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21/01/2010

European Regulation offers rail passengers improved protection

European Regulation 1371/2007 offers rail passengers improved information, assistance in the event of delays of more than one hour and compensation

Rail passengers are better protected

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Regulation 1371/2007
Legislation

European Regulation 1371/2007 on national and international rail carriage, came into effect on 3 December 2009. Member States are however allowed to postpone its implementation for a maximum period of five years, which can be renewed twice for domestic train services.

The Regulation states the information which railway companies have to provide to passengers. This concerns information about the rail journey, the availability of tickets and about their rights.

The Regulation also fixes the liability of railway companies in the event of death or injury to rail passengers in the event of delay or cancellation of a train, and for the loss, damage to or late delivery of luggage. It also lays down a system of compensation.

Railway companies are moreover subject to a number of obligations in the area of insurance, protecting persons with a disability or reduced mobility, quality standards and rail passenger safety.

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More than 60 minutes late? Passengers can choose between a refund or continuing their journey

If it appears that a train is going to be delayed by more than 60 minutes, passengers can choose between:

  • reimbursement of the full cost of the ticket for the distance not yet travelled and the distances travelled but which no longer have any purpose for the passenger;
  • continuation or re-routing of the journey to the final destination. This has to happen under comparable transport conditions and within the best possible time limit or at a later date at the customer’s discretion.

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Rail passengers have a right to compensation

Travellers who choose to continue their journey can claim compensation for the delay. This amounts to:

  • 25% of the ticket price for a delay of 60 to 119 minutes,
  • 50% of the ticket price for a delay of 120 minutes or more.

Passengers who hold a travel pass or season ticket and who encounter recurrent delays or cancellations during its period of validity may also request adequate compensation in accordance with the railway company’s compensation arrangements.

Passengers do not have any right to compensation if they are informed of a delay before they buy their ticket.

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Railway companies must provide assistance to their passengers

Passengers must be kept informed of the situation and of the estimated departure time and estimated arrival time as soon as such information is available. In the case of any delay of more than 60 minutes, passengers shall be offered free of charge:

  • meals and refreshments;
  • if need be, accommodation in a hotel and transportation from the station to the hotel and back;
  • if the train is blocked on the track, transport from the train to the railway station.

If the railway service cannot be continued any more, railway companies must organise alternative transport services for passengers as soon as possible.

Railway companies must confirm on the ticket that the rail service has suffered a delay, led to a missed connection or that it has been cancelled.

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Situations where the carrier is not liable

The carrier is not required to pay the costs of overnight accommodation if the cancellation, late running of a train or missed connection is attributable to one of the following causes:

  • circumstances not connected with the operation of the railway which the carrier could not prevent; 
  • fault on the part of the passenger;
  • the conduct of a third party which the carrier could not prevent.

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Special consideration for persons with a disability or reduced mobility

Railway companies are not allowed:

  • to impose a surcharge on persons with a disability or reduced mobility on the grounds of their disability or reduced mobility;
  • to deny boarding to persons with a disability or reduced mobility;
  • to require persons with a disability or reduced mobility to be accompanied by an attendant, unless this is strictly necessary.

If boarding is denied or the presence of an attendant is nevertheless demanded, then the reasons for this must be confirmed in writing to the passenger within five days of being requested by the passenger.

If necessary, free assistance must be provided for boarding and leaving the train to a person with a disability or reduced mobility. The request for assistance must be made at the latest 48 hours before departure from the railway company. The railway company can state a time when the passenger will have to report in order to make use of the assistance. This time cannot be more than 60 minutes before the departure time of the train or the registration. If no time is given, then the passenger has to report at the latest 30 minutes before departure or registration.

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Liability in the event of late delivery, loss of or damage to the luggage

In the case of late delivery, loss of or damage to the luggage entrusted to it, the carrier must pay compensation to passengers.

Luggage will be considered lost after 14 days. In the event of loss, the passenger can also demand reimbursement of the transport costs of the luggage as well as compensation, as well as other costs arising from the carriage of the lost items (customs and excise duties).

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