New EU rules on compensation: these rights will apply to rail passengers in the future

Highlights: In June, the new version of the EU regulation on rail passenger rights will come into force. In the event of a train cancellation or delay, passengers will receive compensation. In which cases is there still money back? And when can you rebook yourself – at the expense of the railways? Here you can read answers to the most important questions:What will change in the current situation? If the train arrives at the destination station more than an hour late, you can demand a refund of 25 percent of the fare, and even 50 percent if it takes more than two hours.

In the event of a train cancellation or delay, passengers will receive compensation. In the future, new rules will apply to this. In which cases is there still money back? And when can you rebook yourself – at the expense of the railways?

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Waiting at the track: In June, the new version of the EU regulation on rail passenger rights will come into force

Photo: Amparo Garcia / Getty Images

If not everything goes smoothly with the train connection, affected passengers have rights against the railway company. In this way, they can insist on food and, if necessary, accommodation and may receive money back. Some of these rights will change from 7 June. Then the new version of the EU regulation "on the rights and obligations of rail passengers" will come into force.

What does this mean for rail passengers? Will compensation be more lavish or even cancelled in the future? To which cases do the changes apply? Here you can read answers to the most important questions:

What will change in the current situation?

If the train arrives at the destination station more than an hour late, you can demand a refund of 25 percent of the fare, and even 50 percent if it takes more than two hours. So far, the cause of the delay has not played a role. This is changing.

From 7 June, there will be scenarios in which the right to compensation will no longer apply. Specifically, they are laid down in Article 19 of the new regulation. It states that a railway undertaking "should not be obliged to pay compensation if it can prove that the delay was caused by extraordinary circumstances".

Extraordinary circumstances – what does it include?

Extraordinary circumstances are beyond the control of the railway company, such as extreme weather, people on the tracks or cable theft. Important: Strikes by railway staff are not included.

So in the future, will the onset of winter be enough to exclude compensation? It is precisely the question of what extreme weather is within the meaning of this regulation that will still occupy courts, estimates Gregor Kolbe of the Federal Association of Consumer Organizations (VZBV). His fear is: "The railway companies will now use this more often to reject demands."

This is reminiscent of the EU Air Passenger Rights Regulation, the interpretation of which regularly occupies courts. In the case of flights, however, lump-sum compensation amounts with a range of 250 to 600 euros usually involve much more money than rail reimbursements, where it is often only double-digit amounts.

That's why Kolbe also fears that, in case of doubt, rail passengers will probably not take legal action more often, although they might be justified – simply because the effort is not worth it.

How will Deutsche Bahn deal with this?

According to Deutsche Bahn, the way the company will implement the new EU rules will have little impact on most customers.

"Ordinary storms are explicitly excluded," said Stefanie Berk, Chief Marketing Officer at DB Fernverkehr AG, with a view to the new restrictions on compensation. In such cases, the railway will continue to compensate.

However, an example of an extraordinary natural phenomenon in the sense of the new EU rules would have been the flood of the century in the Ahr valley in the summer of 2021. However, in such cases, Deutsche Bahn wants to continue to make accommodating arrangements in the future and accommodate customers.

Cases in which Deutsche Bahn will no longer compensate in the future are cable thefts, emergencies on the train or people on the track, which are also mentioned in the new EU regulation. According to Berk, however, such scenarios account for only a vanishingly small proportion of passenger rights cases that end up at Deutsche Bahn.

When will you be reimbursed for the fare in the future?

It is very important to note that railway companies can only invoke extraordinary circumstances in the case of claims for compensation. According to Article 18 of the Regulation, this does not affect other obligations: for example, that in the event of major delays, the onward journey must be organised by another route or that the passenger can be reimbursed for the fare.

What about meals and hotel accommodation?

The new rules also largely affect the right to assistance in the event of delays of more than an hour or train cancellations. This includes, for example, that the railway company must take care of meals and refreshments in an appropriate proportion to the waiting time and, if necessary, accommodation in a hotel.

There is a small change in hotel accommodation: if exceptional circumstances are the cause of the train cancellations, the railway company can limit hotel accommodation to a maximum of three nights, according to Article 20 of the regulation. There was no such restriction before.

What changes if you rebook on your own?

Apart from the question of reimbursement, in the event of foreseeable delays of more than one hour at the destination station, passengers generally have the choice of having the fare reimbursed or continuing their journey. If they decide to continue their journey, they can continue at the next opportunity or at a later date of their choice, always choosing a different, comparable connection. According to the regulation (Article 18), the railway undertaking must offer them the option.

From 7 June, according to the European Consumer Centre (ECC), the following applies: You may also be rebooked by the railway company on the train of another provider for your onward journey. On the other hand, rail passengers are explicitly granted the right to continue their journey on their own initiative. The costs incurred can then be reclaimed from the railway company.

Prerequisites for this are:

The passenger must either obtain the consent of the railway company for the rebooking.
Or the passenger has not been informed of alternative onward travel options by the railway company within 100 minutes of the scheduled departure time, missed connection or cancelled service. In such cases, you can take care of alternative connections yourself.

However, there is one restriction: the ordinance explicitly mentions train or bus connections of other "public transport services". This, in turn, is viewed critically by consumer advocates.

For example, the ECC welcomes the fact that from now on there is the possibility to organize the rebooking yourself. Because: "Many railway companies have not offered rebooking in the past," reports EVZ lawyer André Schulze-Wethmar. "In addition, they have often refused to pay for the costs of self-organized rebookings."

However, he is critical of the fact that flights, for example, are not mentioned as a rebooking option. "Especially for long cross-border journeys, rebooking on an airplane is often the most practicable and often the most cost-effective solution," says Schulze-Wethmar. Rental cars are also not mentioned in the regulation.

AreaWhere will the EU regulation apply?expand

The regulation on rail passenger rights applies to long-distance and local transport in all EU Member States as well as in Iceland, Norway and Liechtenstein. It sets out the minimum requirements. This means that the individual states, but also individual companies, can set even more consumer-friendly rules.

In Germany, there are two examples of consumer-friendly rules from the Railway Transport Ordinance (EVO) that go beyond the EU Rail Passenger Rights Regulation.

AreaWhat special rules apply in Germany?expand

According to Article 8 of the EVO, holders of a regional train ticket can, under certain circumstances, alternatively change to a higher-value train (which does not require a reservation) – for example an ICE – if the delay at the destination station is foreseeable to be more than 20 minutes. To do this, you first have to buy an ICE ticket, but you can reclaim the costs later.

And: If the scheduled arrival time is between 0:5 and <>:<> a.m. and a delay of at least one hour at the destination station is foreseeable, Regioticket holders can also travel to their destination by other means of transport, such as a taxi.

This is also possible if it is the last scheduled connection of the day, it is cancelled and you can no longer arrive at the destination station by 24 o'clock without other means of transport.

For these two cases, the EVO, which has also been revised, provides for a maximum refundable amount of 120 euros in the future, up from 80 euros so far. The new EVO will come into force on 7 June, parallel to the new EU regulation.

What applies to through tickets?

Suppose you book a night train ride with one provider and a ticket with a second train company that you want to use to travel to the point of departure of the night train. Then exactly this train is cancelled, which is why you do not arrive and the night train leaves without you. In such a case, you are entitled to a refund for the first ticket, but you would be left with the cost of the expired night train ticket.