Compensation for cancellation of long distance European train services - a black hole

pianist_2

Having booked all the stages of our holiday independently - we got to Paris to find that our luxury overnight sleeper to Barcelona was cancelled due to a strike. With only vague information that there might be a bus to take us to Barcelona the next night and no information about any arrangements for accommodation, we had to make our own arrangements for a hotel and expensive last-minute flight.

The French train company will only give us a refund - which does not cover the extra expense. Our insurance only offers a token amount under delay. If it had been a cancelled flight, the airline would have had to cover all or some of the extra expense. If it had been a package, we could have some redress to the travel agent.

But as independent travellers taking the train, we seem to be on our own.

Anybody know whether we can get compensation? And is there any form of insurance that could protect us next time?

It's a shame to be put off using the train!

pianist_2

OK - I've done more homework! Consumer Direct say keep pursuing the online company we made the booking with - they are responsible for our out of pocket expenses. And also write to the credit card company - as they can be held "jointly and severally liable". Makes the extra charge for the credit card worthwhile.

PolishBigSpender

Sadly - this is exactly what Michael O'Leary was making such a huge fuss about. It is absolutely ridiculous that airlines are subject to all sorts of hideous costs relating to cancellations, even when outside the airline's control - yet train companies can effectively get away with it!

Alan_Bowen

I don't see an on line booking agent taking, or legally being, responsible for the fact that railway workers went on strike. Your contract is with the rail company not the booking agent. By all means have a go, but I don't think you have any realistic prospect. What you needed was a different insurance policy, did you contact them from Paris when you discovered your dilemma as they might have given you advice reagrding cover at that stage before you piad out a lot of money for alternative means of transport?

dzug1

PolishBigSpender wrote: »

Sadly - this is exactly what Michael O'Leary was making such a huge fuss about. It is absolutely ridiculous that airlines are subject to all sorts of hideous costs relating to cancellations, even when outside the airline's control - yet train companies can effectively get away with it!

Well that's because the eurocrats haven't got around to making the same sort of regulations about train travel.

An even the eurocrats would accept that the current air regulations as expressed and as interpreted are not fit for purpose. Problem is that rewriting them to be fit for purpose is a slow and painful task. And if a few airlines go bust while that process is happening - is that a good or a bad thing? Might speed up the process if they do....

PolishBigSpender

Hang on - Paris-Barcelona should be a CIV journey and thus subject to those rules. As I recall, they have an obligation to deliver you at the destination by alternative means - but I'm not educated enough in the regulations to give a proper opinion.

dzug1

Cityboy wrote: »

I beg to differ, dzug1. The Eurocrats have indeed made broadly similar regulations for train travel under EC 1371/2007: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:315:0014:0041:EN:PDF

Would you define 'fit for purpose' as meaning not pleasing all of the people all of the time? If so, then no legislation would ever fulfil that utopian vision. EC 261/2004 is still relatively untested in some key aspects but does afford much better consumer protection for air passengers than previously.

I don't think the rules will be re-written, but strengthened by case law judgements that have already been made, notably the Wallentin-Hermann and Sturgeon judgements with another case in the pipeline (Sousa Rodriguez et al).

I was unaware of the rail document, cityboy - thankyou for drawing it to my attention.

It does seem to relate compensation to the fare paid which overcomes one of the criticisms of the air system, which fails to meet passenger expectations (often too difficult to get your rights) and fails to meet airline expectations (open ended payments for things beyond control, compensation payments OTT). Maybe that means they've got it about right?:)