The role of the Agency
The Agency provides information and advice to users and helps them understand the conditions and ways of providing transport passenger services with a focus on the protection of passengers.
The Agency also resolves disputes between passengers and railway undertakings (-carriers) in the event when passengers are not satisfied with the railway undertaking’s response to the complaint or if they have not received a reply to their complaint.
The rights and obligations of passengers in railway traffic are detailed by the European Regulation (ES) no. 1371/2007, which also defines the rights and obligations of passengers and railway undertakings related to:
- providing appropriate information in the event of a delay or train cancellation,
- reimbursement of the price of the ticket or trip cancellation in the event of a train delay,
- compensation for lost or damaged luggage,
- protection and support for handicapped people or people with limited mobility,
- defining and monitoring quality standards, risk management related to passenger personal safety, and
- dispute resolution.
According to Regulation (EC) No 1371/2007, the passenger has rights in relation to e.g.:
- a train delay of more than 60 minutes;
- train cancellation;
- accessibility and assistance to persons with disabilities in relation to access to the train, purchase of a ticket, loss of or damage to the equipment they use;
- informing of rights and obligations under this Regulation, etc.
Information related to passengers’ rights are also available on the website of the European Union.
A passenger who considers that his rights under this Regulation have been violated has the right to address a written complaint to the railway undertaking from which he purchased the ticket or to any of the railway undertaking that took part of the transport.
How can passenger make a complaint?
In Slovenia, the passenger transport service is performed by the railway undertaking Slovenian Railways — Passenger Transport, based on a contract for the provision of a mandatory commercial public service.
A written complaint or claim should be addressed to the railway undertaking:
- by post to: SŽ — Potniški Promet, d. o. o., Kolodvorska 11, 1000 Ljubljana; or
- by e-mail to: firstname.lastname@example.org.
The railway undertaking is obliged to submit a written reasoned decision on the complaint or claim within one month from the date of receipt of the complaint. In justified cases, the railway undertaking may deliver a reasoned decision within a period of three months from the date of receipt of the complaint or claim. In this case, the railway undertaking must inform the passenger within one month of the date of receipt of the complaint or claim when he can expect a reply to the complaint or claim.
More information on the complaint procedure is also available on the railway undertaking’s website.
Addressing a complaint to the Agency
If the passenger is not satisfied with the railway undertaking’s reply or if the railway undertaking fails to respond within the deadline, a passenger can submit a complaint to the Agency.
The complaint to the agency can be submitted:
- written by post to: AKOS, Stegne 7, 1000 Ljubljana,
- written by e-mail to: email@example.com or
- orally on the record during the office hours of the Agency.
The passenger’s complaint must be signed. From complaint must be evidently seen the claim against the railway undertaking, i.e. what exactly the passenger is demanding from the railway undertaking. The passenger must also provide his contact details (forename and surname, address), a brief description of the event giving rise to the complaint and, in the event that the railway undertaking has responded to the complaint, the reasons why the passenger is not satisfied with the response. The passenger should provide the complaint with any evidence at his disposal (e.g. ticket, train delay notification, etc.) as well as any other documents he believes would help to clarify the matter.
The procedure before the Agency is free of charge.
The Agency conducts the procedure in accordance with the provisions of the Administrative Procedure Act. The Agency shall accept the request of the passenger if it is justified, or shall reject the request if it considers that it is not justified.
The Agency brings the decision on passenger’s complaint within six weeks of receipt of all the information necessary to reach the decision. The Agency’s decision is final and may be the subject of an administrative dispute before the Administrative Court of the Republic of Slovenia.