Complaints, requests, refund claims

COMPLAINTS AND REQUESTS

  1. A traveller may file a complaint/request with the WKD concerning:
    1. the quality of services,
    2. the conduct of the WKD staff,
    3. other vital issues, connected to the operations of the WKD
  2. A complaint/request cannot contain the claim for compensation.
  3. A complaint/request should be lodged within 7 days following the date of the event resulting in lodging a complaint/request, providing the detailed description (inter alia: date, place, number of the train, the train service line as well as the time of the departure of the train; identification number of a ticket inspector, etc.).
  4. Moreover, any requests for improvement of the services may be submitted to the WKD, train service offer, the current train timetable and any other issues if they fall within the authority of the WKD.
  5. Complaints and requests may be submitted by means of filling a "Form to report an appeal against the issued summons, refund claim, complaint and request" (form no. 26 attached to the Rules of the carriage of people, items and animals by the Warsaw Commuter Rail Ltd. - RCP-WKD) or submitting a separate letter:
    • by regular mail service, to the following postal address or in person in the office of the Warsaw Commuter Railway (WKD):
      Warszawska Kolej Dojazdowa sp. z o.o. [Warsaw Commuter Railway Ltd – WKD]
      ul. Batorego 23 [23 Batorego Street]
      05-825 Grodzisk Mazowiecki
    • at the WKD ticket office or by making an entry in the “Book of complaints and suggestions”
    • by e-mail, to the following e-mail account: wkd@wkd.com.pl
  6. In the event of filling a complaint or a request including the information concerning the state of health or attaching documents containing information relating to the state of health, it is necessary to give consent to the Warsaw Commuter Rail Ltd. with its registered office at 23 Batory St., 05-825 Grodzisk Mazowiecki,  to process the shared personal data concerning the state of health / the state of health of a person in care to examine such a complaint or request and answer it. In the absence of consent to process the personal data regarding the state of health, the data will be deleted by the administrator and not taken into consideration in the proceedings. The consent shall be given by means of filling the form no. 26 attached to the RCP-WKD or making a declaration in line with the form no. 27 attached to the RCP-WKD, and attaching it to the complaint /request submitted in the form of a separate letter.
  7. Within one month, WKD responds to the complaint/request, providing relevant justification, or in relevant cases, informs a passenger about the time limit shorter than 3 months from the date of lodging the complaint, within which one may expect the response.
  8. If, on the basis of the complaint or request, it is impossible to specify the subject matter of the complaint or request, a person lodging the complaint or request is summoned to submit explanatory notes or complement the complaint or request within 14 days from the date of receiving the summons with the notes of guidance that the failure to submit explanatory notes or complement the complaint or request shall result in turning down the complaint or request.
    In the event of including the data concerning the state of health in a complaint/request and the lack of consent to process the data, the WKD summons to complement it within 14 days from the date of receiving summons with the notes of guidance that the failure to complement the complaint/request shall result in deleting the data and not taking it into consideration during the examination of the complaint/request.
  9. The WKD does not respond to the complaints or requests that do not include the name and surname of a person (name of an institution) lodging the complaint/request as well as complete address for letters and communications.

REFUND CLAIMS

  1. Refund claims concerning the train services of the Warsaw Commuter Railway (WKD) are accepted and examined on the basis of the rules provided for in the following regulations:
    1. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. (European Law Journal no 315 item 14 with subsequent amendments of 03.12.2007)
    2. Transport Law (Journal of Laws 2000 no 50 item 601 with subsequent amendments)
    3. Regulation of the Minister of Transport and Constructions of March 24, 2006 regarding determination of the status of shipment and complaint procedure. (Journal of Laws no 38, item 266)
  2. A traveller may file a refund claim to the WKD concerning the failure to perform or improper performance of the train service agreement, claiming a compensation of damages through the reimbursement of transport costs, covering the additional documented material losses or any other form of compensation in line with the business activity profile of the carrier.
  3. A complaint should be made in a written form.
  4. A complaint should contain:
    1. the date when the refund claim is made;
    2. name and the address of the registered office of the WKD;
    3. name and surname (or: legal name) and address of a person submitting the refund claim;
    4. the subject matter and the grounds for the refund claim;
    5. the amount of the refund claimed (separately for each ticket or travelcard) and if need be, the name of the bank and the number of the bank account that should credited with the refund in case the refund claim has been accepted.
      a list of attached documents (serving the grounds for the refund claim);
    6. signature of the person submitting the refund claim.
  5. The refund claim should be accompanied with, adequately to the nature of the refund claim, original documents of the train service agreement (including but not limited to the original of a ticket/travelcard) and certified to be true copies (by e.g. authorized WKD staff - an employee of the WKD Marketing and Sales Services Department/Secretariat of the WKD or a WKD ticket office cashier, authority issuing the document, a public notary), copies of other documents related to the type and amount of the claim, including copies of documentary proof for the entitlement to discounts or statutory allowance or free ride.
  6. The refund claims may be submitted by means of filling a "Form to report an appeal against the issued summons, refund claim, complaint and request" (form no. 26 attached to the Rules of the carriage of people, items and animals by the Warsaw Commuter Rail Ltd. - RCP-WKD) or submitting a separate letter:
    • by regular mail service or in person in the office of the Warsaw Commuter Railway (WKD):
      Warszawska Kolej Dojazdowa sp. z o.o. [Warsaw Commuter Railway Ltd – WKD]
      ul. Batorego 23 [23 Batorego Street]
      05-825 Grodzisk Mazowiecki,
    • at the WKD ticket office
    • by e-mail service to the following e-mail account: wkd@wkd.com.pl
  7. In the event of filing a refund claim including the information concerning the state of health or attaching documents containing information relating to the state of health, it is necessary to give consent to the Warsaw Commuter Rail Ltd. with its registered office at 23 Batory St., 05-825 Grodzisk Mazowiecki, to process the shared personal data concerning the state of health / the state of health of a person in care to examine a complaint or request and answer it. In the absence of consent to process the personal data regarding the state of health, the data will be deleted by the administrator and not taken into consideration in the proceedings. The consent shall be given by means of filling the form no. 26 attached to the RCP-WKD or making a declaration in line with the form no. 27 attached to the RCP-WKD, and attaching it to the refund claim submitted in the form of a separate letter.
  8. The WKD is entitled to accept any refund claim meeting the requirements referred to in Paragraph 3-5.
  9. The regulations governing the refund claims arising from the carriage of people, also apply to the carriage of items and animals in the care of a traveller.
  10. The refund claims containing the accusation of the failure to perform or the improper performance of the train service agreement should be filed within one year from the date of the relevant event.
  11. The statute of limitations for the claims governed by the Transportation Law or the related implementation regulations shall become binding after a year from the date of the train service or the planned date of the transportation, in case train service has not been provided.
  12. Shall the lodged refund claim not meet the requirements stipulated in Paragraph 3-5, the WKD summons a person lodging the refund claim to complement it within 14 days from the date of receiving the summons, including the notes of guidance that the failure to submit explanatory notes or complement the claim shall result in turning down the refund claim. The date of filing the complemented refund claim shall be the date of lodging the refund claim.
    In the event of including the data concerning the state of health in a refund claim and the lack of consent to process the data, the WKD summons to complement it within 14 days from the date of receiving summons with the notes of guidance that the failure to complement the refund claim shall result in deleting the data and not taking it into consideration during the examination of the refund claim.
  13. The refund claims should not be examined in case they are lodged beyond the time limit set out in Paragraph 11 and 12.
  14. The response to the refund claim shall be made immediately, not later than within 30 days following date of lodging the refund claim.
  15. The failure to meet the time limit for examination of the refund claim by the WKD, shall result in acceptance of the refund claim.
  16. In the case of a traveller’s  appeal against the decision to not recognise the refund claim or to recognise it partially, within 14 days from the date of receiving the appeal, the WKD may change the decision if it finds that an incorrect assessment of the facts has been made or when new relevant and previously unknown circumstances are brought to light.
  17. Claims may be asserted within the framework of civil court proceedings solely in case the refund claim procedure has been unsuccessfully exhausted.

 

APPEALS RELATED TO COMPLAINTS DUE TO TRAVELLING WITHOUT A VALID TICKET OR WITHOUT A DOCUMENTARY PROOF FOR THE ENTLEMENT TO FREE RIDE OR DISCOUNTS

In the case of receipt of the default notice the appeals are received and examined on the behalf of the WKD by:
„Przewozy Regionalne” spółka z o.o.
Biuro Windykacji Należności Przewozowych

Poznań 60-715, ul. Kolejowa 5, or
e-mail address: windykacja@p-r.com.pl fax: (61) 633-43-54

Information may also be obtained at the following telephone numbers: 783-932-872 or 783-933-066, 783-933-067, 783-933-069, 783-933-083
on working days at 7.15 a.m. - 2.45 p.m.
Personal appointments at the registered office on working days: 9.00 a.m. - 1.00 p.m.
It applies only to default notice issued until 31 May 2015.

REWIZOR O/Warszawa
Al. Jerozolimskie 144
02-305 Warszawa (PKS POLONUS building, Western Station, second floor, room 402)
e-mail: biuro.warszawa@rewizor.eu

Information may also be obtained at the following telephone number: 735-91-91-90 on Mondays, Wednesdays, Fridays at. 8:00 a.m. – 15:00 p.m.
Personal appointments at the registered office: on Mondays, Wednesdays , Fridays at. 8:00 a.m. – 15:00 p.m.
It applies to default notice issued from 1 June 2015 .

A traveller holding the entitlement to free ride or price reduction, who failed to present a valid document corroborating the entitlement or failed to present a valid personal period travelcard, may within 7 days from the date of receiving the default notice (excluding the date of issue of the default notice), lodge complaints to the aforementioned office, attaching a certified copy of the document and the ticket as well as the confirmation of the payment of the handling charges amounting to PLN 10.00 to the bank account designated in the default notice.
The default notices issued for the failure to present a valid single fare ticket do not constitute the grounds for lodging a complaint.

PLEASE, NOTE! The additional charge:

  1. for the journey without a valid ticket – PLN 180.00
  2. for the journey without valid documentary proof for the entitlement to a free ride or a discount ticket – PLN 144.00
  3. for the breach of the regulations governing the carriage of items and animals – PLN 72.00.

An appeal against a default notice issued in a train may be submitted by means of filling a "Form to report an appeal against the issued summons, refund claim, complaint and request" (form no. 26 attached to the Rules of the carriage of people, items and animals by the Warsaw Commuter Rail Ltd. - RCP-WKD) or submitting a separate letter:

  • by regular mail service or in person in the organisational unit indicated in the default note, at the following address:

    REWIZOR O/Warszawa
    Al. Jerozolimskie 144
    02-305 Warszawa (PKS POLONUS building, Western Station, second floor, room 402)

  • by regular mail service or in person in the office of the Warsaw Commuter Railway (WKD), at 23 Batorego Street in Grodzisk Mazowiecki,
  • at the WKD ticket office
  • by e-mail, to the following e-mail account: wkd@wkd.com.pl

In the event of filing an appeal against the issued default notice including the information concerning the state of health or attaching documents containing information relating to the state of health, it is necessary to give consent to the Warsaw Commuter Rail Ltd. with its registered office at 23 Batory St., 05-825 Grodzisk Mazowiecki and „REWIZOR”, with its registered office at Chwaszczyńska 49A/3 St., 81-571 Gdynia to process the shared personal data concerning the state of health / the state of health of a person in care to examine an appeal or request and answer it. In the absence of consent to process the personal data regarding the state of health, the data will be deleted by the administrator and not taken into consideration in the proceedings. The consent shall be given by means of filling the form no. 26 attached to the RCP-WKD or making a declaration in line with the form no. 27 attached to the ROP-WKD, and attaching it to the appeal submitted in the form of a separate letter.

Download a form to report an appeal against the issued summons, refund claim, complaint and request

Download a declaration to give consent for processing the personal data in the case of including the information concerning the state of health in the appeal against the issued summons, refund claim, complaint, request or in the case of attaching the documents containing information concerning the state of health

After the complaints procedure has been exhausted, a passenger has the right to lodge a complaint to the President of the Rail Transportation Office to the following address:

Urząd Transportu Kolejowego
Aleje Jerozolimskie 134
02-305 Warszawa
helpline number: 801 044 080 or 22 460 40 80
e-mail: pasazer@utk.gov.pl