- Not transported in the booked class?
- Seated car instead of sleeping car despite booking?
- Air conditioning/heating failed?
- No compensation received?
What claims do passengers have if there is a downgrade?
In the event of a downgrade (e.g. a seat instead of a sleeper), the following claims apply:
- Reimbursement of the difference between the service booked and the service provided.
A corresponding calculation table for ÖBB-Personenverkehr can be found on the ÖBB website (relation prices).
Examples of service reductions
- 2nd class instead of 1st class
- Seat instead of sleeping car
- Couchette car instead of sleeping car
- Seat instead of couchette coach
What rights do passengers have in the event of quality deficiencies?
- Refund of the ticket
Section 9 (4) EisbBFG stipulates that a ticket that was not used or only partially used must be refunded. The reason for non-use must be within the responsibility of the company.
Taking into account the explanations to the law, the apf is of the legal opinion that a claim for partial reimbursement in accordance with passenger rights also exists in the event of failure of the air conditioning/heating or other significant quality losses in individual cases.
This must be checked on a case-by-case basis (e.g. failure of an air conditioning system on a hot day; failure of the heating system in sub-zero temperatures).
What are passengers entitled to in the event of luggage theft?
In principle, passengers are responsible for their own hand luggage - even in couchette and sleeper carriages on night trains.
Railroad companies are only liable if they can be proven to be at fault in individual cases:
- Defective lock in the couchette or sleeping car
- omitted inspection rounds
- Inadequate information about security and locking options
A general duty of care as with hotels and thus increased liability (according to § 970 ABGB) is legally controversial in couchettes and sleeping cars of night trains.
Nevertheless, the railroad company has a higher duty of care when operating night trains, for example by ensuring that door locks are working, carrying out inspections or video surveillance.
However, the latter may only be secured at the request of the police - it is therefore crucial that the theft is reported as quickly as possible by those affected (72-hour deadline).
To minimize the risk, the apf:
- Only take necessary valuables into the compartment
- Avoid large sums of cash
- Carrying valuables on your body
- Locking compartments
- report any suspicious incidents to the train crew immediately.
