I am writing to file a formal complaint regarding the misue of my NS card, which was stolen on April 16 ,
2023. The card has been used by an unauthorized individual to make train travels to Utrecht and Breda without my formal consent. This results in charges for travels that I did not make. I am seeking a resolution in accordance with Dutch law and NS’s own rules as a transportation company.
As a customer of NS, I am deeply concerned about the unauthorized use of my NS card. Despite timely reporting the theft of my NS card, NS has indicated that I may be held liable for the charges incurred by the person who stole my card. I believe this is unfair and contrary to Dutch law and NS’s own rules
I would like to refer to NS’s own rules as stated on your website; https://www.ns.nl/en/customer- service/refunds/refunds-for-loss-or-theft.html. , which state that “if you lose your personal or anonymous OV- chipkaart or if it is stolen, you should report this as soon as possible”. I have complied with the
th
requirement by reporting the stolen card on April 19 , 2023 as soon as I became aware of the theft.
Therefore, I should not be held liable for the charges incurred after the theft.
Furthermore, I would like to bring your attention to the following Dutch law articles, which support my complaint.
1.Article 7:529 of the Dutch Civil Code, states that “if the performance of the contract is impossible without a ground that can be attributed to the debtor, the debtor shall pay compensation for damages suffered by the other party, unless the impossibility is not due to his fault and neither pursuant to law, legal act nor generally accepted views is for his account” In this case, I did not authorize the use of my NS Card, and the charges incurred are not due to any fault of my part since someone took advantage of my vulnerable position and I am being the victim of a crime
2. Article 6:204 of the Dutch Civil Code, states that “The debtor is discharged by performance to the creditor unless this performance is impossible or the creditor refuses the performance” In this case, reported the theft of my NS Card as soon as I became aware of it, and I should not be held liable for the charges incurred after the theft, as it was impossible for me to use the card.
3. Ns’s own terms and conditions state that “The NS Card is personal and non-transferable. You are responsible for the use of the NS Card, including the payment of all fares and other charges incurred in connection with the use of the NS Card” However, as the card was stolen, I was not able to prevent its unauthorized use, and I should not be held liable for the charges incurred as a result.
Based on the above, I request that NS investigates the unauthorizedf my NS Card, waive the charges for the travels that I did not make, and reimburse me for any charges that have been debited from my NS Card after it was reported stolen. I also request that NS takes appropriate measures to prevent further misuse of my NS Card or any other NS Card in the future.
I expect a prompt response to this complaint and a resolution in accordance with Dutch Law and NS’s own rules. If this matter is not resolved to my satisfaction, I reserve the right to pursue further legal remedies available to me since NS might me also be responsible for taking advantage of a situation were I was the victim of an unfortunate crime.
Yours sincerely, Roxana Fargas.
