Can I Claim Train Delay Compensation If My Train Was Delayed by a Strike?

When your train is delayed by hours because of a strike, the last thing you want is to find out you have no right to compensation. The good news: in most cases, you do.

EU Regulation 2021/782 and Strikes

Under EU Regulation 2021/782, train operators can only escape paying compensation if the delay was caused by extraordinary circumstances that they could not have avoided even if they had taken all reasonable measures.

The regulation makes a clear distinction:

• Strikes by the operator's own staff: (drivers, conductors, maintenance workers) are **not** extraordinary circumstances. The operator is responsible for its employment relationships. A strike that was foreseeable — for example, one that followed a breakdown in wage negotiations — cannot be used to deny your claim.
• Strikes by third parties: whose action directly disrupts rail services (such as strikes by dock workers that block freight and knock on to passenger services) *may* qualify, but the operator must prove the connection.

This means that if Deutsche Bahn or SNCF staff go on strike and your train is cancelled or delayed, you are still entitled to 25–50% of your ticket price.

What About the UK?

The UK has its own Delay Repay scheme, which works differently. Delay Repay is a contractual right, not a regulatory one, and the rules vary slightly by operator. Most UK operators do pay out for strike-related delays, though some have historically tried to apply force majeure clauses.

The official position from the Rail Delivery Group is that Delay Repay applies regardless of the cause of the delay. If you were delayed 15 minutes or more (30 minutes on some operators), claim as normal.

How to Claim After a Strike Delay

• Keep your ticket and booking confirmation.: If you booked through a third-party app, take a screenshot of the booking.
• Note the delay at the destination on your ticket: , not just where you boarded. Compensation is calculated at the final destination.
• Submit within the deadline.: Most EU operators require claims within one to three months of travel. UK operators are typically one month.
• If your claim is rejected on force majeure grounds: , appeal. Explain that EU Regulation 2021/782 does not permit the operator to use internal industrial action as an extraordinary circumstance. Cite Article 19(3) explicitly.

What If the Operator Rejects Your Claim?

Rejections citing force majeure for internal strikes are legally weak. You can:

• Appeal directly with the operator, citing EU Regulation 2021/782 Article 19.
• Escalate to the national rail regulator — in Germany that is the Bundesnetzagentur, in France the ARAFER, in the UK the Rail Ombudsman.
• Use an Alternative Dispute Resolution (ADR) body — free for passengers, mandatory for operators to participate in.

TrainOwed handles this entire process for you. If your claim is rejected, we appeal. If the appeal fails, we take it to the regulator. You pay nothing unless we win.

Summary

• Strikes by train operator staff: **you can claim** under EU law
• Strikes by third parties: **may be exempt**, but the operator must prove it
• UK Delay Repay: **claim as normal**, appeals process available if rejected
• Deadline: usually **1–3 months** from date of travel