New reimbursement rules for rail damage

The European Union has updated the rules governing compensation in the event of train delays and cancellations. The new rules, which came into force on 7 June, are less favourable to passengers in some respects...
EU compensation
Passengers at Vienna Central station (Photo: Luc Citrinot)

Regulation 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers' rights and obligations has just been amended. The changes made to compensation in the event of problems on the part of the rail carrier have been valid since 7 June.

The regulations apply to the main routes - domestic or intra-European - of all rail carriers operating within the EU.. However excluding local rail services. In this area, the compensation proposed is the sole responsibility of the responsible authority.

No compensation for "exceptional circumstances

The new provisions now partially restrict the right to a refund in the event of delay. Rail operators are not obliged to pay compensation in the event of force majeure or extraordinary circumstances.. Examples include weather incidents such as storms, floods, terrorist attacks and pandemics.

The new rules only apply if the company cannot prevent or avoid delays or cancellations caused by these events..

A relief for travellers, however. Strikes remain the responsibility of rail operators. Negotiations can prevent them from taking place.

TGV and CFL trains at Luxembourg station (Photo: LC)

Passengers retain the right to claim 25 % of their ticket price for delays of more than one hour and 50 % for delays of more than two hours. The obligation to redirect also remains.

There are, however, a few points of clarification that are to the advantage of train passengers. In the event of an incident, if they do not see themselves propose a solution for continuing the journey within the next 100 minutesIn addition, they have a new right to ". self-routing" . This means that passengers will be able to organise their own travel by train or bus and be reimbursed by the railway company for the "necessary, appropriate and reasonable" cost of the new ticket.

The new rules also apply to "transfer tickets".. This is the simultaneous sale of train tickets for connections. Passengers have more rights if they miss a connection, including reimbursement or compensation for the ticket, accommodation if the journey cannot continue on the same day, and refreshments.

Knowing the rules of compensation

Generally, if the train is announced with more than an hour late for departurethe traveller may demand:

  • from meal and drinks in a reasonable quantity given the actual delay.
  • a accommodation if continuation of the journey is not possible on the same day.
  • a a way of informing family and friends if the train delay prevents you from continuing your journey on the same day.
  • the transport by a other means (e.g. taxi, bus) to the nearest station. And that's when the train is permanently stopped in the middle of the track.

All of these mandatory rules are rarely applied in full by rail operators.. A site summarises all the rights that travellers can expect. This is the official link of the European Consumer Centre.

In addition, rail carriers must now provide assistance for disabled passengers only 24 hours in advance. The previous requirement was 48 hours.

According to the European Commission, these adjustments are intended to "establish fair conditions of competition with other modes of transport".. She says she is working on a new compensation and reimbursement form at EU level. It will be validated for all long-distance transport in the Union.