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Rail delay

European Union — rail passenger rights (Regulation (EU) 2021/782)

SupranationalEURead off primary law

European Union

Rule id
rail.eu
Version
1.0.0
In force from
June 7, 2023
Last read against its sources
August 5, 2026
Countries bound
30 countries

In plain language

What this regime says.

Regulation (EU) 2021/782 has governed rail passenger rights across the EU and EEA since 7 June 2023, replacing Regulation (EC) No 1371/2007. It guarantees 25% of the ticket price for a delay of 60 to 119 minutes and 50% for 120 minutes or more, plus re-routing and assistance — but, unlike its predecessor, it lets railways escape the compensation where the cause was genuinely extraordinary.

Who is covered

Passengers on rail services within the EU and the EEA states applying the acquis, subject to the exemptions Member States may grant for urban, suburban and regional services.

What you get

25% of the price of the delayed journey at 60 minutes and 50% at 120 minutes, with railways allowed to refuse sums below a minimum threshold of at most EUR 4 per ticket; plus reimbursement or re-routing at 60 minutes, and meals, refreshments and accommodation as needed.

Where claims go wrong

  • Missing the three-month complaint window, which replaced a one-year window in June 2023.
  • Accepting "extraordinary circumstances" without asking what they were. The railway has to prove it, and staff strikes and rolling-stock failures do not qualify.
  • Forgetting that even where compensation is excused, re-routing and hotel costs are not.
  • Claiming under the EU floor when the national or operator scheme pays more. Compare before you claim.
  • Taking a voucher. You can insist on money.
The official claim route

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Regulation (EU) 2021/782, Art. 19Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast)URL verified 2026-08-05Art. 19 (compensation of the ticket price)
  2. Regulation (EU) 2021/782, Art. 18Regulation (EU) 2021/782URL verified 2026-08-05Art. 18 (reimbursement and re-routing)
  3. Regulation (EU) 2021/782, Art. 20Regulation (EU) 2021/782URL verified 2026-08-05Art. 20 (assistance — meals, refreshments and accommodation)
  4. Regulation (EU) 2021/782, Art. 28Regulation (EU) 2021/782URL verified 2026-08-05Art. 28 (complaints)
  5. Regulation (EU) 2021/782, national enforcement bodiesRegulation (EU) 2021/782URL verified 2026-08-05national enforcement bodies designated by each Member State

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Three months to complain to the railway undertakingFatal if missedArticle 28 requires a complaint to be submitted to the railway undertaking within three months of the incident. This is shorter than the one year that applied under Regulation (EC) No 1371/2007, and the change caught a great many passengers out when it took effect on 7 June 2023. National law may still leave a longer contractual claim available, but the Regulation’s own route closes here.Regulation (EU) 2021/782, Art. 28 — Art. 28 (complaints)Filing window

What it entitles you to, beyond money

  • Reimbursement, or re-routing to your destinationWhere the expected delay to arrival is 60 minutes or more, Article 18 gives you the choice between reimbursement of the fare for the part of the journey not made, and continuation or re-routing to your final destination at the earliest opportunity or at a later date that suits you. The choice is yours, not the operator’s, and re-routing may have to be on another carrier’s service.Art. 18 (reimbursement and re-routing)
  • Meals, refreshments and, where necessary, a hotelArticle 20 requires meals and refreshments in reasonable proportion to the waiting time, and accommodation with transport to it where an overnight stay becomes necessary. Where the delay was caused by extraordinary circumstances the railway may limit accommodation to three nights — but that limit applies to the hotel, not to the duty to look after you at the station.Art. 20 (assistance — meals, refreshments and accommodation)

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"Extraordinary circumstances — no compensation is due"

high likelihood

The railway relies on the exemption introduced by Regulation (EU) 2021/782 and refuses compensation for weather, a third party on the line, or a external event.

What answers it

This defence is real but narrow, and it is the railway’s to prove. It requires circumstances outside the railway’s operation that it could not have avoided even with all due care — severe weather, a major natural disaster, sabotage or trespass, a public health crisis. It does not cover rolling-stock failure, crew shortages, or a strike by the railway’s own staff. Ask them to state the circumstance and explain what they did to avoid it. Crucially, the exemption removes the compensation; it does not remove your Article 18 re-routing rights or the Article 20 duty to feed and house you.

Regulation (EU) 2021/782, Art. 19 — Art. 19 (compensation of the ticket price)

"The delay was caused by Network Rail / the infrastructure manager / a third party"

high likelihood

The operator points at signalling failure, a broken-down freight train, trespass or someone else’s infrastructure and says the delay was not their doing.

What answers it

Under the contractual UK Delay Repay schemes, cause is irrelevant to your entitlement: the schemes pay on the delay, whoever caused it, and the operator recovers internally from the infrastructure manager. Under Regulation (EU) 2021/782 the railway undertaking is the passenger’s counterparty and only a genuinely exceptional, unavoidable circumstance excuses it — and a staff strike at the railway itself is expressly not one.

"Here is a voucher"

high likelihood

The operator settles in rail travel vouchers or credit rather than money, often at a discount to what is owed.

What answers it

You are entitled to be paid in money. UK operators must offer at least one monetary method — bank transfer, cheque or refund to the original card — and Regulation (EU) 2021/782 allows vouchers only where the passenger accepts them, meaning you can simply decline and ask for cash. A voucher is worth less than its face value to you and more than its face value to them, which is why it is offered first.

"It is below our minimum payment"

medium likelihood

The railway declines a small claim on the basis of a minimum payment threshold.

What answers it

A railway may set a minimum threshold, but it may not exceed EUR 4 per ticket. If they are refusing a larger sum than that on this basis, they are wrong. And where you were delayed repeatedly, ask whether the threshold is applied per ticket rather than per claim — it is per ticket.

Regulation (EU) 2021/782, Art. 19 — Art. 19 (compensation of the ticket price)

Where to take it next

  1. Complain to the railway undertaking within three monthsSend the complaint to the railway that operated the delayed service, quoting the train number, the booked and actual arrival times at your final destination, and the ticket. Ask for payment in money and say so explicitly.Claim directtypically 30 days
  2. Ask for a reasoned written decisionIf you are refused, ask which paragraph of Article 19 they rely on and, if they claim extraordinary circumstances, what those circumstances were. A refusal with no reasons is the easiest kind to overturn at the enforcement body.Internal appeal
  3. The national enforcement body for the Member StateEvery Member State designates a national enforcement body for rail passenger rights and the European Commission publishes the list. Complain to the body for the country where the incident happened. It is free.Regulatortypically 90 daysofficial page
  4. European Small Claims ProcedureBinding on themFor a cross-border claim within the EU, the European Small Claims Procedure is a paper process designed to be used without a lawyer and produces a judgment enforceable across the Union. It is proportionate for a rail claim in a way that ordinary litigation is not.Small claimstypically 120 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Other rights in the same countries

Austria — ÖBB FahrgastrechteATNationalAustriaRegulation (EU) 2021/782 as applied in AustriaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — action en réparation collective (Code de droit économique, Book XVII)BENationalBelgiumCode de droit économique / Wetboek van economisch recht, Livre XVII, Titre 2 (arts. XVII.35 et seq.)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBelgium — SNCB/NMBS compensation for delays and for repeated delays on season ticketsBENationalBelgiumRegulation (EU) 2021/782 as applied in BelgiumConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: low

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.