The passenger is not responsible for not having a ticket if it is due to a malfunction of the ticket machine – a court in Krakow ruled, clarifying that a person using public transport is not obliged to pay increased transport fees. Furthermore, the argument that the passenger could have used the app on a smartphone was not accepted.
What to do when the ticket machine doesn't work?
People who use public transportation every day often face this challenge
Ticket machine failure
. In such a case, does the passenger have to have a valid ticket? What to do in case of examination? A few months later, the Krakow-Kroodrza District Court in Krakow issued a ruling in this case.
The court found so
The passenger cannot be charged for not having a ticket due to a malfunction in the ticket machine
The capital, Warsaw's demand to pay the price of the ticket and additional fees, was rejected.
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The passenger did not purchase a ticket because the ticket machine broke down. I got a “authorisation”
The accident examined by the Krakow Court occurred in a public transport vehicle in Warsaw.
The passenger cannot
To buy
Ticket because the ticket machine was closed
. She reported the problem to inspectors who boarded the car after a few stops. Despite this, she received from them a demand for payment and then – by mail – a court order to pay the amount of PLN 270.
The Krakow Court ruled so
Ticket machine malfunction is the responsibility of the city, not the passenger
. Oscar Litwin, vice president of the Profit Law Foundation, which deals with financial education, estimated that the resolution of the dispute might be influenced by “special circumstances” — the passenger was a foreigner, which made it difficult for her to contact the police. Inspectors.
In the case in question, a malfunction of the ticket machine prevented the passenger from purchasing a ticket.
The municipality, not the passenger, is responsible for the ticket machine malfunction
. This, among other things, is part of the risks of running a business. Of course, we must remember that this does not apply to situations where, for example, the machine accepts only cash, which the passenger does not have with him, the expert said.
See also:
They defrauded at least 300 people. The police provided good information
“Case law moves in favor of consumers”
A similar situation occurred a few years ago in Wroclaw. Controllers then imposed a fine of PLN 150 plus a refund of the ticket value on the passenger who was unable to purchase a ticket due to a malfunction in the ticket machine.
The court only ordered him to refund the cost of the ticket
. – Case law is clearly moving in favor of consumers – comments Oscar Litwin. ZTP in Krakow said that when a ticket machine breaks down, passenger complaints are taken into account.
Therefore, the ticket issued by the controller is subject to cancellation. The passenger must accept the ticket and then file a complaint, and if it is not accepted, the case can be taken to court, advises an expert from profit law.
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