It is difficult to return money for a cancelled trip, but it is possible
Each of us at least once went to lives by train, bought tickets, was late for it and forcedly handed over not used travel documents. This procedure is clear and in details described by everything in Rules of passenger traffic. By results of return the carrier is obliged to return you part of the ticket depending on that when you returned the ticket (If the passenger refused a trip in 24 hours prior to departure of the train - an overall cost of the ticket and a reserved seat; from 24 to 6 hours before departure - an overall cost of the ticket and 50% of cost of a reserved seat; less than 6 hours, but not later than in 3 hours after a train opravleniye - only the ticket cost, cost of a reserved seat does not come back).
But, unfortunately, not everyone knows what difficulties it can expect at a refund if it paid the credit card for purchase of the ticket.
Now all one after another. It is purely theoretically representable such situation that you were forced to postpone a trip the railroad and as the civilized person upon purchase of the ticket paid for purchase by the personal card.
What procedure of return of your money? It accurately is also clearly stated in Rules of transportation of passengers, baggage, freights and mails railway transport of Ukraine approved by the Order of the Ministry of transport and communication of Ukraine from 27. 12. 2006 No. 1196 (registration in Ministry of Justice 04. 04. 2007 at No. 310/13577). And, having addressed item 19. 1 specified Rules we will find the answer to the matter: “ Return of payments for unused travel documents is made in any point of sale of travel documents of the railroad of Ukraine on presentation in cash desk of return of payments of the travel document and document proving the identity (the passport, the military ID, the student ID card, the driver`s license, the official ID). In other words, you address to cash desk of return of payments on any of stations in Ukraine and get the refund. But not all sum as it was noted earlier.
Together with this Ukrzaliznytsya according to item 19. 4 Rules also do not return a payment for services in booking, for sale of tickets and commission collecting.
Thus, you, according to the established Rules of transportations, at a refund have to receive the money for not carried out journey so to speak “ without departing from cash desk “ minus the certain designated sums. Irrespective of in what way you made payment.
In practice the situation is a little differently. If you used the card when calculating for the ticket - at once you do not receive money. Yes, realities of our life are that. Why?
The reason is that Ukrzaliznytsya gives preference in the work to the internal document - to the Order of execution of cash operations on registration, repayment and return of travel documents according to clearing settlements with use of bank payment cards (HCMEM) and the International payment service providers approved by the deputy chief of the railroad from 01. 08. 2007 No. 297 (further in the text - Order). Item 9 of this document says: “ Return of payments for the unused travel documents paid in a non-cash order is carried out in a claim order “.
What Ukrzaliznytsya means under “ claim order “ not it is clear. This concept is not defined both by Rules and an internal Order by which it also is guided at return of means to passengers. Therefore it is necessary only to guess that means.
By the standard rule a claim (from cf. - a century. lat. praetensio - claim, requirement) - this requirement of the creditor to the debtor about payment of a debt, indemnification, payment of a penalty, elimination of shortcomings of the put production sold to a thing or the performed work. Therefore, in our case it is possible to understand an order of the appeal of the passenger to a carrier with the requirement about compensation of means for unrealized journey as a claim order.
In my opinion, presentation of a claim to a carrier in given a case is not absolutely correct as procedure of pre-judicial settlement of dispute by means of the direction of a claim is more inherent in economic legal relationship between legal entities. Points the Art. of Art. 5 to it - 6 Economic procedural codes of Ukraine. What is also confirmed by item 19. 6 Rules: “ Return of payments for the travel documents paid in a non-cash way by legal entities is carried out by Managements of the railroad in a claim order on condition of preliminary repayment of travel documents in cash desk of return of payments with a mark about return of places for sale “.
To everything told it should be noted that the Order Ukrzaliznytsey used in work approved by the order of the deputy chief is not registered by the Ministry of Justice of Ukraine. Thus, is exclusively internal document and cannot affect the rights and legitimate interests of citizens.
That it: not knowledge of laws or their silent ignoring?
In my opinion, Ukrzaliznytsa should reconsider the position on the matter and to cancel the specified Order since he contradicts the current legislation and creates difficulties to clients at a refund for unused tickets.
In case it does not occur, the passengers who refused a trip have a judicial way of protection of the violated rights. However, in this case, Ukrzaliznytsa should understand that according to the Art. 22 of the « STORAGE; About consumer protection “ at satisfaction of requirements of the consumer the court at the same time resolves an issue of compensation of moral (non-property) harm.
Author Verba Andrey