Brussels, 18/03/2013 (Agence Europe) - According to Advocate General Niilo Jääskinen, rail passengers are entitled to partial reimbursement of their fare in the event of a significant delay of their train, even if this delay is due to a case of force majeure. In conclusions returned on Thursday 14 March (case C-509/11), he states that under no circumstances may rail companies escape their compensation obligation laid down by regulation 1371/2007 on the rights and obligations of rail passengers.
This regulation states that travellers faced with a train delay are entitled to a refund of 25% of the ticket price for a delay between 60 and 119 minutes and 50% for delays of above 120 minutes. It provides for no exemptions, even if the delay is due to a case of force majeure (climate conditions, breakdown, strike or other). The Austrian Administrative Court, to which case was brought by the national rail company OBB against the obligation upon it to remove from its general terms and conditions a provision ruling out any compensation in the event of force majeure, asked the Court of Justice of the EU whether a railway company may exempt itself from its compensation obligation in the event that a delay, missed connection or cancellation was due to a case of force majeure.
The Advocate General rules out this possibility, stating that there is nothing in the regulation which limits the compensation obligation, even in the event of force majeure, and that the limitations of liability contained within the international rules on rail transport to which the regulation refers do not apply to the price of the ticket in the event of a delay. It also rules out the similar application of the rules on force majeure in force for airline, boat, bus or coach passengers: - the causes of force majeure in rail transport can be the subject of statistics and therefore be taken into account in calculating ticket prices; - the situations of companies active in the various transport sectors are not comparable, as the various modes of transport are not interchangeable as regards their conditions of use. (FG/transl.fl)