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Delayed Trains Have Same European Compensation Rules as Planes- 01/06/2011
With another volcanic dust cloud threatening to disrupt European air travel, following last year’s delays more people may be tempted to switch to the train to guarantee their summer holidays, so it is comforting to know that they are entitled to similar levels of compensation for any delays, advises a leading Shropshire law firm.
Kimberly Angus, a solicitor in the Litigation Department of Shropshire law firm FBC Manby Bowdler LLP, says legislation also covers passengers travelling to Europe by train, but this is not well known or publicised.
European legislation entitles passengers travelling from the UK to a destination in an EU member country, Norway or Switzerland, to refunds in cash if part or all of the journey is delayed, and the right to meals and refreshments within reasonable limits, accommodation where a stay of one or more nights becomes necessary and transport to the departure or arrival point if the train is blocked on the track.
“A number of European train companies and Eurostar are not clear on their website about the payments over and above refunds for delays. For example you have to look closely at Eurostar’s terms and conditions to find out that they will pay for accommodation if necessary.
“Their compensation policy also says that it does not apply to delays due to bad weather, circumstances beyond Eurostar's control or industrial action by employees, and they will only offer vouchers for a new journey or part of a journey unless you insist on a cash refund. The list of exemptions as to what circumstances are beyond Eurostar’s control are also long,” explains Miss Angus.
“As a result of the Icelandic ash cloud and subsequent travel disruption last year, airlines’ obligation to offer meals, refreshments and accommodation as appropriate while passengers wait for a rearranged journey is well known. Eurostar and other European railway operators have the same obligations, but the travelling public know little about this,” says Miss Angus.
“As with all compensation claims, keep all tickets, documentation and evidence of delays and costs incurred and submit them within two months of the delayed journey. Once a complaint has been submitted, and compensation requested, if you are not satisfied with the reply, you should contact the UK National Enforcement Body, the Office of Rail Regulation (http://www.rail-reg.gov.uk/).
“Unfortunately such levels of compensation for train travellers are only available on European journeys, as in 2009 the UK government gave the UK train operating companies a five year exemption from the European legislation.”
With offices in Shrewsbury, Telford and Bridgnorth, FBC Manby Bowdler is one of the largest law firms in Shropshire.