Act on Transportation by Rail concerns liability of rail transport enterprise for passenger, freight and luggage transportation by rail, as based on Transport Contract.
Act of Transportation by Rail does not concern such compensation for personal injury or material damage suffered by passenger or hand baggage which is governed by the provisions in the Act on Rail Transport Operator's Liability for Damages in Transport Operation (Raideliikennevastuulaki).
Delay in Train Traffic
A rail transport enterprise is liable to indemnify a passenger for damage and loss generated by a delay in train sevices, the maximum compensation being € 5000. The economic and financial damage or loss generated shall be adequately shown (by virtue of the preamble to the Act, only a delay of several dozens of minutes of the train generates a liability for damages).
However the liability for damages excludes such delay to which the passenger can reasonably be supposed to be prepared (considering the nature of the transport service, the weather conditions, a possible change of transport vehicles, or other transport-related circumstance).
A rail transport enterprise is released from the liability of indemnifcation for a delay in train services, by showing its engaging of all reasonably requisite measures in view of a prevention of the damage and loss referred to.
Damage or Loss of Luggage
A rail transport enterprise is liable for such damage or loss generated by the loss or damage of luggage during transportation or by a delay in the delivery of the luggage.
The liability for damages is limited as follows:
when damage and loss shown, max. indemnification € 1,700 per piece of luggage;
when damage and loss not shown, max. indemnification € 170 per piece of luggage.
Damage: maximum indemnification corresponding to maximum indemnification for loss.
Loss or Damage
for motor vehicle and watercraft, max. € 10,000;
for goods left in motor vehicle or transport vehicle, max. € 1,700.
when damage or loss shown, max. indemnification € 170 per piece of luggage;
when damage or loss not shown, max. € 136 with € 17 per piece of luggage per 24hrs.
A rail transport enterprise may be released from the liability to indemnification for luggage only as based on the provisions in the relevant Acts.
Application for Compensation
In application for compensation a specific form (available at railway stations and on this page in PDF format) shall be used. The original documents showing the generated damage or loss shall be appended thereto.
The application shall be submitted to a corresponding railway station service or delivered to the following address:
P.O. Box 488