What claims do passengers have in the event of delays and bus cancellations?

• If a bus journey that is scheduled to take more than three hours starts more than 90 minutes late or is canceled, passengers are entitled to meals and refreshments.
  Meals and refreshments must be offered in proportion to the waiting time, provided this is possible or available on site.
• If a stay of one night or more is necessary, the bus company must proactively organize overnight accommodation for the passengers in a hotel or comparable accommodation.
  companies can limit the maximum amount for hotel accommodation to 80 euros per person and the maximum duration to two nights.

If accommodation is NOT offered proactively, it is essential to contact the coach company first.
Do not book accommodation yourself before making contact. If you do have to organize and pay for accommodation yourself, apf recommends that you keep invoices and receipts.

§ The legal basis is Art. 21 of Regulation (EU) No. 181/2011.

What are the claims in the event of a bus cancellation, overbooking or delay of more than 120 minutes?

In this case, passengers must be proactively offered the choice between the following options by the bus company:

• Waiver of the onward journey and commencement of the free return journey including reimbursement of the fare (pro rata and free of charge) OR
  
  
• to continue the journey at the earliest possible time at no additional cost and under comparable conditions (e.g. with a subsequent bus or another connection).

Be sure to contact the company before you purchase tickets for an onward journey yourself.

If you ultimately have to organize alternative transport yourself, apf strongly recommends that you keep all invoices and receipts.

Ask the bus company to issue a confirmation of the bus delay or cancellation.

§ The legal basis is Art. 19 of Regulation (EU) No. 181/2011.

Are passengers entitled to compensation for bus cancellations or delays?

Passengers are entitled to compensation in the event of an expected delay of more than 120 minutes, bus cancellations, early departure. Overbooking and denied boarding entitle passengers to compensation if the bus company does NOT offer a choice between onward travel and a refund. In this case, the compensation amounts to 50 percent of the original ticket price.

The aim of the EU regulation is to limit inconvenience for passengers. The failure of the company to offer the choice between continuation of the journey, re-routing or refund is therefore clearly the trigger for the obligation to pay compensation.

However, those affected will only receive a refund if they do not make the journey.

In accordance with passenger rights, there is no claim to compensation for delays on bus services, regardless of whether the delay occurred on arrival or departure!

In accordance with national law, claims for damages for other disadvantages incurred can be asserted against the bus company if the bus company is at fault.

§ The legal basis is Art. 19 of Regulation (EU) No. 181/2011.

What is due if the bus departs too early?

According to the European Commission, an early departure can be considered a cancellation. The reason for this is that the situation for the individual passenger is comparable to a cancellation.
In this case, the passenger would also be entitled to the rights under Art. 19. However, only the European Court of Justice (ECJ) is responsible for a legally binding interpretation of Union law.

What is meant by "onward journey under comparable conditions"?

The term "comparable conditions" is not clearly defined in the EU Regulation.

The European Commission states that an alternative mode of transport should always be examined on a case-by-case basis, taking into account the specific circumstances. It could be considered as alternative transportation "under comparable conditions" if it meets certain criteria.

The European Commission's design guidelines for rail and air transport recommend that the following points in particular be taken into account under comparable conditions:

• The company should offer re-routing at no additional cost to the passenger.
  
  
• The total travel time should be as close as possible to the scheduled travel time of the original trip.
  
  
• The company must make reasonable efforts to avoid additional transfer connections when offering alternative services.
  
  
• If possible, those affected should not be downgraded to a lower class of transportation than the one booked. In the event of a downgrade from first to second class, the difference will be refunded.

These interpretative guidelines can also be adopted for long-distance coach transport. However, they do not constitute a legally binding interpretation of the EU Regulation.

What claims do coach passengers have if they arrive late at their destination?

In accordance with passenger rights, there is no claim to compensation for delays on bus services if passengers arrive late at their destination.

Claims for damages for other disadvantages can be asserted against the bus company in accordance with national law.
However, this requires fault on the part of the company.

§ The legal basis is Art. 22 of Regulation (EU) No. 181/2011.

What rights apply to coach package tours?

For package tours (e.g. combination of hotel and flight), the Package Travel Act applies in Austria with special rights and obligations.

Travelers can assert their rights in accordance with both the Package Travel Act and the relevant EU regulation. However, claims for compensation or price reduction that have already been granted once can be offset against the second assertion.

In the event of problems with a package tour, it is advisable to contact the organizer. Alternatively, claims under the EU regulation can also be made directly to the coach company.