Train Passengers May Get No Compensation for Delays Due to Weather

Compensation for delay after the train chaos? Well, do not be so sure about it. The train companies can claim that the thunderstorm is not their fault.

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Train Passengers May Get No Compensation for Delays Due to Weather
Photo: Claudio Bresciani/TT

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Someone who sits on a heavily delayed train for an entire night probably expects to receive some kronor in delay compensation. Maybe also something "like a plaster on the wounds" that air travelers usually get.

But for those who travel by train, other rules apply, says Henric Jonsson, legal advisor at the Consumer Agency.

For flights, there is a completely different compensation level than for train and bus trips, he says.

He explains that for train companies, there is an exception to the rules on delay compensation – if the delay is due to something they cannot influence themselves, they are exempt from paying compensation.

Extreme weather

Extreme weather conditions are mentioned in the regulation as an example. But it is the companies that have the burden of proof that it is the cause.

The train stoppage on Wednesday evening and night and Thursday has, according to the Transport Agency, been caused by severe thunderstorms.

"The thunderstorm that has arrived has caused trouble during the past 24 hours and the yellow weather warnings that were in the area were justified," writes the Transport Agency's press service to TT, and describes the different sections that have been affected.

Should be compensated

This means that affected travelers risk being left without compensation.

Yes, it can be extraordinary weather conditions. But it needs to be tested, you can turn to the National Board for Consumer Complaints, says Henric Jonsson.

However, Snälltåget has stated that their travelers will be compensated.

Travelers will be compensated. This is not an experience we want to stand for, says Marco Andersson, press spokesperson for Snälltåget.

How it is with the other train companies is still unknown.

The right to compensation is governed by the European Parliament and Council Regulation 2021/782 of 29 April 2021 on the rights and obligations of rail passengers.

Compensation for longer journeys, 15 miles or crossing a national border, is in two levels: 25 percent of the ticket price if the delay is between 60 and 119 minutes. 50 percent of the ticket price if the delay is 120 minutes or more.

For shorter journeys, other rules apply.

Source: Consumer Agency

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By TTEnglish edition by Sweden Herald, adapted for local and international readers

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