183 abusive clauses – as reveals the first inspection of car hire services, railway and air carriers, performed by the President of UOKiK. In most cases undertakings totally exclude their liability for car damage, luggage or train cancellation. There are 19 pending proceedings

By plane? Train? Borrowed car? Regardless of which means of transport we choose to reach the football championships, it is worth following the regulation of an airline, railway carrier or car hire service still before signing a contract. As a result of the latest analysis of the President of UOKiK, the Office questioned 183 clauses.

I quarter 2012 - the Office performed inspections at 32 undertakings and examined in total 69 different types of standard forms of: regulations, contracts, information on websites, advertising materials, and special offers for Euro 2012. Most frequently the President of UOKiK questioned the clauses allowing undertakings for excluding their liability for e.g. damaged luggage or borrowed car as well as trains disruptions.

Car rental services

Inspected entities: AUTO-RENT in Warszawa, Car-Pol Leasing in Warszawa (Budget), Car Net Polska in Kalisz, City Rent Poznań in Poznań, EURORENT in Piastów (Sixt), EXPRESS in Kraków, PRO-EDU, Usługi edukacyjne i informatyczne in Luboń (Autonaczas), Inter Best-97 in Warszawa (Europcar), LUPUS in Wrocław, Jupol-Car in Warszawa (Avis), Kineo in Warszawa (Autorental), MyCar Autowypożyczalnia Kameleon in Poznań, INTER–AUTO in Wrocław, Orbis Transport in Warszawa (Hertz®), PANEK in Lubin, Astra Wypożyczalnia Samochodów in Gdańsk, Flota Auto in Poznań, Polandcars.com. in Wrocław, Auto–Viva in Gdynia, Werwest–Globar in Wrocław (Micar). In 18 out of 20 inspected undertakings there were identified 128 contested clauses.

Over a half of undertakings informed in applied contracts on their exclusion of liability for car damage, insufficient equipment and theft. They made a stipulation that each case it was a consumer to bear responsibility for any damages, even if they were actually caused by the car rental company. Under the law, whenever a damage is caused by the party providing the hiring services, a consumer can claim compensation.

It was commonly stated that if the user of rental services did not acquire the insurance package offered by a rental company, they would bear any costs of damage or car theft. According to UOKiK, the contested clause can induce fear that makes a consumer buy the insurance so as to avoid prospective financial sanctions. UOKiK took the stance that imposing full liability on consumers and pressurizing them acts against social norms.

Moreover, the Office was concerned about clauses imposing on consumers various obligations, which unfulfilled may result in severe sanctions. For example – one entrepreneur informs that failing to notify the vehicle theft right on the occurance, clearly indicates the consumer is to bear responsibility for the theft. Another one commits its consumer to pay any tickets the consumer was fined during using the borrowed car, regardless of their charging basis. According to the Office, a consumer should not always bear responsibility for failing to fulfil formality. For examaple, under some circumstances virtually impossible to predict, one cannot immediately notify the car theft and tickets may be the consequence of negligence of car hire companies.

Actions of UOKiK: 18 undertakings were addressed to change the contested clause. Furthermore, the President of UOKiK instituted seven proceedings for violation of collective consumer interests.

Airlines

Inspected entities: Polskie Linie Lotnicze LOT in Warszawa, Eurolot in Warszawa, OLT Express Regional in Gdańsk, SprintAir in Warszawa. All parties covered by the inpection applied 21 contested clauses.

The President of UOKiK was concerned about clauses stipulating that airlines made liability for luggage damage conditional upon notifying the fact to the airline’s staff on the board of a plane (hand luggage), immediate filling in a special form available at the airport (registered luggage), or notifying damage after plane landing. Otherwise,  passengers could not pursue their rights. Under the law, no one is obliged to notify or immediately fill in forms. The time allowed for filing complaints as regards the damaged luggage is seven days upon luggage collection.

Furthermore, the Office questioned the clauses applied by carriers and allowing for disposing an uncollected luggage at carriers’ discretion, i.e. luggage could be sold or destroyed. Under the law, giving passenger luggage to the bagagge hatchway simply means we conclude a custody agreement. Whenever we fail to collect the luggage, an undertaking is allowed to charge us for storing the luggage. The entrepreneur can also fix a deadline for luggage collection. However, an undertaking must not arbitrarily decide that the uncollected luggage is no longer useful for the owner.

Actions of UOKiK: Four undertakings were addressed to change the contested clauses. Moreover, the President of UOKiK instituted four proceedings concerning the violation of collective consumer interests.

Railway carriers

Inspected entities: PKP Intercity in Warszawa, Przewozy Regionalne in Warszawa, PKP Szybka Kolej Miejska in Tri-City (pl. Trójmiasto), Gdynia, Koleje Wielkopolskie in Poznań, Koleje Dolnośląskie in Legnica, Koleje Mazowieckie in Warszawa, Warszawska Kolej Dojazdowa in Grodzisk Mazowiecki, Szybka Kolej Miejska in Warszawa. The Office questioned in total 34 clauses applied by the inspected entities.

Standard forms applied by all the inspected railway carriers contain clauses excluding the liability in case of the so called railway transport disruption or other circumstances, with no precise reference. For this reason, a consumer who suffers damage and due to railway conduct does not reach the destination as scheduled, can claim for compensation. It is worth noting that each undertaking bears rensponsibility for delays resulting from their negligence – except for force majeure, occurances by third parties’ acts, or the travellers themselves.

Additionally, the President of UOKiK was concerned about the provision in transport regulation as regards the use of seats in sleeping cars and these intended for rest. The carrier, based on this regulation, restricts the right to provide the traveller with other seat than that indicated on the ticket. According to the President of UOKiK, a carrier is not allowed to change material contract terms, i.e. the bought out seat, unless it is well-grounded. Furthermore, the stipulation does not provide for which situations are of special nature and what other seat can be offered to a consumer.

Actions of UOKiK: four undertakings were addressed to change the applied clauses and eight proceedings were instituted against undertakings who violated collective interests of consumers.

+48 22 827 54 74 – during Euro 2012 consumers may call the infoline that provides legal advice in English and Polish language in cases of the disputes with undertakings. The infoline will be available from fixed telephony and mobile phones in Poland, Monday to Friday, 9:00 am to 5:00 pm.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 55 60 106
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]