Last week saw another 3 days of strike action on the country’s railways. Many services were cancelled due to the strike, but what are your rights as a passenger if a train that does run as part of the rail company NMBS’ so-called “alternative timetable” is delayed? The answer is that your rights are the same as on days when there is no industrial action by rail staff. Passengers have a right to compensation if a train is delayed by 60 minutes or more or if it was scheduled to run but was cancelled less than 24 hours before it was due to leave. The compensation amounts to a 100% refund of the price you paid for your ticket.
Even when there is a strike you have a right to compensation if your train is delayed
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When there is a rail strike, the rail company NMBS publishes an “alternative timetable” 24 hours in advance. This shows which trains will be running on the day of the strike. The timetable can be found on the NMBS website or on the rail company’s app. No compensation is given for trains that are no longer scheduled, unless there are no trains at all running on your route for the entire day.
However, the NMBS’ Spokesman Dimitri Temmerman to VRT News’ consumer affairs team that “If trains that we have said are scheduled to run are cancelled or arrive at least 60 minutes late, your ticket will be refunded in full unless you can take another train to your destination within the 60 minutes during which your train was delayed.”
But what if you have a season ticket?
Even if you have a train season ticket, you can still receive compensation. This is calculated based on the number of journeys you can make during the period in which you season ticket is valid.
The price of the ticket, including your employer's contribution, is used when making the calculation. So even if your employer pays for (part of) your season ticket you will receive a refund for any journey’s you are unable to make due to a strike.
How do I make a compensation request?
If you are entitled to compensation, you can request a proof of delay certificate on the NMBS’ website. There you can also calculate how much compensation you will be given.
You have three months to apply for compensation. If you prefer, you can also fill in a paper form. You can request a paper form the ticket office at any railway station that still has one.
When are you not entitled to compensation?
You are only entitled to compensation if you paid for your train ticket. Holders of free season tickets or travel cards are therefore not eligible. You will also be out of luck if you were informed of the delay prior to purchasing your ticket.
Furthermore, if you were able to take another train to reach your destination with less than 60 minutes' delay, you will not be given compensation. Passengers travelling using 10 journey tickets will also not be able to claim compensation.
How will you be reimbursed?
You will not automatically receive compensation in cash. Those with season tickets will receive their compensation in an electronic wallet that is linked to their MyNMBS account. You can use this to renew your train subscription online or buy tickets at the ticket office.
If you purchased a normal (single or return) train ticket, you will receive your refund in vouchers that are valid for one year.
If you prefer to get your money back you must explicitly request a bank transfer. Compensation via bank transfer is only possible for delays of at least 60 minutes.
Anyone that has been made late for work or school due to delays or cancellations on the railways can request a Certificate of Delay on the NMBS website.
The certificate is not required to receive compensation but is primarily intended as proof that there were actual delays on the railway.