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Delayed or cancelled trains: what are passengers' rights?

Useful tips from the European Consumer Centre Italy

Publication date:

07/02/2025

© Provincia autonoma di Trento -

Description

In recent months, rail transport in Italy has suffered numerous disruptions, with delays, cancellations and train strikes testing the patience of travellers. The beginning of 2025 proved particularly problematic: technical failures, adverse weather conditions and slowdowns caused significant disruptions throughout the national rail network. But when train travel turns into an obstacle course, what rights can be asserted?

Delays and cancellations
Recent train disruptions have caused delays of several hours and numerous cancellations, creating quite a few difficulties for travellers. In situations like these, it is essential to know your rights and how to deal with the unexpected. For example, if the delay on arrival at the final destination exceeds 60 minutes, the passenger has the right to choose between several options

  • abandon the journey and obtain a full refund of the ticket and, if necessary, return to the point of departure as soon as possible;
  • continue the journey or follow an alternative route, under similar conditions of carriage, to the final destination, as soon as possible and without incurring additional costs;
  • continue the journey or follow an alternative route, to the final destination at a later date, at the passenger's discretion, without incurring additional costs.

What to do if an alternative route is not proposed?

If an alternative route is not proposed within 100 minutes of the original departure time or the missed connection, the passenger may agree with the railway undertaking that an alternative route can be organised independently, using other public transport services, such as bus. In this case, the railway undertaking is obliged to reimburse the 'necessary, adequate and reasonable' costs within 30 days of the request. If the passenger does not receive an alternative proposal at the expiry of the 100-minute time limit, the railway undertaking's consent to the independent organisation of the alternative route is not necessary. For example, if your train is cancelled and no alternative route is offered to you within the next 100 minutes, you can decide to take a bus or another train of a different company to reach your destination.

What happens in the case of delays of less than 60 minutes?

Even shorter delays, if repeated over time, can be compensated. This means that if delays of less than 60 minutes occur repeatedly during the period of validity of the travel ticket or season ticket, they can be calculated cumulatively and passengers can claim compensation, according to the modalities established by the railway company.

Trains stuck on the tracks: what to do?

Recently, there have been incidents where trains have been stuck on the tracks, causing inconvenience to travellers. In these situations, passengers are entitled to an alternative transport service, if physically possible, to reach the nearest railway station or an alternative departure point or final destination. If the service cannot continue, the railway undertaking is obliged to organise an alternative transport solution for passengers as soon as possible, ensuring that they can complete their journey in the shortest possible time.

Finally, in cases of delayed arrival or departure or in the event of cancellation, passengers are entitled to assistance. This includes meals and beverages, based on waiting time and, if necessary, overnight accommodation and transport between the railway station and accommodation, if necessary and possible.

When is one entitled to compensation?
Often, delays and cancellations of train journeys have left travellers confused as to what their rights are, particularly with regard to the possibility of compensation. Many people wonder which situations entitle them to reimbursement and which, on the other hand, fall under the exceptions provided for in the legislation. It is therefore crucial to provide clarity. The new Regulation (EU) 2021/782 on rail passengers' rights and obligations states that passengers can claim compensation in the event of a delay on arrival at the destination station, depending on the duration of the delay:

  • if the delay is between 60 and 119 minutes, they are entitled to compensation amounting to 25% of the ticket price.
  • For delays of 120 minutes or more, the compensation rises to 50% of the ticket price.

However, there are some important exceptions to bear in mind. For example, there is no compensation if the ticket price is EUR 4 or less, or if the passenger was informed of the delay before purchasing the ticket. Furthermore, the regulation clarifies which circumstances exempt railway undertakings from the obligation to compensate. These include extraordinary situations such as:

  • extreme weather conditions (e.g. heavy snowfall or flooding);
  • major natural disasters, such as earthquakes or landslides;
  • serious health crises, such as pandemics;
  • situations related to the fault of the passenger or the behaviour of third parties.

It is important to emphasise that staff strikes are not included among these exceptional circumstances. This means that, even in the case of delays or cancellations due to a strike, the railway undertaking is still obliged to compensate passengers. Compensation must be paid within one month from the date of submission of the claim and can be paid, at the passenger's request, in vouchers or in money.

How and to whom to send a complaint
The passenger may submit a complaint to any of the railway undertakings involved, which must provide a reasoned reply within one month of receiving the complaint. A final answer must be provided within three months. If the passenger does not receive a response within one month from the submission of the first instance complaint or considers the response received unsatisfactory, he/she may, within one year of the complaint or of the request for reimbursement or compensation, submit a claim to the ART Conciliation Service via the ConciliaWeb platform accessible through the link: https://www.autorita-trasporti.it/conciliaweb/. The passenger may also submit a second instance complaint to the Transport Regulatory Authority, within three months from receipt of the response to the first instance complaint, deemed unsatisfactory, or from the submission of the initial complaint if one month has elapsed without receiving a response. Finally, Centro Europeo Consumatori Italia remains available to provide free advice and assistance in the event of disputes of a cross-border nature.

Source and photo: Centro Europeo Consumatori Italia - ECC-Net Italia

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