Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
Date: 2007-10-23
Institutions: Council of the European Union, European Parliament
Subjects: carriage of passengers, consumer information, facilities for people with disabilities, rail transport, railway industry

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REGULATION (EC) No 1371/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 October 2007

on rail passengers’ rights and obligations

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

2001/16/EC of the European Parliament and of the Coun-
cil of 19 March 2001 on the interoperability of the con-
ventional rail system (5).

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251
of the Treaty, in the light of the joint text approved by the Con-
ciliation Committee on 31 July 2007 (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

In the framework of the common transport policy, it is
important to safeguard users’ rights for rail passengers and
to improve the quality and effectiveness of rail passenger
services in order to help increase the share of rail transport
in relation to other modes of transport.

The Commission’s communication ‘Consumer Policy Strat-
egy 2002-2006’ (4) sets the aim of achieving a high level of
consumer protection in the field of transport in accordance
with Article 153(2) of the Treaty.

Since the rail passenger is the weaker party to the trans-
port contract, passengers’ rights in this respect should be
safeguarded.

Users’ rights to rail services include the receipt of informa-
tion regarding the service both before and during the jour-
ney. Whenever possible, railway undertakings and ticket
vendors should provide this information in advance and as
soon as possible.

More detailed requirements regarding the provision of
travel information will be set out in the technical specifi-
cations for interoperability (TSIs) referred to in Directive

(1) OJ C 221, 8.9.2005, p. 8.
(2) OJ C 71, 22.3.2005, p. 26.
(3) Opinion of

the European Parliament of 28 September 2005
(OJ C 227 E, 21.9.2006, p. 490), Council Common Position of 24 July
2006 (OJ C 289 E, 28.11.2006, p. 1), Position of the European Par-
liament of 18 January 2007 (not yet published in the Official Journal),
Legislative Resolution of the European Parliament of 25 September
2007 and Council Decision of 26 September 2007.

(4) OJ C 137, 8.6.2002, p. 2.

(6)

(7)

(8)

(9)

(10)

Strengthening of the rights of rail passengers should build
on the existing system of international law on this subject
contained in Appendix A — Uniform rules concerning the
Contract for International Carriage of Passengers and Lug-
gage by Rail (CIV) to the Convention concerning Interna-
tional Carriage by Rail (COTIF) of 9 May 1980, as modified
by the Protocol for the modification of the Convention
concerning International Carriage by Rail of 3 June 1999
(1999 Protocol). However, it is desirable to extend the
scope of this Regulation and protect not only international
passengers but domestic passengers too.

Railway undertakings should cooperate to facilitate the
transfer of rail passengers from one operator to another by
the provision of through tickets, whenever possible.

The provision of information and tickets for rail passen-
gers should be facilitated by the adaptation of computer-
ised systems to a common specification.

The further implementation of travel information and res-
ervation systems should be executed in accordance with
the TSIs.

Rail passenger services should benefit citizens in general.
Consequently, disabled persons and persons with reduced
mobility, whether caused by disability, age or any other
factor, should have opportunities for rail travel comparable
to those of other citizens. Disabled persons and persons
with reduced mobility have the same right as all other citi-
zens to free movement, freedom of choice and to non-
discrimination. Inter alia, special attention should be given
to the provision of information to disabled persons and
persons with reduced mobility concerning the accessibil-
ity of rail services, access conditions of rolling stock and
the facilities on board. In order to provide passengers with
sensory impairment with the best information on delays,
visual and audible systems should be used, as appropriate.
Disabled persons and persons with reduced mobility
should be enabled to buy tickets on board a train without
extra charges.

(5) OJ L 110, 20.4.2001, p. 1. Directive as last amended by Commission

Directive 2007/32/EC (OJ L 141, 2.6.2007, p. 63).

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Railway undertakings and station managers should take
into account the needs of disabled persons and persons
with reduced mobility, through compliance with the TSI
for persons with reduced mobility, so as to ensure that, in
accordance with Community public procurement rules, all
buildings and rolling stock are made accessible through the
progressive elimination of physical obstacles and func-
tional hindrances when acquiring new material or carry-
ing out construction or major renovation work.

(20)

(21)

(11)

(12)

(13)

(14)

Railway undertakings should be obliged to be insured, or
to make equivalent arrangements, for their liability to rail
passengers in the event of accident. The minimum amount
of insurance for railway undertakings should be the sub-
ject of future review.

Strengthened rights of compensation and assistance in the
event of delay, missed connection or cancellation of a ser-
vice should lead to greater incentives for the rail passenger
market, to the benefit of passengers.

It is desirable that this Regulation create a system of com-
pensation for passengers in the case of delay which is
linked to the liability of the railway undertaking, on the
same basis as the international system provided by the
COTIF and in particular appendix CIV thereto relating to
passengers’ rights.

(15) Where a Member State grants railway undertakings an
exemption from the provisions of this Regulation, it should
encourage railway undertakings,
in consultation with
organisations representing passengers, to put in place
arrangements for compensation and assistance in the event
of major disruption to a rail passenger service.

(16)

It is also desirable to relieve accident victims and their
dependants of short-term financial concerns in the period
immediately after an accident.

(17)

(18)

It is in the interests of rail passengers that adequate mea-
sures be taken, in agreement with public authorities, to
ensure their personal security at stations as well as on
board trains.

Rail passengers should be able to submit a complaint to
any railway undertaking involved regarding the rights and
obligations conferred by this Regulation, and be entitled to
receive a response within a reasonable period of time.

The contents of this Regulation should be reviewed in
respect of the adjustment of financial amounts for inflation
and in respect of information and service quality require-
ments in the light of market developments as well as in the
light of the effects on service quality of this Regulation.

This Regulation should be without prejudice to Directive
95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free
movement of such data (1).

(22) Member States should lay down penalties applicable to
infringements of this Regulation and ensure that these pen-
alties are applied. The penalties, which might include the
payment of compensation to the person in question,
should be effective, proportionate and dissuasive.

(23)

(24)

(25)

Since the objectives of this Regulation, namely the devel-
opment of the Community’s railways and the introduction
of passenger rights, cannot be sufficiently achieved by the
Member States, and can therefore be better achieved at
Community level, the Community may adopt measures, in
accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
those objectives.

It is an aim of this Regulation to improve rail passenger
services within the Community. Therefore, Member States
should be able to grant exemptions for services in regions
where a significant part of the service is operated outside
the Community.

Railway undertakings in some Member States may experi-
ence difficulty in applying the entirety of the provisions of
this Regulation on its entry into force. Therefore, Member
States should be able to grant temporary exemptions from
the application of the provisions of this Regulation to
long-distance domestic rail passenger services. The tempo-
rary exemption should, however, not apply to the provi-
sions of this Regulation that grant disabled persons or
persons with reduced mobility access to travel by rail, nor
to the right of those wishing to purchase tickets for travel
by rail to do so without undue difficulty, nor to the provi-
sions on railway undertakings’ liability in respect of pas-
sengers
that
undertakings be adequately insured, and the requirement
that those undertakings take adequate measures to ensure
passengers’ personal security in railway stations and on
trains and to manage risk.

requirement

and their

luggage,

the

(19)

Railway undertakings should define, manage and monitor
service quality standards for rail passenger services.

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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(26) Urban, suburban and regional rail passenger services are
different in character from long-distance services. There-
fore, with the exception of certain provisions which should
apply to all rail passenger services throughout the Commu-
nity, Member States should be able to grant exemptions
from the application of the provisions of this Regulation to
urban, suburban and regional rail passenger services.

(27)

(28)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (1).

In particular, the Commission should be empowered to
adopt implementing measures. Since those measures are of
general scope and are designed to amend non-essential ele-
ments of this Regulation, or to supplement it with new
non-essential elements, they must be adopted in accor-
dance with the regulatory procedure with scrutiny pro-
vided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes rules as regards the following:

(a)

the information to be provided by railway undertakings, the
conclusion of transport contracts, the issuing of tickets and
the implementation of a Computerised Information and Res-
ervation System for Rail Transport,

(b)

the liability of railway undertakings and their insurance obli-
gations for passengers and their luggage,

(c)

the obligations of railway undertakings to passengers in cases
of delay,

(d)

the protection of, and assistance to, disabled persons and per-
sons with reduced mobility travelling by rail,

(e)

the definition and monitoring of service quality standards,
the management of risks to the personal security of passen-
gers and the handling of complaints, and

(f)

general rules on enforcement.

Article 2

Scope

This Regulation shall apply to all rail journeys and services
1.
throughout the Community provided by one or more railway
undertakings licensed in accordance with Council Directive
95/18/EC of 19 June 1995 on the licensing of
railway
undertakings (2).

This Regulation does not apply to railway undertakings and
licensed under Directive

2.
transport services which are not
95/18/EC.

3.
On the entry into force of this Regulation, Articles 9, 11,
12, 19, 20(1) and 26 shall apply to all rail passenger services
throughout the Community.

4. With the exception of the provisions set out in paragraph 3,
a Member State may, on a transparent and non-discriminatory
basis, grant an exemption for a period no longer than five years,
which may be renewed twice for a maximum period of five years
on each occasion, from the application of the provisions of this
Regulation to domestic rail passenger services.

5. With the exception of the provisions set out in paragraph 3
of this Article, a Member State may exempt from the application
of the provisions of this Regulation urban, suburban and regional
rail passenger services. In order to distinguish between urban,
suburban and regional rail passenger services, Member States shall
apply the definitions contained in Council Directive 91/440/EEC
of 29 July 1991 on the development of the Community’s rail-
ways (3). In applying these definitions, Member States shall take
into account the following criteria: distance, frequency of services,
number of scheduled stops, rolling stock employed, ticketing
schemes, fluctuations in passenger numbers between services in
peak and off-peak periods, train codes and timetables.

6.
For a maximum period of five years, a Member State may,
on a transparent and non-discriminatory basis, grant an exemp-
tion, which may be renewed, from the application of the provi-
sions of this Regulation to particular services or journeys because
a significant part of the rail passenger service, including at least
one scheduled station stop, is operated outside the Community.

7. Member States shall inform the Commission of exemptions
granted pursuant to paragraphs 4, 5 and 6. The Commission shall
take appropriate action if such an exemption is deemed not to be
in accordance with the provisions of this Article. No later than
3 December 2014, the Commission shall submit to the European
Parliament and the Council a report on exemptions granted pur-
suant to paragraphs 4, 5 and 6.

(2) OJ L 143, 27.6.1995, p. 70. Directive as last amended by Directive
2004/49/EC of the European Parliament and of the Council (OJ L 164,
30.4.2004, p. 44).

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

(3) OJ L 237, 24.8.1991, p. 25. Directive as last amended by Directive

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

2006/103/EC (OJ L 363, 20.12.2006, p. 344).

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Article 3

Definitions

10.

‘through ticket’ means a ticket or tickets representing a trans-
port contract for successive railway services operated by one
or several railway undertakings;

For the purposes of this Regulation the following definitions shall
apply:

‘railway undertaking’ means a railway undertaking as defined
in Article 2 of Directive 2001/14/EC (1), and any other pub-
lic or private undertaking the activity of which is to provide
transport of goods and/or passengers by rail on the basis that
the undertaking must ensure traction; this also includes
undertakings which provide traction only;

11.

‘domestic rail passenger service’ means a rail passenger ser-
vice which does not cross a border of a Member State;

12.

‘delay’ means the time difference between the time the pas-
senger was scheduled to arrive in accordance with the pub-
lished timetable and the time of his or her actual or expected
arrival;

‘carrier’ means the contractual railway undertaking with
whom the passenger has concluded the transport contract or
a series of successive railway undertakings which are liable on
the basis of this contract;

13.

‘travel pass’ or ‘season ticket’ means a ticket for an unlimited
number of journeys which provides the authorised holder
with rail travel on a particular route or network during a
specified period;

‘substitute carrier’ means a railway undertaking, which has
not concluded a transport contract with the passenger, but to
whom the railway undertaking party to the contract has
entrusted, in whole or in part, the performance of the trans-
port by rail;

‘infrastructure manager’ means any body or undertaking that
is responsible in particular for establishing and maintaining
railway infrastructure, or a part thereof, as defined in Article 3
of Directive 91/440/EEC, which may also include the man-
agement of infrastructure control and safety systems; the
functions of the infrastructure manager on a network or part
of a network may be allocated to different bodies or
undertakings;

‘station manager’ means an organisational entity in a Mem-
ber State, which has been made responsible for the manage-
ment of a railway station and which may be the infrastructure
manager;

‘tour operator’ means an organiser or retailer, other than a
railway undertaking, within the meaning of Article 2,
points (2) and (3) of Directive 90/314/EEC (2);

‘ticket vendor’ means any retailer of rail transport services
concluding transport contracts and selling tickets on behalf
of a railway undertaking or for its own account;

‘transport contract’ means a contract of carriage for reward
or free of charge between a railway undertaking or a ticket
vendor and the passenger for the provision of one or more
transport services;

‘reservation’ means an authorisation, on paper or in elec-
tronic form, giving entitlement to transportation subject to
previously confirmed personalised transport arrangements;

(1) Directive 2001/14/EC of the European Parliament and of the Council
of 26 February 2001 on the allocation of railway infrastructure capac-
ity and the levying of charges for the use of railway infrastructure
(OJ L 75, 15.3.2001, p. 29). Directive as last amended by Directive
2004/49/EC.

(2) Council Directive 90/314/EEC of 13 June 1990 on package travel,
package holidays and package tours (OJ L 158, 23.6.1990, p. 59).

14.

‘Computerised Information and Reservation System for Rail
Transport (CIRSRT)’ means a computerised system contain-
ing information about rail services offered by railway under-
takings; the information stored in the CIRSRT on passenger
services shall include information on:

(a)

schedules and timetables of passenger services;

(b) availability of seats on passenger services;

(c)

fares and special conditions;

(d) accessibility of trains for disabled persons and persons

with reduced mobility;

(e)

facilities through which reservations may be made or
tickets or through tickets may be issued to the extent
that some or all of these facilities are made available to
users;

15.

‘disabled person’ or ‘person with reduced mobility’ means any
person whose mobility when using transport is reduced due
to any physical disability (sensory or locomotory, permanent
or temporary), intellectual disability or impairment, or any
other cause of disability, or as a result of age, and whose situ-
ation needs appropriate attention and adaptation to his or
her particular needs of the service made available to all
passengers;

16.

‘General Conditions of Carriage’ means the conditions of the
carrier in the form of general conditions or tariffs legally in
force in each Member State and which have become, by the
conclusion of the contract of carriage, an integral part of it;

17.

‘vehicle’ means a motor vehicle or a trailer carried on the
occasion of the carriage of passengers.

1.

2.

3.

4.

5.

6.

7.

8.

9.

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CHAPTER II

TRANSPORT CONTRACT, INFORMATION AND TICKETS

The information referred to in paragraphs 1 and 2 shall be
3.
provided in the most appropriate format. Particular attention shall
be paid in this regard to the needs of people with auditory and/or
visual impairment.

Article 4

Transport contract

Subject to the provisions of this Chapter, the conclusion and per-
formance of a transport contract and the provision of informa-
tion and tickets shall be governed by the provisions of Title II and
Title III of Annex I.

Article 5

Bicycles

Article 9

Availability of tickets, through tickets and reservations

Railway undertakings and ticket vendors shall offer, where

1.
available, tickets, through tickets and reservations.

2. Without prejudice to paragraph 4, railway undertakings
shall distribute tickets to passengers via at least one of the follow-
ing points of sale:

Railway undertakings shall enable passengers to bring bicycles on
to the train, where appropriate for a fee, if they are easy to handle,
if this does not adversely affect the specific rail service, and if the
rolling-stock so permits.

(a)

ticket offices or selling machines;

(b)

telephone, the Internet or any other widely available infor-
mation technology;

Article 6

(c) on board trains.

Exclusion of waiver and stipulation of limits

1.
Obligations towards passengers pursuant to this Regulation
may not be limited or waived, notably by a derogation or restric-
tive clause in the transport contract.

3. Without prejudice to paragraphs 4 and 5, railway undertak-
ings shall distribute tickets for services provided under public ser-
vice contracts via at least one of the following points of sale:

2.
Railway undertakings may offer contract conditions more
favourable for the passenger than the conditions laid down in this
Regulation.

(b) on board trains.

(a)

ticket offices or selling machines;

Article 7

Obligation to provide information concerning
discontinuation of services

Railway undertakings or, where appropriate, competent authori-
ties responsible for a public service railway contract shall make
public by appropriate means, and before their implementation,
decisions to discontinue services.

Article 8

Travel information

1. Without prejudice to Article 10, railway undertakings and
ticket vendors offering transport contracts on behalf of one or
more railway undertakings shall provide the passenger, upon
request, with at least the information set out in Annex II, Part I in
relation to the journeys for which a transport contract is offered
by the railway undertaking concerned. Ticket vendors offering
transport contracts on their own account, and tour operators,
shall provide this information where available.

Railway undertakings shall provide the passenger during the
2.
journey with at least the information set out in Annex II, Part II.

4.
Railway undertakings shall offer the possibility to obtain
tickets for the respective service on board the train, unless this is
limited or denied on grounds relating to security or antifraud
policy or compulsory train reservation or reasonable commercial
grounds.

5. Where there is no ticket office or selling machine in the sta-
tion of departure, passengers shall be informed at the station:

(a) of the possibility of purchasing tickets via telephone or the
Internet or on board the train, and of the procedure for such
purchase;

(b) of the nearest railway station or place at which ticket offices

and/or selling machines are available.

Article 10

Travel information and reservation systems

1.
In order to provide the information and to issue tickets
referred to in this Regulation, railway undertakings and ticket ven-
dors shall make use of CIRSRT, to be established by the proce-
dures referred to in this Article.

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The technical specifications for interoperability (TSIs)
2.
referred to in Directive 2001/16/EC shall be applied for the pur-
poses of this Regulation.

2. Without prejudice to paragraph 1, an advance payment
shall not be less than EUR 21 000 per passenger in the event of
death.

The Commission shall, on a proposal to be submitted by the
3.
European Railway Agency (ERA), adopt the TSI of telematics
applications for passengers by 3 December 2010. The TSI shall
make possible the provision of the information, set out in
Annex II, and the issuing of tickets as governed by this Regulation.

4.
Railway undertakings shall adapt their CIRSRT according to
the requirements set out in the TSI in accordance with a deploy-
ment plan set out in that TSI.

5.
Subject to the provisions of Directive 95/46/EC, no railway
undertaking or ticket vendor shall disclose personal information
on individual bookings to other railway undertakings and/or
ticket vendors.

An advance payment shall not constitute recognition of
3.
liability and may be offset against any subsequent sums paid on
the basis of this Regulation but is not returnable, except in the
cases where damage was caused by the negligence or fault of the
passenger or where the person who received the advance pay-
ment was not the person entitled to compensation.

Article 14

Contestation of liability

Even if the railway undertaking contests its responsibility for
physical injury to a passenger whom it conveys, it shall make
every reasonable effort to assist a passenger claiming compensa-
tion for damage from third parties.

CHAPTER III

LIABILITY OF RAILWAY UNDERTAKINGS FOR PASSENGERS
AND THEIR LUGGAGE

CHAPTER IV

DELAYS, MISSED CONNECTIONS AND CANCELLATIONS

Article 11

Liability for passengers and luggage

Subject to the provisions of this Chapter, and without prejudice
to applicable national law granting passengers further compensa-
tion for damages, the liability of railway undertakings in respect
of passengers and their luggage shall be governed by Chapters I,
III and IV of Title IV, Title VI and Title VII of Annex I.

Article 15

Liability for delays, missed connections and cancellations

Subject to the provisions of this Chapter, the liability of railway
undertakings in respect of delays, missed connections and cancel-
lations shall be governed by Chapter II of Title IV of Annex I.

Article 12

Insurance

Article 16

Reimbursement and re-routing

1.
The obligation set out in Article 9 of Directive 95/18/EC as
far as it relates to liability for passengers shall be understood as
requiring a railway undertaking to be adequately insured or to
make equivalent arrangements for cover of its liabilities under this
Regulation.

Where it is reasonably to be expected that the delay in the arrival
at the final destination under the transport contract will be more
than 60 minutes, the passenger shall immediately have the choice
between:

2.
The Commission shall submit to the European Parliament
and the Council a report on the setting of a minimum amount of
insurance for railway undertakings by 3 December 2010. If
appropriate, that report shall be accompanied by suitable propos-
als or recommendations on this matter.

Article 13

Advance payments

1.
If a passenger is killed or injured, the railway undertaking as
referred to in Article 26(5) of Annex I shall without delay, and in
any event not later than fifteen days after the establishment of the
identity of the natural person entitled to compensation, make
such advance payments as may be required to meet immediate
economic needs on a basis proportional to the damage suffered.

(a)

reimbursement of the full cost of the ticket, under the con-
ditions by which it was paid, for the part or parts of his or
her journey not made and for the part or parts already made
if the journey is no longer serving any purpose in relation to
the passenger’s original travel plan, together with, when rel-
evant, a return service to the first point of departure at the
earliest opportunity. The payment of the reimbursement
shall be made under the same conditions as the payment for
compensation referred to in Article 17; or

(b) continuation or re-routing, under comparable transport con-
ditions, to the final destination at the earliest opportunity; or

(c)

continuation or re-routing, under comparable transport con-
ditions, to the final destination at a later date at the passen-
ger’s convenience.

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Article 17

Compensation of the ticket price

Article 18

Assistance

1. Without losing the right of transport, a passenger may
request compensation for delays from the railway undertaking if
he or she is facing a delay between the places of departure and
destination stated on the ticket for which the ticket has not been
reimbursed in accordance with Article 16. The minimum com-
pensations for delays shall be as follows:

(a) 25 % of the ticket price for a delay of 60 to 119 minutes,

(b) 50 % of the ticket price for a delay of 120 minutes or more.

In the case of a delay in arrival or departure, passengers shall
1.
be kept informed of the situation and of the estimated departure
time and estimated arrival time by the railway undertaking or by
the station manager as soon as such information is available.

2.
In the case of any delay as referred to in paragraph 1 of
more than 60 minutes, passengers shall also be offered free of
charge:

(a) meals and refreshments in reasonable relation to the waiting
time, if they are available on the train or in the station, or can
reasonably be supplied;

Passengers who hold a travel pass or season ticket and who
encounter recurrent delays or cancellations during its period of
validity may request adequate compensation in accordance with
the railway undertaking’s compensation arrangements. These
arrangements shall state the criteria for determining delay and for
the calculation of the compensation.

(b) hotel or other accommodation, and transport between the
railway station and place of accommodation, in cases where
a stay of one or more nights becomes necessary or an addi-
tional stay becomes necessary, where and when physically
possible;

Compensation for delay shall be calculated in relation to the price
which the passenger actually paid for the delayed service.

Where the transport contract is for a return journey, compensa-
tion for delay on either the outward or the return leg shall be cal-
culated in relation to half of the price paid for the ticket. In the
same way the price for a delayed service under any other form of
transport contract allowing travelling several subsequent legs shall
be calculated in proportion to the full price.

The calculation of the period of delay shall not take into account
any delay that the railway undertaking can demonstrate as hav-
ing occurred outside the territories in which the Treaty establish-
ing the European Community is applied.

2.
The compensation of the ticket price shall be paid within
one month after the submission of the request for compensation.
The compensation may be paid in vouchers and/or other services
if the terms are flexible (in particular regarding the validity period
and destination). The compensation shall be paid in money at the
request of the passenger.

The compensation of the ticket price shall not be reduced
3.
by financial transaction costs such as fees, telephone costs or
stamps. Railway undertakings may introduce a minimum thresh-
old under which payments for compensation will not be paid.
This threshold shall not exceed EUR 4.

(c)

if the train is blocked on the track, transport from the train
to the railway station, to the alternative departure point or to
the final destination of the service, where and when physi-
cally possible.

If the railway service cannot be continued anymore, railway
3.
undertakings shall organise as soon as possible alternative trans-
port services for passengers.

4.
Railway undertakings shall, at the request of the passenger,
certify on the ticket that the rail service has suffered a delay, led
to a missed connection or that it has been cancelled, as the case
might be.

5.
In applying paragraphs 1, 2 and 3, the operating railway
undertaking shall pay particular attention to the needs of disabled
persons and persons with reduced mobility and any accompany-
ing persons.

CHAPTER V

DISABLED PERSONS AND PERSONS WITH REDUCED
MOBILITY

Article 19

Right to transport

4.
The passenger shall not have any right to compensation if
he is informed of a delay before he buys a ticket, or if a delay due
to continuation on a different service or re-routing remains below
60 minutes.

1.
Railway undertakings and station managers shall, with the
active involvement of representative organisations of disabled
persons and persons with reduced mobility, establish, or shall
have in place, non-discriminatory access rules for the transport of
disabled persons and persons with reduced mobility.

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Reservations and tickets shall be offered to disabled persons
2.
and persons with reduced mobility at no additional cost. A rail-
way undertaking, ticket vendor or tour operator may not refuse
to accept a reservation from, or issue a ticket to, a disabled per-
son or a person with reduced mobility, or require that such per-
son be accompanied by another person, unless this is strictly
necessary in order to comply with the access rules referred to in
paragraph 1.

Article 20

Information to disabled persons and persons
with reduced mobility

1.
Upon request, a railway undertaking, a ticket vendor or a
tour operator shall provide disabled persons and persons with
reduced mobility with information on the accessibility of rail ser-
vices and on the access conditions of rolling stock in accordance
with the access rules referred to in Article 19(1) and shall inform
disabled persons and persons with reduced mobility about facili-
ties on board.

2. Member States may provide for a derogation from para-
graph 1 in the case of persons travelling on services which are the
subject of a public service contract awarded in conformity with
Community law, on condition that the competent authority has
put in place alternative facilities or arrangements guaranteeing an
equivalent or higher level of accessibility of transport services.

3.
In unstaffed stations, railway undertakings and station man-
agers shall ensure that easily accessible information is displayed in
accordance with the access rules referred to in Article 19(1)
regarding the nearest staffed stations and directly available assis-
tance for disabled persons and persons with reduced mobility.

Article 23

Assistance on board

Without prejudice to the access
referred to in
Article 19(1), railway undertakings shall provide disabled persons
and persons with reduced mobility assistance free of charge on
board a train and during boarding and disembarking from a train.

rules as

2. When a railway undertaking, ticket vendor and/or tour
operator exercises the derogation provided for in Article 19(2), it
shall upon request inform in writing the disabled person or per-
son with reduced mobility concerned of its reasons for doing so
within five working days of the refusal to make the reservation or
to issue the ticket or the imposition of the condition of being
accompanied.

For the purposes of this Article, assistance on board shall consist
of all reasonable efforts to offer assistance to a disabled person or
a person with reduced mobility in order to allow that person to
have access to the same services in the train as other passengers,
should the extent of the person’s disability or reduced mobility
not allow him or her to have access to those services indepen-
dently and in safety.

Article 21

Accessibility

Article 24

Conditions on which assistance is provided

1.
Railway undertakings and station managers shall, through
compliance with the TSI for persons with reduced mobility,
ensure that the station, platforms, rolling stock and other facili-
ties are accessible to disabled persons and persons with reduced
mobility.

Railway undertakings, station managers, ticket vendors and tour
operators shall cooperate in order to provide assistance to dis-
abled persons and persons with reduced mobility in line with
Articles 22 and 23 in accordance with the following points:

2.
In the absence of accompanying staff on board a train or of
staff at a station, railway undertakings and station managers shall
make all reasonable efforts to enable disabled persons or persons
with reduced mobility to have access to travel by rail.

Article 22

Assistance at railway stations

On departure from, transit through or arrival at, a staffed
1.
railway station of a disabled person or a person with reduced
mobility, the station manager shall provide assistance free of
charge in such a way that that person is able to board the depart-
ing service, or to disembark from the arriving service for which
he or she purchased a ticket, without prejudice to the access rules
referred to in Article 19(1).

(a) assistance shall be provided on condition that the railway
undertaking, the station manager, the ticket vendor or the
tour operator with which the ticket was purchased is noti-
fied of the person’s need for such assistance at least 48 hours
before the assistance is needed. Where the ticket permits mul-
tiple journeys, one notification shall be sufficient provided
that adequate information on the timing of subsequent jour-
neys is provided;

(b)

railway undertakings, station managers, ticket vendors and
tour operators shall take all measures necessary for the recep-
tion of notifications;

(c)

if no notification is made in accordance with point (a), the
railway undertaking and the station manager shall make all
reasonable efforts to provide assistance in such a way that the
disabled person or person with reduced mobility may travel;

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(d) without prejudice to the powers of other entities regarding
areas located outside the railway station premises, the station
manager or any other authorised person shall designate
points, within and outside the railway station, at which dis-
abled persons and persons with reduced mobility can
announce their arrival at the railway station and, if need be,
request assistance;

Passengers may submit a complaint to any railway under-
2.
taking involved. Within one month, the addressee of the com-
plaint shall either give a reasoned reply or, in justified cases,
inform the passenger by what date within a period of less than
three months from the date of the complaint a reply can be
expected.

(e) assistance shall be provided on condition that the disabled
person or person with reduced mobility present him or her-
self at the designated point at a time stipulated by the rail-
way undertaking or
station manager providing such
assistance. Any time stipulated shall not be more than
60 minutes before the published departure time or the time
at which all passengers are asked to check in. If no time is
stipulated by which the disabled person or person with
reduced mobility is required to present him or herself, the
person shall present him or herself at the designated point at
least 30 minutes before the published departure time or the
time at which all passengers are asked to check in.

Article 25

Compensation in respect of mobility equipment
or other specific equipment

If the railway undertaking is liable for the total or partial loss of,
or damage to, mobility equipment or other specific equipment
used by disabled persons or persons with reduced mobility, no
financial limit shall be applicable.

3.
The railway undertaking shall publish in the annual report
referred to in Article 28 the number and categories of received
complaints, processed complaints, response time and possible
improvement actions undertaken.

Article 28

Service quality standards

Railway undertakings shall define service quality standards
1.
and implement a quality management system to maintain service
quality. The service quality standards shall at least cover the items
listed in Annex III.

2.
Railway undertakings shall monitor their own performance
as reflected in the service quality standards. Railway undertakings
shall each year publish a report on their service quality perfor-
mance together with their annual report. The reports on service
quality performance shall be published on the Internet website of
the railway undertakings. In addition, these reports shall be made
available on the Internet website of the ERA.

CHAPTER VII

INFORMATION AND ENFORCEMENT

CHAPTER VI

SECURITY, COMPLAINTS AND QUALITY OF SERVICE

Article 29

Article 26

Personal security of passengers

In agreement with public authorities, railway undertakings, infra-
structure managers and station managers shall take adequate mea-
sures in their respective fields of responsibility and adapt them to
the level of security defined by the public authorities to ensure
passengers’ personal security in railway stations and on trains and
to manage risks. They shall cooperate and exchange information
on best practices concerning the prevention of acts, which are
likely to deteriorate the level of security.

Information to passengers about their rights

1. When selling tickets for journeys by rail, railway undertak-
ings, station managers and tour operators shall inform passengers
of their rights and obligations under this Regulation. In order to
comply with this information requirement, railway undertakings,
station managers and tour operators may use a summary of the
provisions of this Regulation prepared by the Commission in all
official languages of the European Union institutions and made
available to them.

2.
Railway undertakings and station managers shall inform
passengers in an appropriate manner, at the station and on the
train, of the contact details of the body or bodies designated by
Member States pursuant to Article 30.

Article 27

Complaints

Article 30

Enforcement

1.
Railway undertakings shall set up a complaint handling
mechanism for the rights and obligations covered in this Regula-
tion. The railway undertaking shall make its contact details and
working language(s) widely known to passengers.

1.
Each Member State shall designate a body or bodies respon-
sible for the enforcement of this Regulation. Each body shall take
the measures necessary to ensure that the rights of passengers are
respected.

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Each body shall be independent in its organisation, funding deci-
sions, legal structure and decision-making of any infrastructure
manager, charging body, allocation body or railway undertaking.

Member States shall inform the Commission of the body or bod-
ies designated in accordance with this paragraph and of its or
their respective responsibilities.

2.
Each passenger may complain to the appropriate body des-
ignated under paragraph 1, or to any other appropriate body des-
ignated by a Member State, about an alleged infringement of this
Regulation.

Article 31

Cooperation between enforcement bodies

Enforcement bodies as referred to in Article 30 shall exchange
information on their work and decision-making principles and
practice for the purpose of coordinating their decision-making
principles across the Community. The Commission shall support
them in this task.

CHAPTER VIII

FINAL PROVISIONS

Article 32

Penalties

Article 34

Amending provisions

1. Measures designed to amend non-essential elements of this
Regulation by supplementing it and necessary for the implemen-
tation of Articles 2, 10 and 12 shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 35(2).

2. Measures designed to amend non-essential elements of this
Regulation by adjusting the financial amounts referred to therein,
other than in Annex I, in light of inflation shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 35(2).

Article 35

Committee procedure

The Commission shall be assisted by the Committee insti-

1.
tuted by Article 11a of Directive 91/440/EEC.

2. Where reference is made to this paragraph, Articles 5a(1)
to (4), and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

Article 36

Report

Member States shall lay down the rules on penalties applicable to
infringements of the provisions of this Regulation and shall take
all measures necessary to ensure that they are implemented. The
penalties provided for shall be effective, proportionate and dissua-
sive. Member States shall notify those rules and measures to the
Commission by 3 June 2010 and shall notify it without delay of
any subsequent amendment affecting them.

Article 33

Annexes

Measures designed to amend non-essential elements of this Regu-
lation by adapting the Annexes thereto, except Annex I, shall be
adopted in accordance with the regulatory procedure with scru-
tiny referred to in Article 35(2).

The Commission shall report to the European Parliament and the
Council on the implementation and the results of this Regulation
by 3 December 2012, and in particular on the service quality
standards.

The report shall be based on information to be provided pursu-
ant to this Regulation and to Article 10b of Directive 91/440/EEC.
The report shall be accompanied where necessary by appropriate
proposals.

Article 37

Entry into force

This Regulation shall enter into force 24 months after the date of
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 23 October 2007.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
M. LOBO ANTUNES

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ANNEX I

Extract from Uniform Rules concerning the contract for international carriage
of passengers and luggage by rail (CIV)

Appendix A

to the Convention Concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the
Protocol for the modification of the Convention Concerning International Carriage by Rail of 3 June 1999

CONCLUSION AND PERFORMANCE OF THE CONTRACT OF CARRIAGE

TITLE II

Article 6

Contract of carriage

By the contract of carriage the carrier shall undertake to carry the passenger as well as, where appropriate, luggage and

1.
vehicles to the place of destination and to deliver the luggage and vehicles at the place of destination.

2.
The contract of carriage must be confirmed by one or more tickets issued to the passenger. However, subject to
Article 9 the absence, irregularity or loss of the ticket shall not affect the existence or validity of the contract which shall
remain subject to these Uniform Rules.

3.

The ticket shall be prima facie evidence of the conclusion and the contents of the contract of carriage.

Article 7

Ticket

The General Conditions of Carriage shall determine the form and content of tickets as well as the language and char-

1.
acters in which they are to be printed and made out.

2.

The following, at least, must be entered on the ticket:

(a)

the carrier or carriers;

(b)

a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may
be indicated by the acronym CIV;

(c)

any other statement necessary to prove the conclusion and contents of the contract of carriage and enabling the pas-
senger to assert the rights resulting from this contract.

3.

4.

The passenger must ensure, on receipt of the ticket, that it has been made out in accordance with his instructions.

The ticket shall be transferable if it has not been made out in the passenger’s name and if the journey has not begun.

5.
The ticket may be established in the form of electronic data registration, which can be transformed into legible written
symbols. The procedure used for the registration and treatment of data must be equivalent from the functional point of view,
particularly so far as concerns the evidential value of the ticket represented by those data.

Article 8

Payment and refund of the carriage charge

1.

Subject to a contrary agreement between the passenger and the carrier, the carriage charge shall be payable in advance.

The General Conditions of Carriage shall determine under what conditions a refund of the carriage charge shall be

2.
made.

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Article 9

Right to be carried. Exclusion from carriage

The passenger must, from the start of his journey, be in possession of a valid ticket and produce it on the inspection

1.
of tickets. The General Conditions of Carriage may provide:

(a)

that a passenger who does not produce a valid ticket must pay, in addition to the carriage charge, a surcharge;

(b)

that a passenger who refuses to pay the carriage charge or the surcharge upon demand may be required to discontinue
his journey;

(c)

if and under what conditions a refund of the surcharge shall be made.

2.

The General Conditions of Carriage may provide that passengers who:

(a)

present a danger for safety and the good functioning of the operations or for the safety of other passengers,

(b)

inconvenience other passengers in an intolerable manner,

shall be excluded from carriage or may be required to discontinue their journey and that such persons shall not be entitled
to a refund of their carriage charge or of any charge for the carriage of registered luggage they may have paid.

Article 10

Completion of administrative formalities

The passenger must comply with the formalities required by customs or other administrative authorities.

Article 11

Cancellation and late running of trains. Missed connections

The carrier must, where necessary, certify on the ticket that the train has been cancelled or the connection missed.

CARRIAGE OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES

TITLE III

C h a p t e r I

Common provisions

Article 12

Acceptable articles and animals

1.
The passenger may take with him articles which can be handled easily (hand luggage) and also live animals in accor-
dance with the General Conditions of Carriage. Moreover, the passenger may take with him cumbersome articles in accor-
dance with the special provisions, contained in the General Conditions of Carriage. Articles and animals likely to annoy or
inconvenience passengers or cause damage shall not be allowed as hand luggage.

The passenger may consign articles and animals as registered luggage in accordance with the General Conditions of

2.
Carriage.

The carrier may allow the carriage of vehicles on the occasion of the carriage of passengers in accordance with special

3.
provisions, contained in the General Conditions of Carriage.

4.
The carriage of dangerous goods as hand luggage, registered luggage as well as in or on vehicles which, in accordance
with this Title are carried by rail, must comply with the Regulation concerning the Carriage of Dangerous Goods by Rail
(RID).

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Article 13

Examination

1. When there is good reason to suspect a failure to observe the conditions of carriage, the carrier shall have the right to
examine whether the articles (hand luggage, registered luggage, vehicles including their loading) and animals carried comply
with the conditions of carriage, unless the laws and prescriptions of the State in which the examination would take place
prohibit such examination. The passenger must be invited to attend the examination. If he does not appear or cannot be
reached, the carrier must require the presence of two independent witnesses.

If it is established that the conditions of carriage have not been respected, the carrier can require the passenger to pay

2.
the costs arising from the examination.

Article 14

Completion of administrative formalities

The passenger must comply with the formalities required by customs or other administrative authorities when, on being
carried, he has articles (hand luggage, registered luggage, vehicles including their loading) or animals carried. He shall be
present at the inspection of these articles save where otherwise provided by the laws and prescriptions of each State.

C h a p t e r I I

Hand luggage and animals

Article 15

Supervision

It shall be the passenger’s responsibility to supervise the hand luggage and animals that he takes with him.

C h a p t e r I I I

Registered luggage

Article 16

Consignment of registered luggage

The contractual obligations relating to the forwarding of registered luggage must be established by a luggage registra-

1.
tion voucher issued to the passenger.

2.
Subject to Article 22 the absence, irregularity or loss of the luggage registration voucher shall not affect the existence
or the validity of the agreements concerning the forwarding of the registered luggage, which shall remain subject to these
Uniform Rules.

The luggage registration voucher shall be prima facie evidence of the registration of the luggage and the conditions of

3.
its carriage.

4.
Subject to evidence to the contrary, it shall be presumed that when the carrier took over the registered luggage it was
apparently in a good condition, and that the number and the mass of the items of luggage corresponded to the entries on
the luggage registration voucher.

Article 17

Luggage registration voucher

The General Conditions of Carriage shall determine the form and content of the luggage registration voucher as well

1.
as the language and characters in which it is to be printed and made out. Article 7(5) shall apply mutatis mutandis.

2.

The following, at least, must be entered on the luggage registration voucher:

(a)

the carrier or carriers;

(b)

a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may
be indicated by the acronym CIV;

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(c)

any other statement necessary to prove the contractual obligations relating to the forwarding of the registered luggage
and enabling the passenger to assert the rights resulting from the contract of carriage.

The passenger must ensure, on receipt of the luggage registration voucher, that it has been made out in accordance

3.
with his instructions.

Article 18

Registration and carriage

1.
Save where the General Conditions of Carriage otherwise provide, luggage shall be registered only on production of a
ticket valid at least as far as the destination of the luggage. In other respects the registration of luggage shall be carried out
in accordance with the prescriptions in force at the place of consignment.

2. When the General Conditions of Carriage provide that luggage may be accepted for carriage without production of a
ticket, the provisions of these Uniform Rules determining the rights and obligations of the passenger in respect of his reg-
istered luggage shall apply mutatis mutandis to the consignor of registered luggage.

The carrier can forward the registered luggage by another train or by another mode of transport and by a different

3.
route from that taken by the passenger.

Article 19

Payment of charges for the carriage of registered luggage

Subject to a contrary agreement between the passenger and the carrier, the charge for the carriage of registered luggage shall
be payable on registration.

Article 20

Marking of registered luggage

The passenger must indicate on each item of registered luggage in a clearly visible place, in a sufficiently durable and legible
manner:

(a)

his name and address;

(b)

the place of destination.

Article 21

Right to dispose of registered luggage

1.
If circumstances permit and if customs requirements or the requirements of other administrative authorities are not
thereby contravened, the passenger can request luggage to be handed back at the place of consignment on surrender of the
luggage registration voucher and, if the General Conditions of Carriage so require, on production of the ticket.

The General Conditions of Carriage may contain other provisions concerning the right to dispose of registered lug-
2.
gage, in particular modifications of the place of destination and the possible financial consequences to be borne by the
passenger.

Article 22

Delivery

Registered luggage shall be delivered on surrender of the luggage registration voucher and, where appropriate, on pay-

1.
ment of the amounts chargeable against the consignment.

The carrier shall be entitled, but not obliged, to examine whether the holder of the voucher is entitled to take delivery.

It shall be equivalent to delivery to the holder of the luggage registration voucher if, in accordance with the prescrip-

2.
tions in force at the place of destination:

(a)

the luggage has been handed over to the customs or octroi authorities at their premises or warehouses, when these are
not subject to the carrier’s supervision;

(b)

live animals have been handed over to third parties.

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The holder of the luggage registration voucher may require delivery of the luggage at the place of destination as soon
3.
as the agreed time and, where appropriate, the time necessary for the operations carried out by customs or other adminis-
trative authorities, has elapsed.

Failing surrender of the luggage registration voucher, the carrier shall only be obliged to deliver the luggage to the per-

4.
son proving his right thereto; if the proof offered appears insufficient, the carrier may require security to be given.

5.

Luggage shall be delivered at the place of destination for which it has been registered.

The holder of a luggage registration voucher whose luggage has not been delivered may require the day and time to be

6.
endorsed on the voucher when he requested delivery in accordance with paragraph 3.

The person entitled may refuse to accept the luggage if the carrier does not comply with his request to carry out an

7.
examination of the registered luggage in order to establish alleged damage.

In all other respects delivery of luggage shall be carried out in accordance with the prescriptions in force at the place

8.
of destination.

C h a p t e r I V

Vehicles

Article 23

Conditions of carriage

The special provisions governing the carriage of vehicles, contained in the General Conditions of Carriage, shall specify in
particular the conditions governing acceptance for carriage, registration, loading and carriage, unloading and delivery as well
as the obligations of the passenger.

Article 24

Carriage voucher

The contractual obligations relating to the carriage of vehicles must be established by a carriage voucher issued to the

1.
passenger. The carriage voucher may be integrated into the passenger’s ticket.

2.
The special provisions governing the carriage of vehicles, contained in the General Conditions of Carriage, shall deter-
mine the form and content of the carriage voucher as well as the language and the characters in which it is to be printed and
made out. Article 7(5) shall apply mutatis mutandis.

3.

The following, at least, must be entered on the carriage voucher:

(a)

the carrier or carriers;

(b)

a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may
be indicated by the acronym CIV;

(c)

any other statement necessary to prove the contractual obligations relating to the carriage of vehicles and enabling the
passenger to assert the rights resulting from the contract of carriage.

The passenger must ensure, on receipt of the carriage voucher, that it has been made out in accordance with his

4.
instructions.

Article 25

Applicable law

Subject to the provisions of this Chapter, the provisions of Chapter III relating to the carriage of luggage shall apply to
vehicles.

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TITLE IV

LIABILITY OF THE CARRIER

C h a p t e r I

Liability in case of death of, or personal injury to, passengers

Article 26

Basis of liability

1.
The carrier shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other physical
or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening while the
passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used.

2.

The carrier shall be relieved of this liability

(a)

if the accident has been caused by circumstances not connected with the operation of the railway and which the car-
rier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the con-
sequences of which he was unable to prevent;

(b)

to the extent that the accident is due to the fault of the passenger;

(c)

if the accident is due to the behaviour of a third party which the carrier, in spite of having taken the care required in the
particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another
undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall
not be affected.

3.
If the accident is due to the behaviour of a third party and if, in spite of that, the carrier is not entirely relieved of his
liability in accordance with paragraph 2, letter c), he shall be liable in full up to the limits laid down in these Uniform Rules
but without prejudice to any right of recourse which the carrier may have against the third party.

These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in

4.
paragraph 1.

If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to
5.
the contract of carriage to provide the service of carriage in the course of which the accident happened shall be liable in case
of death of, and personal injuries to, passengers. When this service has not been provided by the carrier, but by a substitute
carrier, the two carriers shall be jointly and severally liable in accordance with these Uniform Rules.

Article 27

Damages in case of death

1.

In case of death of the passenger the damages shall comprise:

(a)

any necessary costs following the death, in particular those of transport of the body and the funeral expenses;

(b)

if death does not occur at once, the damages provided for in Article 28.

2.
If, through the death of the passenger, persons whom he had, or would have had, a legal duty to maintain are deprived
of their support, such persons shall also be compensated for that loss. Rights of action for damages of persons whom the
passenger was maintaining without being legally bound to do so, shall be governed by national law.

Article 28

Damages in case of personal injury

In case of personal injury or any other physical or mental harm to the passenger the damages shall comprise:

(a)

any necessary costs, in particular those of treatment and of transport;

(b)

compensation for financial loss, due to total or partial incapacity to work, or to increased needs.

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Article 29

Compensation for other bodily harm

National law shall determine whether and to what extent the carrier must pay damages for bodily harm other than that for
which there is provision in Articles 27 and 28.

Form and amount of damages in case of death and personal injury

Article 30

1.
The damages under Article 27(2) and Article 28(b) must be awarded in the form of a lump sum. However, if national
law permits payment of an annuity, the damages shall be awarded in that form if so requested by the injured passenger or
by the persons entitled referred to in Article 27(2).

2.
The amount of damages to be awarded pursuant to paragraph 1 shall be determined in accordance with national law.
However, for the purposes of these Uniform Rules, the upper limit per passenger shall be set at 175 000 units of account as
a lump sum or as an annual annuity corresponding to that sum, where national law provides for an upper limit of less than
that amount.

Article 31

Other modes of transport

1.
Subject to paragraph 2, the provisions relating to the liability of the carrier in case of death of, or personal injury to,
passengers shall not apply to loss or damage arising in the course of carriage which, in accordance with the contract of car-
riage, was not carriage by rail.

2.
However, where railway vehicles are carried by ferry, the provisions relating to liability in case of death of, or personal
injury to, passengers shall apply to loss or damage referred to in Article 26(1) and Article 33(1), caused by an accident aris-
ing out of the operation of the railway and happening while the passenger is in, entering or alighting from the said vehicles.

3. When, because of exceptional circumstances, the operation of the railway is temporarily suspended and the passen-
gers are carried by another mode of transport, the carrier shall be liable pursuant to these Uniform Rules.

C h a p t e r I I

Liability in case of failure to keep to the timetable

Liability in case of cancellation, late running of trains or missed connections

Article 32

1.
The carrier shall be liable to the passenger for loss or damage resulting from the fact that, by reason of cancellation,
the late running of a train or a missed connection, his journey cannot be continued the same day, or that a continuation of
the journey the same day could not reasonably be required because of given circumstances. The damages shall comprise the
reasonable costs of accommodation as well as the reasonable costs occasioned by having to notify persons expecting the
passenger.

The carrier shall be relieved of this liability, when the cancellation, late running or missed connection is attributable to

2.
one of the following causes:

(a)

circumstances not connected with the operation of the railway which the carrier, in spite of having taken the care
required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to
prevent;

(b)

fault on the part of the passenger; or

(c)

the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circum-
stances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using
the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.

National law shall determine whether and to what extent the carrier must pay damages for harm other than that pro-

3.
vided for in paragraph 1. This provision shall be without prejudice to Article 44.

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Liability in respect of hand luggage, animals, registered luggage and vehicles

C h a p t e r I I I

SECTION 1

H a n d l u g g a g e a n d a n i m a l s

Article 33

Liability

1.
In case of death of, or personal injury to, passengers the carrier shall also be liable for the loss or damage resulting
from the total or partial loss of, or damage to, articles which the passenger had on him or with him as hand luggage; this
shall apply also to animals which the passenger had brought with him. Article 26 shall apply mutatis mutandis.

2.
In other respects, the carrier shall not be liable for the total or partial loss of, or damage to, articles, hand luggage or
animals the supervision of which is the responsibility of the passenger in accordance with Article 15, unless this loss or dam-
age is caused by the fault of the carrier. The other Articles of Title IV, with exception of Article 51, and Title VI shall not
apply in this case.

Article 34

Limit of damages in case of loss of or damage to articles

When the carrier is liable under Article 33(1), he must pay compensation up to a limit of 1 400 units of account per
passenger.

Article 35

Exclusion of liability

The carrier shall not be liable to the passenger for loss or damage arising from the fact that the passenger does not conform
to the formalities required by customs or other administrative authorities.

SECTION 2

R e g i s t e r e d l u g g a g e

Article 36

Basis of liability

The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage

1.
between the time of taking over by the carrier and the time of delivery as well as from delay in delivery.

The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault
2.
of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect
in the registered luggage or by circumstances which the carrier could not avoid and the consequences of which he was unable
to prevent.

The carrier shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent

3.
in one or more of the following circumstances:

(a)

the absence or inadequacy of packing;

(b)

the special nature of the luggage;

(c)

the consignment as luggage of articles not acceptable for carriage.

Article 37

Burden of proof

The burden of proving that the loss, damage or delay in delivery was due to one of the causes specified in Article 36(2)

1.
shall lie on the carrier.

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2. When the carrier establishes that, having regard to the circumstances of a particular case, the loss or damage could
have arisen from one or more of the special risks referred to in Article 36(3), it shall be presumed that it did so arise. The
person entitled shall, however, have the right to prove that the loss or damage was not attributable either wholly or in part
to one of those risks.

Article 38

Successive carriers

If carriage governed by a single contract is performed by several successive carriers, each carrier, by the very act of taking
over the luggage with the luggage registration voucher or the vehicle with the carriage voucher, shall become a party to the
contract of carriage in respect of the forwarding of luggage or the carriage of vehicles, in accordance with the terms of the
luggage registration voucher or of the carriage voucher and shall assume the obligations arising therefrom. In such a case
each carrier shall be responsible for the carriage over the entire route up to delivery.

Article 39

Substitute carrier

1. Where the carrier has entrusted the performance of the carriage, in whole or in part, to a substitute carrier, whether or
not in pursuance of a right under the contract of carriage to do so, the carrier shall nevertheless remain liable in respect of
the entire carriage.

2.
All the provisions of these Uniform Rules governing the liability of the carrier shall apply also to the liability of the
substitute carrier for the carriage performed by him. Articles 48 and 52 shall apply if an action is brought against the ser-
vants or any other persons whose services the substitute carrier makes use of for the performance of the carriage.

3.
Any special agreement under which the carrier assumes obligations not imposed by these Uniform Rules or waives
rights conferred by these Uniform Rules shall be of no effect in respect of the substitute carrier who has not accepted it
expressly and in writing. Whether or not the substitute carrier has accepted it, the carrier shall nevertheless remain bound
by the obligations or waivers resulting from such special agreement.

4. Where and to the extent that both the carrier and the substitute carrier are liable, their liability shall be joint and several.

5.
The aggregate amount of compensation payable by the carrier, the substitute carrier and their servants and other per-
sons whose services they make use of for the performance of the carriage shall not exceed the limits provided for in these
Uniform Rules.

6.

This Article shall not prejudice rights of recourse which may exist between the carrier and the substitute carrier.

Article 40

Presumption of loss

1.
The person entitled may, without being required to furnish further proof, consider an item of luggage as lost when it
has not been delivered or placed at his disposal within 14 days after a request for delivery has been made in accordance with
Article 22(3).

If an item of luggage deemed to have been lost is recovered within one year after the request for delivery, the carrier

2.
must notify the person entitled if his address is known or can be ascertained.

3. Within thirty days after receipt of a notification referred to in paragraph 2, the person entitled may require the item of
luggage to be delivered to him. In that case he must pay the charges in respect of carriage of the item from the place of con-
signment to the place where delivery is effected and refund the compensation received less, where appropriate, any costs
included therein. Nevertheless he shall retain his rights to claim compensation for delay in delivery provided for in Article 43.

4.
If the item of luggage recovered has not been claimed within the period stated in paragraph 3 or if it is recovered more
than one year after the request for delivery, the carrier shall dispose of it in accordance with the laws and prescriptions in
force at the place where the item of luggage is situated.

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Article 41

Compensation for loss

1.

In case of total or partial loss of registered luggage, the carrier must pay, to the exclusion of all other damages:

(a)

if the amount of the loss or damage suffered is proved, compensation equal to that amount but not exceeding 80 units
of account per kilogram of gross mass short or 1 200 units of account per item of luggage;

(b)

if the amount of the loss or damage suffered is not established, liquidated damages of 20 units of account per kilogram
of gross mass short or 300 units of account per item of luggage.

The method of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions of
Carriage.

The carrier must in addition refund the charge for the carriage of luggage and the other sums paid in relation to the

2.
carriage of the lost item as well as the customs duties and excise duties already paid.

Article 42

Compensation for damage

In case of damage to registered luggage, the carrier must pay compensation equivalent to the loss in value of the lug-

1.
gage, to the exclusion of all other damages.

2.

The compensation shall not exceed:

(a)

if all the luggage has lost value through damage, the amount which would have been payable in case of total loss;

(b)

if only part of the luggage has lost value through damage, the amount which would have been payable had that part
been lost.

Article 43

Compensation for delay in delivery

In case of delay in delivery of registered luggage, the carrier must pay in respect of each whole period of 24 hours after

1.
delivery has been requested, but subject to a maximum of 14 days:

(a)

if the person entitled proves that loss or damage has been suffered thereby, compensation equal to the amount of the
loss or damage, up to a maximum of 0,80 units of account per kilogram of gross mass of the luggage or 14 units of
account per item of luggage, delivered late;

(b)

if the person entitled does not prove that loss or damage has been suffered thereby, liquidated damages of 0,14 units
of account per kilogram of gross mass of the luggage or 2,80 units of account per item of luggage, delivered late.

The methods of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions
of Carriage.

In case of total loss of luggage, the compensation provided for in paragraph 1 shall not be payable in addition to that

2.
provided for in Article 41.

In case of partial loss of luggage, the compensation provided for in paragraph 1 shall be payable in respect of that part

3.
of the luggage which has not been lost.

In case of damage to luggage not resulting from delay in delivery the compensation provided for in paragraph 1 shall,

4.
where appropriate, be payable in addition to that provided for in Article 42.

In no case shall the total of compensation provided for in paragraph 1 together with that payable under Articles 41

5.
and 42 exceed the compensation which would be payable in case of total loss of the luggage.

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SECTION 3

V e h i c l e s

Article 44

Compensation for delay

1.
In case of delay in loading for a reason attributable to the carrier or delay in delivery of a vehicle, the carrier must, if
the person entitled proves that loss or damage has been suffered thereby, pay compensation not exceeding the amount of
the carriage charge.

2.
If, in case of delay in loading for a reason attributable to the carrier, the person entitled elects not to proceed with the
contract of carriage, the carriage charge shall be refunded to him. In addition the person entitled may, if he proves that loss
or damage has been suffered as a result of the delay, claim compensation not exceeding the carriage charge.

Article 45

Compensation for loss

In case of total or partial loss of a vehicle the compensation payable to the person entitled for the loss or damage proved
shall be calculated on the basis of the usual value of the vehicle. It shall not exceed 8 000 units of account. A loaded or
unloaded trailer shall be considered as a separate vehicle.

Article 46

Liability in respect of other articles

1.
In respect of articles left inside the vehicle or situated in boxes (e.g. luggage or ski boxes) fixed to the vehicle, the car-
rier shall be liable only for loss or damage caused by his fault. The total compensation payable shall not exceed 1 400 units
of account.

2.
So far as concerns articles stowed on the outside of the vehicle, including the boxes referred to in paragraph 1, the
carrier shall be liable in respect of articles placed on the outside of the vehicle only if it is proved that the loss or damage
results from an act or omission, which the carrier has committed either with intent to cause such a loss or damage or reck-
lessly and with knowledge that such loss or damage would probably result.

Article 47

Applicable law

Subject to the provisions of this Section, the provisions of Section 2 relating to liability for luggage shall apply to vehicles.

C h a p t e r I V

Common provisions

Article 48

Loss of right to invoke the limits of liability

The limits of liability provided for in these Uniform Rules as well as the provisions of national law, which limit the com-
pensation to a fixed amount, shall not apply if it is proved that the loss or damage results from an act or omission, which
the carrier has committed either with intent to cause such loss or damage, or recklessly and with knowledge that such loss
or damage would probably result.

Article 49

Conversion and interest

1. Where the calculation of compensation requires the conversion of sums expressed in foreign currency, conversion shall
be at the exchange rate applicable on the day and at the place of payment of the compensation.

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The person entitled may claim interest on compensation, calculated at five per cent per annum, from the day of the
2.
claim provided for in Article 55 or, if no such claim has been made, from the day on which legal proceedings were instituted.

3.
However, in the case of compensation payable pursuant to Articles 27 and 28, interest shall accrue only from the day
on which the events relevant to the assessment of the amount of compensation occurred, if that day is later than that of the
claim or the day when legal proceedings were instituted.

In the case of luggage, interest shall only be payable if the compensation exceeds 16 units of account per luggage reg-

4.
istration voucher.

5.
In the case of luggage, if the person entitled does not submit to the carrier, within a reasonable time allotted to him,
the supporting documents required for the amount of the claim to be finally settled, no interest shall accrue between the
expiry of the time allotted and the actual submission of such documents.

Article 50

Liability in case of nuclear incidents

The carrier shall be relieved of liability pursuant to these Uniform Rules for loss or damage caused by a nuclear incident
when the operator of a nuclear installation or another person who is substituted for him is liable for the loss or damage
pursuant to the laws and prescriptions of a State governing liability in the field of nuclear energy.

Article 51

Persons for whom the carrier is liable

The carrier shall be liable for his servants and other persons whose services he makes use of for the performance of the car-
riage, when these servants and other persons are acting within the scope of their functions. The managers of the railway
infrastructure on which the carriage is performed shall be considered as persons whose services the carrier makes use of for
the performance of the carriage.

Article 52

Other actions

In all cases where these Uniform Rules shall apply, any action in respect of liability, on whatever grounds, may be

1.
brought against the carrier only subject to the conditions and limitations laid down in these Uniform Rules.

The same shall apply to any action brought against the servants and other persons for whom the carrier is liable pur-

2.
suant to Article 51.

TITLE V

LIABILITY OF THE PASSENGER

Article 53

Special principles of liability

The passenger shall be liable to the carrier for any loss or damage:

(a)

resulting from failure to fulfil his obligations pursuant to

1. Articles 10, 14 and 20,

2.

the special provisions for the carriage of vehicles, contained in the General Conditions of Carriage, or

3.

the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), or

(b)

caused by articles and animals that he brings with him,

unless he proves that the loss or damage was caused by circumstances that he could not avoid and the consequences of which
he was unable to prevent, despite the fact that he exercised the diligence required of a conscientious passenger. This provi-
sion shall not affect the liability of the carrier pursuant to Articles 26 and 33(1).

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TITLE VI

ASSERTION OF RIGHTS

Article 54

Ascertainment of partial loss or damage

1. When partial loss of, or damage to, an article carried in the charge of the carrier (luggage, vehicles) is discovered or
presumed by the carrier or alleged by the person entitled, the carrier must without delay, and if possible in the presence of
the person entitled, draw up a report stating, according to the nature of the loss or damage, the condition of the article and,
as far as possible, the extent of the loss or damage, its cause and the time of its occurrence.

2.

A copy of the report must be supplied free of charge to the person entitled.

3.
Should the person entitled not accept the findings in the report, he may request that the condition of the luggage or
vehicle and the cause and amount of the loss or damage be ascertained by an expert appointed either by the parties to the
contract of carriage or by a court or tribunal. The procedure to be followed shall be governed by the laws and prescriptions
of the State in which such ascertainment takes place.

Article 55

Claims

1.
Claims relating to the liability of the carrier in case of death of, or personal injury to, passengers must be addressed in
writing to the carrier against whom an action may be brought. In the case of a carriage governed by a single contract and
performed by successive carriers the claims may also be addressed to the first or the last carrier as well as to the carrier hav-
ing his principal place of business or the branch or agency which concluded the contract of carriage in the State where the
passenger is domiciled or habitually resident.

Other claims relating to the contract of carriage must be addressed in writing to the carrier specified in Article 56(2)

2.
and (3).

3.
Documents which the person entitled thinks fit to submit with the claim shall be produced either in the original or as
copies, where appropriate, the copies duly certified if the carrier so requires. On settlement of the claim, the carrier may
require the surrender of the ticket, the luggage registration voucher and the carriage voucher.

Article 56

Carriers against whom an action may be brought

An action based on the liability of the carrier in case of death of, or personal injury to, passengers may only be brought

1.
against the carrier who is liable pursuant to Article 26(5).

Subject to paragraph 4 other actions brought by passengers based on the contract of carriage may be brought only
2.
against the first carrier, the last carrier or the carrier having performed the part of carriage on which the event giving rise to
the proceedings occurred.

3. When, in the case of carriage performed by successive carriers, the carrier who must deliver the luggage or the vehicle
is entered with his consent on the luggage registration voucher or the carriage voucher, an action may be brought against
him in accordance with paragraph 2 even if he has not received the luggage or the vehicle.

An action for the recovery of a sum paid pursuant to the contract of carriage may be brought against the carrier who

4.
has collected that sum or against the carrier on whose behalf it was collected.

5.
An action may be brought against a carrier other than those specified in paragraphs 2 and 4 when instituted by way
of counter-claim or by way of exception in proceedings relating to a principal claim based on the same contract of carriage.

6.

To the extent that these Uniform Rules apply to the substitute carrier, an action may also be brought against him.

7.
If the plaintiff has a choice between several carriers, his right to choose shall be extinguished as soon as he brings an
action against one of them; this shall also apply if the plaintiff has a choice between one or more carriers and a substitute
carrier.

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Extinction of right of action in case of death or personal injury

Article 58

1.
Any right of action by the person entitled based on the liability of the carrier in case of death of, or personal injury to,
passengers shall be extinguished if notice of the accident to the passenger is not given by the person entitled, within 12
months of his becoming aware of the loss or damage, to one of the carriers to whom a claim may be addressed in accor-
dance with Article 55(1). Where the person entitled gives oral notice of the accident to the carrier, the carrier shall furnish
him with an acknowledgement of such oral notice.

2.

Nevertheless, the right of action shall not be extinguished if

(a) within the period provided for in paragraph 1 the person entitled has addressed a claim to one of the carriers desig-

nated in Article 55(1);

(b) within the period provided for in paragraph 1 the carrier who is liable has learned of the accident to the passenger in

some other way;

(c)

notice of the accident has not been given, or has been given late, as a result of circumstances not attributable to the
person entitled;

(d)

the person entitled proves that the accident was caused by fault on the part of the carrier.

Article 59

Extinction of right of action arising from carriage of luggage

Acceptance of the luggage by the person entitled shall extinguish all rights of action against the carrier arising from

1.
the contract of carriage in case of partial loss, damage or delay in delivery.

2.

Nevertheless, the right of action shall not be extinguished:

(a)

in case of partial loss or damage, if

1.

2.

the loss or damage was ascertained in accordance with Article 54 before the acceptance of the luggage by the per-
son entitled,

the ascertainment which should have been carried out in accordance with Article 54 was omitted solely through
the fault of the carrier;

(b)

in case of loss or damage which is not apparent whose existence is ascertained after acceptance of the luggage by the
person entitled, if he

1.

2.

asks for ascertainment in accordance with Article 54 immediately after discovery of the loss or damage and not
later than three days after the acceptance of the luggage, and

in addition, proves that the loss or damage occurred between the time of taking over by the carrier and the time
of delivery;

(c)

in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his rights against one of the
carriers specified in Article 56(3);

(d)

if the person entitled proves that the loss or damage was caused by fault on the part of the carrier.

Article 60

Limitation of actions

The period of limitation of actions for damages based on the liability of the carrier in case of death of, or personal

1.
injury to, passengers shall be:

(a)

in the case of a passenger, three years from the day after the accident;

(b)

in the case of other persons entitled, three years from the day after the death of the passenger, subject to a maximum
of five years from the day after the accident.

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The period of limitation for other actions arising from the contract of carriage shall be one year. Nevertheless, the
2.
period of limitation shall be two years in the case of an action for loss or damage resulting from an act or omission com-
mitted either with the intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would
probably result.

3.

The period of limitation provided for in paragraph 2 shall run for actions:

(a)

for compensation for total loss, from the fourteenth day after the expiry of the period of time provided for in
Article 22(3);

(b)

for compensation for partial loss, damage or delay in delivery, from the day when delivery took place;

(c)

in all other cases involving the carriage of passengers, from the day of expiry of validity of the ticket.

The day indicated for the commencement of the period of limitation shall not be included in the period.

4.

5.

6.

[…]

[…]

Otherwise, the suspension and interruption of periods of limitation shall be governed by national law.

TITLE VII

RELATIONS BETWEEN CARRIERS

Article 61

Apportionment of the carriage charge

Any carrier who has collected or ought to have collected a carriage charge must pay to the carriers concerned their

1.
respective shares of such a charge. The methods of payment shall be fixed by agreement between the carriers.

2.

Article 6(3), Article 16(3) and Article 25 shall also apply to the relations between successive carriers.

Article 62

Right of recourse

A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse against the car-

1.
riers who have taken part in the carriage in accordance with the following provisions:

(a)

the carrier who has caused the loss or damage shall be solely liable for it;

(b) when the loss or damage has been caused by several carriers, each shall be liable for the loss or damage he has caused;

if such distinction is impossible, the compensation shall be apportioned between them in accordance with letter c);

(c)

if it cannot be proved which of the carriers has caused the loss or damage, the compensation shall be apportioned
between all the carriers who have taken part in the carriage, except those who prove that the loss or damage was not
caused by them; such apportionment shall be in proportion to their respective shares of the carriage charge.

In the case of insolvency of any one of these carriers, the unpaid share due from him shall be apportioned among all

2.
the other carriers who have taken part in the carriage, in proportion to their respective shares of the carriage charge.

Article 63

Procedure for recourse

1.
The validity of the payment made by the carrier exercising a right of recourse pursuant to Article 62 may not be dis-
puted by the carrier against whom the right to recourse is exercised, when compensation has been determined by a court or
tribunal and when the latter carrier, duly served with notice of the proceedings, has been afforded an opportunity to inter-
vene in the proceedings. The court or tribunal seized of the principal action shall determine what time shall be allowed for
such notification of the proceedings and for intervention in the proceedings.

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A carrier exercising his right of recourse must present his claim in one and the same proceedings against all the car-
2.
riers with whom he has not reached a settlement, failing which he shall lose his right of recourse in the case of those against
whom he has not taken proceedings.

3.

The court or tribunal shall give its decision in one and the same judgment on all recourse claims brought before it.

4.
The carrier wishing to enforce his right of recourse may bring his action in the courts or tribunals of the State on the
territory of which one of the carriers participating in the carriage has his principal place of business, or the branch or agency
which concluded the contract of carriage.

5. When the action must be brought against several carriers, the plaintiff carrier shall be entitled to choose the court or
tribunal in which he will bring the proceedings from among those having competence pursuant to paragraph 4.

Recourse proceedings may not be joined with proceedings for compensation taken by the person entitled under the

6.
contract of carriage.

Article 64

Agreements concerning recourse

The carriers may conclude agreements which derogate from Articles 61 and 62.

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ANNEX II

MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS
AND/OR BY TICKET VENDORS

Part I: Pre-journey information

General conditions applicable to the contract

Time schedules and conditions for the fastest trip

Time schedules and conditions for the lowest fares

Accessibility, access conditions and availability on board of facilities for disabled persons and persons with reduced mobility

Accessibility and access conditions for bicycles

Availability of seats in smoking and non-smoking, first and second class as well as couchettes and sleeping carriages

Any activities likely to disrupt or delay services

Availability of on-board services

Procedures for reclaiming lost luggage

Procedures for the submission of complaints.

Part II: Information during the journey

On-board services

Next station

Delays

Main connecting services

Security and safety issues.

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ANNEX III

MINIMUM SERVICE QUALITY STANDARDS

Information and tickets

Punctuality of services, and general principles to cope with disruptions to services

Cancellations of services

Cleanliness of rolling stock and station facilities (air quality in carriages, hygiene of sanitary facilities, etc.)

Customer satisfaction survey

Complaint handling, refunds and compensation for non-compliance with service quality standards

Assistance provided to disabled persons and persons with reduced mobility.