In cases of a passenger’s death, the compensation should cover the necessary costs, particularly those of the transport of the body and the funeral. Furthermore, if the passenger’s death means that as stipulated in the law present or future dependantsentitled to alimony from the passenger are deprived from said assistance, they must also be compensated. Law action for the compensation of persons financially supported by the passenger, even without being legally bound, shall be governed by national law.
If injury or any other violation of your physical or mental integrity occurs, you are entitled to compensation which includes:
- the necessary expenses, particularly those of the treatment and transportation.
- the remedy of the injury/loss caused from your total or partial disability for work or an increase of your needs.
The above compensations should be paid as a lump sum. If the national law, however, provides for the payment of an annuity, you can ask to be compensated in this way.
The amount of compensation is determined on the basis of the provisions of the national law. However, a ceiling of EUR 175,000 either as a lump sum or annuity corresponding to said lump sum is set for each passenger if the national law sets a lower ceiling.
NOTE:
The carrier is exempt from any liability if:
- the accident was caused due to circumstances for which the train operator was not responsible, could not avoid and could not prevent their consequences despite the due diligence shown for each such incidence;
- the accident was due to the passenger’s fault;
the accident was due to the behaviour of a third person, which the carrier could not avoid and whose consequences could not be prevented, despite the due diligence shown for each such incidence