The passengers rights and the carrier’s obligations in the rail transport

Yesterday, 07.17.2017, Frecciarossa Salerno-Milano n ° 9514 has been blocked for over three hours inside a tunnel, in the section between Castle and San Piero a Sieve, and then hauled by another locomotor in Florence – SMN station.

Based on the reconstruction of the passengers on board, it seems that the train is left in the dark and without air conditioning, due to the absence of electricity, and no operator has informed the passengers about the real causes that had led to the arrest of the train, nor have offered their assistance while waiting.

This case raises a few questions: what are the rights of passengers and the obligations of the carrier? In case of late arrival, the former may ask according to the ticket refund? In the event of damage during the trip, the passenger may seek compensation for it?

The rights and obligations of passengers and the rail carrier

As mentioned in the previous article concerning the international law on the rights of travelers , the rights and obligations of passengers are governed by EC Reg. No. 1371/2007 and the Berne Convention (or COTIF) of 05.09.1980 – respectively, in Europe and internationally – as well as by national and regional laws of each state.

Here we analyze the rights and obligations prescribed only by the international and European law, valid in all signatory countries of the Convention of Bern or outside the European Union.

The rights and obligations of passengers

The passengers, to take advantage of rail transport and related rights, have the ‘ obligation to:

• purchase the travel document (ticket, pass, pass, etc.), which is evidence of the conclusion of the contract of carriage of acceptance of its terms and conditions;
• keep it on the trip and show it at the request of the controller, otherwise the interruption of the service (and the consequent obligation to get off at the next station);
• comply with the general conditions of carriage.

Conversely, the purchase of the ticket in favor of passengers determines the existence of rights similar to those provided in the transport airplane  and maritime , resulting obligation for the rail carrier, to ensure their implementation:

• all the ‘right information ;
• Travel insurance entitlement, borne by the railway undertakings;
• right to ‘ care , by individuals with disabilities;
• the right to ‘ compensation and assistance in case of delay of the train;
• the right to compensation in case of damage to the passenger and / or goods transported.

The obligations of the rail carrier

The existence of the rights listed above, as mentioned, determines a load of the rail carrier the corresponding obligation to ensure its implementation.

In particular:

• in case of DELAY , the carrier is obliged to provide passengers:
  1. Service : meals, free drinks in case of delay of more than an hour and – possibly – the night in a nearby hotel;
  2. a compensation equal to:
     • 25% of the ticket price, in case of delay of between 1 and 2 hours.
     • 50% of the ticket price in case of delay of more than two hours.

If passengers decide to break your journey , in case of expected arrival late more than 60 minutes, may request either:

1. reimbursement of the ticket price for the part of the journey not made;
2. the continuation or re-routing to the final destination, without prejudice to the right to compensation for a percentage of the ticket price, calculated based on the accumulated delay.

However, they will not be entitled to compensation if the air carrier informs them of the delay before the purchase of the ticket.

• If DAMAGES suffered by:
  1. the passengers , the carrier shall be presumed responsible and, therefore, is obliged to compensate them, unless it proves that the accident was due to:
     • extraneous causes, which are inevitable, despite the use of ordinary diligence;
     • fault or abnormal behavior of the traveler;
     • the third party inevitable;
  2. the goods transported : the European Regulation mentioned above provides that in case of destruction, loss or damage, the airline is obliged to compensate the single passenger to:
     • 40 SDR (Special Drawing Rights. DSP 1 = 1.22 euros) per kilogram or 600 SDRs for each package in case of checked baggage to the carrier;
     • 700 DSP in the fall not to checked baggage.

IN SUMMARY

Passengers in possession of valid travel document has the right to obtain from the rail carrier guarantees the following rights prescribed by international and European legislation:

• information ;
• travel insurance, paid by the railway companies;
• assistance  in favor of persons with disabilities;
• compensation and assistance in case of delay of the train;
• compensation in case of damage to the passenger and / or goods transported.

The law firm provides legal assistance Advocate Coscia judicial and extrajudicial all travelers who feel they boast borne by the rail carrier the right to ‘ compensation or damages suffered (the person or property carried) in relation to the voyage performed .

• Condividi su