Big change in sight for train users in Europe. Until now, in the event of a delay of more than 60 minutes, passengers could claim compensation of 25 to 75% of the value of the ticket, regardless of the cause of the delay. With the entry into force on 7 June 2023 of the new European regulation on "rail passengers' rights and obligations", adopted by the European Parliament on 29 April 2021, passengers are no longer systematically compensated if the delay is due to "extraordinary circumstances" that are beyond the carrier's responsibility.
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A railway undertaking should not be required to pay compensation if it is able to prove that the delay resulted from extraordinary circumstances such as extreme weather conditions, a major natural disaster jeopardising the safe operation of the service," says paragraph 37 of this regulation, which strengthens the framework established by European Regulation No. 1371 of 2007. Also affected are delays caused by "acts of third parties", such as the presence of persons on the tracks, the abandonment of luggage or the theft of cables.
" READ ALSO SNCF: what protection for passengers in case of delay of a train
The "exceptional circumstances" already in force in the air
Nevertheless, rail operators are still free to apply more generous conditions. In France, as part of its G30 guarantee, SNCF compensates from 30 minutes of delay (25% of the ticket price) instead of the 60 minutes provided for by the regulation, regardless of the reason for the disruption. Contacted by Le Figaro, SNCF Voyageurs says "maintain identical cases of compensation" despite the application of the new European regulation. No change, so for French travelers who will still be able to claim compensation in all situations of delay.
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This consideration of exceptional circumstances is not a surprise. It already exists in other European regulations governing other modes of transport, namely planes, buses and boats," said Camille Bertrand, a lawyer at the European Consumer Centre (ECC) in France. This Franco-German association provides an online tool to find out your rights when travelling by train. However, in practice, most airlines compensate their passengers in the event of extraordinary circumstances (strike of "air traffic controllers", climatic event ...), even if they are not obliged to do so.
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The trip can continue with a competing company
In the European Union, travellers who have missed a connection are entitled to accommodation if continuation of the journey is not possible on the same day. Hanohiki - stock.adobe.com
The application of the Regulation is accompanied by other novelties. "The railway undertaking may authorise the passenger, at his request, to conclude contracts with other transport service providers which enable him to reach the final destination under comparable conditions," the regulation states. In that case, it 'shall reimburse the traveller for the necessary, appropriate and reasonable costs incurred'. This option applies 'where the available re-routing possibilities are not communicated to the traveller within 100 minutes of the scheduled departure time'. In concrete terms, this means that a passenger can take the train of a competing company, but also the coach or bus, but not the plane.
Attention: to benefit from this protection, it is necessary to have booked all of your trips within the same reservation. Buying tickets separately does not entitle you to "reimbursement of the missed train, nor compensation for this second missed trip," recalls the CEC France.
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Mandatory bicycle spaces on new trains
Another novelty: in case of cancellation or delay due to exceptional circumstances, hotel accommodation, covered by the carrier if the continuation of the trip is not possible on the same day, may be limited to a maximum of three nights. "Such a limitation did not exist before. But in fact, it is very rare to be blocked in the station for more than three days, "says Camille Bertrand.
Beyond the compensation and assistance component, the new European regulation provides in particular for the obligation for rail operators to provide spaces for bicycles in new or renovated trains by 2025. In addition, for people with reduced mobility, the time to book a request for assistance is reduced from 48 to 24 hours.
