EU regulations and legal provisions
- Alternative Dispute Resolution Act (AStG)
- Federal law on the Agency for Passenger Rights
- Directive 2013/11/EU on alternative dispute resolution for consumer disputes (ADR Directive)
- Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Authorities Cooperation Regulation)
- Consumer Authorities Cooperation Act (VBKG)
- Ordinance of the Federal Minister for Economic Affairs on the maximum rates of remuneration due to debt collection agencies
Current procedural guideline of the apf
Procedural guidelines archive
Alternative Dispute Resolution Act (AStG)
Pursuant to Section 10 para. 2 AStG, the following persons have been appointed as independent arbitrators:
Maria-Theresia Röhsler, LL.M., MBA is a lawyer, has been Managing Director of Schienen-Control since November 2011 and Head of apf since May 2015.
The appointment was made by the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK).
Norman Schadler is a lawyer and has been working for the apf and the arbitration body for train-travel since February 2007.
The arbitrator is not bound by any instructions in the performance of her duties, as her decisions are made impartially and independently. In the event of any conflicts of interest, the handling of the arbitration request is transferred to the arbitration for consumer transactions.
Legislation at European level
Between 2004 and 2011, regulations were issued at European level governing the rights of air passengers, rail passengers, sea and inland waterway passengers and bus and coach passengers.
These EU regulations cover both international and national transport, unless exemptions are made at the level of the respective member state. They regulate the specific rights and entitlements of passengers in individual cases. In principle, similar rights and obligations are provided for the various modes of transport. However, the details of the regulations differ.
The European Commission and, above all, the European Parliament have therefore been working for years to standardize and further develop passenger rights for all four modes of transport. On March 13, 2013, the European Commission presented its proposal for a revision/revision of the Air Passenger Rights Regulation. The revision was resumed in 2019, but was interrupted again due to the COVID-19 pandemic. It is currently not possible to estimate whether and when the revision will take place. The revised version of the Rail Passenger Rights Ordinance came into force on June 6, 2021 and, with the exception of one provision, has been in force since June 7, 2023.
The impact assessment and the evaluation of the Bus and Ship Passenger Rights Regulation, the Air Passenger Rights Regulation and the PRM (Persons with Reduced Mobility) Air Passenger Rights Regulation by the European Commission have not yet been completed. In addition, better protection of passengers and their rights has been evaluated in other areas, such as multimodal travel, rules for travel agents or adequate protection of passengers and air passengers against the insolvency of the respective operator. On November 29, 2023, the European Commission published two proposals for regulations, namely the Regulation on passenger rights in the context of multimodal travel and the Regulation amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards the enforcement of passenger rights in the Union. These two initiatives pursue the following specific objectives
- Improving the protection of passengers facing disruptions during multimodal travel
- Ensuring effective and efficient enforcement of legislation on passenger rights in the Member States
- Ensuring effective complaint handling for travelers
- Improving information and support for people with disabilities or reduced mobility when transferring between modes of transport, and
- Ensure a clear refund process for people who have booked through an intermediary company.
Legislation in Austria
Since July 27, 2006, Schienen-Control GmbH has performed the function of an independent arbitration board for customers of rail companies in freight and passenger transport.
On April 23, 2010, Schienen-Control was appointed as one of the national bodies for the enforcement of passenger rights in rail transport alongside the Schienen-Control Commission. Further information can be found in Schienen-Control 's annual reports and on the Schienen-Control website.
On May 28, 2015, the apf replaced the previous arbitration board for the rail sector. The conciliation body for handling complaints regarding air passenger rights, which was part of the Ministry of Transport, was integrated into the apf. In addition, the newly created arbitration boards for the motor vehicle (bus transport) and shipping sectors were added to the apf. The apf is a service of the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK) and was set up as a department within Schienen-Control . The central arbitration and enforcement body for rail, bus, ship and air transport enables the efficient use of resources and the creation of synergies.
Notified body to the EU for alternative dispute resolution
Alternative dispute resolution bodies (ADR bodies) deal with the out-of-court settlement of disputes between consumers and companies.
In 2012, the Schienen-Control conciliation body for the rail sector was notified to the European Union and has been part of the Europe-wide out-of-court dispute resolution system ever since.
On January 9, 2016, apf became a notified ADR entity in accordance with the AStG, the national implementation of the ADR Directive. This makes it one of eight ADR entities operating in Austria in accordance with the AStG.
Consumers can recognize the apf as an AS body by the logo with the federal coat of arms and the words "Staatlich anerkannte Verbraucherschlichtungsstelle".
The apf fulfills the requirements for ADR bodies with regard to independence (appointment as arbitrator), impartiality (no instructions from one party), expertise, transparency (publicly accessible information), effectiveness (maximum duration of 90 days for non-complex proceedings), fairness (right of expression and possibility of representation of the parties), legality and freedom of action. It is independent of the companies affected by the arbitration procedure in terms of organization, financing, legal structure and decision-making.
The arbitration procedure is conducted by an arbitrator who is appointed for at least three years. The arbitrator performs their duties independently and impartially and has the legal knowledge, expertise and skills required for this task.
The apf prepares an annual activity report and submits it to the BMK . The BMK in turn submits the report to the National Council.