compensation passenger rights
The Operator Has Not Replied — What Do I Do Now?
TL;DR
EU Regulation 2021/782 gives operators exactly 30 days to respond to a compensation claim. If they have not replied, you can escalate to the national rail regulator — for free. You do not need to keep waiting. This article tells you who to contact in each country and what to say.
What the law says
Under EU Regulation 2021/782, Article 28, railway operators must acknowledge your claim within one month and give a final decision within three months. In practice, most operators respond much faster. But some do not respond at all.
One month of silence is not a rejection. Silence is a procedural failure, and you can act on it.
You have two options: chase the operator directly, or escalate to the national rail regulator. You can do both.
Step 1: Write a formal chase letter
Before escalating, send one more written message to the operator. Keep it short and firm.
Here is a template:
Dear [Operator name] Customer Relations,
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I am writing to follow up on my compensation claim submitted on [date], reference [your reference number if you have one].
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Under EU Regulation 2021/782, Article 28, you are required to respond to my claim within one month. That deadline has now passed and I have not received a response.
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I am requesting that you respond within 14 days. If I do not hear from you, I will escalate this matter to [the relevant national enforcement body for your country].
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My journey details: [route, date, delay length, ticket price].
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Yours sincerely,
[Your name]
Send this by email and keep a copy. Note the date you sent it.
What counts as a valid response
An acknowledgement email saying 'we have received your claim and will get back to you' is not a decision. That is an acknowledgement. The operator still needs to give you a decision within three months of receiving your original claim.
A decision is either: we will pay you [amount], or we are rejecting your claim because [reason].
If after 30 days you only have an acknowledgement and no decision, you can still escalate — but it is worth noting the timeline when you do.
Step 2: Escalate to the national regulator
If the operator does not respond to your chase letter, go to the national enforcement body for the country where the delay occurred or where the operator is based.
These bodies can investigate the operator and compel them to process your claim. Escalating is free. The operator is legally required to cooperate.
Germany
Bundesnetzagentur — Germany's Federal Network Agency regulates the rail sector and handles passenger rights complaints against German operators including DB. You can file a complaint online or by post.
France
Autorité de régulation des transports (ART) — France's transport regulatory authority handles complaints about SNCF and TGV INOUI. They also have a mediation service.
United Kingdom
Rail Ombudsman — For Delay Repay disputes with UK operators, the Rail Ombudsman is the first port of call. They offer free dispute resolution. Not all UK operators are members, but the major franchised operators are.
Sweden
Transportstyrelsen — Sweden's Transport Agency handles complaints about SJ and other Swedish operators. They have an English-language complaints process.
Netherlands
ACM (Autoriteit Consument and Markt) — The Netherlands Authority for Consumers and Markets oversees passenger rights for NS and other Dutch operators.
Austria
Schienen-Control GmbH — Austria's rail passenger rights body handles complaints about ÖBB and other Austrian operators. They also have an online complaint portal.
Spain
Ministerio de Transportes, Movilidad y Agenda Urbana — Spain's Ministry of Transport oversees Renfe and handles formal complaints from passengers.
Belgium
Service de Mediation pour les Voyageurs du Train — Belgium's train mediation service handles SNCB complaints in French, Dutch, and German.
Italy
Autorità di Regolazione dei Trasporti (ART) — Italy's transport regulator handles complaints about Trenitalia and Italo.
Cross-border journeys
If your journey crossed multiple countries, you can typically escalate to the regulator of either the country where the delay occurred or the country where the operator is based. Choose whichever is more practical for you.
How long does escalation take?
Regulators typically take 8 to 12 weeks to reach a resolution. This is longer than a direct operator response, but the outcome is usually more reliable — operators that ignore individual passengers tend to respond promptly when a regulator is involved.
During this time, keep all documentation: your original claim, any responses received, and the chase letter you sent.
Using TrainOwed for escalation
If your original claim was submitted through TrainOwed, escalation is included in the service at no extra cost. We monitor response timelines and trigger the escalation process automatically if an operator fails to respond.
If you submitted your claim directly and are now stuck, you can still transfer your case to TrainOwed. We will review your claim, write any necessary appeals, and escalate to the regulator if needed. Because we work on a no-win, no-fee basis, you pay nothing unless we recover your compensation.
Key rule: silence is not rejection
Some passengers assume that if the operator does not reply, the claim has been rejected. It has not. An operator that does not reply to your claim within 30 days is in breach of EU law, not in the clear. Do not accept silence. Act on it.
Your claim remains valid for one year from the date of travel. You have time. Use the escalation route if the operator will not engage.
Frequently Asked Questions
How long does an operator legally have to reply to my claim?▾
Under EU Regulation 2021/782, Article 28, operators must acknowledge your claim within one month. They must give a final decision within three months. If they have not acknowledged your claim after 30 days, they are already in breach of the regulation.
What counts as a valid response to my claim?▾
An acknowledgement email is not a decision. A valid response is either an offer to pay compensation, or a rejection with a specific reason. If you have only received an acknowledgement, the clock is still running on their three-month deadline to give you a decision.
Can I escalate immediately if they have not replied?▾
You can escalate after 30 days without a response. It is usually worth sending one short chase letter first to give the operator a final chance to respond quickly. If they still do not reply within 14 days of your chase, escalate to the national regulator.
Which body do I complain to if I was on a cross-border train?▾
You can contact the regulator of the country where the delay occurred, or the regulator of the country where the operator is headquartered. For example, if you were on a DB train from Frankfurt to Paris and the delay happened in Germany, you can go to the Bundesnetzagentur.
Will escalating damage my relationship with the operator?▾
No. Escalating to a regulator is a legal right. Train operators deal with regulatory complaints as a matter of course. Filing a complaint does not affect your ability to travel with that operator in future.
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