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Passenger rights

Updated : 08/2010

Rail passenger rights

Your rights as a railway passenger apply to all international trains within the EU.

Be careful European countries have had the possibility to grant exemptions to these rights for domestic, urban, sub-urban and regional trains as well as for international trains leaving and entering the EU.

Cancellation or delay

If your train is cancelled or delayed, you may be entitled to compensation. In any case, you have the right to adequate information about what is happening while you are waiting.

If a delay of at least 1 hour (in arrival at your final destination) is announced, you can:

  • cancel your travel plans and request immediate reimbursement of the full cost of your ticket (or of the part of the journey not made). You may also claim reimbursement and where relevant a return service to your first point of departure for the part of the journey you have already made, if the delay implies that you can no longer fulfil the purpose of your trip.

or

  • ask your carrier to be re-routed to your final destination at the earliest opportunity, or at a later date of your choice.

or

  • continue your journey, despite the delay, along the planned travel route.

If you decide to continue your journey as planned or to be re-routed, you may be entitled to compensation of:

  • 25% of the ticket fare, if the train is between 1 and 2 hours late.
  • 50% of the fare, if the train is delayed by more than 2 hours.

You will not receive a compensation in the following cases:

  • if you have been informed of a delay before you buy your ticket;
  • in circumstances not connected with the operation of the railway which the railway undertaking could not avoid and whose consequences it could not prevent;
  • if it is the fault of a third party and the railway undertaking could not prevent the consequences (other railway undertakings are not considered third parties).

Under all circumstances, in the case of a delay in arrival or departure of more than one hour you are entitled to assistance in terms of:

  • meals and refreshments in relation to the waiting time;
  • accommodation where an overnight stay becomes necessary;
  • alternative transport when the train is blocked and the service cannot be continued any more.

If you consider that your passenger rights have not been respected, you can complain to the railway undertaking who has to reply within one month.

If you are not satisfied with their reply, you may contact the National Enforcement Body (NEB) [109 KB]

Lost or damaged registered luggage

If your registered luggage is lost or damaged during your trip, you have a right to receive compensation, unless if it was inadequately packed, had a special nature or was not fit for transport. You are entitled to compensation of up to 1 300 eurosper piece of registered luggage if you can prove the value of its contents.

You are entitled to 330 euros per piece of luggage if you cannot prove the value of its contents.

If a passenger is killed or injured in a train accident, he/she or his/her dependants have the right to compensation for lost or damaged hand luggage both registered or not up to a maximum of 1 500 euros.

Injury and death

If a passenger is injured or killed in a train accident, he/she or the person entitled to compensation have the right to an advance payment within 15 days of the accident to cover his/her or his/her dependants' immediate needs.

In case of death, this advance payment is minimum 21 000 euros per person.

Travelling by bus or ship

The rights of passengers travelling by ship or by bus will be applicable as from end 2012 and beginning 2013, respectively.

When travelling on these modes of transport you will have rights to assistance, reimbursement and rerouting in cases of cancellation and delay, as well as the right to information and the possibility to make a complaint.

Persons with reduced mobility travelling by bus or ship would have similar rights as when flying or travelling by train, including assistance and the right to travel.

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Footnote

In this case, the 27 EU member states + Iceland, Liechtenstein, apart from Malta and Cyprus

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