A Passenger From the Upper Berth in the Train Wants to Sit in Your Seat: Can You Refuse
Disputes concerning the use of lower and upper berths on "Ukrzaliznytsia" trains most frequently occur during extended journeys. Passengers with lower berths often encounter situations where those from upper berths occupy their seats for sitting, which can disrupt rest or sleep.
The regulations for seat usage in carriages are outlined in the Passenger Transport Rules, and "Ukrzaliznytsia" has previously highlighted the practical application of these standards.
Does a passenger from an upper berth have the right to sit on a lower one?
According to the Passenger Transport Rules, each passenger is entitled to use only the seat indicated on their ticket and for which they have paid.
Furthermore, the Passenger Transport Rules stipulate that each passenger has the right to use only the seat specified on their ticket for the entire duration of the journey. A passenger with a ticket for a lower berth is not obliged to surrender it to a passenger from an upper berth, even approaching the final destination. Sitting on a lower berth is permissible solely by mutual agreement between the passengers.
When may a lower berth be used by another passenger?
The carrier’s official position is unequivocal: a passenger from an upper berth may only sit on a lower one with the consent of the passenger who purchased the ticket for that particular seat.
There are no regulations that permit demanding the use of a lower berth for sitting. This rule applies irrespective of the journey’s length, time of day, or the train’s proximity to the final station.
Can the owner of a lower berth refuse?
A passenger who has purchased a ticket for a lower berth is entitled to its exclusive use throughout the entire journey. Consequently, they have the right to refuse another passenger permission to sit in their seat.
Therefore, a passenger holding a ticket for a lower berth is not compelled to relinquish their seat to a passenger from an upper berth, even if the journey is nearing its conclusion.
The fundamental rule remains constant: each passenger uses only the seat indicated on their ticket, and the use of another passenger’s lower berth is only possible with the voluntary consent of its rightful owner.
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