The European Commission announced on 28 September 2017 that it is updating the European rules on rail passenger rights to better protect train travellers in case of delays, cancellations or discrimination.
Advertisement
The Commission says it also wants to guarantee adequate passenger information and to significantly improve the rights of passengers with disabilities or reduced mobility.
At the same time, the Commission’s proposal is proportionate and recognises that rail operators can, under strict circumstances, be exempted from having to compensate passengers in the event of delay.
The Commission’s proposal updates the existing rules on rail passenger rights in five key areas:
1. Uniform application of the rules: long distance domestic and cross-border urban, suburban and regional services can no longer be exempted from the application of passenger rights rules. Today, only 5 Member States fully apply the rules (Belgium, Denmark, Italy, the Netherlands and Slovenia), while others have put in place varying degrees of exemptions. This significantly deprives passengers from their rights.
2. Information and non-discrimination: improved provision of information about passenger rights, e.g. by printing it on the ticket. Passengers who use connected services with separate tickets must be informed on whether their rights apply to the whole journey or only to the different segments. Discrimination on the basis of nationality or residence is prohibited.
3. Better rights for persons with disabilities or reduced mobility: mandatory right to assistance on all services and full compensation for loss or repair of mobility equipment. Relevant information has to be given in accessible formats and rail staff must receive disability awareness training.
4. Enforcement, complaint-handling procedures and sanctioning: clear deadlines and procedures for complaint handling and clear responsibilities and competencies of national authorities responsible for the application and enforcement of passenger rights.
5. Proportionality and legal fairness: a “force majeure” clause will exempt rail companies from having to pay compensation in the event of delays caused by natural catastrophes, which they could neither foresee nor prevent. Under the current rules, rail companies have to pay compensation even when faced with such events.
The Commission’s proposal now needs to be examined and adopted by the European Parliament and the Council (i.e. the EU Member States) before entering into force.
