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09 Жовтня 2017

You received a biometric passport with a delay. Should you go to court?

It’s almost half a year since Ukraine become a visa-free travel area. According to the statistic, the number Ukrainians who used this service is up 17%, almost 236 thousand of people.
Almost 600 thousand biometric passports have been made up to this moment. Moreover, it is planned to double this number by the end of the year.
 We kindly remind you, that there are two terms in which you can get the passport:
1. In 7 days (quick procedure);
2. In 20 days (standard procedure).
In State Migration Service, you will have to pay 810 hryvnas for the “quick procedure”, and 557 hryvnas for the “standard procedure». However, if you decide to use private Passport Service companies, you have to pay additional 400 hryvnas for their services, but the terms of receiving the document will not change. 
Constant failures of deadlines are usual now. Instead of 7 days, you should wait for 20 days, instead of 20 days – half a month. 
According to the Law "On Consumer Rights Protection" in case of term breach of the contract, the consumer has the right to refuse the service provided and demand the compensation of losses.  In addition, there is a penalty for the breakdown of terms indicated in the Contract; this is 3% for each day of the delay.
The passport service “Document” as the Executer provided itself with a guaranty – in Public Contract on the provision of services, it is indicated: “The Contractor shall not be liable for the delays in the provision of the Service, in cause if such delays are beyond the control of the Contractor”.
By using this phrase, the Contractor takes off all responsibility for failure of the terms of Contract.
“We have made almost 600 thousand of passports since Ukraine become visa-free area. More than 4 million – since 2015. Only 162 thousand were used. This excitement was created artificially. People make passports for themselves, and then just put it under pillow. That is the reason why people who really needs to travel abroad are suffering”, - the director of passport service says.
Due to the lawyer’s opinion, there is a possibility to sue for the protection of customer’s rights and win a process. However, in practice, there is no actual sue in the moment, because of the duration of the process. Nevertheless, the migration service receives are many complaints every day.