Commission Implementing Regulation (EU) 2024/949 of 27 March 2024 establishing a ... (32024R0949)

EU - Rechtsakte: 07 Transport policy

Commission Implementing Regulation (EU) 2024/949 of 27 March 2024 establishing a ... (32024R0949)

2024/949

2.4.2024

COMMISSION IMPLEMENTING REGULATION (EU) 2024/949

of 27 March 2024

establishing a common form for rail passengers’ reimbursement and compensation requests for delays, missed connections and cancellations of rail services in accordance with Regulation (EU) 2021/782 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (1), and in particular Article 18(6) and Article 19(5) thereof,

Whereas:

(1) Regulation (EU) 2021/782 establishes rules applicable to rail transport in order to provide for the effective protection of passengers and encourage rail travel.

(2) In accordance with Articles 18(7) and 19(6) of Regulation (EU) 2021/782, passengers have the right to submit their reimbursement and compensation requests using a common form. Railway undertakings should however not reject a request for reimbursement solely on the grounds that the passenger has not used that form.

(3) The use of the form should allow passengers to provide all necessary relevant personal details and journey details to railway undertakings thereby facilitating the processing of reimbursement and compensation requests by these undertakings.

(4) For the sake of transparency and to facilitate requests by passengers, requests for reimbursement and compensation should be integrated into one single common form, in which passengers should specify whether they apply for reimbursement, compensation, or both.

(5) In order to simplify the procedure for passengers to apply for compensation and/or reimbursement and to ensure its accessibility, passengers should have the possibility to submit the common form for reimbursement and compensation requests either as a physical document or by electronic means.

(6) For the purposes of encouraging the use of the common form for reimbursement and compensation by passengers, the Commission should disseminate the form in all official languages of the Union on its website, including in a version which is accessible to persons with disabilities and persons with reduced mobility.

(7) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (2) and delivered an opinion on 29 March 2023.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Passenger Rights Committee,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation establishes a common form for reimbursement and compensation requests, as referred to in Articles 18(6) and 19(5) of Regulation (EU) 2021/782.

The common form may be submitted as a physical document or by electronic means.

Article 2

The Commission shall make the common form available in all official languages of the Union on its website, together with a version which is accessible to persons with disabilities and persons with reduced mobility.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

It shall apply from 2 July 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 March 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 172, 17.5.2021, p. 1

(2) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (

OJ L 295, 21.11.2018, p. 39

ANNEX

REIMBURSEMENT AND COMPENSATION REQUEST FORM

under Regulation (EU) 2021/782 of the European Parliament and of the Council

Passengers may use this form to request reimbursement, compensation or both from railway undertakings.

Passengers have the right to use this form. At the same time, please note that the use of this form is not mandatory. Some railway undertakings may have their own online form or similar system in place on their website or via a mobile application to process reimbursement or compensation requests. Time limits to the submission of requests may apply under national law.

Please note that some railway undertakings may offer more favourable conditions for reimbursement and compensation compared to that provided under Regulation (EU) 2021/782 of the European Parliament and of the Council

(1)

. It is therefore recommended to check the terms and conditions of the railway undertaking concerned.

Fill out the relevant parts of the form clearly IN BLOCK CAPITALS.

1. Reason(s) for your request

Please indicate a cross [X] next to each incident that applies to your request

☐

Delay

☐	Cancellation

☐	Missed connection due to a delay or cancellation

2. Previous request for reimbursement/compensation for delay/cancellation/missed connection for the same rail journey

Railway undertakings may have their own online form or similar system in place on their website or via a mobile application to process reimbursement or compensation requests.

Have you already requested reimbursement and/or compensation for a cancellation, delay or missed connection during the same rail journey via such channel(s)? If yes, please complete the information below.

2.1.	Date of previous reimbursement/compensation request for same rail journey (day/month/year): …./…./….

2.2.	Request addressed to (please state the name of the railway undertaking – in case several railway undertakings were involved, please mention them all here): …

2.3.	Means used for this previous request (e.g. online form or mobile app – please indicate the reference of this request, where available): …

3. Your journey details

3.1.	Name of railway undertaking …

3.2.	Scheduled journey

3.2.1.

Departure date (day/month/year): …./…./….

3.2.2.

Departure station:

…

3.2.3.

Destination station:

…

3.2.4.

Scheduled time of departure (hour/minutes): ....:....

3.2.5.

Scheduled time of arrival at destination (hour/minutes): ....:....

3.2.6.

Train No/category of train:

…

3.2.7.

Ticket Number(s)/Booking Reference:

…

3.2.8.

Ticket price(s):

…

3.3.	Actual journey

3.3.1.

Date of actual arrival (day/month/year): …./…./….

3.3.2.

Actual time of departure (hour/minutes): ....:....

3.3.3.

Actual time of arrival at final destination (hour/minutes): ....:....

3.3.4.

Train No/category of train:

…

3.3.5.

Missed connection in (station):

…

4. Nature of your request towards the railway undertaking

Please specify your claim(s) with a cross [X].

☐	Reimbursement from railway undertaking of the ticket(s) (),(*) due to a cancelled or delayed train or missed connection which would lead to an expected delay at arrival at the final destination of 60 minutes or more.

☐

Compensation from railway undertaking (**) (please select one of the following options)

☐	For a delay at arrival at the final destination of 60 to 119 minutes (***).

☐	For a delay at arrival at the final destination of 120 minutes or more.

☐	For recurrent delays or cancellations suffered by a passenger holding a travel pass or season ticket (****).

☐	Reimbursement of the costs from railway undertaking for using other providers of transport services or other costs (bills for other railway undertaking, bus, coach, taxi, hotel or other accommodation, meals, refreshments) (*****).

Please note that you cannot apply for compensation and reimbursement from railway undertakings where you missed one or more connections where all of the following conditions apply:

(1)	you bought a ticket or tickets in a single commercial transaction for a journey including one or more connections;

(2)	it is mentioned on the tickets, or on another (electronic) document, that the tickets represent separate transport contracts;

(3)	you were informed of this prior to purchase.

(*)

The reimbursement shall be paid within 30 days after the receipt of the request. You are not entitled to reimbursement of the ticket(s) where the railway undertaking offered and made the necessary arrangements for your re-routing or journey continuation to your final destination, and you accepted this offer.

(**)

The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. Please note that 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. In addition, please note that you can apply either for compensation or for reimbursement of the ticket(s) from a railway undertaking, but not both for the same journey.

(***)

Please note that some railway undertakings may grant compensation below the 60 minutes threshold.

(****)

Please note that the criteria for determining delay and for the calculation of the compensation are stated in the railway undertaking’s compensation arrangements in accordance with Article 19(2) of Regulation (EU) 2021/782.

(*****)

Only costs which are appropriate under Article 18(3) and 20(2) of Regulation (EU) 2021/782 are taken into consideration. Please note that meals and refreshments should be offered by railway undertakings in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied, taking into account criteria such as the distance from the supplier, the time required for delivery and the cost. Reimbursement of the costs for using other providers of transport services shall be paid within 30 days after the receipt of the request. The submission of supporting relevant documents is highly recommended.

Find more information on your passenger rights and on the means to claim your rights on:

—	the ‘Your Europe’ website: www.europa.eu/youreurope/citizens/travel

—	the ‘Your Passenger Rights’ app by scanning the QR code

—	Europe Direct by phone: 00 800 6 7 8 9 10 11

[Bild bitte in Originalquelle ansehen]

5. Personal details

5.1.

Name

5.1.1.

First name: … 5.1.2. Last name: …

5.2.

Address

5.2.1.

Street name: … 5.2.2. No: …

5.2.3.

Country: … 5.2.4. Postal code: … 5.2.5. City/Town: …

5.3.	Contact details

5.3.1.

Email address (where applicable, please mention the address used at the time of booking):

…

5.3.2.

Telephone number:

…

5.4.	Preferred form of payment for reimbursement/compensation (please mark only one box):

☐ Money ☐ Vouchers and/or other services (if offered)

5.5.	Payment details (in case of preference for reimbursement/compensation in money)

5.5.1.

IBAN (account number):

…

5.5.2.

SWIFT/BIC (routing number): …

5.5.3.

Other means of payment used by the passenger to purchase the ticket (e.g. PayPal, Apple pay, etc.):

…

5.5.4.

Name of account holder (first name, last name):

…

6. Additional information related to your ticket/journey

If you want, you can add here additional information related to your ticket/journey, including on any additional costs made for other providers of transport services or other costs (bills for other railway undertaking, bus, coach, taxi, hotel or other accommodation, meals, refreshments). The submission of supporting relevant documents is highly recommended. Maximum 2 500 characters.

…

PLEASE ATTACH RELEVANT DOCUMENTS

(e.g. ticket(s) or reservation(s), including documentation for additional costs incurred; delay/cancellation confirmation where appropriate)

The General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council (2)) applies to the processing of personal data by way of this form. Additional information about how your personal data will be processed is provided by the recipient of this form.

I hereby acknowledge that the recipient of this common reimbursement and compensation form may share my personal data with other relevant parties if required for the processing of my request

Please indicate with a cross [X]

YES ☐ NO ☐

I hereby declare that all of the information provided in this form is true and accurate in all respects and for all the passengers

Date of application (day/month/year): …./…./….

Place of application: …

Name of the passenger or his/her representative: …

(1) Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (

OJ L 172, 17.5.2021, p. 1

(2) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (

OJ L 119, 4.5.2016, p. 1

ELI: http://data.europa.eu/eli/reg_impl/2024/949/oj

ISSN 1977-0677 (electronic edition)