SIAFI Europe 2005 Paris, 19-23.9.2005 Passenger Rights: Problems at issue and latest developments (passenger charter, etc.) by Didier Léautey Senior Adviser UIC Passenger Forum Issues SIAFI EUROPE 19.9.2005-1-
EU political environment (1) Statement in White Paper on Transport Policy Commitment to come up with a regulation on passenger rights in the Communication of the Second Railway Package. Hearings passenger rights on 15 October 2001 and 15 November 2002. Study on behalf of DG TREN about international passenger services in Europe by OGM (2002). Consultation document on Passenger Rights for international passenger services (2002). Agreement between CER and Commissioner to take into account initiatives from the railways on the Charter on Passenger Services (10/12/2002). EP considers transport as priority to improve consumer protection. EU Commission approved the Third Railway Package on March 3 2004, a constituent of which is a proposal for a Regulation on Passengers Rights and Obligations for International Rail Passengers SIAFI EUROPE 19.9.2005-2-
EU political environment (2) Current state of the art (mid 2005) Stance of the railway sector The last twelve months have seen the start of the legislative process for The Third Railway Package: the proposed RP (Regulation on International Passenger Rights and Obligations) directly relates to the Charter and rail passenger business innovation. The RP has been considered by both the European Parliament s Transport & Tourism (TRAN) Committee and the Council of Transport Ministers in the first stages of the legislative process. Both have proposed that it should be firmly based on the COTIF- CIV regulations under international law (ratification expected to be completed in early 2006). The first rounds of discussions in the Parliament and in the Council have raised important questions about the scope of this proposed Regulation and the way it fits with existing obligations and market conditions. CER recognises the concept of consumer rights: the railways simply make a plea that, in keeping with the Lisbon Agenda, the rail passenger business does not fall victim to rigid over-regulation in a way that constrains business flexibility and innovation. Let the Charter on Rail Passenger Services, coupled with a permanent dialogue with consumer organisations, do its work. SIAFI EUROPE 19.9.2005-3-
Passenger Rights in the framework of General Conditions for passenger services (based on CIV) Scope (international trips) Content of a ticket Conditions for carriage of luggage Liability General conditions on fares: validity, refunding, etc. Special Conditions will be more important. Compensations if passenger is not able to reach destination by 1.00h Way of publication SIAFI EUROPE 19.9.2005-4-
Basics Developing the Charter on Passenger Services (1) Priority for defining high quality of passenger services. There already exists - a legal framework of CIV and General Conditions of contract for international passenger services and - national legislation for national services (including public service contracts) For passengers the difference of international and national services is not of relevance; an overall approach is preferred. One face to the customer (operator and infrastructure manager) SIAFI EUROPE 19.9.2005-5-
Developing the Charter on Passenger Services (2) Process Working Group from CER, UIC Passenger Commission and CIT, dialogue with European Consumer Organisations (EPF, EDF, EBU, AGE, ECF) Implementation by UIC Working Group that does the technical support work (commercial, legal and accounting experts) Compromises Endorsement by both CER General Assembly and UIC Passenger Commission in October/November 2002 SIAFI EUROPE 19.9.2005-6-
Railways view on most important quality issues of Passenger Services Information on: timetables, fares, seat availability, conditions, accessibility, additional services Delays: information, compensation and care for passengers Procedures for refunds, complaints Accessibility for passengers with reduced mobility Other topics: communication languages, intermodal information, safety, security, cleanliness, way finding in stations (COST 335, UIC standards, future TSI) SIAFI EUROPE 19.9.2005-7-
Railways commitments defined in a Charter on Passenger Services The charter defines, for all signing railway operators, the scope and level of quality for passenger services. The implementation and concretisation is up to the railway operators. The charter covers all important quality issues. The charter covers both international and national passenger services The charter provides transparency in the level of quality customers could expect from railway operators The charter is a base for a dialogue between consumer organisations and the railway sector SIAFI EUROPE 19.9.2005-8-
Dialogue between consumer organisations and the railways Positive experience on national level. The customer organisations involved cover the whole spectrum of railway users, embracing both general and special interests. Those participating regularly are; European Passenger Federation (EPF)/Probahn European Passenger Federation (EPF)/FNAUT European Disability Forum (EDF) (representing also the) European OlderPeople's Platform (AGE) European Blind Union (EBU) European Cyclist Federation (ECF) Several meetings took place. Experience should create mutual trust. 11 meetings held up to June 2005, including representatives from several CER member railway companies, the UIC and CIT. Parallel approach: discuss both the substance and the implementation of the charter. Monitoring results to be discussed in this dialogue. Permanent information of DG TREN on progress. The railways look forward for constructive and high quality contributions. SIAFI EUROPE 19.9.2005-9-
Compensation in case of delays for international passenger services by train : minimal standard Content presentation : Scope of the standard Main parameters Practicalities Procedures for introduction SIAFI EUROPE 19.9.2005-10-
Scope of the standard All EU members of UIC/CER including the members from accession countries + Norway and Switzerland; enlargement possible through bilateral agreements International tickets A minimum standard, many operators already go or will go beyond. Besides the CIV compensation for hotel accommodation /substitute transport in case of not reaching your destination before 1.00 h in the night. The UIC scheme was successfully implemented on 12th December 2004. It has legal force through the CIV General Terms and Conditions (GTC-CIV) and the International Passenger Agreement (AIV) between railway companies. SIAFI EUROPE 19.9.2005-11-
Main parameters Considering the whole transportation chain > 60 minutes delay for day trains > 120 minutes for night trains Includes delay caused by cancellation when the passenger takes the next available international train 20 % compensation of the ticket price Fares 50 Euro single trip (including reservation and supplement, special trains, car carrying trains and travel pass products beeing excluded) Exclusions : Acts of God, strikes, fault of the customer or of a third party, planned delays. SIAFI EUROPE 19.9.2005-12-
Practicalities More details still have to be developed Compensation will be dealed with by the railway company who sold the ticket. Compensation will be (generally) voucher Vouchers could be used to buy tickets at issuing company (1 year) Compensation calculation regards both fare and reservation fees Request for compensation within 2 months Reply to request maximal within 4 weeks (or within a maximum of 3 months) Request for compensation only with original ticket and confirmation of train delay on board train or at the destination station Practical challenges : transparency of the system, how to get approval of train delay, settlement between railways, avoid fraud with vouchers, etc. -> Question for workshop!! SIAFI EUROPE 19.9.2005-13-
Procedures for introduction Principle endorsed by UIC Passenger Commission 6 November 2003 Develop practicalities and create legal framework Entered into force end 2004 Result : - Minimum standard for all international rail passenger services in Europe including accession countries Legally enforceable Competitive advantage vis-à-vis the air compensation (only after 5 hours delay) SIAFI EUROPE 19.9.2005-14-
Discussion (1) How to use a Charter on Passenger Services as a communications tool? - What should be the main message of a charter vis-à-vis your customers? - What does a statement included in a charter imply vis-à-vis a customer? - For which stakeholders, besides your direct customers, you could use a charter? Perceived lack of information and low quality of information is one of the most frequently heard complaint about international passenger transport: What is your perception of the provision of information by the railway companies? What types of information should be provided and how? SIAFI EUROPE 19.9.2005-15-
Discussion (2) How to solve difficulties in international passenger services regarding procedures for complaints, claims, requests for refund, compensations for delay etc.? Since most international passenger services are provided by a co-operation of different railway companies it is unclear where a request for e.g. refund could be submitted. At the moment this request could only be submitted at the point of sale of your ticket. What kind of solutions are available and realistic and will satisfy customers? Same question regarding compensation for delays, etc. SIAFI EUROPE 19.9.2005-16-
Discussion (3) Proposal for a Regulation on Passengers Rights and Obligations for International Rail Passengers: Which stance should the railway sector take? Brief overview of the content : Information to be provided to passengers before, during and after their journey Ticket sales Complaints and claims The liability of railway undertakings in cases of accidents, delays or cancellations of services Compensation in case of train delays or cancellations Assistance to PRM (persons with reduced mobility) Quality monitoring (yearly reporting) Definition of obligations for passengers SIAFI EUROPE 19.9.2005-17-
Discussion (4) New international website for rail passengers www.railpassenger.info This website has been developed as part of the implementation of the Charter in consultation with European rail consumer organisations. The Website has been developed by the UIC, with active support and joint funding from CER and CIT. The new site is targeted at the customer planning a rail journey, with or without special needs. It is designed to improve communication on a range of issues that are relevant to the charter, and it provides easy links to individual railway company websites on specific issues such as contacts for persons needing assistance and bicycles on trains, where international communication needed to be improved. The topics covered are: Journey planning Information on Tickets and Timetables Help during the journey Passenger Charter Passenger rights Passengers needing assistance Passengers with bicycles Useful addresses Rail dictionary SIAFI EUROPE 19.9.2005-18-