The role of the Agency
The Agency for Communication Networks and Services of the Republic of Slovenia (herinafter: Agency) provides information and advice to passengers on understanding the conditions and methods of providing passenger rights with an emphasis on passenger protection.
The Agency also resolves disputes between passengers and railway undertakings (carriers) in cases where passengers are not satisfied with the railway undertaking's response to a complaint or if they have not received a response to theri complaint.
The area of passenger rights and obligations in railway transport is regulated by Regulation (EU) 2021/782, which, among other things, determines the rights and obligations of passengers and carriers regarding:
- providing adequate information in case of train delays or cancellations
- transport of bicycles
- tickets valid for all routes
- reimbursement of the price of the ticket or cancellation of travel in case of train delay
- compensation in case of lost or damaged luggage
- protection and assistance to disabled persons and persons with reduced mobility
- establishing and monitoring quality standards, managing risks related to the personal safety of passengers, and resolving complaints.
In accordance with Regulation (EU) No. 2021/782, passengers have rights in relation to, for e.g.:
- in cases of unjustified refusal to transport a bicycle, despite reservation;
- train delay exceeding 60 minutes;
- train delay or cancellation, where even after 100 minutes from the scheduled departure or missed connection, passengers have not been informed of alternative options (passengers can arrange alternative public transportation by rail or bus themselves, and the carrier must reimburse necessary, appropriate, and reasonable incurred costs);
- train cancellation or missed connection, if the arrival at the destination is expected to be delayed by more than 60 minutes;
- accessibility and assistance to disabled persons regarding access to trains, ticket purchase, loss or damage of assistance dogs and equipment they use
- notification of passenger's rights and obligations under this Regulation, etc.
Information on passengers' rights for specific situations is also available on the European Union's website.
A passenger who believes that their rights under this Regulation have been violated has the right to submit a written complaint to the carrier from whom they purchased the ticket or to any carrier participating in the transport.
How can a passenger file a complaint?
In Slovenia, passenger transport services based on a contract for the provision of compulsory public service are provided by the carrier Slovenian Railways - Passenger Transport.
A written complaint or request can be submitted to the carrier:
- by mail to the address: SŽ — Potniški Promet, d. o. o., Kolodvorska 11, 1000 Ljubljana; or
- by email to: pritozbe.pohvale@slo-zeleznice.si.
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 process is also available on the carrier's website.
Submitting a complaint to the agency
If the passenger is not satisfied with the carrier's response or if the carrier does not respond to the passenger within the prescribed period, the passenger may file a complaint with the Agency.
A complaint to the Agency can be filed:
- in writing by mail to the address: Agency for Communication Networks and Services of the Republic of Slovenia, Stegne 7, 1000 Ljubljana,
- in writing by email to: info.box@akos-rs.si, or
- verbally on the record during the Agency's official hours.
The passenger's complaint must be personally signed (if the complaint is in physical form) or with a secure electronic signature with a qualified certificate (if the complaint is submitted electronically), and it must clearly state the passenger's demand from the carrier, i.e., what exactly the passenger is demanding from the carrier. The passenger must also provide their details in the application (name, address), a brief description of the event that prompted the complaint, and if the carrier has responded to the complaint, the reasons why the passenger is not satisfied with the response. The passenger should submit any evidence they possess with the complaint (e.g., ticket, train delay notice, etc.) and any other documents they believe would contribute to clarifying the matter.
The procedure before the Agency is free of charge.
The Agency conducts the procedure in accordance with the provisions of the General Administrative Procedure Act. The Agency grants the passenger's request if it is justified or rejects the request if it deems it unfounded.
The Agency decides on each complaint within three months of receiving the complaint. The Agency's decision is final, and an administrative dispute can be lodged against it with the Administrative Court of the Republic of Slovenia.