POSEBNE OBAVEZE ŽELEZNIČKOG PREVOZNIKA PREMA KORISNICIMA USLUGA ŽELEZNIČKOG PREVOZA - PUTNICIMA

Abstract

The paper discusses the special obligations of the railway carrier towards the users of railway transport services, i.e. passengers, with a special emphasis on solutions in EU and Serbian regulations. National and international regulations on the transportation of passengers by rail regulate the legal relations regarding the mutual rights and obligations of the contracting parties - the railway carrier and passengers. However, practice has shown that passengers very often suffer certain inconveniences and even damage in the event of disruptions in transport, and such situations were not regulated by international and national regulations on the transport of passengers in railway traffic until recently. That is why the EU has adopted appropriate regulations (Regulations) on the special obligations of carriers in the event of disruptions in transportation in all branches of traffic. In rail transport, this issue is regulated by EU Regulation no. 1371/2007. on the rights and obligations of passengers in rail transport. This regulation prescribes the obligations and responsibilities of the railway carrier, i.e. passengers are recognized with appropriate rights in the event that passengers suffer certain inconveniences due to disruptions in transport. Also, this regulation prescribes special obligations for the railway carrier, but also for the entities that manage the railway infrastructure, towards persons with disabilities and persons with reduced mobility as users of railway transport services. It is about the special obligations of the railway carrier, that is, about the special rights of passengers as users of transport services in relation to the solutions contained in the relevant international and national regulations that regulate legal relations from contracts for the transport of passengers in international and domestic traffic. The author concludes that the regulations of Serbia on the transportation of passengers by rail are still not harmonized with the EU regulations, but also with the regulations of Serbia - the Law on Prohibition of Discrimination against Persons with Disabilities and the Law on Consumer Protection, so there are certain open questions in this sense.