Rail passenger rights
Last update
By virtue of the European Union's commitments in the area of rail transport, you enjoy a high level of protection.
According to the common rules currently in force, you may claim compensation in the following cases:
- cancellations or significant delays;
- problems with your baggage;
- injury or death as a result of an accident.
At the same time, special rules provide for specific protection in the case of:
Who is concerned
Parties involved
Any person travelling to or from the European Union on trains that are operated by European railway undertakings (e.g. the Luxembourg National Railway Company (Société des chemins de fer luxembourgeois – CFL)).
In the event of the death of a passenger travelling by rail, their possible rightful claimants may also claim a right to compensation.
Ineligible trains
In certain EU countries, these compensation rules do not apply to the following:
- urban, suburban, regional trains;
- domestic long-distance train travel;
- trains operated solely for historical or tourism purposes;
- international trains:
- whose destination is a non-EU country;
- for which the majority of the journey occurs outside the EU;
- that have at least one scheduled stop outside the EU.
Prerequisites
To assert your rights, you must have:
- a confirmed booking for your journey (ticket indicating the exact departure date and time); or
- a transport card / travel pass for a regular service.
Deadlines
Failure to honour your traveller's rights
If you believe that your rights have been violated, you may file a claim with the transport operator within one year.
Once the rail transport operator receives your claim, it has:
- one month to deny or accept your reasoned claim; or
- 3 months to provide you with its final response, depending on the situation. You are therefore aware of the date on which you will receive a response.
Baggage damaged as a result of a fault or negligence on the part of the transport operator
The transport operator must:
- immediately draft a report;
- provide you or your beneficiary with a copy free of charge.
You or your beneficiary then have one year to apply to the transport operator for compensation for the damage.
If you disagree with the content of the transport operator's report, you may request that a specialist issue an assessment of:
- the condition of the baggage;
- the cause and amount of the damage.
This specialist will be appointed:
- by the transport operator; or
- by you or your beneficiary; or
- by a court of law.
This procedure is subject to the legislation of the State where the finding takes place.
Loss of luggage
Baggage is deemed lost as of the 14th day after the scheduled date of delivery. You have one year to send the transport operator your claim regarding this.
Injury/death of a traveller
As an injured traveller, you may claim damages within 3 years of the day after the date the injury occurred.
As the beneficiary of a person who dies during a train journey, you have:
- one year after learning of the death to report it to the transport operator;
- 3 years to file a claim for damages;
- a maximum of 5 years to complete these procedures.
How to proceed
Right to information
The rail transport operator is required to disclose to you, in any of the official languages of the European Union institutions:
- information relating to passengers' rights (schedules and terms and conditions for all available fares and for the fastest trip, accessibility features and on-board equipment, complaint and claim procedures, etc.) when the tickets are sold; and
- all pertinent information (stops, disruptions, safety aspects, main connections, real-time information if the train is delayed) throughout your trip.
Assistance for disabled people and people with reduced mobility
Denial of boarding
If you have a disability or reduced mobility, you are entitled to book and receive a ticket without having to pay a surcharge to the transport operator because of your disability.
However, for strictly necessary safety reasons, the rail transport operator may decide not to allow you to board.
Obligation to provide assistance
If you have a disability or reduced mobility, you have the right to receive assistance free of charge from the:
- rail transport operators;
- train station managers;
- ticket vendors;
- tour operators.
At least 48 hours before your scheduled departure time, you must notify them by any means that you will need assistance:
- special needs; and
- required services.
If your ticket allows you to take several trips, one notification will suffice.
You should then report to:
- the location specified by the transport operator:
- inside; or
- outside the train station;
- at the time specified in writing by the transport operator, which should be no earlier than 60 minutes before the train's scheduled departure time; or
- if no time is specified, at least 30 minutes before the scheduled departure time, or sooner if agreed upon in advance.
Even if you forget to provide notice of your need for assistance, the railway company and the station manager must provide you with reasonable assistance during the journey.
Cancellation or delay
Information
If your train's arrival or departure is delayed, you must be informed of:
- the situation as soon as this information is available;
- the estimated times of departure and arrival.
Depending on the situation, you may ask the rail transport operator to certify on the ticket:
- a delay; or
- the impossibility of making a connection; or
- the cancellation of the planned journey.
If your train is cancelled or delayed by more than 60 minutes, you have a choice between:
- free re-routing, under comparable conditions of transport, to your final destination:
- as quickly as possible; or
- at a later date, at your convenience; or
- a refund of the price of your ticket and, if need be, free transport for your re-routing, as quickly as possible, to your initial point of departure.
Conditions of compensation
If your train is cancelled, you may:
- agree to receive compensation in the form of vouchers and/or other services (if the terms and conditions are flexible, in particular as regards the period of validity and the destination); and
- demand a refund in cash for:
- the unused segment(s) of the trip;
- the completed segment(s) of the trip, if the trip is no longer of interest given the initial travel plan.
Your ticket must be reimbursed in full within one month of when you file your claim for compensation.
If your train is delayed, you will receive compensation in an amount that depends on the price you actually paid for the service in question.
Compensation may not be possible if the amount to be paid as compensation is too small. The transport operator may set a minimum threshold, of no more than EUR 4, below which no compensation is paid.
If your train arrives late at your destination, you are entitled to compensation in the amount of:
- 25% of the ticket price in the event of a delay of between 60 and 119 minutes;
- 50% of the ticket price in the event of a delay of 120 minutes or more.
If you have a return train ticket and your arrival is delayed, whether on the outbound or return leg of your trip, the compensation is calculated based on half the total price of the ticket.
You may apply for additional compensation in accordance with your situation if you:
- have a transport card or a travel pass; and
- are experiencing recurrent delays or cancellations during the period of validity of your transport card or travel pass.
In a transport contract providing for several successive trips, the amount of the compensation for the delay is proportional to the total price you paid.
Example: You paid EUR 100 to take 4 trips. If one of your trips is cancelled or delayed, you are eligible for a reimbursement of EUR 25.
If the rail transport operator can demonstrate that there were delays that occurred outside the EU, these delays are not taken into account for calculating the total length of the delay.
No compensation will be paid if:
- the delay was due to circumstances beyond the rail transport operator's control; or
- you are in possession of an open ticket (i.e. not showing a departure time); or
- you were aware of the delay or cancellation before purchasing your ticket; or
- the delay or cancellation occurred as a result of your own doing.
Assistance
The transport operator is liable to you if your trip cannot continue on the same day due to:
- a cancellation; or
- a delay; or
- a missed connection.
If the arrival or departure is delayed by more than 60 minutes, you will receive, free of charge:
- meals and refreshments in a reasonable quantity depending on how long you have to wait:
- if available on board the train or in the station; or
- if they can be delivered;
- accommodation, when materially possible, if an additional stay is needed;
- transport between the station and the place of accommodation;
- if the train is stuck on the tracks, transport between the place where the train is located and:
- the closest train station; or
- the departure station; or
- the final destination, when materially possible.
You may also receive damages that cover:
- reasonable accommodation costs; and
- reasonable costs incurred when you had to notify the people waiting for you.
If you have a disability or reduced mobility, you will receive special assistance.
You will not receive assistance from the rail transport operator if:
- you were aware of the delay or cancellation before purchasing your ticket; or
- the delay or cancellation occurred as a result of your own doing.
Loss or physical damage
Loss and damage of hand baggage and animals carried by the traveller
As you are responsible for your own hand baggage and animals, you must watch them yourself.
Loss or damage of baggage delivered by the transport operator
You may hold the transport operator liable in the event of:
- late delivery of your baggage or other personal effects; or
- total or partial loss; or
- damage.
You may not hold the transport operator liable if:
- this situation occurred as result of your own doing;
- your baggage was not packed or was transported with a defective packaging;
- your baggage contained items not authorised for transport by train.
As soon as damage is discovered on your baggage as a result of the transport, the transport operator must issue immediately and, if possible, in your presence, a report to assess the damage.
This report must indicate:
- the nature of the damage; and
- the condition of the object; and
- insofar as possible:
- the extent of the damage;
- its cause;
- when it occurred.
If your baggage has not been found 14 days after the scheduled delivery date, it will be deemed lost.
If your lost baggage is found during the year following the delivery request, the transport operator must notify you, if it has your address or can find it.
Once you receive this information, you must claim your baggage within 30 days to be able to collect it.
Loss or damage of mobility equipment
If you are a person with a disability or reduced mobility, you are entitled to compensation if the railway undertaking is responsible for:
- the loss; or
- the total or partial damage of your mobility equipment.
The compensation will be in an amount that is equivalent to:
- the value of your mobility equipment or other special equipment; or
- the cost of repairing such equipment.
Bodily injury or death
In the event of injury in a train accident, you are entitled to immediate compensation from:
- the transport operator; or
- the transport operator's insurer.
To cover your immediate needs, you have the right to receive an advance payment from the transport operator that is proportionate to the harm suffered.
In the event of the traveller's death:
- their beneficiaries will receive compensation within 15 days;
- this advance payment cannot be less than EUR 21,000 per deceased traveller;
- the damages will also include the required costs resulting from the death, such as those for:
- the transport of the body; and
- the funeral;
- the transport operator must also compensate the persons to whom the traveller had a maintenance obligation under the law and who therefore no longer have support.
Dispute of liability
You may hold the transport operator liable if your injuries or the death of the passenger to whom you are the beneficiary resulted from:
- negligence; or
- a fault on the part of the transport operator.
On the other hand, the transport operator's liability may be waived or mitigated if it can prove that the bodily injury or death resulted from:
- a fault; or
- negligence on the part of the passenger.
The traveller or their rightful beneficiaries will not be able to engage the carrier's liability if the death or injury results from:
- the behaviour of a third party; or
- circumstances not connected with the railway undertaking.
Even if the railway undertaking disputes their liability regarding the bodily harm you suffered, it must make every reasonable effort to assist you when you are claiming compensation from third parties.
If the railway undertaking pays you an advance payment:
- this does not constitute a recognition of liability; and
- it may be deducted from any sum paid later.
You must repay the advance payment you receive if:
- the injury resulted from negligence or a fault on your part; or
- you are not the person entitled to compensation.
Lodging a complaint
If you are of the opinion that your rights have not been respected, you can file a complaint.
Online services and forms
Who to contact
-
Directorate for Consumer Protection
- Address:
-
271, route d’Arlon
L-1150
Luxembourg
Luxembourg
B.P. 119, L-2011 Luxembourg
- Phone:
- (+352) 247 73 700
- Email address:
- info@mpc.etat.lu
- Website:
- https://mpc.gouvernement.lu/en.html
-
Directorate for Consumer Protection
Passenger complaints
- Address:
- 271, route d’Arlon L-1150 Luxembourg Luxembourg
- Email address:
- passagers@mpc.etat.lu
European Consumer Centre
- Address:
- 271, route d’Arlon L-1150 Luxembourg
- Phone:
-
(+352) 26 84 64 1
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00.
- Fax:
- (+352) 26 84 57 61
- Email address:
- info@cecluxembourg.lu
National Service of the Mediator of consumption
- Address:
- 6, rue du Palais de Justice L-1841 Luxembourg
- Phone:
- (+352) 46 13 11
- Fax:
- (+352) 46 36 03
- Email address:
- info@mediateurconsommation.lu
-
Luxembourg Consumer Protection Association (ULC)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 1
- Fax:
- (+352) 49 49 57
- Email address:
- info@ulc.lu
- Website:
- https://www.ulc.lu
Closed ⋅ Opens at 8.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
In the afternoon only by appointment. -
Luxembourg Consumer Protection Association (ULC)
Luxembourg Commission for Travel Litigation (CLLV)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 205
- Fax:
- (+352) 49 49 57
- Email address:
- contact@cllv.lu
- Website:
- https://www.ulc.lu
Luxembourg Consumer Protection Association (ULC) Luxembourg Commission for Travel Litigation (CLLV)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 205
- Fax:
- (+352) 49 49 57
- Email address:
- contact@cllv.lu
- Website:
- https://www.ulc.lu
Related procedures and links
Procedures
Links
Further information
-
Rail passenger rights
on the Your Europe portal
-
Rights for travellers with disabilities or reduced mobility
on the Your Europe portal
-
Mediator of Consumption
Website
Legal references
-
Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021
on rail passengers’ rights and obligations
-
Loi du 25 avril 2018
portant modification du Code de la consommation en ce qui concerne les voyages à forfait et les prestations de voyages liées, et modifiant la loi modifiée du 2 septembre 2011 réglementant l’accès aux professions d’artisan, de commerçant, d’industriel ainsi qu’à certaines professions libérales
-
Loi du 5 février 2021
sur les transports publics
-
Règlement grand-ducal du 1er décembre 2009
portant dérogation pour certains services de transport ferroviaire au règlement 1371/2007 du Parlement européen et du Conseil du 23 octobre 2007 sur les droits et obligations des voyageurs ferroviaires et désignation de l'autorité compétente chargée de l'application dudit règlement
