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Rail travelers in Europe should lose their right to compensation in the event of storms, for example. This provides for a reform of EU passenger rights. EU parliamentarians speak of a step back for consumer protection.
In the event of black ice, severe storms or other extreme weather events leading to train delays or cancellations, European rail customers will need to be prepared in the future not to receive any compensation. The EU Parliament and the member states agreed on the corresponding reform of passenger rights. According to the Council of Member States, the undertaking contains a “force majeure” clause that exempts railway undertakings from their obligation to pay compensation “in special circumstances”.
That clause for “extreme weather conditions, major natural disasters or major public health crises”, such as a pandemic, was a request from the transport ministers. In particular, the Federal Minister of Transport, Andreas Scheuer, had spoken in favor of harmonizing compensation requirements for travel by train and air. Parliament was against it, but could not prevail in the negotiations. The EU states and the European Parliament have yet to approve the interim agreement, but this is a question of form.
Uniform rules for delays
In some areas, however, consumer rights must also be explicitly enforced, as the negotiators in Brussels explained. Consequently, the legal conditions for train travel in the EU are being reformed at various points. Rules for necessary train detours or proper connections would be strengthened, he said. This includes direct ticketing if a train provider is responsible for travel on the entire route even after the change. Here, the clear visualization of the entire trip should ensure that alternative connections can be offered in the event of long delays or that compensation can be paid if necessary.
In case of delays, the regulation now provides for a refund of 25 percent of the ticket price for a delay of one hour or more and 50 percent for two hours or more; this corresponds to the previous regulation of Deutsche Bahn.
Bicycles are generally allowed
According to the agreement, there are small improvements for the trips of people with disabilities and reduced mobility. Another novelty is the right to travel by bicycle in a generalized way. This should also reflect “the spirit of the Green Deal,” he said. The EU Commission’s climate and environmental package is aimed at helping to significantly reduce Europe’s CO2 emissions in the coming years.
Consumer advocates speak of a “missed opportunity”
The European consumer association Beuc is critical of the innovations. It is feared that the loss of compensation in the event of “force majeure” may also apply in situations where the respective railway undertaking is effectively joint and several, for example in the case of damage to the airline. “The introduction of this clause will also eliminate offers of assistance for stranded passengers,” say critics. When it comes to the obligation to issue via banknotes, possible “loopholes” for Member States should be considered. According to the association, the rule only applies if the railway suppliers concerned belong to the same parent company. Overall, the new specifications represent “a missed opportunity to boost rail traffic.”
EU parliamentarians were also disappointed. Green MEP Anna Deparnay-Grunenberg said that Parliament “has only been able to impose itself selectively with its progressive demands.” The force majeure clause, however, is a “clear step back” in consumer protection. “In my opinion, we have missed the opportunity to make train travel really more attractive,” said CSU Rep. Markus Ferber.
The EU Commission had already proposed in 2017 that railway companies – like airlines – do not have to pay compensation in cases where they cannot avoid responsible circumstances. The refund of the total price of the ticket must continue to belong to the rights of the passengers. Adina Valean, EU commissioner responsible for transport, said: “The new regulation creates better protection for European rail customers in case of delays, cancellations, missed connections or discrimination.”
