European Union’s New Rail Rules Change Compensation Rights

A set of new regulations covering train passenger rights are exempting operators from paying compensation under certain conditions.

Under the new rules which went into effect last week (June 7), train passengers can no longer claim back 25 percent of their ticket price for delays of over an hour and 50 percent for more than two hours.

According to the latest provisions, train operators will not be required to pay compensation in the event of a “force majeure” or extraordinary circumstances including storms, flooding, terrorist attacks or pandemics. The rules apply when the company is unable to prevent or avoid delays or cancellations caused by these events.

Under the regulations, strikes are not considered extraordinary circumstances and rail operators will still have to reimburse ticket costs or reroute passengers.

The European Commission said the move aims to “establish a level playing field with other transport modes” and paves the way for the development of an EU-wide standardized compensation and reimbursement form.

Additionally, EU authorities said the new rules offer better protection for passengers.

Among others the rules foresee extra protections for passengers including being given the right to organize their own travel by rail or bus and be reimbursed by the rail company for the “necessary, appropriate and reasonable” cost of the new ticket if the operator is does not provide a solution within 100 minutes when travel is disrupted.

Additionally, regulations on “through tickets” (connecting train tickets sold together) give passengers more rights in case of lost connection, including ticket reimbursement or compensation, accommodation when a journey cannot continue on the same day, and refreshments.

“We need strong and modern rail passenger rights to attract more people to rail and contribute to our climate goals,” says Commissioner for Mobility and Transport Adina Vălean. “The new rules will improve protection for rail passengers faced with delays, cancellations and missed connections.”

Under the rules, rail operators cannot require disabled persons to be accompanied by another person unless it is strictly necessary. Should it be required, the accompanying person is entitled to travel free of charge and be seated near the person they are assisting.

Lastly, the pre-notification period for assistance requests has been reduced to 24 hours and railway stations must have a central point of contact for these requests.