Flight, train or bus delays or cancellations can complicate your plans and cause inconvenience. What are your rights as a passenger and what are the carrier’s obligations? What can you demand from different types of carriers and what should you do if unexpected problems arise during your journey?
Complaints about transport services, whether by plane, train or coach, are governed by the general rules on complaints, but individual carriers also have the option of adjusting the details in their terms and conditions, which must then comply with applicable legislation. Not only do national rules come into play, but also EU regulations specifically for EU citizens.
It is always important to read the carrier’s terms and conditions carefully before you travel (or at the latest when you have an incident) and to familiarise yourself with the conditions under which a claim can be made, the time limits for making a claim and your rights as a passenger.
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Are you unclear about what exactly you can claim and who to contact with your claim? Has the carrier rewarded you with ridiculous compensation or refused to deal with the case on the grounds that it was not to blame for the delay? Contact us and we’ll help you assert your rights. I want to consult.
Tip: Are you planning to travel by train, bus or plane? And did you know that you always sign a transport contract? What are the important aspects of a transport contract, what exactly does it contain and what rights and obligations does it imply for you? We will look at this in a separate article.
The rights of rail passengers within the European Union are regulated by Regulation (EC) No 1371/2007 of the European Parliament and of the Council. This includes rights to compensation in the event of train delays or cancellations, as well as the obligations of carriers to inform and assist passengers.
In the case of rail delays, the length of the delay is crucial when claiming for tickets. If it is more than 60 minutes but less than 120 minutes, you are entitled to a refund of 25% of the ticket price. If the delay is more than 120 minutes, the compensation increases to 50%. Of course, you do not lose your right to transport at the same time. At the same time, however, the minimum refund is 4 Euros.
If you did not buy an individual ticket but have, for example, a monthly ticket, then there is a one-off compensation, for example, ČD compensates network ticket holders with CZK 50 for delays of 60 to 119 minutes, and for delays exceeding 120 minutes the compensation is set at CZK 100.
If you find out before boarding the train that the train is delayed, you have the right to return the ticket and the carrier will refund the fare paid. Another option is to change your ticket so that you can get to your destination as quickly as possible by other means. Again, the carrier should be able to accommodate you.
You will also be entitled to compensation if you decide not to continue your journey (in the event of a delay). Therefore, if you decide not to use ČD or another carrier in such a case, you are entitled to a refund of the fare and compensation for the delay. In this case, you should apply for a refund, for example, at the nearest ticket counter. If you bought your ticket online, the refund should be more than CZK 100.
Bus passengers’ rights are also regulated by Regulation (EU) No 181/2011 of the European Parliament and of the Council, which applies to long-distance bus services. Carriers are obliged to refund fares or provide an alternative service in the event of cancellation or long delays.
For bus services, many of the rules are similar but not identical. The Regulation provides for the possibility of obtaining compensation for delays (more than 120 minutes) on a regular service which has a point of entry or exit in an EU Member State and a route of more than 250 kilometres. Passengers should be able to choose between continuing their journey, being rerouted to their final destination or receiving a refund. The condition for entitlement is that the passenger has booked a seat.
Passenger rights are regulated in detail by Regulation (EC) No 261/2004 of the European Parliament and of the Council, which lays down the conditions for compensation and assistance to passengers in the event of delay, cancellation or denied boarding. Here, passengers’ rights are relatively strictly defined and carriers have less scope to modify the conditions.
The scope of the Regulation includes:
In the case of flight delays, the key factor is the length and reason for the delay. Compensation is payable if the flight is delayed for more than three hours. The length of the delay is calculated according to the arrival at the final destination. However, if the delay was caused, for example, by weather conditions or other similar events beyond the fault of the airline, there is no entitlement to compensation. The passenger will therefore be entitled if there is, for example, a defect in the aircraft, a sick crew member, etc.
The amount of compensation depends on the distance:
The length of the delay is the difference in arrival time at the final destination compared to the originally scheduled arrival time. In order to receive compensation, the flight at the final destination must be delayed by at least three hours.
Tip: What to do if other things go wrong during the trip? The hotel doesn’t have your room size and instead of a sea view you are looking into a yard with garbage? This is the focus of our next article on holiday complaints.
Passengers are also entitled to free refreshments or free accommodation if they have to wait until the next day for their flight.
You can claim free meals and refreshments to the extent reasonable for the waiting time in the event of a delay:
Similar entitlements arise in the event of cancellation. If passengers were informed of the cancellation less than 14 days in advance (and it is not a force majeure cancellation), the same amounts can be claimed from €250 – €600.
In addition to refunds, re-routing to the final destination under comparable conditions is also available.
If these conditions are not met, the Regulation cannot be applied. In this case, you can then only claim compensation for any damages arising from the delayed or cancelled flight on the basis of the so-called Montreal Convention.
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