Regulation of the Minister of Transport and Construction on determining the status of shipments and the complaints procedure
of 24 February 2006 r. (Dz.U. No. 38, Item. 266)
Based on Article. 79 Act of 15 November 1984 r. – Transport Law (Dz.U. of 2000 r. No. 50, Item. 601, with subsequent. zm. ) is ordered, The following:
§ 1.
The Regulation defines:
1) detailed procedures and methods of determining the status of shipments;
2) conditions, be met by complaints and requests for payment for the carriage of persons and items;
3) complaints procedure.
§ 2.
1. The findings of the shipment is made by protocol during transport or after to determine the extent of the damage, If a breach of the consignment.
2. For violation of the shipment shall be any reduction of the shipment due to irregularities or omissions in the period between the adoption of the carriage until it is authorized.
3. The carrier shall proceed immediately to verify and establish the status of the consignment at the request of an authorized, and in the case, when:
1) noticing signs of infringement of the consignment, shipping container or means of transport (lead, closures, walls, floor or roof);
2) suspects, that the consignment has suffered loss or damage.
4. In taking these steps to check and establish the consignment, the carrier shall notify the authorized.
5. Grantee may participate in activities to verify and establish the status of the consignment in the case, determine if the shipment does not occur at the request of. In this case, the holder also sign a protocol to determine the shipment.
§ 3.
1. The Protocol establishing the shipment should include in particular information on:
1) original condition of the consignment and the consignment resulting from the entries in the transport document;
2) infringement of the shipment, shipping container or means of transport;
3) size violations, including the loss amount, mass or volume shipments;
4) the likely time and place, in which the violation status of the consignment;
5) putative causes of violations of the consignment;
6) other circumstances, in which a breach of the consignment.
2. If you determine the delivery is made after its release, This is recorded in the minutes the circumstances to disclose violations of the consignment.
§ 4.
Grantee or the traveler can make a complaint to the carrier:
1) for non-performance or improper performance of the contract of carriage;
2) when not in agreement with the request for payment, and may prove, he had a valid transport document or a document proving his entitlement to free or discounted travel.
§ 5.
1. Complaints in writing.
2. The complaint should contain:
1) date for the complaint;
2) name (name) and address (established) carrier;
3) name (name) and address (established) person filing the complaint;
4) title and justification of the complaint;
5) amount of the claim (separately for each of the transport document);
6) list of attached documents;
7) signature of person authorized to lodge the complaint.
3. To the complaint should be attached, appropriate to the subject of the claim, original documents relating to the contract of carriage (in particular ticket, waybill, baggage check, documents confirming the acceptance for carrying goods other than shipment) and certified copies of other documents related to the type and amount of claims, including proving entitlement to free or concessionary travel.
4. The complaint shall be filed in any point of clearance of the carrier or in the organizational unit designated by the carrier as responsible for dealing with complaints.
5. The carrier is obliged to accept any proposed claim meets the requirements, referred to in paragraph. 1-4.
§ 6.
1. The answer to the complaint should be immediately, no later than 30 days of receipt of the complaint by the carrier.
2. If you brought the claim does not meet the conditions, referred to in § 5 paragraph. 1-4, carrier calls the advertiser, to remedy the deficiencies within 14 days of receipt of the request, with the instruction, that nieuzupełnienie deficiencies within this period will leave the complaint without consideration. Then, as the date of lodging the complaint shall be the date of receipt of the complaint supplemented by the carrier.
3. The answer to the complaint should contain:
1) name (name) and address (established) carrier;
2) information on the recognition or non-recognition claims;
3) substantive justification indicating the legal basis for claims of non-recognition (in whole or in part);
4) in the case of an award of damages – recognized the amount of compensation and the date and manner of its payment;
5) in the case of a refund – determine the amount and the date and manner of its payment;
6) a notice of right to appeal to the competent local court;
7) signature of the carrier.
§ 7.
1. Request for payment shall be made with a copy of the protocol, acting, in the presence of the traveler, who declined immediate payment to the carrier charges for executed contract of carriage – by the carrier or his delegate.
2. Request for payment for the carriage of persons shall include:
1) name (name) and address (established) and telephone number of the carrier;
2) series and number of calls;
3) name, Name and address of the traveler;
4) date, relationship passing (train number, line number, Course number); location of a failure of the document of carriage or stop the truck without a valid reason;
5) title and amount of the claim the carrier, detailing the tolls and fees additional, the amount defined by the provisions issued under Article. 34and the Act of 15 November 1984 r. – Transport Law;
6) bank name and account number, which must be paid due;
7) date of settlement;
8) advised of the possibility of making a complaint, indicating the address of the individual, where it can be folded;
9) type, series and number of identity document of the traveler;
10) attention of the traveler;
11) identification number of the signatory.
3. To request for payment for the signature of the traveler wręczanego in the protocol attached to the payment of the transfer form. In case of refusal of the request for payment in the protocol, in place of the signature, endorsement shall be included “refusal to accept”.
§ 8.
Request for payment for the carriage of mail should contain:
1) name (name) and address (established) and telephone number of the carrier;
2) series, the numer;
3) name (name) the adres (established) entity, to which a call;
4) title claim on the ground;
5) amount of the claim – separately for each title claims and the total amount due;
6) date of settlement;
7) bank name and account number, which must be paid due;
8) advised of the possibility of making a complaint, indicating the address of the individual, where it can be folded;
9) signature of the carrier.
§ 9.
1. Complaints made regarding the request for payment for the carriage of persons or items shall be submitted in written form in the specified organizational unit in the instructions of the carrier or check at any point of the carrier not later than 3 months from the date of receipt of request for payment.
2. Complaint concerning requests for payment made should include data, referred to in § 5 paragraph. 2, series and number of each issued orders for payment.
3. Complaints made regarding the request for payment shall not be examined in the case:
1) its application after the deadline specified in paragraph. 1;
2) referred to in § 6 paragraph. 2.
§ 10.
Failure by the carrier's response to the complaint within the prescribed period results in regard to complaints.
§ 11.
In the case of an appeal by a traveler from is not included in whole or part of the claim, the carrier, within 14 days from the date of receipt of the appeal, can change the outcome, when an incorrect assessment of the facts have been disclosed or if the new, circumstances relevant to the case, that were not previously known.
§ 12.
Provisions concerning a claim for carriage of passengers shall also apply to the carriage of goods and live animals transported under the care of the traveler.
§ 13. This Regulation shall enter into force after 7 days from the date of publication
