Rail traveller rights

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The rights of rail passengers are regulated in Regulation 1371/2007 on the rights and obligations of rail passengers, the contents of which are summarized below:

Scope of application

In general it applies to all rail travel and services within the European Union.

EU countries may adopt exemptions from the application of the Regulation on domestic journeys, as well as on journeys where a significant part of the rail transport (including at least one stop at a station) takes place outside the EU.

Disabled passengers or PRMs

  • Access rules for rail transport may not discriminate against disabled passengers or PRMs;
  • No additional costs can be charged on the ticket for this reason;
  • Cannot refuse to accept a reservation or issue a ticket to a disabled passenger or PRM, nor can they be asked to travel accompanied by another person, unless strictly necessary to comply with access rules. If they avail themselves of the exception, upon request, they must justify the decision;
  • The passenger must be provided, upon request, with accessibility information;
  • Passengers are entitled to free assistance on board the train, provided they have requested it at least 48 hours in advance.

Delays and cancellations

If the delay is more than 60 minutes, the passenger is entitled to:

1. to choose between:

  • The full refund of the ticket for the part not carried out or the parts already carried out if they have lost their raison d'être and, if applicable, a return service as soon as possible to the point of departure;
  • The continuation of the journey or re-routing to the final destination under comparable conditions of carriage as soon as possible; or
  • The continuation of the journey or re-routing to the final destination under comparable transport conditions at a later date agreed with the railroad undertaking;

2. Meals and refreshments according to waiting time;

3. Lodging, if an overnight stay is necessary, and in such case, transportation between the railroad station and lodging;

4. In addition, if you do not opt for reimbursement of the ticket, compensation may be demanded, to be paid within one month and shall 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 delay of 120 minutes or more.

If the ticket is a return ticket, the compensation for delay, whether on the outward or return journey, shall be calculated in relation to 50% of the price paid for the ticket.

There is no right to compensation if you have been warned of the delay before purchasing the ticket or if the delay due to continuation of the journey on another service or driving on an alternative route is less than 60 minutes.

Loss, damage or delay in delivery of checked baggage

  • If checked baggage has been lost, the railway company must pay the following compensation:
    • If the amount of the damage has been proven, an amount equal to this amount which may not exceed 1,200 SDRs per package; and
    • If the damage is not proven, 300 SDRs 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...).

Exception: There will be no liability if the loss results from lack of or defective packaging, special nature of the baggage or the dispatch as baggage of objects excluded from carriage.

  • In case of damaged checked baggage, the railway company must pay the depreciation suffered, which may not exceed:
    • The amount to which it would have amounted in case of total loss if the entire baggage was depreciated by the damage;
    • The amount it would have amounted to in case of loss of the depreciated part if only a part of the baggage was depreciated by the damage.

Exception: There shall be no liability if the loss results from lack of or defective packing, special nature of the baggage or shipment as baggage of objects excluded from carriage.

  • In case of delay in the delivery of checked baggage, the railway company must pay 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:
  • If the passenger proves that damage has occurred, compensation equal to the damage up to a maximum of 0.80 SDR per kg gross weight of baggage or 14 SDR for each piece of luggage, delivered late; and
  • If the passenger does not prove that damage has occurred, flat-rate compensation of 0.14 SDR per kg gross weight of baggage or 2.80 SDRs per bag, delivered late.

The carrier's conditions must state whether the compensation is per piece or per kg.

NOTE: The Special Drawing Right is a unit defined by the International Monetary Fund. Its equivalence in euros can be found on the Bank of Spain website.

In case of death or injury

The railway company must pay without delay and no later than 15 days after the person entitled to compensation is identified, the advances to meet immediate economic needs, proportional to the damages suffered.

In case of death, the advance payment cannot be less than 21,000 euros.

The advance payment does not imply recognition of liability and may be deducted from any other sum paid on the basis of the Regulation, but in no case shall it be returned, unless the damage was caused by injury or negligence of the traveler or if the person who has received the compensation is not the one entitled to receive it.

Documentation

Reglamento 1371/2007

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