In general it applies to all rail travel and services within the European Union.
However, EU countries may adopt exemptions from the application of the Regulation for domestic journeys, as well as for journeys where a significant part of the rail transport (including at least one stop at a station) takes place outside the EU.
When Regulation 1371/2007 on rail passenger rights applies, if you are a passenger with a disability or reduced mobility, you cannot be subject to discriminatory conditions of access to rail transport.
It is also forbidden to charge an additional fee on the ticket for this reason.
They cannot refuse to accept a reservation or issue you a ticket, nor can they ask you to travel accompanied by another person, unless it is strictly necessary to comply with the access rules. If they make use of this exception, upon your request, they must justify their decision to you.
Finally, you are entitled to free assistance on board the train, provided that you have requested it at least 48 hours in advance.
When Regulation 1371/2007 applies, if the delay is more than 60 minutes, you have the right to choose between reimbursement or continuation of the journey or driving by alternative route to the final destination as quickly as possible, as well as food and refreshments according to the waiting time and, if it is necessary to stay overnight, you have the right to accommodation and transport between the railroad station and the hotel.
In addition, if you do not opt for reimbursement of the ticket, you can claim compensation, which the railway company must pay you within one month and which will be at least:
- 25% of the ticket price in case of a delay of between 60 and 119 minutes; or
- 50% of the ticket price in case of a delay of 120 minutes or more.
The compensation does not apply if you have been warned of the delay before buying the ticket or if the delay due to the continuation of the trip on another service or driving by an alternative route is less than 60 minutes.
Finally, you must take into account that if the ticket is a return ticket, the compensation for delay, whether on the outward or return trip, will be calculated in relation to 50% of the price paid for the ticket.
Where Regulation 1371/2007 applies, if your checked baggage has been lost, the railway company must pay you the following compensation:
- If the amount of the damage has been proven, an amount equal to this amount which may not exceed 1,200 DEG per package; and
- If the damage is not proven, 300 DEG per package.
In addition, in both cases, the railway company must refund the amount paid for the check-in of the lost baggage, as well as any other expenses paid for the lost baggage (customs, taxes...).
However, there will be no liability if the loss results from a lack or defect of packaging, special nature of the baggage or the dispatch as baggage of objects excluded from the carriage.
Where Regulation 1371/2007 applies, if your checked baggage arrives damaged, the railway undertaking must pay the depreciation suffered, which may not exceed:
- The amount it would have amounted to in the case of total loss if all the baggage were depreciated by the damage.
- The amount to which it would have amounted in case of loss of the depreciated part if only a part of the baggage was depreciated by the damage.
However, there shall be no liability if the loss results from lack of or defective packing, special nature of the baggage or from the shipment as baggage of objects excluded from carriage.
When Regulation 1371/2007 applies, the railway company must pay you, for each indivisible period of 24 hours from the request for delivery of the baggage that has not arrived and up to a maximum of 14 days, the following amounts:
- If the passenger proves that damage has occurred, compensation equal to the damage up to a maximum of 0.80 DEG per kg gross weight of baggage or 14 DEG for each piece of baggage, delivered late; and
- If the passenger does not prove prejudice, a flat-rate compensation of 0.14 DEG per kg of gross weight of baggage or 2.80 DEG per piece of baggage, delivered late.
Please note that the conditions of the carrier will determine whether the compensation is per bag or per kg.