Complaining about PKP delay - when and how to get compensation? | PolishTrains

At a glance

• Compensation is due when a PKP Intercity train arrives at its destination 60 or more minutes late
• Delays of 60-119 minutes entitle passengers to 25% of the ticket price
• Delays of 120 minutes or more entitle passengers to 50% of the ticket price
• Proof of journey cancellation is available at ticket offices and PKP Intercity service centres
• Complaints for tickets bought via PolishTrains must be submitted through the PolishTrains customer service
• Unresolved complaints can be escalated to the President of the Rail Transport Office

Imagine arriving at a railway station and being met with an unpleasant surprise - your train is delayed. Unfortunately, such situations are not uncommon and can be due to a number of independent reasons. While you may decide to wait, it is sometimes necessary to find another, faster connection or even to cancel your journey. At such times, it is useful to know that, as a passenger, you have specific rights - including the right to claim. How do you get compensation for a delayed train?

Compensation for a delayed PKP Intercity train is due to the passenger when the train arrives at its destination with a delay of at least 60 minutes. This applies especially to long-distance and international trains that connect larger cities and often cover longer routes. The right to compensation is intended to alleviate the inconvenience of an unplanned increase in travel time.

The amount of compensation depends on the length of the delay and falls into two basic categories:

• 25% of the ticket price - delay between 60 and 119 minutes,

• 50% of the ticket price - delay of 120 minutes or more.

This compensation scheme allows passengers to receive adequate financial compensation, proportionate to the scale of inconvenience caused by the delay.

A PKP ticket complaint is an important tool to protect passenger rights, but it does not always involve a full refund of the costs incurred. Please note, however, that this provision currently applies in Poland only to delays on domestic long-distance trains, i.e. Express Intercity Premium (EIP), Express InterCity (EIC), InterCity (IC), Twoje Linie Kolejowe (TLK), interREGIO (IR), ŁKA Sprinter (ŁS) and international connections.

In the case of domestic connections, you have the right to submit a claim to PKP up to one year from the date of travel, while for international connections the deadline is shorter and is a maximum of one month from the date of travel. The date of filing a complaint, a request for a refund for an unused ticket, a complaint or any other notification is the date on which the carrier has received the full set of required documents.

The complaint actions you have to take differ, due to several factors.

• If the train the passenger has chosen is delayed by more than 60 minutes, or the train itself is late - the traveller collects a certificate from the ticket office, and the complaint actions are resolved through the service where the ticket was purchased. Complaints regarding the booking and purchase of tickets on our service can be submitted in writing to TravelTECH or by e-mail to the address provided on the PolishTrains service. Information on the acceptance of the complaint and its consideration will be communicated to the User by TravelTECH within 14 days from the date of its receipt or within any other period specified by the Carrier.

• ** If the train the passenger has chosen is delayed by more than 60 minutes, but decides to wait and use the ticket** - the traveller himself/herself submits a claim to the specific Carrier online, by letter or in person.

In order to seek compensation, the passenger must file a claim, enclosing the ticket and their contact details. How to do it correctly? Start by preparing a claim form.

A complaint about a PKP ticket should include the following:

• the name and surname (or company name) and address of the person making the complaint,

• detailed justification of the claim,

• bank account number or address for payment of the recognised claim (in the case of foreign transfers, the full name and address of the bank, IBAN number and SWIFT/BIC code should also be provided); for more efficient processing, it is advisable to indicate the specific bank and account number,

• signature of the person authorised to submit the claim - required in the case of a written form.

Copies of documents confirming the conclusion of the contract of carriage should be attached to the claim - in the case of online tickets, it is sufficient to indicate the ticket number. Depending on the nature of the claim, other documents to substantiate the claim may also be attached, including proof of entitlement to concessionary or free travel.

In order to receive a refund for a ticket, the ticket must be cancelled in the same system in which it was purchased. In the case of e-tickets, if the deadline for self-cancellation has passed - i.e. 20 minutes before the scheduled departure of the train from the departure station - it is necessary to obtain the appropriate cancellation confirmation. Such a confirmation can be obtained at the ticket counter or at the Customer Service Centre, provided that you report within the required time and in accordance with the Service Regulations. Please note that you can obtain the confirmation up to 30 minutes after the departure of the EIP and EIC, and up to the hour of arrival of the train at the destination station when travelling by IC and TLK.

To lodge a claim, you must first download the above mentioned certificate. The next step is to submit such a claim. It can be submitted in one of the three available forms: online, by post or in person. Each of these avenues gives the passenger the opportunity to claim their rights in a convenient way:

• Online - the most convenient and fastest form is to submit a complaint via the form available on the carrier's website.

• By post - a complaint may be sent by post to the address of the carrier's registered office.

• In person - a passenger can also submit a complaint on paper at one of the PKP Intercity ticket offices that accept this type of application.

Once a complete complaint is received, the carrier has 30 calendar days to consider it and respond.

To increase the likelihood of your complaint being successful on the PKP, it is worth taking care of a few key formal and substantive elements:

• Completeness of documentsMake sure you include all required attachments with your claim: a copy of your ticket (or e-ticket number), a certificate of cancellation (if required), and documents confirming your right to a concession or free travel - in the case of concession-related claims.

• Correct details and contactdetails Fill in your personal details and contact details accurately. If you are seeking a refund, be sure to indicate your bank account number and, in the case of an international transfer, also the IBAN and SWIFT/BIC code together with the name and address of your bank.

• Keepit concise and to the pointThe description of the situation should be clear, concrete and based on facts - avoid emotional wording. Include the date, train number, itinerary and the delay or other event that justifies the complaint.

• Keep to deadlinesMake your complaint to PKP in good time - you have up to 12 months for domestic connections and 1 month for international connections. The sooner you make a complaint, the quicker it can be dealt with.

• Keep a copyIt is always a good idea to keep a copy of your complaint and all enclosed documents - in case an appeal or further proceedings (e.g. a complaint to the Railway Transport Office) become necessary.

The amount of compensation for a delay of an Intercity (PKP Intercity) train depends on both the length of the delay itself and the price of the ticket purchased. These rules are set out in EU legislation - in particular Regulation (EC) No 1371/2007 on rail passengers' rights and obligations - and the carrier's internal regulations.

As mentioned earlier, in the case of delays to PKP Intercity trains, a passenger can apply for compensation of between 25% and 50% of the ticket value. The amount depends on the severity of the delay - the longer the delay, the higher the percentage of reimbursement. It is worth remembering, however, that the minimum amount on which compensation is paid is €4, or about PLN 17-18. If the calculated amount of compensation does not exceed this value, the claim will not be accepted.

There is no right to compensation when the delay is caused by extraordinary circumstances such as extreme weather conditions, natural disasters or acts of a third party which the carrier could not have foreseen or prevented.

The carrier shall also have the right to refuse to accept a claim where the delay of the train is caused by an act of a third party which thecarrier, despite exercising due care, could not have foreseen or prevented. This shall apply in cases such as the presence of persons on the tracks, theft of railway infrastructure components, extraordinary occurrences on board the train, interventions by law enforcement authorities and acts of sabotage or terrorism. In such circumstances, it is considered that the responsibility does not lie with the carrier.

Remember that a claim may be rejected if you are informed of a delay when purchasing your ticket. If your complaint is rejected or if you do not receive a response within the time limit, you have the right to lodge a complaint with the President of the Railway Transport Office.

How much time from the day of travel does a passenger have to make a claim for a delayed PKP Intercity train?

How much time a traveller has to lodge a complaint with PKP depends on the type of connection. For domestic long-distance (IC, TLK, EIC, EIP), the deadline is up to 12 months from the day of travel. For international connections, it is much shorter - a maximum of one month from the date of travel. The date of filing a claim for delay with PKP Intercity is the date on which the carrier receives a complete set of required documents.

What is the deadline for PKP Intercity to respond to a claim?

Once a complete claim for compensation for delay has been received, PKP Intercity has 30 calendar days to consider it and respond. If the complaint has been lodged through a sales intermediary, information about its acceptance and consideration is sent to the passenger in accordance with the procedure of the service in question.

What documents and information are worth enclosing with a PKP complaint to increase the chances of a successful claim for compensation?

In order to lodge a complaint with PKP Intercity effectively and without delay, it is worth ensuring that the application is complete. The complaint should contain: the name and address of the carrier, the name and surname (or name) and the address of residence or registered office of the person submitting the complaint, a detailed justification of the claim, as well as an indication of the amount of the claim separately for each document of carriage. It is also necessary to indicate the address for the payment of the recognised claim or the bank account number. The claim should be accompanied by the ticket or, in the case of online tickets, the number of the document of carriage. In the case of cancellation or purchase of a new ticket, it is also important to provide a certificate of train delay or a certificate of non-use of the ticket, obtained from the ticket office or Customer Service Centre. How do I lodge a complaint with PKP Intercity? This can be done online, by post or in person.