claim compensation for repairing damage under the general provisions of the Civil Code (i.e. Article 363 §1 and 471 of the Civil Code) and the Transport Law. Pursuant to Art. 62 sec. 2 of the Act – Transport Law the carrier is responsible for the damage suffered by the traveller as a result of delayed arrival or cancellation of a regular means of transport. If we wish to pursue a claim under national legislation, it is necessary to prove the loss suffered, but it must be taken into account that in such a case, the carrier considers the case on a discretionary basis, i.e. it may reject, reduce or accept the claim in full. It should also be taken into account that the carrier may be released from liability if the delay of the train and the associated damage were caused by reasons entirely beyond its control, i.e. extraordinary events:

• which the carrier had no influence on,
• which, despite due diligence, the carrier could not foresee,
• the consequences of which the carrier could not have prevented (e.g. overhead line rupture due to a storm, a member of the public being hit by a train, etc.).

However, extraordinary events do not include cases of self-inflicted rolling stock failure, not caused by external factors.

1. HOW TO FILE A COMPLAINT TO PKP INTERCITY?

Compensation is paid at the passenger’s request. In such a request, it is necessary to indicate your details, write which connection the claim relates to, indicate what the train delay was and specify your request. The compensation is usually awarded in the form of a voucher as well, so if someone wishes to receive the compensation in cash, this should be explicitly stated in the application, together with the account number to which the carrier is supposed to make the transfer. The claim for compensation can also be sent by traditional means or submitted to a specially designated cash desk. On the other hand, cash registers handling complaints are not available at every railway station, but rather only at larger stations. Nonetheless, the fastest way to submit a request is electronically, either by sending it to the carrier’s email or by filling in a dedicated form on the carrier’s website.