1. Without losing the right of transport, a passenger is entitled to compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and final destination stated in the ticket or through-ticket for which the cost has not been reimbursed in accordance with Article 18. The minimum compensation for delays shall be as follows:
(a)
25 % of the ticket price for a delay of 60 to 119 minutes;
(b)
50 % of the ticket price for a delay of 120 minutes or more.
2. Paragraph 1 shall also apply to passengers who hold a travel pass or season ticket. If those passengers encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they shall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays may be counted cumulatively and passengers may be compensated in accordance with the railway undertaking’s compensation arrangements.
3. Without prejudice to paragraph 2, compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to the price indicated for that leg of the journey on the ticket. Where there is no such indication of the price of the individual legs of the journey, the compensation shall be calculated in relation to half of the price paid for the ticket. In the same way, the price for a delayed service provided under any other form of transport contract entitling the passenger to travel for two or more subsequent legs shall be calculated in proportion to the full price.
4. The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the Union.
5. The Commission shall adopt an implementing act establishing a common form for compensation requests under this Regulation by 7 June 2023. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38(2).
6. Member States may require railway undertakings to accept requests for compensation by particular means of communication, provided that the request does not create discriminatory effects. Passengers shall have the right to submit their requests using the common form referred to in paragraph 5. Railway undertakings shall not reject a request for compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the railway undertaking shall ask the passenger to clarify the request and shall assist the passenger to do so.
7. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible, in particular regarding the validity period and destination. The compensation shall be paid in money at the request of the passenger.
8. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4 per ticket.
9. Passengers shall not have any right to compensation if they are informed of a delay before buying a ticket, or if a delay due to continuation on a different service or re-routing remains below 60 minutes.
10. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay, missed connection or cancellation was caused directly by, or was inherently linked with:
(a)
extraordinary circumstances not connected with the operation of the railway, such as extreme weather conditions, major natural disasters or major public health crises, which the railway undertaking, in spite of having taken the care required in the particular circumstances of the case, was unable to avoid and the consequences of which it was unable to prevent;
(b)
fault on the part of the passenger; or
(c)
the behaviour of a third party which the railway undertaking, in spite of having taken the care required in the particular circumstances of the case, was unable to avoid and the consequences of which it was unable to prevent, such as persons on the track, cable theft, on-board emergencies, law enforcement activities, sabotage or terrorism.
Strikes by the personnel of the railway undertaking, acts or omissions by another undertaking using the same railway infrastructure and acts or omissions of the infrastructure and station managers are not covered by the exemption referred to in point (c) of the first subparagraph.