“The man demands 4,193 hryvnias from Ukrzaliznytsia due to the malfunctioning air conditioner in the car and the lack of water in the toilet. During his journey, the train had no air conditioning and no water in the restrooms. This is reported in the decision of the Svyatoshyn District Court of the city of Kyiv, published on 3 […]”, — write: businessua.com.ua
The man demands 4,193 hryvnias from “Ukrzaliznytsia” due to the faulty air conditioner in the car and the lack of water in the toilet
The citizen demands to receive from “Ukrzaliznytsia” compensation in the amount of 4,193 hryvnias. During his journey, the train had no air conditioning and no water in the restrooms. This is reported in the decision of the Svyatoshyn District Court of the city of Kyiv, published on October 3, 2025.
During the trip on July 6, 2025, the air conditioner did not work in carriage #1 of train #778K, the temperature exceeded sanitary requirements, and there was no water in the toilet, which, according to the citizen, led to physical discomfort and moral distress. He demands to receive 1,193 hryvnias (ticket price) and 3,000 hryvnias (compensation for moral damage) from Ukrzaliznytsia.
“Ukrzaliznytsia” provided a response to the claim in which it does not recognize the claims in full. The man did not apply to the company with a written statement regarding the refund, and his electronic complaint, certified by the KEP, does not meet the requirements of the Law of Ukraine “On Citizen Appeals”, since it does not provide for the use of the KEP for such appeals without additional information, and also does not require the use of the KEP. The files provided by him as evidence contain only an audio recording, which cannot confirm visual information (temperature, conditions of stay). He did not specify which state standards and WHO guidelines are in question, and he also did not provide medical records that would confirm the presence of diseases that are affected by high temperature. Other passengers did not apply with similar complaints, and the fact of non-pecuniary damage must be proved by the plaintiff.
“The appeal to the defendant was in writing, as it was sent by e-mail using a qualified electronic signature (QES), which, according to Article 6 of the Law of Ukraine “On Electronic Documents and Electronic Document Management”, is equivalent to a handwritten signature. The provided video materials in MOV format contain both video and audio, and the difficulty in playing them is a technical issue of the user party. The temperature of 27-28°C exceeds the comfortable range, and the act dated 07/04/2025 does not confirm the serviceability of the equipment during the flight of 07/06/2025. It is not necessary to provide medical certificates for the compensation of moral damage, as the fact of physical pain and psychological discomfort is confirmed by other evidence,” said the man.
What decision did the court make? The court rejected the husband’s claim. He did not provide sufficient and proper evidence that the improper provision of the service was significant and resulted in the total impossibility of using the service paid for.
“The claimant made a trip along the specified route, which confirms the fact of the provision of the transportation service as such. The defendant provided a technical inspection report confirming that the train was dispatched with a working air conditioning system. The claimant did not provide any medical certificates, reports or other objective evidence that would confirm that the trip caused him physical suffering or negative changes in his emotional state. References to health threats are assumptions, and not proven facts regarding the plaintiff. Since there is no wrongful act and proper evidence of moral damage, there is no causal connection between the defendant’s actions and the possible damage to the plaintiff. According to the plaintiff, his suffering consists of physical discomfort and forced stay in the vestibule, but these circumstances are not confirmed by any evidence that could testify to the deterioration of the condition The absence of proper evidence of moral damage makes it impossible for the plaintiff to reproduce the video materials. The court does not have the technical ability to reproduce them. Therefore, the plaintiff has not provided sufficient evidence to support the claim unjustified, because the plaintiff did not provide sufficient and proper evidence of the fact of a long-term and significant malfunction of the air conditioner, which would be subject to compensation. The provided video recordings could not be played by the court due to technical problems, and the plaintiff, according to Article 81 of the Code of Criminal Procedure of Ukraine, is responsible for providing evidence and cannot transfer this obligation to the court. In addition, there are no medical reports or other objective confirmation that driving in conditions of high temperature caused damage to the plaintiff’s health, which is a key condition for recovery of moral damages”, the court emphasized.
The source
Please wait…