Your rights for these means of transportation.
As a rail passenger, you benefit from certain rights granted by European law, in particular for long-distance travel within the European Union (Regulation [EC] 1371/2007 of 23 October 2007). These rights will be slightly modified as of 7 June 2023 with the entry into force of Regulation (EU) 2021/782 of 29 April 2021.
Right to information and access to tickets
Before the trip, you must be informed about at least:
- The general conditions applicable to the contract
- The timetable and the conditions concerning the lowest fares and the fastest route
- The services available on board
- Accessibility for persons with reduced mobility
- Complaints and grievance procedures
During the trip, you must also be informed on:
- Main connections
- Delays and cancellations
- Services available on board
Railways must facilitate ticket sales via physical/ automatic ticket offices or widely available technology (internet, phone...). Disabled people should be allowed to buy their ticket on board without extra charge, but in some cases related to security or mandatory booking, on-board sales may still be refused or limited.
Delays and cancellations
In case of a delay of more than 60 minutes or in case of cancellation of a train that will involves arriving at the final destination more than 60 minutes late, you have the right to:
Cancel your trip and request a refund of the tickets for the portions of the trip not taken. You may even request a full refund for the portions already completed if the continuation of the trip is no longer in keeping with the original travel plan. If necessary, you can also request a return trip to your original departure point as soon as possible.
To continue your trip to your final destination as planned or by being re-routed as soon as possible or on the date of your choice.
You are also entitled to assistance that includes meals and refreshments to a reasonable extent given the waiting time. If you are required to stay overnight, the carrier must arrange for your accommodation and transportation to and from the incident site. As of 7 June 2023, the maximum duration of accommodation may be limited to 3 nights in exceptional circumstances.
If you decide to continue your trip and do not request a full refund of your ticket, you are entitled to a minimum lump sum compensation of:
- 25% of the ticket price, if the delay is between 60 minutes and 119 minutes
- 50% of the ticket price, if the delay is 120 minutes or more
When purchasing a round-trip ticket, the amount of compensation for an outbound or delayed trip will be calculated in relation to the individual fare if it is quoted. If the price of the individual ticket is not indicated, the compensation is calculated on the basis of half of the total price.
Please note: you cannot claim compensation if you were informed of the delay before purchasing the ticket or if the final delay is less than 60 minutes. The railway companies can also refuse to pay compensation in cases of less than 4 euros.
NB: To date, rail companies are obliged to pay compensation even in cases of exceptional circumstances (extreme weather conditions, natural disasters, major health crises). From 7 June 2023, this will however no longer be the case Compensation will no longer be due in instances of exceptional circumstances, in cases of fault of the passenger or fault of a third party, provided the railway company has exercised due diligence. This includes but is not limited to a person on the tracks, theft of cables, emergencies on board the train, etc.). Strikes within their services are not among the exceptions that allow railways to be exempted from issuing compensation.
The supervision of hand luggage and animals is the responsibility of passengers, but in cases of total or partial loss of checked luggage, compensation is provided:
- A maximum of € 80 per missing kg or € 1200 per baggage provided the amount of damage sustained by the loss is proven
- € 20 per missing kg or € 300 per piece of luggage if the amount of damage is not proven
In case of damage to checked baggage, you are entitled to compensation equivalent to the depreciation of the goods concerned. However, this compensation cannot be higher than what you would have been awarded in case of total loss of the baggage.
In the event of a delay in the delivery of checked baggage, you are entitled to compensation calculated for each 24-hour period of delay for a maximum of 14 days (after which the baggage is considered lost). If the damage sustained is proven, the maximum compensation is € 0.80 per kg or € 14 per baggage item. If the damage sustained is not proven, the maximum compensation is € 0.14 per kg or € 2.80 per baggage item.
Please note: The amounts indicated may vary over time, so do not hesitate to contact us if you wish to inquire into the updated amounts applicable under your rights.
Disabled persons and persons with reduced mobility
Access to stations and trains must be provided in a non-discriminatory manner to disabled persons and persons with reduced mobility. They are entitled to special assistance free of charge before and during the train journey. The railway company must be informed at least 48 hours in advance (24 hours as of 7 June 2023) as to permit it to take appropriate measures. In the absence of 48 hours advanced notice, the carrier must still endeavor to provide reasonable assistance to enable the disabled person to travel.
In the event of injury or death in the context of a train accident, damages are payable. The amount and form (capital or annuity) of damages are set by national law, but the maximum amount of damages set by the Regulation is €175 000.
The new rules applicable as of 7 June 2023
The current derogations and the new European Regulation allow Member States not to apply certain rules for urban, suburban and regional trains (journeys within the Greater Region for Luxembourg). These include the rules concerning the reimbursement or compensation of passengers in case of delay or cancellation of a train. For example, a train delay of 2 hours between Metz and Luxembourg does not allow you to claim compensation from SNCF or CFL.
As of 7 June 2023, railway companies will have new obligations, in particular concerning the access of bicycles on board trains, the sale of direct tickets and the respect of connections. Member States will equally no longer be able to grant derogations for non-discriminatory fares, the availability of tickets and reservations, the rights of passengers with reduced mobility and the mechanisms for handling complaints.
The railways must have a complaint handling service that allows passengers to make a complaint (preferably in writing with all supporting documents duly included). Once a complaint is made, the company must respond within one month. In addition, each Member State has a body in charge of monitoring the application of Regulation (EC) 1371/2007 and the amending Regulation (EU) 2021/782. In Luxembourg, this is the Ministry of Consumer Protection (email@example.com)
In case of doubt or difficulties in your train travels, you can contact the European Consumer Centre Luxembourg (www.cecluxembourg.lu):
By phone: +352 26 84 64 -1
By mail : firstname.lastname@example.org
Since 2013, the European Union Regulation on the rights of passengers travelling by coach (Regulation (EU) No 181/2011) governs the rights of bus and coach passengers.
The regulation is fully applicable if you travel with:
- a regular service (fixed timetable, fixed route, fixed stops) where the passenger's boarding or alighting takes place on the territory of a Member State
- and when the planned distance is greater than or equal to 250 km.
Cancellation, delay & overbooking
The term delay applies only in respect of departures and not to arrivals.
In case of delayed departure or cancellation of the journey, the carrier is obliged to inform the passengers as soon as possible and in any event no later than 30 minutes after the scheduled departure time. If passengers miss a connection due to cancellation or delay, the carrier must inform passengers of other available connections.
In case of cancellation or delay of more than 120 minutes or in case of overbooking, the passenger will be immediately offered the choice between:
- Continuation of the journey or re-routing to the final destination at no extra cost, under comparable conditions and in the shortest possible time.
- Refund of the ticket within 14 days and, if necessary, free return transportation to the original point of departure as soon as possible.
If the carrier does not offer the passenger the choice of continuing the trip or rerouting to the final destination, the passenger is entitled to compensation equivalent to 50% of the ticket price in addition to the ticket refund.
In addition, if the bus becomes unusable during the trip (i.e. breakdown), the carrier is obliged to offer the passenger to continue the trip in another vehicle (either from the point of breakdown or from a waiting point after having ensured the transportation of passengers between the point of breakdown and the waiting point).
In the event of cancellation or departure from a station delayed more than 90 minutes for a trip scheduled to exceed three hours, the carrier will provide the passenger free of charge:
- Snacks, meals, refreshments in reasonable quantities considering the delay in question;
- A hotel room (within the limit of 80 € / night and for a maximum of 2 nights) as well as assistance to ensure transportation between the site and the place of accommodation if a stay of one night or more is necessary.
In the event of an accident, the carrier must provide reasonable and proportionate assistance (first aid, accommodation, food, clothing, transportation, etc.).
The amount of compensation in case of death, bodily injury or damage to luggage is calculated in accordance with national law but is at least 220.000 € per passenger and 1200 € / luggage).
Persons with reduced mobility
Disabled persons or persons with reduced mobility are entitled to transportation at no extra cost.
However, ticketing or boarding may be denied in two cases:
- to comply with applicable safety requirements
- when the design of the vehicle or infrastructure does not permit for boarding, disembarking or transportation.
In these cases, it is possible to ask to be accompanied by a person of one's choice who is able to provide the necessary assistance. Thereafter the reasons for refusal of transport mentioned above are no longer valid.
The accompanying person must then be transported free of charge and must, to the extent possible, have a seat next to the disabled person or person with reduced mobility.
If you require assistance at bus stations and on the bus, you must notify the carrier, bus station operator, travel agent or tour operator at least 36 hours prior to the time of required assistance and you must arrive at least 30 minutes prior to departure (unless otherwise agreed upon with the carrier).
Carriers are liable for loss or damage to wheelchairs, mobility equipment or assistive devices. In this case, the amount of compensation constitutes the cost of replacing or repairing the equipment.
Filing a complaint
In principle, you should always file your complaint with the carrier who performed or should have performed the transportation service. Indicate the subject of your complaint, your contact details and attach your ticket or reservation number as well as all supporting documents.
Please note: your complaint must be filed within 3 months. Often, bus companies offer the possibility to fill in a complaint form directly on their website or at the ticket office.
The ECC Luxembourg is an economic grouping created by the Luxembourg State and the Union Luxembourgeoise des Consommateurs. It is supported and co-financed by the European Commission.
Help from ECC Luxembourg
If you encounter difficulties with a bus company based in another EU Member State, please contact us.
Regulation (EU) No. 1177/2010 applies to travel in or from the European Union, or to the EU if the carrier is established in the territory of an EU Member State.
Exclusions: this regulation does not apply to boats with less than 12 passengers, less than 3 crew members, boats indicative of non-mechanical propulsion, in cases wherein the distance is less than 500 meters, or for excursions or sightseeing tours.
In case of cancellation or delay of more than 90 minutes at departure, the passenger can choose between a refund or re-routing, meals, drinks and accommodation (for a maximum of three nights, not exceeding 80 € per night), as well as compensation of 25% to 50% of the ticket price.
The regulation naturally provides for non-discriminatory treatment and specific free assistance for disabled persons and persons with reduced mobility at the embarking locations and on board the vessel and, where appropriate, free transport for their companions.
Finally, concerning the handling of complaints, the regulation provides for a complaints handling procedure established by the carriers, as well as the existence in each Member State of an independent national body (NEB - National Enforcement Body) in charge of enforcing the Regulation and imposing sanctions if necessary (Regulation [EU] No. 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway).
In Luxembourg, is the Ministry of Consumer Protection (email@example.com).