Complaints Regarding Different Types of Transportation
Complaints regarding transportation services—whether by plane, train, or long-distance bus— are governed by general complaint rules; however, individual carriers may also adjust the details in their terms and conditions, which must then comply with applicable legislation. Not only do domestic regulations apply, but European Union regulations also come into play, particularly for EU citizens.
It is always important to carefully read the carrier’s terms and conditions before your trip (or at the latest when you encounter a problem) to familiarize yourself with the conditions under which a complaint can be filed, the deadlines for resolving it, and your rights as a passenger.
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Tip: Are you planning a trip by train, bus, or plane? Did you know that you’re always entering into a contract of carriage? What are its key aspects, what exactly does a contract of carriage include, and what rights and obligations does it entail for you? We’ll cover these topics in a separate article.
General Principles for Complaints:
- Passenger Rights: Passengers have the right to file a complaint regarding services if they are not provided in accordance with the contract or the expected quality. This includes delays, service cancellations, lost luggage, or other complications.
- Deadlines for Filing a Complaint: The law generally stipulates that a complaint should be filed as soon as possible after the problem is discovered; however, specific deadlines may vary depending on the mode of transportation and the carrier’s terms and conditions.
- Claim Resolution: By law, the carrier is required to resolve a claim within 30 days of receiving it. If the carrier fails to resolve the claim within this period, the claim is deemed valid.
Rail Transport
Passenger rights in rail transport within the European Union are now primarily governed by Regulation (EU) 2021/782. This includes the right to compensation in the event of a train delay or cancellation, as well as the carriers’ obligations to inform passengers and provide them with assistance.
In the event of a train delay, you are entitled to compensation of 25% of the ticket price for delays of 60–119 minutes and 50% for delays of 120 minutes or more. The minimum compensation amount is €4.
If you did not purchase a single-trip ticket, but have, for example, a monthly pass, then a one-time compensation amount is set; for instance, České dráhy compensates network pass holders with 50 korunas for delays of 60 to 119 minutes, and for delays exceeding 120 minutes, compensation is set at 100 korunas.
If you learn that the train is delayed before boarding, you have the right to return your ticket, and the carrier will refund the fare you paid. Another option is to change your ticket so that you can reach your destination as quickly as possible by another means of transportation. The carrier should accommodate you in this regard as well.
You are entitled to compensation even if you decide (in the event of a delay) not to continue your journey. Therefore, if you decide not to use the services of České dráhy or another carrier at all in such a case, you are entitled to a refund of the fare as well as compensation for the train delay. In this case, you should request a refund immediately at the nearest ticket counter. If you purchased your ticket online, the refund amount should be more than 100 Kč.
Bus Transportation
Passenger rights in bus transportation are also governed by Regulation (EU) No. 181/2011 of the European Parliament and of the Council, which applies to long-distance bus routes. Carriers are required to refund the fare or provide an alternative connection in the event of cancellation or a long delay.
Many of the rules for bus transportation are similar, but they are not identical. The regulation stipulates that for long-distance bus routes (at least 250 km), passengers may request a refund of the fare or continuation of the journey in the event of a cancellation or a delay exceeding 120 minutes. If the carrier does not offer these options, additional compensation equal to 50% of the ticket price is due. Passengers should have the option to choose between continuing their journey, being rerouted to their final destination, or receiving a refund of the fare. A reserved seat is not required—the decisive criteria are that the route is a long-distance route (≥ 250 km) and that the delay or cancellation exceeds 120 minutes
Air Travel
Passenger rights are set forth in detail in Regulation (EC) No. 261/2004 of the European Parliament and of the Council, which establishes the conditions for compensation and assistance to passengers in the event of a delay, flight cancellation, or denied boarding. Passenger rights are defined quite strictly here, and carriers have less leeway to modify the terms and conditions.
The scope of this Regulation includes:
- departures from an airport located in a Member State of the European Union, Norway, Iceland, or Switzerland,
- departures from an airport located in a third country—that is, a country outside the EU—to an airport located in an EU Member State, provided that the operating air carrier is based in an EU Member State.
In the event of a flight delay, the key factors are the duration and cause of the delay. A right to compensation arises if the flight is delayed by more than three hours. The delay period is calculated based on the arrival time at the final destination. However, if the delay is caused, for example, by weather conditions or another similar event beyond the airline’s control, no right to compensation arises. Passengers are therefore entitled to compensation if, for example, there is a mechanical failure of the aircraft, a crew member falls ill, etc.
The amount of compensation depends on the distance:
- 250 euros – flights up to 1,500 km
- 400 euros – flights from 1,500 km to 3,500 km
- 600 euros – flights of 3,500 km or more
The length of the delay is defined as the difference between the actual arrival time at the final destination and the originally scheduled arrival time. To be eligible for compensation, the flight must be delayed by at least three hours upon arrival at the final destination.
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Tip: What should you do if other things go wrong during your trip? What if the hotel doesn’t have a room in your size, or instead of a ocean view, you’re looking out onto a courtyard full of trash? We cover these issues in our next article on filing vacation complaints.
Passengers are also entitled to free meals and, if necessary, free accommodations if they have to wait for their next flight until the following day.
You may request free meals and refreshments commensurate with the waiting time in the event of a delay:
- 2 hours or more for flights of up to 1,500 km,
- 3 hours or more for flights within the EU longer than 1,500 km,
- 3 hours or more for other flights between 1,500 km and 3,500 km,
- 4 hours or more for all other flights.
Similar entitlements also apply in the event of a flight cancellation. If passengers were notified of the cancellation less than 14 days in advance (and the cancellation was not due to force majeure), they may claim the same amounts ranging from 250 to 600 euros.
In addition to a refund, passengers may also opt for re-routing to their final destination under comparable conditions.
If these conditions are not met, the aforementioned regulation cannot be applied. In this case, you may only claim compensation for damages resulting from a delayed or canceled flight under the so-called Montreal Convention.
Summary
Frequently Asked Questions
Am I entitled to compensation for a flight delay?
Yes, you are entitled to compensation for a flight delay if the flight is delayed by more than three hours and the cause of the delay is attributable to the carrier (for example, a technical malfunction of the aircraft, a shortage of crew, etc.). The amount of compensation for a delayed flight ranges from 250 to 600 euros, depending on the length of the route. If the delay was due to extraordinary circumstances, such as bad weather or air traffic restrictions, the airline is not liable and you are not entitled to compensation.
What should I do if I want to claim compensation for a delayed flight?
First, verify that the flight was delayed by at least three hours and that the cause was not beyond the carrier’s control. You can then file a claim for compensation directly with the airline or through a lawyer.
What options do I have with České dráhy if my train is delayed?
For rail travel, a European regulation applies under which you are entitled to a partial refund of your fare if a train is delayed by more than 60 minutes.
For delays of 60–119 minutes, České dráhy will provide compensation equal to 25% of the ticket price.
For delays of 120 minutes or more, ČD compensation amounts to 50% of the fare. If you decide not to make the trip at all, you are entitled to a full refund of the ticket price.
You can file a complaint or request compensation from České dráhy online or at the ticket office. If you have an account with České dráhy and paid by card, the compensation will be automatically refunded to your account without you having to request it.
Am I entitled to compensation even if my flight is canceled?
Yes. If your flight was canceled less than 14 days before departure, you are entitled to compensation for the canceled flight under the same regulation (EU 261/2004). The amount of compensation is again 250–600 euros, depending on the distance of the route.
In addition to monetary compensation, you are also entitled to re-routing or a refund, and, if necessary, meals or accommodations if you have to wait until the next day.
What should you do if the carrier refuses to provide compensation or doesn't respond?
If the carrier does not respond within the specified time limit or refuses to provide compensation, please contact us. We will assess whether the carrier’s liability is truly excluded and prepare legal action to enforce your rights.
