Rail traffic passenger rights
Everyone has travelled using public transportation at some point, but despite the general use of such transportation passengers are not sufficiently aware of their rights and they do not know how to react in certain situations.
Passengers who have purchased a rail ticket and who travel on railway lines in the area of the European Community, Norway, and Switzerland have certain rights arising from Regulation (EC) no. 1371/2007, in exactly the same way as when they travel using other means of transportation. These rights refer to the provision of information prior to and during their journey and to train delays and cancellations or to luggage loss or damage.
Train cancellation or delay prior to or during the journey
If a train is delayed or is cancelled, passengers shall have the right to be given suitable information while they wait. If a train is due to arrive at its final destination with at least a one-hour delay, passengers shall have the right to cancel their journey and request the immediate reimbursement of the ticket price (the full price or for the section of the journey that has not been made) or to continue their journey to their final destination under comparable conditions. If passengers choose to receive a refund for their ticket, they shall also be entitled to a return journey to their original point of departure, as soon as this is possible.
If passengers decide to continue their journey, they may be entitled to compensation in the amount of 25% of the ticket price if a train is delayed by 60 to 119 minutes, and in the event of a delay longer than 120 minutes, the compensation shall be in the amount of 50% of the ticket price. A delay of each train which occurs in the area of the EU, in Switzerland, in Norway, or in Slovenia shall be taken into account. Compensation shall be paid at the latest within one month after filing a claim.
In the event of a delay which lasts at least one hour, passengers shall also be entitled to suitable food and beverages considering the waiting time. If overnight accommodation is necessary, it shall also be provided.
Passengers shall not be entitled to any compensation arising from delays if a delay occurred due to factors beyond the control of the carrier, if passengers had been informed concerning an anticipated delay prior to purchasing their ticket, if passengers were provided with replacement transportation, so that the delay upon their arrival at the final station was less than 60 minutes, if the transportation was fully or partially provided outside of the EU, if the delay occurred due to circumstances unrelated to railway traffic which the carrier was unable to avoid despite suitable security measures and the consequences of which the carrier failed to prevent, if the delay occurred due to the fault of the passengers or of third persons and in the event of an announced strike of the carrier's personnel.
Loss or damage to luggage on a train
If luggage checked in by passengers is lost or damaged during the journey, passengers shall be entitled to compensation which may amount to a maximum of €1,300 per piece of checked in luggage if passengers can prove that the value of the luggage content, and €330 per piece of luggage if passengers are unable to prove the value of the luggage content.
The carrier's liability for the personal injuries of passengers
If passengers suffer physical injuries during their journey due to an incident, for which the carrier is responsible, passengers shall be entitled to immediate advance payment for the incident that matches the current economic requirements and that is proportionate to the injury obtained. In the event of death, the advance payment shall not be less than €21,000.
Claims and complaints
Claims for compensation due to a train delay and other complaints shall be filed by passengers to the carrier from whom they purchased a ticket or to any carrier participating in the transportation. Passengers may file their claim for compensation by means of a special form or otherwise in writing. The original tickets, reservations, additional payments, and a delay confirmation shall be enclosed with the claim. If a carrier fails to respond or if passengers are not happy with its answer, they may turn to the competent control authority; in Slovenia, this is the Agency for Communication Networks and Services of the Republic of Slovenia.