When are passengers entitled to compensation for delays?

If the journey is not canceled, including reimbursement of costs, passengers will receive compensation for delays:

This means for one-way tickets on long-distance services:

• From 60 minutes delay: 25 percent of the ticket price as compensation
• From 120 minutes delay: 50 percent of the ticket price as compensation

The delay at the destination according to the ticket is relevant.

Return tickets:

Compensation is pro rata per direction of travel

Season tickets (annual ticket, Klimaticket):

No entitlement to compensation for individual journeys but according to defined punctuality levels.

When is there NO entitlement to compensation for delay?

• Delay is less than 60 minutes
• Information about the delay or train cancellation before purchasing the ticket.
• Unavoidable circumstances

If the delay or train cancellation was directly caused by circumstances that the railroad company could not avoid despite due care, there is also no entitlement to payment of the compensation amount.

These circumstances include:

• Extreme weather conditions
• Major natural disasters
• Serious public health crises
• Fault of the passenger
• Entering the tracks
• Cable theft
• Emergencies on the train
• Law enforcement measures
• Sabotage or terrorism

A more precise definition of the circumstances listed above is not provided by the legislator. The railroad company must prove the circumstances.

• Strikes by railroad company staff are NOT an extraordinary circumstance, so passengers are entitled to compensation for delays in the event of a strike.

Confirmation of delays and train cancellations

Upon request, the railroad company is obliged to issue a confirmation of the delay, missed connection or train cancellation.
The passenger is only obliged to submit such a confirmation in special cases.

• Directly from the train crewÖBB-Personenverkehr)
• Up to two days after the journey online at fahrplan.oebb.at
• Up to 7 days after the journey at all ÖBB ticket counters
• Then contact ÖBB customer service (Tel: +43 5 1717) or use the contact form at www.oebb.at/kontakt.
• Alternatively, a reservation for the delayed train can be submitted as confirmation of the delay.

Deadlines: The compensation must be paid within one month of submission of the complete application.
It can be paid in the form of vouchers or, if requested, in the form of a cash sum.

Minimum amount: The companies can set a minimum compensation amount, which is currently a maximum of four euros per ticket.
The rail companies can refuse compensation for lower amounts.

The legal bases are Section 2 (1) and (2) EisbBFG and Article 19 of Regulation (EU) 2021/782

What do passengers need to be aware of if they decide to continue their journey?

Onward journey under comparable conditions

• No additional costs for passengers, even in higher travel classes

• If necessary, rebooking to another provider

• Avoid additional transfers to keep the total travel time as short as possible

Self-organized onward journey

Passengers also have the right to organize their own onward journey and to have the costs reimbursed by the railroad company, provided the railroad company agrees.

• Use of other public transport services (bus, train)
  is also available if the train company does not offer an alternative travel option within 100 minutes of the scheduled departure time.

• Air travel is not explicitly regulated; costs may be covered in individual cases

Is there also an entitlement to hotel accommodation and cab rides?

If the last connecting train is not reached due to a delay or cancellation, or if a journey is interrupted, an alternative service must be offered within a "reasonable period of time":

• Rail replacement service
• Bus/Coach
• Cab

Local and regional transportation

• Maximum 100 euros per person for an overnight stay in a hotel
• Maximum 65 euros per person for a cab ride
• apf's recommendation: contact the rail company before making any expenditure.
• For persons with disabilities or reduced mobility, those costs that were necessary and exceed the maximum amounts of compensation must also be reimbursed.

Long-distance traffic

• No fixed maximum limit for hotel or cab costs
• However, the costs should be kept as low as possible.
• apf's recommendation: contact the rail company before incurring expenses.
  If the rail company cannot be contacted, passengers can book a hotel on their own.
  The costs for this must be submitted to the rail company.
  The validity of the ticket will be extended accordingly for the continuation of the journey on the next day.

Do those affected also receive meals and refreshments?

Catering in the event of delays

• In the event of delays of more than 60 minutes, meals and refreshments must be provided if they are available on site.

• 5 euros per 60-minute delay at the ticket counter
  after presenting the ticket affected by a delay/train cancellation to ÖBB-Personenverkehr.
• Reimbursement of costs by submitting the invoice
  If expenses have been incurred, compensation can be applied for retrospectively by submitting invoices to the company.
  
  According to the legal opinion of the apf, this is not a flat-rate compensation for meals, which the passenger is always entitled to, regardless of whether he has consumed anything or not, but a specific assistance service.