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Travellers' rights can be confusing.We've got answers.

Your rights in the event of train delayed.

Weclaim's world-class travel legal experts have prepared practical answers to the most common questions you may have regarding your rights pursuant to EU 1371/2007 Regulation if you experienced a disrupted train journey to or from Europe. If you don't find the answer to your question, contact us or check the amount you are entitled to free of charge now.

What to do if your Travel

When will my EU 1371 claim become time-barred?

The EU 261 Regulation does not provide an harmonised statute of limitation periods for filing a claim.

As such, the domestic law of the signatories thereto (EU Member States) will apply.

The applicable statute of limitation period therefore depends on the country with jurisdiction over your claim.

In France the limitation period is 5 years.

Find here the various limitation periods and jurisdiction rules

If the carrier offers me a voucher instead of a bank transfer, am I obliged to accept?

No. You are completely free to choose to be compensated in cash.

If the carrier refuses to pay you, start a claim with us today.

If my journey is disrupted due to technical issues, am I entitled to compensation?

Yes. The EU Regulation does not set out any exonerating cirucmstances under which compensation will not be due, including technical problems.

Are strikes considered extraordinary cirucmstances under the EU 1371 Regulation?

Yes. The EU 1371 Regulation does not set out any exonerating circumstances under which compensation will not be due, including internal or external strikes.

Can I make a claim for any extra losses not covered by fixed compensation amounts provided by the EU 1371 Regulation?

Yes. If you have suffered any particular losses, you can make a claim for extra damages or the refund of the various expenses made as a result of the delay, as long as these expenses were reasonably foreseeable by the company. For example:

  • Partial/total loss of a car rental reservation;
  • Partial/total loss of a hotel reservation;
  • Moral damages if the delay is exceptionally long.

Does the EU 1371 Regulation apply to my train?

The EU 1371 Regulation will apply in the following situations:

  • All journeys for which the departure (train station) is located within an EU Member State, regardless of the nationality of the carrier;

OR

  • All journeys for which the arrival train station is located within an EU Member State, as long as the carrier is based within the EU. In this scenario, the point of departure is indifferent. In the case of an indirect journey, only the final destination matters.

A question or query? Check your compensation eligibility with our online simulator and see what compensation you can get!

When can the company refuse to compensate me under EU 1371?

There are no circumstances under which the train company can legitimately refuse to compensate you. The European Court of Justice has held that "a railway undertaking may not include in its general terms and conditions of carriage a clause under which it is exempt from its obligation to pay compensation in the event of a delay where the delay is attributable to force majeure."

You can read the entire decision here

Are adverse weather conditions considered extraordinary circumstances under EU 1371?

No. The EU 1371 Regulation does not set out any exonerating circumstances under which compensation will not be due, including adverse weather conditions.

How much am I entitled to under the EU 1371 Regulation?

You are entitled to a 25% refund of the ticket price from the first hour of the delay. Your compensation will vary according to the length of the delay in arriving at your final destination. Here's a chart setting out the compensation regime.

N.B.: An exception exists in France, whereby SNCF offers a voucher of 25% of the ticket price in the event of a delay of more than 30mn and will pay you can a compensation of 75% of the ticket price if your train has been delayed by more than 3 hours.

A question or query? Check your compensation eligibility with our online simulator and see what compensation you can get!

Ready to get cash compensation?

If you experienced a travel disruption in the past five years, you might be owed some money. Give us your travel details and you’ll discover instantly how much you can get.