What are you entitled to if your train is delayed?

What the law says about compensation for train delays law

Passengers’ rights in the event of train delays are primarily based on Regulation (EU) 2021/782 of the European Parliament and of the Council, which is directly binding in all EU Member States, including the Czech Republic. This Regulation provides that passengers are entitled to assistance, re-routing, fare refund and financial compensation if there is a significant delay. The regulations are quite strict: even after a delay of 60 minutes, the carrier must offer specific solutions, even if the delay was not caused by the carrier, but for example by bad weather or force majeure. This is very important for passengers – they are entitled to compensation regardless of the cause of the delay.

Czech law supplements this regulation through the Railways Act and the Transport Regulations (Decree), which deal with the details of transport contracts and the obligations of carriers. However, these regulations do not overlap with the European rules – the EU Regulation has higher legal force and is decisive in assessing passenger claims.

In addition, the carriers themselves, such as ČD, RegioJet or Leo Express, issue their own contractual conditions of carriage, which may even be more favourable to passengers than the legal minimum. Some carriers thus voluntarily pay higher compensation or provide additional services to make the situation more comfortable. Although specific practices vary between carriers, the legal basis remains the same: the EU Regulation is binding on all.

When you are entitled to compensation for train delays and how much

You are entitled to compensation for train delays when there is a significant disruption to the service compared to the planned timetable. Under EU Regulation 2021/782, you are entitled to a refund of part of your fare in the following cases:

• Delay of 60-119 minutes: 25% of the fare.
• Delays of 120 minutes or more: 50% of the fare.

The refund applies only to the part of the journey affected by the delay. Therefore, if you have more than one transfer on the same ticket, it is treated as a whole. This is advantageous for the passenger, as a delay of one connection can activate compensation for the whole route.

You are also entitled to compensation if:

• you have had to interrupt your journey and have returned to your departure station,
• you arrived at your destination significantly late,
• the carrier accidentally did not let you board (e.g. due to overcrowding),
• there were consecutive delays on connections within the same contract.

Compensation is paid in cash unless you expressly agree to another form (e.g. credit with the carrier). The carrier must respond to the request within one month. If it refuses or is silent, you can complain to the Railway Authority or contact a lawyer.

How to get a train delay certificate

The basis of a successful claim is the train delay certificate, which serves as proof that the delay actually happened. There are several ways to get this certificate and it is worth asking for it when you travel – especially with carriers that do not have sophisticated digital systems.

Most often, the confirmation is issued directly from the conductor, at the carrier’s customer service centre, electronically by entering the train number and date on the carrier’s website, or automatically (e.g. with RegioJet or Leo Express), where the system records the delay and awards compensation without the need for a request.

The confirmation contains in particular the train number, the date and time of departure, the actual time of arrival, the delay indicated and a stamp or electronic confirmation from the system.

Why is it so important? It can settle a dispute – if the carrier claims the delay was less than you claim, the confirmation is clear evidence. We know from experience that some claims tend to be rejected precisely because passengers have not provided any proof. We therefore recommend that you always ask for confirmation, or take a picture of the information boards at the station or on the carrier’s app.

How to apply for compensation

While claiming compensation for train delays is administratively straightforward, it is worth following a few steps to avoid delays or rejection. The first step is to collect documents: the ticket, the train delay certificate and any other supporting documents. Without this, the carrier will not consider the request.

Each carrier has its own claim form. ČD requires the online form to be filled in or the procedure according to the SPPO. RegioJet and Leo Express have an automatic compensation system, but if compensation is not forthcoming, you can submit a request via your customer account or email. We recommend you apply in writing so you have proof of submission.

Important tips for a successful claim:

• Submit your claim as soon as possible – ideally within 30 days.
• Include evidence, preferably confirmation of the train delay.
• Provide an account number for the refund.
• Be sure to include all details (time, connection, fare, booking number).

What to do if the carrier refuses compensation or does not respond

Sometimes it happens that the carrier rejects a claim, typically citing faulty documentation, allegedly lower delays or incorrect form filling. If this happens, you do not have to accept the situation. The carrier has an obligation to make a decision objectively and in accordance with applicable law, in particular EU Regulation 2021/782. If the passenger has clear evidence, the carrier cannot refuse compensation without justification.

In this case, we recommend:

1. Submit an objection – briefly state why you disagree with the conclusion and provide additional evidence.
2. Contact the Rail Authority – it has the power to resolve some disputes between passengers and carriers.
3. Seek legal advice – especially if it involves higher sums or repeated refusals.
4. Document everything in writing – emails, carrier’s replies, confirmation of train delays.

The law is on the passengers’ side in this respect. If the carrier is dragging the process out unnecessarily, a pre-action notice or a petition for review can be pursued. Most disputes are resolved after legal notice.

Summary

If your train is delayed, you are entitled to assistance, re-routing, fare refund and financial compensation for the delay, regardless of the cause of the delay, under EU Regulation 2021/782; compensation is 25% of the fare for delays of 60-119 minutes and 50% for delays of more than 120 minutes. The rules are complemented by the Czech Railways Act and the Transport Regulations, and carriers such as České dráhy, RegioJet or Leo Express may offer more favourable conditions. For a successful claim, it is essential to obtain a train delay certificate, which serves as proof – it is issued by the conductor, the ticket office or the carrier’s online system. You submit your request via the form or the carrier’s customer account, providing your ticket, delay certificate and bank details; the carrier must make a decision within 1 month. If the claim is rejected or unresponsive, you can file an objection, contact the Rail Authority and, if necessary, seek legal advice.