Publication date: 11.07.2024
Consumer protection in the field of transport services
Transport services are an integral part of modern society, ensuring the mobility of the population and economic activity. The quality and reliability of these services affect the comfort and safety of passengers, as well as the efficiency of logistics and cargo transportation. Protection of consumer rights in this area is an important task for the state and society, which requires a clear regulatory framework and effective mechanisms for exercising these rights. In this article, we will consider the main aspects of consumer protection in the field of transport services, the regulatory framework, consumer rights, protection mechanisms and the procedure for action in case of violation of rights.
Legal and regulatory framework
Consumer protection in the field of transport services is regulated by several key legal acts:
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
TheLaw of Ukraine "On Motor Vehicles":
- Defines the legal, economic and organisational framework for the operation of road transport, sets out requirements for carriers and passengers, and rules for the provision of transport services.
TheLaw of Ukraine "On Railway Transport":
- Regulates legal relations in the field of railway transport, establishes the rights and obligations of carriers and passengers, requirements for the quality and safety of transportation.
TheLaw of Ukraine "On Air Transport":
- Defines the legal framework for the functioning of aviation transport, establishes rules for the provision of aviation services, requirements for flight safety and passenger rights.
Law of Ukraine "On Urban Electric Transport":
- Regulates legal relations in the field of urban electric transport, establishes requirements for carriers and passengers, and rules for the provision of electric transport services.
TheLaw of Ukraine "On Maritime and River Transport":
- Defines the legal framework for the functioning of sea and river transport, establishes rules for the provision of water transport services, and requirements for transport safety.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on transport services, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of transport services, including violations of traffic safety and transport operation rules.
Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:
- Regulate certain aspects of the provision of transport services, define specific requirements for carriers and the procedure for the provision of services.
Consumer rights in the field of transport services
The main rights of consumers in the field of transport services, as defined by Ukrainian legislation, include the following:
Theright to safety:
- Consumers have the right to safe transport services that meet established safety norms and standards.
The right toquality services:
- Consumers have the right to receive transport services of appropriate quality that meet established standards and requirements.
The right totimely provision of services:
- Consumers have the right to timely provision of transport services in accordance with the established schedules and contracts of carriage.
Theright to reliable information:
- Consumers have the right to receive reliable, complete and understandable information about the terms of service, tariffs, timetables, rights and obligations of passengers.
Theright to compensation:
- Consumers have the right to compensation in the event of a violation of their rights, in particular for delays, flight cancellations, loss or damage to baggage, and material or moral damage.
Theright to protection of personal data:
- Consumers have the right to protect their personal data processed by carriers from unauthorised access, alteration or disclosure.
Consumer protection mechanisms
Ukrainian legislation provides for several mechanisms for consumer protection in the field of transport services:
Appeal to the carrier:
- In the event of violations of their rights, consumers have the right to apply directly to the carrier with a request to eliminate violations, provide additional information or compensate for losses.
Appeal to local authorities:
- Consumers can file a complaint with local authorities, which oversee the activities of carriers, review complaints and take action in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation of the carrier to remedy the violation.
Contacting theState Service of Ukraine for Transport Safety:
- Consumers can apply to this body to review complaints and conduct inspections of carriers' activities in relation to consumer rights.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and carriers, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure in case of violation of consumer rights
In the event of a violation of consumer rights in the field of transport services, consumers must act in accordance with the established procedure, which includes several stages:
Assessment of the legitimacy of the violation:
- The consumer must assess the legitimacy of the violation based on its compliance with the law and the terms of the contract. In case of doubt about the legitimacy of the violation, you should seek advice from a lawyer or human rights defender.
Documentation of the violation:
- The consumer should document the violation, collecting evidence (photos, videos, testimonies of other passengers, etc.) if possible.
Contacting thecarrier:
- The consumer must address the carrier with a written request to eliminate the violation, provide additional information or compensate for losses. The request may be submitted in person, by mail or by e-mail. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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