- Before you submit an application to the Ombudsman
- How to submit an application effectively
- Interactive form
- Application to be filled in
- Information clause
Before you submit an application to the Ombudsman
- You have to make an effort to resolve the dispute with the entrepreneur on your own (i.e. through making a claim). Prepare a copy of the correspondence concerning the attempt of dispute resolution and attach it to the application. This is a necessary step before you turn to the Ombudsman.
- Submit your application within one year of the flight date
- Read the Rules and accept the Regulations.
How to submit an application effectively
The application must specify at least:
- a designation of the parties to the dispute,
- an accurately specified demand,
- an indication of the type of proceedings
- a signature (n/a, if you submit an application through an interactive form).
Furthermore, the following information and documents must be attached to the Application:
- a description of the circumstances justifying the demand,
- an indication of the place of residence or the registered office and the correspondence address of the parties to the dispute,
- date of birth of the Passenger/Passengers,
- an indication whether the flight was directly related to economic or professional activity of the Passenger/Passengers,,
- documents confirming the information contained in the application, inter alia, the copy of documentation from the terminated complaint procedure or the document confirming that 30 day-periodhas lapsed from the date of submitting a complaint to the carrier,
- a copy of confirmed reservation of a given flight (i.e. the passenger has a ticket or other evidence confirming that the reservation was accepted and registered by the air carrier or tour operator),
- information whether the application for consideration of a given dispute was submitted to the Ombudsman pursuant to Article 205a of the Aviation Law,
- a declaration that the case concerning the same complaint between the same Parties is not pending or that it has not been already considered by other competent entity or by the court,
- information as to whether the Applicant agrees to forward the correspondence in the ADR Proceedings through the electronic mail,
- a current phone number of the Parties and e-mail address in the event of giving the consent referred to in Point 9),
- a declaration of having read and accepted the Rules and Regulations as well as the intention to adhere to its provisions in the course of the ADR Proceedings,
- the consent to personal data processing by the Ombudsman in order to execute the application.
The application may be submitted to the Ombudsman:
- in the paper form to the address of the Civil Aviation Authority,
- in the electronic form through:
- the Electronic Platform of Public Administration Services (ePUAP),
- a trusted profile
- a form, dedicated to submitting applications for instigating the ADR proceedings which is below and in the Public Information Bulletin.
Application to be filled in
Files to download
DOWNLOAD THE FORM
- The President of the Civil Aviation Authority is the Controller of the data of persons who make a comment or lodge a complaint.
- Contact details of the Data Controller:
Objectives, legal bases and the retention period for processed personal data
The Controller processes the personal data:
- In order to accept, consider the application, clarify all circumstances of the case, answer questions and take other possible action necessary to handle the case (Article 6(1)(c) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC OJ L 119 of 4 May 2016, p.1) hereinafter referred to as “GDPR”) - for the period needed to handle the case.
- The data contained in the application and processed in order to clarify circumstances of the event and consider the application may be processed further by the Controller to establish, pursue or defend claims related directly or indirectly to the application under Article 6(1)(c) for the period of:
- one year from the answer - in standard cases, if the applicant does not raise further demands or claims. In the event of the documentation related to the settlement of a claim this period arises from the Accounting Act;
- limitation of claims, i.e. as a rule, for three years from receiving the application arising from the Civil Code. In the event of pending proceedings - until a binding conclusion of the proceedings and until the lapse of new periods of limitation of claims - in complex, non-standard proceedings or if the Applicant raised further claims, complaints or further proceedings initiated before the state authorities; or
- the period of performing the task for which the data was collected and will be stored in accordance with the provisions of the Act of 14 July 1983 on National Archive Resources and Archives (Journal of Laws of 2018, item 217, as amended).
Disclosure of personal data
- The Data Controller may disclose personal data of applicants to external law firms cooperating with the Controller, postal operators and couriers in the event of undertaking the proceedings by the Applicant or the Controller in accordance with the obligation or the Controller’s entitlements arising from the provisions of law.
- The personal data of Applicants may be disclosed to entities cooperating with the Controller pursuant to written personal data processing agreements in order to implement tasks and services stipulated therein in favour of the Controller, in particular in relation to IT, administrative, legal and advisory services.
Rights of Data Subjects
- Every data subject has a right to:
- access – the right to obtain a confirmation from the Controller whether his/her personal data is processed. If the personal data is processed, the data subject is entitled to gain access thereto and obtain the following information: the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, or the criteria used to determine that period, the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject as well as the right to lodge a complaint with a supervisory authority (Article 15 of GDPR);
- receive the data copy – the right to obtain the copy of the copy of the processed data. The first copy is free of charge but for any further copies requested by the data subject the Controller may charge a reasonable fee based on administrative costs (Article 15(3) of GDPR);
- rectification - the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her (Article 16 of GDPR);
- data portability – the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where the processing is based on consent and where the processing is carried out by automated means (Article 20 of GDPR);
- object – the right to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her, including profiling based on those provisions. The Controller assesses compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. If, according to the assessment, the interests of the data subject are more important than the interests of the Controller, the Controller shall be obliged to stop data processing for these purposes (Article 21 of GDPR).
- In order to exercise the above-mentioned rights the data subject should contact the Controller using the provided contact data and inform them which right and to what extent she or he wants to exercise.
President of the Personal Data Protection Office
The Data Subject has the right to lodge a complaint with the supervisory authority. In Poland it is the President of the Personal Data Protection Office with established in Warsaw, who may be contacted in the following manner:
- by letter: ul. Stawki 2, 00-913 Warsaw, Poland;
- through the electronic drop box available on the website: https://www.uodo.gov.pl/pl/p/kontakt;
- by phone: +48 (22) 531 03 00.
Data Protection Supervisor
In every case the Data Subject may also directly contact the Controller’s Data Protection Supervisor: