Passenger Rights on Night Trains: What You’re Entitled to in Case of Delays, Cancellations, and Downgrades

from Georg Loderbauer

Night trains are considered a climate-friendly alternative to air travel. The combination of travel time and overnight accommodation makes them attractive, especially for long-distance trips within Europe. However, as with any mode of transportation, the promise of comfort cannot always be kept. The apf provides information on your rights in cases ranging from canceled sleeper cars and severe delays to quality issues.

Common Problems with Night Train Service

According to complaint data from the apf, while the arbitration procedure of arbitration procedure night trains has decreased significantly (from 204 cases in 2024 to 52 cases through June 2026), certain areas of conflict persist. The most common reasons for complaints are:

  1. Cancellations of overnight trains: Including problems with the timely organization of replacement transportation.
  2. Quality issues: This includes malfunctioning air conditioning or heating, as well as problems with meals.
  3. Downgrades: For example, when instead of the reserved sleeper car, only a couchette or even a seat is offered.
  4. Delays: These often result in missed connecting flights.

The causes often stem from the complex coordination required among multiple rail companies across national borders, limited availability of rolling stock, and differences in support structures (hotlines, open ticket counters) among the participating companies.

Legal Claims in the Event of Service Disruptions and Delays

In the event of a car being taken out of service (downgrade)

The “worst-case scenario” for many travelers is arriving at the train station only to find that the sleeper or couchette car they booked is not available. In this case, national passenger rights apply:

  • Refund of the Surcharge: If passengers are transported in a lower class of service instead (e.g., in a seating car instead of a sleeper car), they are entitled to a refund, free of charge, of the price difference between the service booked and the service actually provided.
  • Withdrawal from the Contract: In serious cases, passengers may also withdraw entirely from the contract of carriage and receive a full refund of the fare if the trip no longer makes sense under these circumstances.

Tip: Before departure, travelers should actively check the train’s car configuration and proactively contact the rail carrier if no information is provided. The sooner passengers are informed, the sooner alternatives can be found.

In the event of delays

In the event of delays, the night train is no different from regular long-distance trains. Entitlement depends on the length of the delay at the destination:

  • For delays of 60 minutes or more: 25% of the ticket price.
  • For delays of 120 minutes or more: 50% of the ticket price.

For round-trip tickets, compensation is calculated on a pro-rata basis for each direction of travel.

In addition, there are three options to choose from in the event of a foreseeable delay of at least 60 minutes:

  1. Cancellation: Free refund of the ticket (in full or in part).
  2. Continuing the journey: Under comparable conditions, on the next train or via an alternative route at no additional cost.
  3. Extension: Continuing the trip at a later date with an extended ticket validity period and, if applicable, waiving the requirement to take a specific train.

In the event of quality issues (air conditioning, heating, pests)

A significant lack of comfort—such as a malfunctioning air conditioning or heating system—may justify a claim for a partial refund, as the comfort of the trip was significantly impaired.

Even more serious is the presence of pests (e.g., bed bugs) in a sleeper car compartment. In such cases, those affected should immediately notify the train staff and file a written complaint with supporting evidence (photos). Depending on the specific circumstances, passengers may be entitled to compensation for damages or pain and suffering.

Additional Benefits During Long Wait Times

If a delay or cancellation prevents a passenger from making a connecting train, the rail carrier must provide a solution:

  • Alternative transportation: Arranging for an additional train or other means of transportation.
  • Overnight Stay: Accommodations will be provided if necessary.
  • Self-arrangement: If the rail company does not offer a solution within 100 minutes, passengers may arrange their own onward travel and will receive refunds for:
    • Hotel accommodations: Up to 100 € per person.
    • Taxi fare: Up to 65 € per person.
    • Meals: In the event of extended wait times, provided receipts are available.

Safety and Liability

On night trains, passengers are generally responsible for their own carry-on luggage. The rail company is liable only if there is demonstrable negligence, such as a defective door lock or a failure to monitor the train. It is strongly recommended that you keep valuables on your person, lock your compartment, and report any suspicious incidents to train staff immediately. A police report should be filed within 72 hours.

Support from the apf Mediation Office

Disagreements can often be resolved directly with the rail company. If this is not possible, or if you do not receive a response within a month, apf is available to assist you free of charge and without commission.

Travelers can arbitration request an arbitration request online if:

  • If an agreement cannot be reached with the company.
  • The statutory deadlines were not met.

You can contact the apf Rail Department at +43 1 5050 707 710 (Monday through Friday, 10:00 a.m. – 12:00 p.m.).

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