Rights under the transport contract in international transport

Právo z přepravní smlouvy v mezinárodní přepravě

What is your right under the transport contract?

When you board a ČD train, a transport contract is concluded between you and ČD, whereby ČD undertakes to transport you to your destination station in accordance with the purchased ticket, and you agree to the transport terms and conditions. If you want to return your ticket, you must exercise your right under the transport contract.

In international transport you can exercise your right under the transport contract:

  • for reasons on the railway’s side;
  • for reasons on the passenger’s side.

In international transport you can exercise your right under the transport contract for the following documents:

  • travel document;
  • reservation document – seat reservations, sleeper and couchette supplements, including reservation documents for automobile trains;
  • IRT travel document;
  • supplementary card.

1. General provisions

The exercising of rights under the transport contract by passengers in international transport is governed by:

Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, the terms and conditions of the Convention concerning International Carriage by Rail (COTIF) and its Appendix A “Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (CIV)”, the General Conditions of Carriage for Rail Passengers (GCC-CIV/PRR), the Special Conditions of International Carriage for Non-Reservation Tickets (SCIC-NRT), the Special Conditions of International Carriage for Rail Pass Tickets (SCIC-RPT), the Special Conditions of International Carriage for Integrated Reservation Tickets (SCIC-IRT), (SCIC-NRT), the Special Conditions of International Carriage in East-West Transport (SCIC-EWT), Decree of the Ministry of Transport No. 175/2000 Coll., on the Transport Code for public rail and road passenger transport, and the ČD Contractual and Transport Terms for Public Passenger Railway Transport in the extent set out by the CIV, GCC-CIV/PRR, SCIC-NRT, SCIC-EWT and ZUJ. This special provision regulates the exercise of rights under the transport contract with ČD in international passenger transport on the basis of the above-mentioned norms, and determines deviations in the sense of the ČD Special Agreement for International Carriage (ZUJ).

The area of transport law is regulated by special legislation (Art. 1, Annex I ZUJ) which takes precedence over general legislation.

2. Exercising your right under the transport contract

2.1. A passenger exercises his or her right under the transport contract at a place appropriate for its reception or handling, in person or in writing by registered letter, and within one month from when the travel document in question shall cease to be valid.

2.2. For faster processing of the right exercised under the transport contract, it is recommended that the passenger provide in the written request the number of the bank account (for customers residing abroad it is necessary to provide the SWIFT/BIC and IBAN codes) for cashless payments of the claimed amount, his or her e-mail address and telephone number.

2.3. The authorised ticket counter or contractual travel agency must always mark the submitted travel documents as unused if the passenger requests this confirmation.

2.4. If a passenger exercises his or her right under the transport contract in a written request, the cashier will either accept it from the passenger or provide the address where the passenger’s right under the transport contract needs to be exercised.

3. Period for processing a passenger’s right under the transport contract

3.1. České dráhy, a.s. (ČD) is required to process a right exercised under the transport contract and inform the passenger of the granting or rejection of his or her request within 3 months from the delivery date of the submitted request.

4. Places applicable for exercising a right under the transport contract

4.1. The applicable place for exercising a right under the transport contract is the railway which issued the travel document.

4.2. At České dráhy, a.s. (ČD), rights exercised under the transport contract are handled by ČD ticket counters with international authorisation, travel agencies authorised to sell international travel documents (published in the Ministry of Transport’s Transport and Tariff Bulletin) and the ČD Claims Processing Facility (hereinafter OPT).

Rights under the transport contract for ČD travel documents issued by contractual travel agencies can be exercised at the travel agency which issued the travel document or at a ČD ticket counter with international authorisation.

4.3. Authorised ticket counters and contractual travel agencies perform and pay out returns only for completely unused international travel documents, provided the right under the transport contract is exercised before their expiration.

4.4. In the case of partially unused international travel documents, returns are performed and paid out by OPT.

4.5. If an authorised ticket counter (contractual travel agency) cannot perform a refund, the request to exercise the passenger’s right under the transport contract together with the travel documents will be forwarded to OPT.

4.6. Passengers can exercise their rights under the transport contract in writing at the following address:

České dráhy, a.s. – Claims Processing Facility (OPT)
Department of Portioning, Clearing and Reconciliation of Relationships in Passenger Transport
Vídeňská 15
772 11 Olomouc, CZECH REPUBLIC

4.7. In the event that the passenger does not use the travel document for reasons on his or her side, the passenger must have the travel document confirmed as unused by an authorised employee of the carrier (ticket counter, travel agency) during the document’s term of validity at the boarding station, at the station where the passenger forfeits the remaining journey, or at the station of issue.

4.8. If a right under the transport contract is exercised due to fault on the side of the railway, returns for the completely or partially unused international travel documents can also be performed by an authorised station or contracting travel agency, even after the train’s departure.

4.9. For eTiket travel documents, different rules apply for exercising rights under the transport contract. It is possible to exercise one’s right under the transport contract exclusively by means of the ČD e-shop, in the “Returns” menu option or, for registered users after logging in, by selecting the relevant document directly in the purchase history. More detailed terms and conditions are provided in the Rules for Shopping in the ČD E-shop.

5. Documents necessary for exercising rights under the transport contract

5.1. When exercising a right under the transport contract at the applicable place for the processing thereof, the passenger is required to:

  • submit the originals of the relevant travel documents (including an envelope if they are InterRail or coupon tickets issued manually),
  • provide to an authorised ČD employee all requested information essential for processing the claim arising from the right exercised under the transport contract.

5.2. Travel documents submitted when exercising rights under the transport contract must be marked with information regarding their non-use. Travel documents not bearing such a notice confirming that they are completely or partially unused must be accompanied by relevant documentation constituting the basis for a claim to exercise a right under the transport contract (such as a medical confirmation, new travel documents purchased instead of the unused ones, etc.)

5.3. Travel documents submitted when exercising a right under the transport contract must not be soiled or damaged in such a way so that it is not possible to recover any necessary or important information which they bear (e.g. illegible route on the ticket, price of the document, carriage class, etc.).

5.4. Refunds are not granted for travel documents which have been lost, damaged, changed without authorisation or otherwise modified.

6. Exercising a right under the transport contract for travel documents purchased with a payment card or using an electronic wallet (EPIK)

6.1. If the travel document was paid for using a payment card, a condition for processing an exercised right under the transport contract is the presentation of the payment card used to pay for the document. If the customer fails to present this payment card, an authorised ticket counter (contractual travel agency) will forward the request to exercise the passenger’s right under the transport contract together with the travel documents to the ČD Claims Processing Facility (OPT). Refunds for travel documents paid for using a payment card will be credited to the account linked to the payment card which was used to pay for the document.

6.2. Refunds for travel documents paid for using an electronic wallet (EPIK) are credited to the electronic wallet’s account.

7. Amounts of sums paid out

7.1. In international transport, it is possible to pay out a refund in cash to a passenger at ticket counters and contractual travel agencies in an amount not exceeding CZK 8,000.

7.2. The CZK 8,000 limit does not apply to passengers whose place of residence is outside Europe (the passenger must demonstrate this fact by presenting a passport).

7.3. Authorised returns in amounts exceeding CZK 8,000 arising from rights exercised under the transport contract are processed by OPT.

7.4. When paying out refunds for documents paid for with a payment card, the amount is not restricted by the financial limits set for paying out sums in cash at the station.

7.5. If a right under the transport contract is exercised due to fault on the side of the railway, the amount paid out as a refund is not restricted by the financial limits set for paying out sums in cash at the station.

8. Rules for exercising rights under the transport contract for individual types of travel documents

8.1. The passenger has a claim to the return of the unused fare, the amount of which, however, is always subject to a specified service charge; the amount of the service charge can be up to 100%.

8.2. The service charge is always assessed separately for each travel document, i.e. based on the total price for transport specified on the travel document – not based on the fare for each passenger separately.

8.3. If a right under the transport contract is exercised for reasons on the side of the passenger, the passenger has a claim to a refund for individual types of travel documents as follows:

a) Completely unused tickets

In the case of a completely unused ticket, the fare is returned after deducting a service charge of 10%, but no less than EUR 3, from the ticket price.

In the case of a completely unused InterRail network tickets, there is a 15% service charge.

b) Partially unused tickets

In the case of partially unused tickets, the fare is returned after deducting the price for the route travelled and a service charge of 10%, but no less than EUR 3, from the remaining amount.

c) Group tickets

The rules specified under letters a) and b) also apply to tickets for groups of passengers. The service charge is calculated based on the fare for the collectively issued ticket, not on the fare for each passenger separately. In contrast to SCIC-NRT terms and conditions, a group ticket can be returned to ČD no later than on the first day of its term of validity.

To exercise rights under the transport contract in international transport at ČD in the case of a change in the number of persons using a group ticket, the ticket must be marked as partially unused at a ticket issue point prior to the journey. If the relevant station is unattended at the time in question, the non-use will be confirmed by the conductor on the train.

d) Reservation documents for seats – seat reservations

Exchanges of reservation documents for seats are not performed. The fee for a seat reservation is not refundable. Passengers have a claim to the return of the fee for a seat reservation or, if possible, to the exchange of seat reservation documents only in the event of non-fulfilment of an obligation on the part of the carrier (e.g. the passenger could not occupy the allocated seat for reasons on the side of the carrier).

e) Sleeper and couchette supplements in ČD-ZSSK transport

If the passenger cancels the reserved space no later than one day prior to the train’s departure, the service charge deducted from the supplement is 10%, but no less than EUR 1 per space per night. If the passenger cancels the reserved space on the day of the train’s departure, the service charge deducted from the supplement is 50%, but no less than EUR 3 per space per night. If the passenger cancels the reserved space after the train’s departure or does not cancel it at all, he or she does not have a claim to a refund.

f) Sleeper and couchette supplements

If the passenger cancels the reserved space no later than one day prior to the train’s departure, the service charge deducted from the supplement is 10%, but no less than EUR 3 per space per night. If the passenger cancels the reserved space on the day of the train’s departure, the service charge deducted from the supplement is 50%, but no less than EUR 3 per space per night. If the passenger cancels the reserved space after the train’s departure or does not cancel it at all, he or she does not have a claim to a refund. Night is generally defined as the time frame from 22:00 (10 p.m.) until 6:00 (6 a.m.), unless stipulated otherwise by special transport terms.

g) IRT travel documents

For individual categories of IRT trains or for specific connections, special transport terms apply (SCIC-IRT), incl. special terms and conditions for refunds. The terms, conditions and prices on these trains are announced and provided by the transport companies which organise these trains. Partial refunds for IRT travel documents are not granted. The supplement (Aufpreis) with a reservation for a seat is generally not refundable. For certain offers, the refunds of IRT travel documents may be restricted or completely excluded.

Unless stated otherwise in the ZUJ for individual chapters::

If the passenger cancels the reserved space no later than one day prior to the train’s departure, the service charge is 50% per space (but no less than EUR 3 per space). In the event that a passenger cancels his or her seat later or does not cancel it at all, the passenger does not have a claim to a refund.

h) Travel documents for transporting bicycles

Unused or partially unused international documents for transporting bicycles are not refundable.

i) Travel documents for transport on an automobile train

If the passenger cancels the reserved space no later than one day prior to the train’s departure, the service charge is 10%. In the event that a passenger cancels his or her seat on the day of the travel document’s validity, the service charge is 50%. If the passenger cancels his or her seat later or does not cancel it at all, the passenger does not have a claim to a refund.

j) eTiket zahraničí travel documents

For refunds of eTiket Abroad (“eTiket zahraničí”) travel and reservation documents for the standard price, the general terms and conditions for refunds and the Rules for Shopping in the ČD E-shop apply. These terms and conditions are announced on www.cd.cz.

k) First Minute Europe (Včasná jízdenka Evropa) travel documents

First Minute Europe (Včasná jízdenka Evropa) travel documents issued from the ČD e-shop or ČD ticket counters cannot be returned or exchanged for reasons on the passenger’s side.

l) Service fee

The service fee for issuing a First Miute Europe Ticket cannot be returned for reasons on the passenger’s side.

8.4. Certain offers may be subject to special terms and conditions for exercising rights under the transport contract, or the exercise of rights under the transport contract may be completely excluded. These deviations are stipulated in the relevant chapter of the ZUJ.

8.5. If a right under the transport contract is exercised due to fault on the side of the carrier, the unused fare (including a refund for reservation documents, in this case also seat reservations and the service fee) will be paid out to the passenger with no service charge deducted.


Introduction About Tickets Compensation, claims and exchanges