Fundamental changes in rail passenger rights
On 7 June 2023, the revised EU regulation on rail passenger rights and obligations entered into effect. The new rules will affect everyone, especially passengers with disabilities, and passengers transferring to another route or transporting bicycles.
A significant change is the obligation for carriers and railway infrastructure managers to also provide real-time information on connections and delays to ticket vendors and travel agencies. Passengers will thus be better informed about the current situation on the railways even if they did not buy their ticket directly from the carrier.
Right to compensation and re-routing
Carriers that meet the definition of a sole railway undertaking are now obliged to issue a direct transport document (i.e., a through ticket). This will allow greater protection for passengers in the event of delay or missed connections, making it easier for them to exercise their right to compensation. The amount of compensation then depends on the length of the train delay and amounts to:
- 25% of the ticket price for a delay of between 60 and 119 minutes
- 50% of the ticket price for a delay of more than 120 minutes.
For the avoidance of doubt, the regulation now directly mentions that passengers are not entitled to compensation in the event of extraordinary circumstances not related to the railway operation that the railway undertaking could not have prevented and could not have averted. Examples include extreme weather conditions, pandemics, or terrorist attacks. On the other hand, a strike by the carrier's employees is not such an extraordinary circumstance.
The revised regulation also includes the right to self-rerouting. Passengers whose journey is disrupted by delays or cancellations must be offered a solution to that situation by the carrier. If the passenger is not informed within 100 minutes of the disruption, they have the right to do their own rerouting. This means that they can buy a ticket from another rail or bus carrier and the original carrier must then reimburse them for the costs incurred.
Support for passengers with disabilities
The regulation also strengthens the protection of passengers with disabilities and gives them the right to assistance when boarding and disembarking from a train, the possibility to buy a ticket directly on the train, and the right to compensation for loss of or damage to assistive equipment (e.g., wheelchair, walker). A passenger with disabilities must request assistance at least 24 hours before they need assistance. This period has been shortened from the original 48 hours. At the same time, the staff of the carrier or railway station must be properly trained so that they can meet the needs of people with disabilities.
To promote the use of alternative means of transport, the regulation makes it mandatory to provide a minimum of four bicycle places on each new or upgraded train. Individual member states can then increase the number of such places.
Rail carriers should prepare for changes as soon as possible, not only in terms of adapting contractual documentation and sharing information with vendors and other persons but also in terms of providing training to their staff.