16.1. COMPLAINTS AGAINST THE CARRIER
16.1.1. A passenger who believes that the Carrier has violated the passenger’s rights or legitimate interests shall have the right to contact the Carrier in writing, stating their claims and the circumstances of the dispute. The passenger must write to the Carrier not later than three months after the date on which the passenger became aware or should have become aware of the infringement of their rights or legitimate interests.
16.1.2. The passenger shall have the right to lodge a complaint with the Carrier in the manner specified in paragraph 16.1.5 of the General Conditions. When submitting a complaint in a simple written form, the passenger, if they are a natural person, shall indicate their name, surname, telephone number, contact address or email address at which the passenger wishes to receive a reply. If the complaint is submitted to the Carrier by a legal person, such complaint shall state the name of the legal person, the legal person’s code, telephone number, email address, registered office address or other address at which the passenger wishes to receive a reply. The passenger must sign the Complaint submitted to the Carrier.
16.1.3. In addition to the above information, the passenger must submit with their complaint any evidence that supports the validity of the facts set out in the passenger’s complaint (e.g., the ticket, the ticket for additional services, the proof of payment or copies of such documents, and any other documents that the passenger deems relevant to the specific dispute).
16.1.4. In addition to the passenger themselves, a representative of the passenger shall be entitled to lodge a complaint by submitting documents (power of attorney) proving the right of representation of the passenger. The identity of the passenger’s representative shall be established on the basis of the representative’s identity document. The document confirming the representation shall comply with the requirements for the form and content of such documents laid down in the laws and regulations of the Republic of Lithuania.
16.1.5. A passenger may lodge an eligible complaint with the Carrier in the following ways:
22.214.171.124. To send an email to the Carrier to firstname.lastname@example.org;
126.96.36.199. To send the complaint to the Carrier’s Passenger Information Centre at Geležinkelio Str. 16, Vilnius;
188.8.131.52. To fill in the Feedback Form on the Carrier’s website;
184.108.40.206. Alternatively, to fill in the complaint form referred to in the above paragraph at all major railway stations and hand the completed form to the Carrier’s ticket office staff, who will register the complaint and give the passenger a notification of receipt of the complaint.
16.1.6. Passengers also have the opportunity to receive information and/or express their opinion about the services provided by the Carrier by calling +370 700 55111 during working hours (7 a.m. to 9 p.m.) or by sending an email to email@example.com.
16.1.7. A complaint received shall be registered in the Carrier’s system on the day of its receipt and the complaint and the accompanying documents, if any, shall be submitted to the persons responsible immediately, but not later than the working day following the day of receipt of the complaint. The persons responsible shall take note of the content of the complaint and shall designate a staff member to deal with it, indicating the time limit for dealing with the complaint.
16.2. HANDLING COMPLAINTS AND PROVIDING ANSWERS
16.2.1. The Carrier must deal with written complaints received from passengers that are written in Lithuanian, English or Russian in a neat and legible manner.
16.2.2. Passenger complaints must be dealt with as quickly as possible, taking into account their complexity, and within one month of receipt of the complaint. In exceptional cases where the complaint cannot be dealt with within the time limit, the Carrier must inform the passenger of the circumstances and notify the passenger of the date, within three months from the date of receipt of the complaint, when the complaint will be dealt with and the passenger will receive a reply.
16.2.3. The Carrier’s Head of Customer Experience Management shall be responsible for organising the handling of complaints.
16.2.4. When dealing with a written complaint, the employee responsible must:
220.127.116.11. Assess the situation, examine the content and reasons for the complaint and, if necessary, clarify its substance;
18.104.22.168. Check that all the documents needed to make a decision have been provided and, if necessary, ask the passenger to provide additional documents or data;
22.214.171.124. If necessary, ask the Carrier’s staff member whose actions are complained about to provide explanations;
126.96.36.199. Use other employees of the Carrier for matters requiring specific expertise in a particular field.
16.2.5. The Carrier shall have the right to refuse to deal with a complaint if:
188.8.131.52. The complaint is not related to the activities of the Carrier;
184.108.40.206. A court, another dispute settlement body or the Carrier have already dealt with a dispute between the passenger and the Carrier on the same subject matter and on the same grounds, and the passenger does not provide new data;
220.127.116.11. A court or another dispute settlement body deals with a dispute between a passenger and the Carrier on the same subject matter and on the same grounds;
18.104.22.168. More than one year has elapsed between the date on which the infringements complained of were committed and the date on which the complaint was lodged with the Carrier;
22.214.171.124. The complaint is illegible or incomprehensible;
126.96.36.199. The complaint does not include the passenger’s name, surname, legal entity name and code (if the passenger is a legal entity), the address where the reply can be submitted, or the passenger’s complaint is not signed.
16.2.6. The Carrier, upon receipt of a complaint from a passenger and if it is established that the complaint is refused on one or more of the grounds for refusal referred to in paragraph 16.2.5 of the General Rules, shall inform the passenger in writing of the refusal within five working days from the date of receipt of the complaint (in cases where an address for the submission of a reply is indicated). In the event of a refusal to deal with a complaint, the passenger shall be given the reasons for the refusal.
16.2.7. The passenger shall have the right to change the subject matter of their application (claims against the Carrier) or the grounds (circumstances on which the passenger bases their claim), to submit new facts or evidence, or to waive their claim, at any time prior to the adoption of a decision on the complaint. In such cases, the time limit for the examination of the complaint shall start anew. If the passenger waives their claim, the Carrier shall discontinue the investigation of the passenger’s complaint.
16.2.8. A written complaint must in all cases be answered in writing, at the same address and/or by the same method as received, unless the passenger indicates at the time of the complaint a different address and/or method by which the passenger would prefer to receive a reply.
16.2.9. A passenger’s complaint shall be answered in the language in which the complaint was made, without deviating from the requirements of paragraph 16.2. Where appropriate, a complaint may be answered in a language other than the national language when, in accordance with international law, the complaint is submitted by a foreign authority, other foreign entity or international organisation. In the event of a refusal or partial satisfaction of a complaint, the documents supporting the complaint shall be returned to the passenger.
16.3. CONTACTING THE CONSUMER RIGHTS PROTECTION AUTHORITY
16.3.1. If a passenger is a consumer and is not satisfied with the Carrier’s reply or if their complaint has not been answered, the passenger shall have the right to apply to the State Consumer Rights Protection Authority for protection of the passenger’s violated or contested rights or legitimate interests by submitting a request in writing or electronically, within one year from the moment of applying to the Carrier.
16.3.2. Complaints to the State Consumer Rights Protection Authority may be submitted by the passenger to Vilnius Str. 25, 01402 Vilnius (or to the territorial units, the addresses of which are published on the website of the State Consumer Rights Protection Authority, by email at firstname.lastname@example.org, by fax at (8 5) 279 1466, or by submitting a consumer’s request electronically via the Consumer Rights Information System (VTIS).
16.4. REFERENCE TO THE COURT
16.4.1. In all cases (including cases where the dispute between the passenger and the Carrier cannot be resolved amicably), passengers shall have the right to apply to a court of general jurisdiction for the protection of their violated rights in accordance with the procedures set out in the Code of Civil Procedure of the Republic of Lithuania. Actions for claims arising out of the contract of carriage may be brought within one year from the date on which the passenger became or should have become aware of the infringement of their rights.
16.5. APPLYING THROUGH THE ONLINE DISPUTE RESOLUTION PLATFORM
16.5.1. Passengers can also submit a request/complaint by filling in the request form on the ODS platform.
188.8.131.52. A consumer’s recourse to a consumer dispute resolution body shall not exclude the consumer’s right to apply to a court of ordinary jurisdiction.