P8_TA(2018)0462 Rail passengers' rights and obligations ***I European Parliament legislative resolution of 15 November 2018 on the proposal for a regulation of the European Parliament and of the Council on rail passengers’ rights and obligations (recast) (COM(2017)0548 — C8-0324/2017 — 2017/0237(COD)) P8_TC1-COD(2017)0237 Position of the European Parliament adopted at first reading on 15 November 2018 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council on rail passengers’ rights and obligations (recast) (Text with EEA relevance)
Date: 2018-11-15
Institutions: Committee on Legal Affairs, Committee on Transport and Tourism, European Parliament
Subjects: carriage of passengers, common transport policy, consumer protection, disabled person, high-speed transport, liability, passenger tariff, rail transport, transport company




C_2020363EN.01029601.xml










28.10.2020   


EN


Official Journal of the European Union


C 363/296






P8_TA(2018)0462
Rail passengers' rights and obligations ***I
European Parliament legislative resolution of 15 November 2018 on the proposal for a regulation of the European Parliament and of the Council on rail passengers’ rights and obligations (recast) (COM(2017)0548 — C8-0324/2017 — 2017/0237(COD))
(Ordinary legislative procedure — recast)
(2020/C 363/36)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2017)0548),










—


having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal (C8-0324/2017),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 18 January 2018 (1),










—


after consulting the Committee of the Regions,










—


having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2),










—


having regard to the letter of 24 July 2017 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 104(3) of its Rules of Procedure,










—


having regard to Rules 104 and 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Internal Market and Consumer Protection (A8-0340/2018),










A.


whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal, and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;












1.


Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;












2.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;












3.


Instructs its President to forward its position to Council, the Commission and the national parliaments.






(1)  OJ C 197, 8.6.2018, p. 66.

(2)  OJ C 77, 28.3.2002, p. 1.




P8_TC1-COD(2017)0237
Position of the European Parliament adopted at first reading on 15 November 2018 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council on rail passengers’ rights and obligations (recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure,
Whereas:






(1)


A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council (2)

in order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular
. 
In view of these amendments and
 in the interests of clarity, that Regulation 
(EC) No 1371/2007
 should 
therefore
 be recast. [Am. 1]











(2)


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.










(3)


Despite considerable progress made in protecting consumers in the Union, further improvements 
are still to be made
 in protecting the rights of rail passengers are still to be made

and in ensuring they are compensated for delays, cancellations and any material damage. [Am. 2]











(4)


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










(5)


Granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection

passenger rights
 in the Union, ensure a level playing-field for railway undertakings and guarantee a uniform level of rights for

in particular as regards their access to information and compensation in case of delay or cancellation.
 Passengers 
should receive as precise information as possible on their rights
. [Am. 3]













(5a)






This Regulation should not adversely affect the ability of the Member States or competent authorities to establish social tariffs for services regulated under a public service obligation, and for commercial services. [Am. 4]











(6)


Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights. [Am. 136]











(7)


It is an aim of this Regulation to improve rail passenger services within the Union. Therefore, Member States should be able to grant exemptions for services in regions where a significant part of the service is operated outside the Union, provided that an adequate level of passenger rights is ensured on the part of such services provided on those Member States' territory, in accordance with their national law.











(8)




However, the exemptions should not apply to the provisions of this Regulation that facilitate the use of rail services by persons with disabilities or persons with reduced mobility. Furthermore, exemptions should not apply to the rights of those wishing to purchase tickets for travel by rail to do so without undue difficulty, to the provisions on railway undertakings’ liability in respect of passengers and their luggage, to the requirement that railway undertakings be adequately insured, and to the requirement that they take adequate measures to ensure passengers’ personal security in railway stations and on trains and to manage risk.
[Am. 6]











(9)


Users’ rights to rail services include the receipt of information regarding the service

those services and related matters
 both before and during the journey. Whenever possible, Railway undertakings and ticket vendors should provide this information in advance and as soon as possible
, in advance, or at least at the start of the journey
. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility 
and should be publicly available
. 
Railway undertakings should provide this information to ticket vendors and other railway undertakings selling their services. [Am. 7]













(9a)






Access to all real-time operational data and tariffs on non-discriminatory and viable terms makes rail travel more accessible to new customers and provides them with a wider range of journey possibilities and tariffs to choose from. Railway undertakings should provide ticket vendors with their operational and tariff data in order to facilitate rail travel. Efforts should be made to allow passengers to book through-tickets and optimal single rail journeys. [Am. 8]













(9b)






Intensive multimodal passenger transport will help to achieve climate goals. Railway undertakings should also therefore advertise combinations with other modes of transport so that rail users are aware of them before making their travel reservations. [Am. 9]













(9c)






Well-developed multimodal passenger transport systems will help to achieve climate goals. Railway undertakings should therefore also advertise combinations with other modes of transport so that rail users are aware of them before making their travel reservations. [Am. 10]











(10)


More detailed requirements regarding the provision of travel information are set out in the technical specifications for interoperability (TSIs) referred to in Commission Regulation (EU) No 454/2011 (3).










(11)


Strengthening of the rights of rail passengers should build on the existing international law contained in Appendix A — Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) 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 (1999 Protocol). However, it is desirable to extend the scope of this Regulation and protect not only international passengers but domestic passengers too. On 23 February 2013, the Union acceded to the COTIF.










(12)


In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automaticallyprecluded, provided that they are proportionate andindependent of the nationality of the persons concerned. [Am. 11]











(13)


The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing

they should provide sufficient bicycle stands for
 the carriage of 
assembled
 bicycles 
in areas intended for that purpose on board all types of passenger trains, including high speed, long distance, cross-border and local services. Passengers should be informed of the space available for bicycles. These requirements should apply to all railway undertakings from … [two years after the date of entry into force of this Regulation]. [Am. 12]











(14)


Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets, whenever possible. [Am. 13]











(15)


In the light of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Persons with disabilities and persons with reduced mobility, whether caused by disability, age or any other factor, have the same right as all other citizens to free movement and to non-discrimination. Inter alia, special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility 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. Persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges.

which are
 appropriate 
and comprehensible to those passengers.
 Staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility, notably when providing assistance. To ensure equal travel conditions, such persons should be provided
, free of charge,
 with assistance at stations and on

to
 board at all times when trains operate and not only at certain times of the day

and disembark
. [Am. 14]













(15a)






If no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility should be able to purchase tickets on board the train. [Am. 15]











(16)


Railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility, through compliance with the TSI for persons with reduced mobility

Commission Regulation (EU) No 1300/2014 (TSI)
 (4)

and Directive XXX when complementing TSI
. In addition, in accordance with Union public procurement rules, in particular Directive 2014/24/EU of the European Parliament and of the Council (5), all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work. [Am. 16]











(17)


It is desirable that this Regulation create a system of compensation 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 CIV Uniform Rules thereto relating to passengers' rights. 
Purchased tickets should be fully refundable.
 In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage 
up to 100 %
 of the ticket price. [Am. 17]











(18)


Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to rail passengers in the event of accident. Where Member States set a maximum amount for compensatory damages in the event of death or personal injury to passengers, that amount should be at least equivalent to the amount set out in the CIV Uniform Rules. 
Member States should have the possibility to increase the amount for compensatory damages in the event of death or personal injury to passengers at any time. [Am. 18]











(19)


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










(20)


In the event of delay, passengers should be provided with continued or re-routed transport options under comparable transport conditions. The needs of 
appropriate information for
 persons with disabilities and persons with reduced mobility should 
in particular
 be taken into account in such an event. [Am. 19]













(20a)






The interpretation of journey or combined journey should include all situations with realistic or applicable minimum connection times when originally booked, taking into account any relevant factors such as the size and location of the respective stations and platforms concerned. [Am. 137]












(21)




However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been taken.
[Am. 20]











(22)


In cooperation with infrastructure managers and railway undertakings, station managers should prepare 
and make publicly available
 contingency plans to minimise the impact of major disruptions by providing stranded passengers with adequate information and care. [Am. 21]











(23)


This Regulation should not restrict the rights of railway undertakings
, ticket vendors, railway station or infrastructure managers
 to seek compensation
, where applicable,
 from any person, including third parties, in accordance with applicable national law

for meeting their obligations to passengers under this Regulation
. [Am. 22]











(24)


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.










(25)


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










(26)


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










(27)


Rail passengers should be able to submit a complaint to any railway undertaking
, ticket vendor, railway station or infrastructure manager
 involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time. [Am. 23]











(28)


Railway undertakings and station managers should define, make publicly available, manage and monitor service quality standards for rail passenger services 
including those for persons with disabilities and persons with reduced mobility
. [Am. 24]











(29)


To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures 
and to provide the option for passengers of binding alternative dispute resolution in accordance with Directive 2013/11/EU of the European Parliament and of the Council
 (6). Passengers should be able to complain to those bodies about alleged infringements of the Regulation
, and to use online dispute resolution established under Regulation (EU) No 524/2013 of the European Parliament and of the Council
 (7)

where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers
. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other 
and this Regulation should continue to be listed in the Annex to the Regulation (EU) 2017/2394 of the European Parliament and of the Council
 (8). 
Each year national enforcement bodies should publish reports with statistics on their websites detailing the number and type of complaints that they have received, and detailing the outcome of their enforcement actions. In addition, those reports should be made available on the website of the European Union Agency for Railways
. [Am. 25]











(30)


Processing of personal data should be carried out in accordance with Union law on the protection of personal data, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council (9).










(31)


Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive 
and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher
. [Am. 26]











(32)


Since the objectives of this Regulation, namely the development of the Union's railways and the introduction of passenger rights, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Union level, the Union 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.










(33)


In order to ensure a high level of passenger protection, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated on the Commission to amend the Annexes I, II, and III in respect of the CIV Uniform Rules, the minimum information to be provided by railway undertakings and ticket vendors, on minimum service quality standards, and to adjust, in the light of inflation, the financial amounts referred to in the Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (10). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(33a)






In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt a standardized Union complaint form that passengers may use to apply for compensation in accordance with this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council
 (11)
. [Am. 27]











(34)


This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 21, 26, 38 and 47 concerning, respectively, the prohibition of any form of discrimination, the integration of persons with disabilities, a high level of consumer protection, and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles,




HAVE ADOPTED THIS REGULATION:
Chapter I
General provisions

Article 1
Subject matter 
and objectives [Am. 28]

This Regulation establishes rules applicable to rail transport 
to provide for effective protection of passengers and encourage rail travel
 as regards the following: [Am. 29]







(a)


non-discrimination between passengers with regard to transport 
and ticketing
 conditions; [Am. 30]











(b)


the liability of railway undertakings and their insurance obligations for passengers and their luggage;










(c)


passengers’ rights in the event of an accident arising from the use of railway services and resulting in death, personal injury or loss of, or damage to, their luggage;










(d)


passengers’ rights 
and compensation
 in the event of 
disruption, such as
 cancellation or delay; [Am. 31]











(e)


minimum
, accurate and timely
 information to be provided 
in accessible format
 to passengers
, including the conclusion of transport contracts and the issuing of tickets
; [Am. 32]











(f)


non-discrimination against, and mandatory assistance 
by trained staff
 for, persons with disabilities and persons with reduced mobility; [Am. 33]











(g)


the definition and monitoring of service quality standards and the management of risks to the personal security of passengers;










(h)



the

proper procedures for filing and
 handling of complaints; [Am. 34]











(i)


general rules on enforcement.






Article 2
Scope

1.   This Regulation shall apply to domestic and international rail journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council (12).


2.   Subject to paragraph 4, Member States may exempt the following services from the application of this Regulation:






(a)


urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union; [Am. 138]











(b)


international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption
; [Am. 36]













(ba)






domestic rail passenger services where such exemption was granted by Member States under Regulation (EC) No 1371/2007 for a maximum of 12 months after … [date of entry into force of this Regulation]. [Am. 37]







3.   Member States shall inform the Commission of exemptions granted pursuant to points (a), and (b) 
and (ba)

of paragraph 2, and on the adequacy of their national law on their territory for the purposes of point (b) of paragraph 2. [Am. 38]



4.   Articles 5, 10,

6,
 11 and 25

12, 17
 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b)

point (a)
 of paragraph 2. [Am. 39]





4a.
   
This Regulation shall not apply to services which are operated strictly for their historical interest. [Am. 40]




Article 3
Definitions
For the purposes of this Regulation the following definitions apply:






(1)


‘railway undertaking’ means a railway undertaking as defined in Article 3(1) of Directive 2012/34/EU;












(1a)






‘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; [Am. 41]













(1b)






‘substitute carrier’ means a railway undertaking, which has not concluded a transport contract with the passenger, but to which the railway undertaking party to the contract has entrusted, in whole or in part, the performance of the transport by rail; [Am. 42]











(2)


‘infrastructure manager’ means an infrastructure manager as defined in Article 3 of Directive 2012/34/EU;










(3)


‘station manager’ means an organisational entity in a Member State, which has been made responsible for the management of a railway station and which may be the infrastructure manager;










(4)


‘tour operator’ means an organiser or retailer, other than a railway undertaking, within the meaning of Article 3, points (8) and (9)

point (8)
 of Directive (EU) 2015/2302 of the European Parliament and of the Council (13); [Am. 43]











(5)


‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets
, separate tickets or through-tickets
 on behalf of 
one or more

a railway undertaking

undertakings
 or for its own account; [Am. 44]













(5a)






‘distributor’ means a retailer of rail transport services selling tickets on behalf of a railway undertaking, and which does not have any obligation under the contract concluded between the passenger and the railway undertaking; [Am. 45]











(6)


‘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; [Am. 46]













(6a)






‘ticket’ means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e-Ticket, Smartcard, travel card; [Am. 47]













(6b)






‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings; [Am. 48]











(7)


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










(8)


‘through-ticket’ means a ticket or 
separate
 tickets representing a single 
or several
 transport contract

contracts
 for successive railway services operated by one or more railway undertakings
, purchased from the same ticket vendor, tour operator or railway undertaking for an end-to-end journey
; [Am. 49]











(9)


‘service’ means a passenger rail transport service that operates between rail stations or stops according to a timetable;










(10)


‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract; [Am. 50]











(11)


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










(12)


‘international rail passenger service’ means international rail passenger service as defined in Article 3(5) of Directive 2012/34/EU;










(13)


‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival at the final station of destination;












(13a)






‘arrival’ means the moment when, at the destination platform, the doors of the train are open and disembarkation is allowed; [Am. 51]











(14)


‘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;










(15)


‘missed connection’ means a situation where
, whether under a single transport contract or not,
 a passenger misses one or more services in the course of a journey 
or combined journey
 as a result of the delay or cancellation of one or more previous services; [Am. 139]











(16)


‘person with disabilities’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age; [Am. 53]











(17)


‘General Conditions of Carriage’ means the conditions of the railway undertaking 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;










(18)


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










(19)


‘CIV Uniform Rules’ means the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV), as set out in Appendix A to the Convention concerning International Carriage by Rail (COTIF).





Chapter II
Transport contract, information and tickets

Article 4
Transport contract
Subject to the provisions of this Chapter, the conclusion and performance of a transport contract and the provision of information and tickets shall be governed by the provisions of Title II and Title III of Annex I.


Article 5
Non-discriminatory conditions of transport contract
Without prejudice to social tariffs, railway undertakings
, tour operators
 or ticket vendors shall offer 
transport
 contract 
and ticketing
 conditions and tariffs to the general public 
and shall sell tickets, through-tickets and accept reservations from passengers in line with Article 10 of this Regulation,
 without direct or indirect discrimination on the basis of the final customer’s

passenger's
 nationality or residence, or the place of establishment of the railway undertaking
, tour operators
 or ticket vendor within the Union 
or the means through which passengers bought the ticket
. [Am. 55]



Article 6
Bicycles
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations.

including on high-speed, long distance, cross-border and local services. All new or refurbished passenger trains shall at the latest by … [two years after the date of entry into force of this Regulation] include a well indicated designated space for
 the carriage of 
assembled
 bicycles may be refused or restricted for safety or operational reasons, provided that

with a minimum of eight spaces.
 Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers 
shall
 inform passengers 
at the latest when purchasing the ticket
 of the conditions for such a refusal or restriction

bicycle carriage on all services
 in accordance with Regulation (EU) No 454/2011. [Am. 56]



Article 7
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 restrictive clause in the transport contract. 
Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger
. [Am. 57]



2.   Railway undertakings
, tour operators or ticket vendors
 may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation. [Am. 58]




Article 8
Obligation to provide information concerning discontinuation of services
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, 
and without delay,
 including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX (14), 
and in Regulation (EU) No 1300/2014
, and 
in good time
 before their implementation, 
proposals
 to discontinue 
or substantially reduce
 services either permanently or temporarily, 
and shall ensure that those proposals are subject to meaningful and proper consultation with stakeholders before any implementation takes place. [Am. 59]



Article 9
Travel information

1.   Railway undertakings
, tour operators
 and ticket vendors offering transport contracts on 
their own
 behalf 
or 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 transport 
contracts are
 offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available. 
In order to ensure compliance with this Regulation, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. [Am. 60]



2.   Railway undertakings, and, where possible,

and where applicable,
 ticket vendors shall provide the passenger during the journey, including at connecting stations, with at least the information set out in Annex II, Part II. 
In order to ensure compliance with this Regulation, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. [Am. 61]



3.   The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using

by railway undertakings, tour operators and ticket vendors to passengers using easily accessible, commonly used and, concerning paragraph 2, in real-time,
 up-to-date communication technologies
, and in writing, where possible
, 
in order to provide passengers with all the information required by Annex II to this Regulation.
 Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and, Regulation (EU) No 454/2011 
and Regulation (EU) No 1300/2014
. 
The availability of formats accessible to persons with reduced mobility shall be clearly advertised
. [Am. 62]



4.   
Railway undertakings,
 station managers and infrastructure managers shall make real-time data relating to trains, including those operated by other railway undertakings 
publicly
 available to railway undertakings and ticket vendors, in a non-discriminatory manner

in real-time so as to eliminate any discrimination between passengers
. [Am. 63]





4a.
   
Railway undertakings in cooperation with station managers and infrastructure managers shall indicate in timetables information about accessible train connections and stations. [Am. 64]




Article 10
Availability of tickets, through-tickets and reservations

1.   Railway undertakings and ticket vendors shall offer tickets and, where available, through-tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and

or involving night trains and journeys
 with more than one railway undertaking. [Am. 65]



2.   Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale:






(a)


ticket offices or ticketing machines;










(b)


telephone, the internet or any other widely available information technology;










(c)


on board trains.





Member States

Competent authorities referred to in Regulation (EC) No 1370/2007 of the European Parliament and of the Council
 (15) may require railway undertakings to provide tickets for services provided under public service contracts through more than one point of sale. [Am. 66]



3.   Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on 
well


justifiable
 grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds
, including limitation on space or seat availability
. [Am. 67]



4.   Where there is no ticket office or ticketing machine in the station 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 ticketing machines are available.






5.   Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobility

or any other means of purchasing tickets in advance, passengers
 shall be permitted to buy tickets on board the train at no extra cost. [Am. 68]



6.   Where a passenger receives separate tickets for a single journey 
or combined journey
 comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey 
or combined journey
 from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor. [Am. 140]






Article 10a




Provision of travel information through application programming interfaces





1.
   
Railway undertakings shall provide non-discriminatory access to all travel information, including real-time operational information on timetables and tariffs data, as referred to in Article 9, through application programming interfaces (APIs).






2.
   
Railway undertakings shall provide tour operators, ticket vendors and other railway undertakings, selling their service, non-discriminatory access to reservation systems through APIs, so that they can conclude transport contracts and issue tickets, through-tickets and reservations, in such a way that they provide the most optimal and cost-effective journey, including cross-border.






3.
   
Railway undertakings shall ensure that the technical specifications of the APIs are well-documented and openly accessible at no charge. The APIs shall make use of open standards, commonly used protocols and machine-readable formats to make them interoperable.






4.
   
Railway undertakings shall ensure that, except for emergency situations, any change to the technical specification of their APIs is made available to tour operators and ticket vendors in advance as soon as possible and no less than three months before a change is implemented. Emergency situations shall be documented and documentation shall be made available to the competent authorities upon request.






5.
   
Railway undertakings shall ensure that access to the APIs is provided in a non-discriminatory way, at the same level of availability and performance, including support, access to all documentation, standards, protocols and formats. Tour operators and ticket vendors shall not be disadvantaged as compared to the railway undertakings themselves.






6.
   
APIs shall be established in accordance with Commission Delegated Regulation (EU) 2017/1926
 (16)
. [Am. 70]



CHAPTER III
LIABILITY OF RAILWAY UNDERTAKINGS FOR PASSENGERS AND THEIR LUGGAGE

Article 11
Liability for passengers and luggage
Subject to the provisions of this Chapter, and without prejudice to applicable national law granting passengers further compensation 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 12
Insurance and coverage of liability in the event of passenger death or personal injury
A railway undertaking shall be adequately insured, in accordance with Article 22 of Directive 2012/34/EU and on the basis of an assessment of its risks, or make equivalent arrangements for cover of its liabilities under this Regulation.


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.


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


3.   An advance payment shall not constitute recognition of 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 payment 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 compensation for damage from third parties.

CHAPTER IV
DELAYS, MISSED CONNECTIONS AND CANCELLATIONS

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 cancellations shall be governed by Chapter II of Title IV of Annex I.


Article 16
Reimbursement and re-routing

1.   Where it is reasonably to be expected, either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 60 minutes 
or cancelled
, the passenger shall immediately have the choice between one of the following: [Am. 71]







(a)


reimbursement of the full cost of the ticket, under the conditions 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 relevant, 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;










(b)


continuation or re-routing, under comparable transport conditions 
and at no additional costs
, to the final destination at the earliest opportunity, 
including in the event of missed connection due to delay or cancellation of the passengers’ earlier leg in the course of a journey. In such case, the passenger shall be allowed on the next service available to the final destination even if there is no specific reservation or the next train is operated by another railway undertaking
; [Am. 72]











(c)


continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience 
but no later than one month after the re-establishment of service
. [Am. 73]







2.   For the purposes of point (b) of paragraph 1, comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of 
land
 transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available. [Am. 74]



3.   Re-routing transport service providers shall pay particular attention to providing

provide to
 persons with disabilities and persons with reduced mobility with a comparable level 
of assistance and
 of accessibility to the

when offering an
 alternative service. 
This alternative service may be common to all passengers or it may, upon decision of the carrier, be an individual means of transport adapted to the specific needs of certain persons with disabilities or with reduced mobility. [Am. 75]




Article 17
Compensation of the ticket price

1.   Without losing

Whilst keeping
 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 in the transport contract

on the ticket or tickets representing a single or several transport contracts
 for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:






(a)



25 %

50 %
 of the ticket price for a delay of 60 to 90 minutes;










(b)



50 %

75 %
 of the ticket price for a delay of 
91 minutes to
 120 minutes or more;












(ba)






100 % of the ticket price for a delay of 121 minutes or more. [Am. 76]







2.   Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass, 
reduction card
 or season ticket, they may request adequate compensation in accordance with the 
arrangements set out in points (a), (b) and (ba) of paragraph 1.

railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements.
[Am. 77]



3.   Compensation for 
cancellation or
 delay shall be calculated in relation to the full price which the passenger actually paid for the 
cancelled or
 delayed service. Where the transport contract is for a return journey, compensation for 
cancellation or
 delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket. In the same way the price for a 
cancelled or
 delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price. [Am. 78]



4.   The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territories of the Union.


5.   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.


6.   The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed 
EUR 5
 per ticket. [Am. 79]



7.   Passengers shall not have any right to compensation if he is

they are
 informed of a delay before he buys

buying
 a ticket, or if a delay due to continuation on a different service or re-routing remains below 60 minutes. [Am. 80]




8.   A railway undertaking shall not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service and could not have been foreseen or prevented even if all reasonable measures had been taken.
[Am. 81]




Article 18
Assistance

1.   In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time, by the railway undertaking, ticket vendors or by the station manager
, in accordance with Article 9
, as soon as such information is available. [Am. 83]



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 taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;










(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 additional stay becomes necessary, where and when physically possible
, the access requirements of persons with disabilities and persons with reduced mobility and the needs of certified service animals being taken into account
; [Am. 84]











(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 physically possible.






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


4.   
With regard to the affected passengers,
 railway undertakings shall 
offer to

, at the request of the passenger, certify 
on their tickets
 or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be. 
This certification shall apply in connection with the provisions laid down in Article 17, subject to the proof by the passenger holding a travel pass or season ticket that he or she was travelling on the affected service
. [Am. 85]



5.   In applying paragraphs 1, 2, 3 and 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities, and persons with reduced mobility, and any accompanying persons 
and certified service animals
. [Am. 86]



6.   In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations

, Member States, railway undertakings, station managers and infrastructure managers shall cooperate to ensure that contingency plans referred to in Article 13a(3) of Directive 2012/34/EU include requirements for the accessibility of alert and information systems
. [Am. 87]





Article 19


Right of redress


Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
[Am. 88]


CHAPTER V
PERSONS WITH DISABILITIES AND PERSONS WITH REDUCED MOBILITY

Article 20
Right to transport

1.   Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non-discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog

a certified service animal or an accompanying person free of charge if independent mobility is not possible,
 in accordance with any relevant national rules, 
and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate wherever possible. [Am. 89]



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





Article 20a




Railway undertakings and station managers shall, when complying with the TSI for persons with reduced mobility, also ensure that the station, platforms, rolling stock and other facilities are accessible to persons with disabilities and persons with reduced mobility. [Am. 90]



Article 21
Information to persons with disabilities and persons with reduced mobility

1.   Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information, including in accessible formats in accordance with the accessibility requirements laid down in Regulation (EU) No 454/2011 and Directive XXX 
and Regulation (EU) No 1300/2014
, on the accessibility of the station and associated facilities, rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 20(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board. [Am. 91]



2.   When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person 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. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to

shall
 propose an alternative transport option to the person in question taking into account his or her accessibility needs. [Am. 92]




Article 22
Assistance at railway stations

1.   On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing 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 20(1). 
The booking of assistance shall always be done without extra cost, irrespective of the communication channel being used. [Am. 93]



2.   In the absence of 
accompanying staff on board a train or
 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 
in conformity with the accessibility requirements of Directive XXX [European Accessibility Act] and Regulation (EU) No 454/2011. [Am. 94]



3.   In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX, 
and in Regulation (EU) No 1300/2014
 is displayed in accordance with the access rules referred to in Article 20(1) regarding the nearest staffed stations and directly available assistance for persons with disabilities 
and
 persons with reduced mobility. [Am. 95]




4.   Assistance shall be available in stations during all times when rail services operate.
[Am. 96]




Article 23
Assistance on board

1.   Without prejudice to the access rules as referred to in Article 20(1), railway undertakings shall provide persons with disabilities and persons with reduced mobility assistance free of charge on board a train and during boarding and disembarking from a train.


2.   In the absence of accompanying staff on board a train, railway undertakings shall make reasonable efforts to

nevertheless
 enable persons with disabilities or persons with reduced mobility to have access to travel by rail. [Am. 97]



3.   For the purposes of this Article, assistance on board shall consist of all reasonable efforts to offer assistance to A person with disabilities or a person with reduced mobility 
must be offered assistance
 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 independently and in safety. [Am. 98]




4.   Assistance shall be available on board trains during all times when rail services operate.
[Am. 99]




Article 24
Conditions under which assistance is provided
Railway undertakings, station managers, ticket vendors and tour operators shall cooperate in order to provide assistance 
free of charge
 to persons with disabilities and persons with reduced mobility in line with Articles 20 and 21 in accordance with the following points: [Am. 100]







(a)


assistance 
in stations
 shall be provided 
during times rail services operate
 on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours

at least 12 hours
 before the assistance is needed. 
In stations where daily traffic exceeds 10 000 passengers per day, no pre-notification is needed, however, the person in need of assistance shall be at the respective station at least 30 minutes before the departure of the train. In stations where daily traffic is between 2 000 and 10 000 passengers per day, the notification shall be reduced to maximum three hours.
 Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey; [Am. 101]











(b)


railway undertakings, station managers, ticket vendors and tour operators shall take all measures necessary for the reception 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 person with disabilities or person with reduced mobility may travel;










(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 persons with disabilities and persons with reduced mobility can make known their arrival at the railway station and, if need be, request assistance;










(e)


assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself

themselves
 at the designated point at a time stipulated by the railway 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 person with disabilities 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.
[Am. 102]







Article 25
Compensation in respect of mobility equipment, other specific equipment or assistive devices

1.   Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogs

certified service animals
 used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage 
as soon as possible
. [Am. 103]



2.   The compensation referred to in paragraph 1 shall be 
paid in a timely manner and shall be
 equal to the 
full
 cost of replacement or

based on the actual value,
 or 
on the full costs of
 repair of the 
wheelchair,
 equipment or devices lost or damaged
, or the loss or injury of the certified service animal. The compensation shall also cover the costs of temporary replacement in case of repair, where such costs are borne by the passenger. [Am. 104]



3.   Where necessary, railway undertakings and station managers shall make every reasonable effort rapidly to provide temporary replacements for specific equipment or assistive devices, which shall, where possible, have technical and functional features equivalent to those lost or damaged. The person with disabilities or reduced mobility shall be permitted to keep the temporary replacement equipment or device until the compensation referred to in paragraphs 1 and 2 has been paid.



Article 26
Staff training
Railway undertakings and station managers shall:






(a)


ensure that all personnel

staff
, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility, 
receive disability-related training in order to
 know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments; [Am. 105]











(b)


provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling public;










(c)


ensure that, upon recruitment, all new employees

staff who will deal directly with the travelling public
 receive 
an introduction to disability-related issues for passengers and the railway undertaking, and that employees who provide direct assistance to passengers with reduced mobility receive
 disability-related training and that personnel attend regular refresher training courses; [Am. 106]











(d)



accept upon request

may accept
 the participation, in the training, of employees with disabilities, 
and consider the participation of
 passengers with disabilities and with reduced mobility, 
and/or organisations representing them
. [Am. 107]






CHAPTER VI
SECURITY, COMPLAINTS AND QUALITY OF SERVICE

Article 27
Personal security of passengers
In agreement with public authorities, railway undertakings, infrastructure managers and station managers shall take adequate measures 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.


Article 28
Complaints

1.   All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each

shall
 set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers. 
Passengers should be able to file complaints in the official language(s) of the Member State in which the respective railway undertaking, ticket vendor and station manager are established and in any event in English. [Am. 108]



2.   Passengers may submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager

or station manager
 involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date

that the passenger will get a reply
 within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request. [Am. 109]



3.   Details of the complaint handling procedure shall be 
easily available to passengers and
 accessible to persons with disabilities and persons with reduced mobility. 
This information shall be available upon request in the official language(s) of the Member State in which the railway undertaking is established. [Am. 110]



4.   The railway undertaking shall publish in the annual report referred to in Article 29 the number and categories of received complaints, processed complaints, response time and possible improvement actions undertaken.




4a.
   
The Commission shall adopt implementing acts setting out a standardised Union complaint form for passengers to use in order to apply for compensation in accordance with this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37a(2). [Am. 111]




Article 29
Service quality standards

1.   Railway undertakings and station managers shall establish service quality standards 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 and station managers shall monitor their own performance as reflected in the service quality standards. Railway undertakings shall each year publish a report on their service quality performance together with their annual report. Railway undertakings shall publish the reports on service quality performance on their website. In addition, these reports shall be made available on the website of the European Union Agency for Railways.




2a.
   
Railway undertakings and station managers actively cooperate with organisations representing persons with disabilities to improve the quality of accessibility of transport services. [Am. 112]



CHAPTER VII
INFORMATION AND ENFORCEMENT

Article 30
Information to passengers about their rights

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

information
, in either paper or electronic format or by any other means, including in accessible formats for persons with disabilities and persons with reduced mobility in accordance with the requirements laid down in Directive XXX. That notice shall specify

Regulation (EU) No 1300/2014 that specifies
 where such information can be obtained in the event of cancellation, missed connection or long delay. [Am. 113]



2.   Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX

Regulation (EU) No 1300/2014
, at the station and, on the train 
and on their website
, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31. [Am. 114]




Article 31
Designation of national enforcement bodies
Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Each body shall take the measures necessary to ensure that the rights of passengers are respected.
Each body shall be independent in its organisation, funding decisions, 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 bodies designated in accordance with this Article and of its or their respective responsibilities 
and shall publish them in a suitable place on their website
. [Am. 115]



Article 32
Enforcement tasks

1.   The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request 
without delay and in any event within one month
. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on

Member States shall ensure that national
 enforcement actions based on

and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of
 individual complaints transmitted by such a body

from passengers under this Regulation
. [Am. 116]



2.   The national enforcement bodies shall 
each year
 publish 
reports with
 statistics on their activity

websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions
, including on

the
 sanctions 
that they have
 applied., every year, at the latest at the end

This shall be done for each year by no later than the first day
 of April of the following calendar

succeeding
 year. 
In addition, these reports shall be made available on the website of the European Union Agency for Railways. [Am. 117]



3.   Railway undertakings shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.




3a.
   
The national enforcement bodies, in collaboration with representative organisations of persons with disabilities and persons with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible and commonly used formats. [Am. 118]




Article 33
Complaint-handling by national enforcement bodies

1.   Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. 
Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on, and effectively enforceable against, them. [Am. 119]



2.   Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. 
Complaints may also be made by organisations representing groups of passengers
. [Am. 120]



3.   The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger 
or organisation representing passengers
 of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail 
and the use of online dispute resolution in accordance with Regulation (EU) No 524/2013 may be made available with the agreement of all parties involved
. [Am. 121]

The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility.


4.   Passenger complaints about an incident involving a railway undertaking shall be handled by the national enforcement body of the Member State that granted that undertaking’s licence.


5.   Where a complaint relates to alleged violations by station or infrastructure managers, the national enforcement body shall be that of the Member State on whose territory the incident occurred.


6.   In the framework of cooperation pursuant to Article 34 national enforcement bodies may derogate from paragraphs 4 or 5 where for justified reasons, in particular language or residence, this is in the passenger’s interest.





Article 33a




Independent conciliation bodies




The Member States shall install well-equipped independent conciliation bodies that will be easily accessible and affordable for passengers in case of conflicts with railway undertakings and ticket vendors on the enforcement of their rights. [Am. 122]



Article 34
Exchange of information and cross-border cooperation between national enforcement bodies

1.   Where different bodies are designated under Articles 31 and 33, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 33 can collect the information necessary to examine individual complaints.


2.   National enforcement bodies shall exchange information on their work and decision-making principles and practice for the purpose of coordination. The Commission shall support them in this task.


3.   The national enforcement bodies shall follow the procedure set out in Annex IV.


CHAPTER VIII
FINAL PROVISIONS

Article 35
Penalties

1.   Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive
, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher
. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. [Am. 123]



2.   In the framework of cooperation referred to in Article 34 the national enforcement body which is competent for the purposes of Article 33(4) or (5) shall, upon request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose sanctions.



Article 36
Delegation of powers
The Commission is empowered to adopt delegated acts in accordance with Article 37 in order to:






(i)


adjust the financial amounts referred to in Article 13 in light of inflation;










(ii)


amend Annexes I, II and III in order to take account of amendments to the CIV Uniform Rules and technological developments in this area.






Article 37
Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.


2.   The power to adopt delegated acts referred to in Article 36 shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.


3.   The delegation of power referred to in Article 36 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.


5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


6.   A delegated act adopted pursuant to Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.





Article 37a




Committee procedure





1.
   
The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.






2.
   
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [Am. 124]




Article 38
Report
The Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation by … [five years after the adoption of this Regulation].
The report shall be based on information to be provided pursuant to this Regulation. The report shall be accompanied where necessary by appropriate proposals.


Article 39
Repeal
Regulation (EC) No 1371/2007 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.


Article 40
Entry into force
This Regulation shall enter into force on the twentieth day following that 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 …,


For the European Parliament


The President




For the Council


The President





(1)  OJ C 197, 8.6.2018, p. 66.

(2)  Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).

(3)  Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, p. 11).

(4)  
Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).



(5)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

(6)  
Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).



(7)  
Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).



(8)  
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).



(9)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(10)  OJ L 123, 12.5.2016, p. 1.

(11)  
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).



(12)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).

(13)  Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1).

(14)  Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).

(15)  
Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (OJ L 315, 3.12.2007, p. 1).



(16)  
Commission Delegated Regulation (EU) 2017/1926 of 31 May 2017 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information services (OJ L 272, 21.10.2017, p. 1).





ANNEXES
 



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
TITLE II
CONCLUSION AND PERFORMANCE OF THE CONTRACT OF CARRIAGE

Article 6
Contract of carriage

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

1.   The General Conditions of Carriage shall determine the form and content of tickets as well as the language and characters 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 passenger to assert the rights resulting from this contract.






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


4.   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.


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



Article 9
Right to be carried. Exclusion from carriage

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

TITLE III
CARRIAGE OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES
Chapter 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 accordance with the General Conditions of Carriage. Moreover, the passenger may take with him cumbersome articles in accordance 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.


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


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



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.


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

Chapter II
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.

Chapter III
Registered luggage

Article 16
Consignment of registered luggage

1.   The contractual obligations relating to the forwarding of registered luggage must be established by a luggage registration 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.


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

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










(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.






3.   The passenger must ensure, on receipt of the luggage registration voucher, that it has been made out in accordance 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 registered luggage shall apply mutatis mutandis to the consignor of registered luggage.


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


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



Article 22
Delivery

1.   Registered luggage shall be delivered on surrender of the luggage registration voucher and, where appropriate, on payment 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.


2.   It shall be equivalent to delivery to the holder of the luggage registration voucher if, in accordance with the prescriptions 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.






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


4.   Failing surrender of the luggage registration voucher, the carrier shall only be obliged to deliver the luggage to the person 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.


6.   The holder of a luggage registration voucher whose luggage has not been delivered may require the day and time to be endorsed on the voucher when he requested delivery in accordance with paragraph 3.


7.   The person entitled may refuse to accept the luggage if the carrier does not comply with his request to carry out an examination of the registered luggage in order to establish alleged damage.


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


Chapter IV
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

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






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

TITLE IV
LIABILITY OF THE CARRIER
Chapter 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 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)


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.


4.   These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in paragraph 1.


5.   If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to 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.






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.


Article 30
Form and amount of damages in case of death and personal injury

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 carriage, 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 arising 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 passengers are carried by another mode of transport, the carrier shall be liable pursuant to these Uniform Rules.


Chapter II
Liability in case of failure to keep to the timetable

Article 32
Liability in case of cancellation, late running of trains or missed connections

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.


2.   The carrier shall be relieved of this liability, when the cancellation, late running or missed connection is attributable to 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 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.   National law shall determine whether and to what extent the carrier must pay damages for harm other than that provided for in paragraph 1. This provision shall be without prejudice to Article 44.


Chapter III
Liability in respect of hand luggage, animals, registered luggage and vehicles
SECTION 1
Hand luggage and animals

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 damage 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
Registered luggage

Article 36
Basis of liability

1.   The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery.


2.   The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault 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.


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

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


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 servants 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 persons 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).


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



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.


2.   The carrier must in addition refund the charge for the carriage of luggage and the other sums paid in relation to the carriage of the lost item as well as the customs duties and excise duties already paid.



Article 42
Compensation for damage

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

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


2.   In case of total loss of luggage, the compensation provided for in paragraph 1 shall not be payable in addition to that provided for in Article 41.


3.   In case of partial loss of luggage, the compensation provided for in paragraph 1 shall be payable in respect of that part of the luggage which has not been lost.


4.   In case of damage to luggage not resulting from delay in delivery the compensation provided for in paragraph 1 shall, where appropriate, be payable in addition to that provided for in Article 42.


5.   In no case shall the total of compensation provided for in paragraph 1 together with that payable under Articles 41 and 42 exceed the compensation which would be payable in case of total loss of the luggage.


SECTION 3
Vehicles

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 carrier 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 recklessly 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.

Chapter IV
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 compensation 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.


2.   The person entitled may claim interest on compensation, calculated at five per cent per annum, from the day of the 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.


4.   In the case of luggage, interest shall only be payable if the compensation exceeds 16 units of account per luggage registration 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 carriage, 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

1.   In all cases where these Uniform Rules shall apply, any action in respect of liability, on whatever grounds, may be brought against the carrier only subject to the conditions and limitations laid down in these Uniform Rules.


2.   The same shall apply to any action brought against the servants and other persons for whom the carrier is liable pursuant 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 provision shall not affect the liability of the carrier pursuant to Articles 26 and 33(1).





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 having 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.


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

1.   An action based on the liability of the carrier in case of death of, or personal injury to, passengers may only be brought against the carrier who is liable pursuant to Article 26(5).


2.   Subject to paragraph 4 other actions brought by passengers based on the contract of carriage may be brought only 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.


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



Article 58
Extinction of right of action in case of death or personal injury

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 accordance 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 designated 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

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


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










2.


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.


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










2.


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

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






2.   The period of limitation for other actions arising from the contract of carriage shall be one year. Nevertheless, the period of limitation shall be two years in the case of an action for loss or damage resulting from an act or omission committed 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

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

1.   A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse against the carriers 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.






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


2.   A carrier exercising his right of recourse must present his claim in one and the same proceedings against all the carriers 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.


6.   Recourse proceedings may not be joined with proceedings for compensation taken by the person entitled under the contract of carriage.



Article 64
Agreements concerning recourse
The carriers may conclude agreements which derogate from Articles 61 and 62.





ANNEX II
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS AND 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 
all available fares, including
 the lowest fares

ones [Am. 125]











—


Accessibility, access conditions and availability on board of facilities for persons with disabilities and persons with reduced mobility in accordance with the accessibility requirements laid down in Directive XXX










—


Access conditions

arrangements
 for bicycles [Am. 126]











—


Availability of seats 
for all applicable fares
 in smoking and in non-smoking 
(and, where applicable, smoking)
, first and second class as well as couchettes and sleeping carriages [Am. 127]











—



Any activities likely to disrupt or delay services

Disruptions and delays (planned and in real time) [Am. 128]











—


Availability of on-board services
, including Wi-Fi and toilets [Am. 129]











—


Procedures for reclaiming lost luggage










—


Procedures for the submission of complaints





Part II: Information during the journey







—


On-board services
, including Wi-Fi [Am. 130]











—


Next station










—



Delays

Disruptions and delays (planned and in real time) [Am. 131]











—


Main connecting services










—


Security and safety issues








ANNEX III
MINIMUM SERVICE QUALITY STANDARDS
I.   Requirements concerning railway undertakings
By 30 June of each year, railway undertakings shall publish on their website the service quality report corresponding to the previous business year and send it to the national enforcement body and to the European Union Agency for Railways for publication on its website. The undertaking shall publish on its website the report in its official national language(s) and, if possible, also in other Union languages, including a summary in English.
The service quality reports shall include information on at least the following:






1)


Punctuality of services, and general principles of how railway undertakings cope with disruptions to services






(a)


delays






(i)


overall average delay of services as a percentage per category of service (international, domestic long-distance, regional and urban/suburban);










(ii)


percentage of services delayed at departure;










(iii)


percentage of services delayed at arrival:






—


percentage of delays of less than 60 minutes;










—


percentage of delays of 60-119

91-120
 minutes; [Am. 132]











—


percentage of delays of 120 minutes or more;


















(b)


cancellations of services
cancellation of services as a percentage per category of service (international, domestic long-distance, regional and urban/suburban);










(c)


application of the Regulation in relation to delays and cancellations of services:






(i)


number of passengers to whom care and assistance were provided;










(ii)


cost of this care and assistance provision;










(iii)


number of passengers to whom compensation was granted;










(iv)


cost of the compensation granted;


















(2)


Customer satisfaction survey
Minimum set of categories to be included:






(i)


punctuality of trains;










(ii)


information to passengers in the event of delay;










(iii)


accuracy and availability of information on trains;










(iv)


quality of maintenance/condition of trains;










(v)


level of security on trains;










(vi)


cleanliness of inside of the train;










(vii)


provision of useful information throughout the journey
, including in relation to Wi-Fi and other on-board services
; [Am. 133]











(viii)


availability of good-quality toilets on every train;










(ix)


cleanliness and maintenance of stations to a high standard;










(x)


accessibility of trains and on-board facilities, including accessible toilets;










(xi)


number of incidents and quality of assistance effectively provided to persons with disabilities and persons with reduced mobility on board in accordance with Article 24, irrespective of the prior notification of a request of assistance.














(3)


Complaint handling






(i)


number of complaints and outcome;










(ii)


categories of complaints;










(iii)


number of processed complaints;










(iv)


average response time;










(v)


possible improvements, actions undertaken.














(4)


Assistance provided to persons with disabilities and persons with reduced mobility
number of cases of assistance per category of service (international, domestic long-distance, regional and urban/suburban).










(5)


Disruptions
existence and short description of contingency plans, crisis management plans.




II.   Requirements concerning station managers and infrastructure managers
The service quality reports shall include information on at least the following:






(1)


Information and tickets






(i)


procedure for handling information requests at the station;










(ii)


procedure and means for providing information about train schedules, tariffs and platforms; quality of the information;










(iii)


display of information on rights and obligations under the Regulation and on contact details of national enforcement bodies;










(iv)


ticket-buying facilities;










(v)


availability of staff at the station to provide information and sell tickets;










(vi)


provision of information to persons with disabilities or reduced mobility;














(2)


General principles to cope with service disruptions






(i)


number of passengers to whom care and assistance were provided;










(ii)


cost of this care and assistance provision;














(3)


Description of measures in place to ensure cleanliness of station facilities (toilets, etc.)






(i)


cleaning intervals;










(ii)


availability of toilets;














(4)


Customer satisfaction survey
Minimum categories to be included:






(i)


information for passengers in the event of delay;










(ii)


accuracy, availability and accessibility of information on train times/platforms;










(iii)


level of security in the station;










(iv)


time taken to respond to information requests at stations;










(v)


availability of good quality toilets in the station (including accessibility);










(vi)


cleanliness and maintenance of stations;










(vii)


accessibility of station and station facilities
, including step-free access, escalators, elevators and luggage ramps; [Am. 134]











(viii)


number of incidents and quality of assistance provided to persons with disabilities and persons with reduced mobility at the station.












ANNEX IV
COMPLAINT-HANDLING PROCEDURE FOR NATIONAL ENFORCEMENT BODIES
In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. 
In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation (EU) 2017/2394. [Am. 135]





ANNEX V
CORRELATION TABLE






Regulation (EC) No 1371/2007


This Regulation




Article 1


Article 1




Article 1(a)


Article 1(a)




Article 1(b)


Article 1(b)




----


Article 1(c)




Article 1(c)


Article 1(d)




----


Article 1(e)




Article 1(d)


Article 1(f)




Article 1(e)


Article 1(g)




----


Article 1(h)




Article 1(f)


Article 1(i)




Article 2


Article 2




Article 2 (1)


Article 2 (1)




Article 2 (2)


----




Article 2 (3)


----




Article 2 (4)


----




Article 2 (5)


----




Article 2 (6)


----




Article 2 (7)


----




----


Article 2 (2)




----


Article 2 (3)




Article 3


Article 3




Article 3 (1)


Article 3 (1)




Article 3 (2), (3)


----




Article 3 (4)


Article 3 (2)




Article 3 (5)


Article 3 (3)




Article 3 (6)


Article 3 (4)




Article 3 (7)


Article 3 (5)




Article 3 (8)


Article 3 (6)




Article 3 (9)


Article 3 (7)




Article 3 (10)


Article 3 (8)




----


Article 3 (9)




----


Article 3 (10)




Article 3 (11)


Article 3 (11)




----


Article 3 (12)




Article 3 (12)


Article 3 (13)




Article 3 (13)


Article 3 (14)




Article 3 (14)


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Article 3 (15)


Article 3 (16)




Article 3 (16)


Article 3 (17)




Article 3 (17)


Article 3 (18)




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Article 3 (19)




Article 4


Article 4




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Article 5




Article 5


Article 6




Article 6


Article 7




Article 7


Article 8




Article 8


Article 9




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Article 9 (4)




Article 9


Article 10




Article 9 (3)


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Article 10 (5), (6)




Article 10


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Article 11


Article 11




Article 12


Article 12




Article 12 (2)


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Article 13


Article 13




Article 14


Article 14




Article 15


Article 15




Article 16


Article 16




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Article 16 (2), (3)




Article 17


Article 17




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Article 17 (8)




Article 18


Article 18




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Article 18 (6)




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Article 19




Article 19


Article 20




Article 20


Article 21




Article 21 (1)


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Article 21 (2)


Article 22 (2) and Article 23 (2)




Article 22


Article 22




Article 22 (2)


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Article 22 (4)




Article 23


Article 23




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Article 23 (4)




Article 24


Article 24




Article 25


Article 25 (1), (2), (3)




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Article 26




Article 26


Article 27




Article 27


Article 28




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Article 28 (3)




Article 27 (3)


Article 28 (4)




Article 28


Article 29




Article 29


Article 30




Article 30


Article 31




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Article 32, 33




Article 31


Article 34




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Article 34 (1), (3)




Article 32


Article 35




Article 33


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Article 34


Article 36




Article 35,


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Article 37




Article 36


Article 38




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Article 39




Article 37


Article 40




Annex I


Annex I




Annex II


Annex II




Annex III


Annex III




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Annexes IV to V