Smart Consumer: Passengers kept waiting on cash compensation for train delays
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Thursday December 31 2009
Have you ever stood on a cold platform wondering when the train is ever going to come? Then the dreaded announcement confirms your fears. The train is delayed.
You're going to miss your meeting, lunch with your friends or get home too late to help your kids with their homework.
This month, new European legislation came into force that allows for compensation in cash for such delays -- including meals and accommodation if required.
But our Government has decided to opt out of that part of the new laws for domestic services, leaving only cross-border services fully governed by it.
So, when you get the train from Dublin to Belfast you'll have stronger rights than when you get the train to Cork, Limerick, Galway, Dublin or any other domestic route.
EU member states can opt out of part of the domestic services legislation for five years, and that derogation can be renewed for two further periods of five years.
There are parts of the legislation that now apply to all rail services. These relate to the availability of tickets, liability for passengers and luggage, and information on access for people with reduced mobility.
Under the new laws, the rail company is liable for loss or damage resulting from the death or injury of a passenger. The company's liability is now established in law, with operators obliged to cover any costs incurred and to award damages.
The law also covers compensation for the loss, damage or delay of luggage up to approximately €1,416.
But, and it's a big but, this only applies when your luggage is in the care of the rail company. On Iarnrod Eireann, we all throw our bags on the overhead luggage rack as they do not provide a registered luggage system.
We're responsible for the care of our own luggage, and if it goes missing in transit it's a case of 'Sorry for your troubles'.
For people with reduced mobility, tickets must be offered at no additional cost, there should be no discrimination in terms of access and information on access should be readily available under the EU laws.
Iarnrod Eireann says it already employs an accessibility officer. The Cork-Dublin route already complies with the EU law and there will be full accessibility across all stations and trains by 2015.
For those of you headed to the North from Dublin you'll be happy to hear that, as it's a cross-border service, you'll have further entitlements.
If the delay is more than an hour, you can choose to be re-imbursed for the full cost of the ticket or continue your journey -- either at the earliest opportunity or on a later date.
If you still want to travel and haven't opted for re-imbursement, you are entitled to 25pc of the ticket price after one hour and 50pc after two hours.
While this won't apply to domestic routes, Iarnrod Eireann does operate a passenger charter, which provides for compensation of 25pc of the ticket cost after a 30-minute delay, 50pc after one hour and for the full cost to be refunded after two hours.
The charter appears to provide better cover than the new laws but Iarnrod Eireann's compensation is provided in vouchers, while you can get cash under the EU legislation.
In addition, the legislation says that, after an hour's delay, you are entitled to meals and refreshments as well as hotel accommodation and transport there if required.
Having your rights backed by law gives you stronger protection than a voluntary charter. And the new laws allow for penalties on a company if they don't comply.
The Department of Transport says "issues of compliance" would arise at Iarnrod Eireann had it not opted for partial exemption.
Let's hope that any issues will be resolved within five years, so the Government does not renew its opt-out.
- Tina Leonard
Irish Independent
