Rail passenger rights

A new EU regulation has been introduced, establishing uniform rules of compensation for rail passengers throughout Europe. While we have no trains on the island, Maltese travellers do use trains to commute while in Europe.

These rules apply to delays or cancellation of trains and even in the case of accidents. Operators are also obliged to inform passengers of their rights and obligations and to establish complaints-handling procedures. The aim is to introduce minimum quality standards for rail services.

The regulation stipulates that rail companies must provide passengers with pre-journey information, information during the journey as well as information after the journey.

This includes all relevant conditions applicable to the contract; to time schedules and conditions for the fastest trip, time schedules and conditions for the lowest fares, accessibility and access conditions for people with reduced mobility, accessibility and access conditions for bicycles, availability of seats in smoking and non-smoking, first and second class, couchettes and sleeping carriages; any activities likely to disrupt or delay services, and the availability of on-board services.

The railway undertaking must also establish procedures for reclaiming any lost luggage and for the submission of complaints.

During the journey, the railway undertaking must provide the passenger with information relating to on-board services, next station, delays, main connecting services and security and safety issues. The new rules also provide for the possibility of purchasing tickets on board and for the possibility of obtaining integrated 'through-tickets', also for cross-border journeys and journeys on different rail networks.

The new rules stipulate that the railway undertaking is liable for the loss or damage resulting from a passenger's death or bodily injury, both physical and mental. The liability of the railway undertaking arises if the accident takes place when the passenger is on the train or while the passenger is entering or leaving the train. The railway company is also liable for the total or partial loss or damage to registered luggage and personal effects carried by the passenger.

In the case of delay in delivery of registered luggage, the carrier must pay compensation in respect of each whole period of 24 hours after delivery has been requested until a delay of 14 days. The rail company is also liable to the passenger for loss or damage resulting from the fact that the passenger's journey could not be continued on the same day by reason of cancellation, the late running of a train or a missed connection. However, the railway company is not liable where these are the result of exceptional circumstances or fault on the part of the passenger.

(To be continued next week)

This information was provided by the European Consumer Centre, Malta.