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An estimated €500 million or more in train delay compensation goes unclaimed across Europe every year. Most passengers either do not know their rights or assume the process is too complicated. It is not. This guide covers everything you need to know about EU Regulation 2021/782 — the law that protects you.
What is EU Regulation 2021/782?
Regulation (EU) 2021/782 of the European Parliament and of the Council, adopted on 29 April 2021 and in force since 7 June 2023, is the current legal framework for rail passenger rights in the European Union. It replaced the older Regulation (EC) 1371/2007 and significantly strengthened protections for train passengers.
The regulation applies to all rail journeys within the EU, covering both domestic and cross-border services. It sets mandatory minimum standards for compensation, refunds, rerouting, assistance, and access to information.
You can read the full regulation on [EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0782).
What compensation can I claim?
The regulation sets two tiers of compensation based on the delay at your final destination:
| Delay | Compensation | Example |
|-------|-------------|--------|
| 60-119 minutes | 25% of ticket price | €59 ticket → €14.75 |
| 120+ minutes | 50% of ticket price | €120 ticket → €60.00 |
Important details:
- Compensation is calculated on the price actually paid, not the full fare.
- The minimum payout is €4. Operators are not required to pay amounts below this.
- For season tickets and the Deutschlandticket, compensation is based on the proportional cost per journey.
- Compensation must be paid within one month of the claim (Article 27).
- You can refuse vouchers and insist on cash payment.
Real-world examples
Berlin → Munich (ICE, €59 ticket, 75 minutes late)
You are owed €14.75 (25% of €59). The operator must pay this within one month.
Hamburg → Stuttgart (IC, €120 ticket, 130 minutes late)
You are owed €60.00 (50% of €120).
Missed connection on a through ticket (€89 total, 95 minutes total delay)
Your first train was 20 minutes late, causing you to miss your connection. You arrived at your final destination 95 minutes late. You are owed €22.25 (25% of €89) — compensation is based on total delay to the final destination, not the individual legs.
Deutschlandticket (€49/month, multiple delays)
Individual delays on the Deutschlandticket often produce compensation below the €4 minimum. The solution: batch 3-5 delays together and submit them as a single claim. For example, four delays that individually produce €1.50 each combine to €6.00, which is above the threshold.
Which trains are covered?
EU Regulation 2021/782 covers:
- All long-distance trains: in the EU (ICE, TGV, Frecciarossa, AVE, etc.)
- All regional trains: in the EU (RE, RB, S-Bahn, TER, Cercanías, etc.)
- Cross-border services: (Eurostar, Thalys, Nightjet, etc.)
- All operators: Deutsche Bahn, SNCF, Trenitalia, Renfe, NS, SJ, ÖBB, and every regional operator
The UK is not covered by this regulation since Brexit. UK operators are governed by the Delay Repay scheme, which has different rules but similar principles. See our [operator guides](/trains) for specific UK compensation rules.
Switzerland and Norway also have their own national schemes.
Strikes and force majeure — what counts?
This is one of the most important changes in EU 2021/782 compared to the old regulation. The force majeure exemption is narrow:
NOT force majeure (you CAN claim):
- Strikes by the operator's own staff
- Technical failures of trains or rolling stock
- Signal failures and infrastructure faults
- Congestion caused by other delayed trains
- Driver shortages and operational errors
- Routine bad weather within seasonal norms
May qualify as force majeure (operator may refuse):
- Extreme weather of exceptional severity (major storms, flooding)
- Natural disasters
- Pandemics declared by public health authorities
- Sabotage or terrorism
Key point: Staff strikes do NOT qualify as force majeure under EU rail law. This is a significant difference from aviation law under EU 261/2004, where strikes can exempt airlines. If a train operator rejects your claim citing a strike, they are acting outside the law.
Claim deadlines by country
Deadlines vary by country and operator. Missing them means losing your entitlement.
| Country | Deadline | Enforcement Body |
|---------|----------|------------------|
| Germany | 3 months | EBA (Eisenbahn-Bundesamt) |
| France | 3 months (SNCF) | ART |
| Italy | 12 months | ART |
| Spain | 3 months (Renfe) | CNMC |
| Netherlands | 3 months (NS) | ACM |
| Sweden | 3 months | Transportstyrelsen |
| Austria | 12 months | Schienen-Control |
| Belgium | 3 months | SPF Mobilité |
| Poland | 12 months | UTK |
| UK | 28 days (most TOCs) | ORR |
Germany shortened its deadline from one year to three months in June 2023. File as soon as possible.
The EU common claim form (Regulation 2024/949)
Since July 2024, Commission Implementing Regulation 2024/949 requires all EU rail operators to accept a standardised claim form. This is a significant improvement: you no longer need to navigate each operator's proprietary form.
The form can be submitted:
- By post: to the operator's claim centre
- Electronically: — including by email
- In person: at a travel centre
Deutsche Bahn accepts the EU form by email at EUAntragFGR@deutschebahn.com.
TrainOwed auto-fills this standardised form with your details and submits it on your behalf.
How to claim in 4 steps
Step 1: Check your eligibility
Enter your train number and travel date. Was your delay 60 minutes or more at your final destination? If yes, you have a valid claim.
Step 2: See your compensation
Calculate: 25% of your ticket price for 60-119 minutes, or 50% for 120+ minutes. Subtract nothing — there is no fee unless your claim succeeds.
Step 3: Upload your ticket
Take a photo or upload the PDF. You can also provide a booking reference number. Keep the original until your claim is resolved.
Step 4: Sign and submit
Provide your name, address, and IBAN. Sign the claim digitally. TrainOwed handles the rest: filling the official form, submitting to the operator, tracking the response, and escalating if needed.
What if the operator rejects your claim?
Operators sometimes reject valid claims. The escalation path is:
- Appeal to the operator — cite the specific article of EU 2021/782 and explain why their reason does not apply.
- Escalate to the national enforcement body (NEB) — in Germany: EBA; in France: ART; in the UK: ORR. NEBs investigate complaints and can compel operators to comply. The process is free.
- Use a claims service — TrainOwed handles rejections and escalations at no additional cost.
According to data from national rail regulators, approximately 15-20% of initial rejections are overturned on appeal.
Right to refund and rerouting
If a delay at departure is expected to be 60 minutes or more, Article 18 gives you three options:
- Full refund of the ticket price for parts of the journey not made
- Rerouting to your destination at the earliest opportunity
- Rerouting at a later date of your choosing
If you are rerouted and still arrive 60+ minutes late, you can claim delay compensation on top of the rerouting.
If the operator fails to offer these options, you can arrange alternative transport yourself and claim reimbursement (subject to reasonableness).
Right to assistance
Article 20 requires operators to provide assistance when delays at a station are expected to be 60 minutes or more:
- Meals and refreshments proportionate to the waiting time
- Hotel accommodation if an overnight stay is needed (capped at €80/night)
- Transport to and from the accommodation
If the operator does not arrange assistance, keep your receipts and claim reimbursement.
Key tips
- File your claim as soon as possible — do not wait until the deadline
- Keep all documentation: ticket, booking confirmation, delay certificate
- Ask the conductor or station staff for a delay certificate (Verspätungsbescheinigung in Germany)
- Do not accept vouchers unless you want to — you can insist on cash
- Operators must respond within 1 month
- If your compensation is below €4, batch multiple delays together
- Through ticket holders: claim based on total delay to final destination, not individual legs
Frequently Asked Questions
What is the minimum delay to claim EU train compensation?
60 minutes at your final destination. A 60-119 minute delay entitles you to 25% of your ticket price; 120+ minutes entitles you to 50%.
Do I get compensation if my train was delayed due to a strike?
Yes. Under EU Regulation 2021/782, strikes by the operator's staff are NOT force majeure. You can claim full compensation regardless of the cause of the delay.
How long do I have to file a train delay claim in Germany?
3 months from the date of travel. Germany shortened this deadline from one year in June 2023. File as soon as possible.
Can I claim for Deutschlandticket delays?
Yes, but individual payouts may be below the €4 minimum. Batch multiple delays together into one claim to exceed the threshold.
What is the EU common claim form?
Regulation 2024/949 introduced a standardised claim form that all EU operators must accept since July 2024, both on paper and electronically. Deutsche Bahn accepts it by email at EUAntragFGR@deutschebahn.com.
Can someone else file a train delay claim on my behalf?
Yes. In Germany, you can sign an Abtretung (assignment of claim) or Vollmacht (power of attorney) authorising a third party like TrainOwed to file and pursue the claim on your behalf.
What happens if the operator rejects my claim?
You can appeal to the operator, then escalate to the national enforcement body (EBA in Germany, ART in France, ORR in the UK). These bodies investigate for free and can compel operators to comply.
Do I need the original ticket to claim?
You need proof of purchase — a photo, PDF, booking confirmation, or reference number. For digital passes like the Deutschlandticket, a screenshot of your subscription is sufficient.
Can I claim for a missed connection?
Yes, if you have a through ticket. Compensation is based on the total delay at your final destination, not just the delayed leg.
Is there a minimum payout for train delay compensation?
Yes, €4. Operators are not required to pay amounts below this. For small claims (e.g., Deutschlandticket), batch multiple delays together.
Can I refuse a voucher and get cash instead?
Yes. Under EU 2021/782, you have the right to monetary compensation. You are not required to accept vouchers or travel credit.
How long does the operator have to respond?
One month from receiving the claim, under Article 27 of EU 2021/782.
Does EU 2021/782 apply in the UK?
No. The UK left the EU and has its own Delay Repay scheme. However, the principles are similar and UK thresholds (15-30 minutes for many operators) are often more generous.
Which EU regulation covers train delays?
Regulation (EU) 2021/782, in force since 7 June 2023. It replaced the older Regulation (EC) 1371/2007 and covers all rail services in the EU.
Can I claim for regional train delays (RE, RB, S-Bahn)?
Yes. EU 2021/782 covers all rail services, including regional and suburban trains. The same 25% and 50% compensation rules apply.
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