The Regulation on rail passengers’ rights and obligations was adopted back in October 2007. The purpose of the Regulation is to ensure basic protection for all rail passengers throughout the EU. The Regulation applies directly to all forms of passenger transport by rail, i.e., international train journeys, train journeys in Denmark, including both regional transport and transport in cities and suburbs.
The Regulation contains rules on, among other things, the railway undertakings´:
- Obligation to provide information prior to travel. For instance, it may be information about the availability and facilities on the train for disabled and mobility-impaired persons in connection with the purchase of tickets, or it may be information about the possibility and conditions for bringing a bicycle on the train, etc.
- Obligation to provide information during the journey. This includes, for instance, information about the next station, delays, the most important connections, etc.
- Obligations in case of train delays and cancellations. The railway undertakings are obliged to inform about the passengers' right to compensation/refund of tickets and for delays of 60 minutes or more, the railway undertakings must offer the passengers a light meal and refreshments.
- Assistance at the station and on the train for disabled people and people with reduced mobility.
- Preparation of service quality standards. These are descriptions of, among other things, the railway undertaking´s type of tickets, the railway undertaking´s handling of complaints, cleaning in the trains, as well as how the railway undertaking carries out satisfaction surveys among customers, etc.
- Obligation to provide information about passengers' appeals, including where inquiries/complaints should be sent.
In the area of rail passengers, the Danish Regulatory Body has been given the authority to take care of the complaint, and supervisory function in regards to cases which deal with general passenger rights in accordance with the Regulation.
Revision of the EU Regulation on rail passengers’ rights and obligations
In 2017, a proposal for the recasting of Regulation 1371/2007 (current Regulation on rail passenger´s rights regulation) was presented, in which, among other things, special focus was placed on the area of disability. With the recasting of the Regulation, it is the Commission's wish to partly expand and update the rights in the area, partly to fulfill the UN Convention on the Rights of Persons with Disabilities, and to clarify the relevant provisions.
It is thus the intention of the new Regulation (2021/782) to strengthen the protection of persons with reduced functional capacity and mobility. Some of the main points in the new Regulations in this area include:
- Requirements that information must be communicated in a format that is accessible to people with reduced functional and mobility abilities, as well as education of employees regarding this area.
- A requirement has been added that the user group must be able to have a guide dog or service dog with them on the journey. This is in practice a clarification of applicable law.
- New provision that the railway company also has a duty to assist persons with reduced functional and mobility so that they can use the service offered. It is a duty that previously only fell to the person who ran the station.
- When selling through tickets, the seller is obliged to pass on the need for assistance to other railway undertakings and/or operators of stations that are part of the customer´s journey.
- Assistance must be available on board during the journey.
- If persons with reduced functional ability and mobility lose or damage aids, including helpers and service dogs, railway undetakings and station managers must be helpful in procuring temporary replacement equipment.
- New provision regarding railway undertakings and station operators must ensure that the employees who must directly assist people with reduced functional capacity and mobility have education in how to manage the various needs of people with disabilities and reduced mobility
The recast Regulation (2021/782) enters into force on 7 June 2023 and thus replaces the current Regulation (1371/2007).
The Board as a complaint authority
You have the opportunity to complain to the Danish Regulatory Body if your complaint concerns the railway undertaking´s general compliance with the Regulation. No appeal fee is charged in this connection.
If, on the other hand, you wish to complain about a railway Undertaking´s handling of your complaint, the competence lies with the Board of Appeal for Bus, Train and Metro.
Go to the Board of Appeal for Bus, Train and Metro
We refer to our complaints guide for further information on deadlines for submitting complaints as well as a description of the board's procedure.
The Board as a supervisory authority
The board can carry out supervisions both on its own initiative or on the basis of a request, typically from either the EU Commission or, for example, passengers.
As a supervisory authority, we ensure that the railway undertakings comply with the regulation's rules, for example whether the railway undertakings adequately inform passengers about their rights to compensation/refund in case of delays or cancellations.
If a railway undertaking does not comply with a decision made by the Board as part of the handling of the complaint and/or supervisory function, the board can impose weekly compulsory fines on the railway undertaking.
All decisions can be read here on the website.