General information on apf in rail transport
The task of the apf is to provide passengers and customers of
- Railway companies ( e.g., ÖBB-Personenverkehr, Westbahn, Wiener Lokalbahnen, Raaberbahn, etc.)
- Inner-city transport companies (e.g. Wiener Linien, Graz Linien, Linz Linien, Salzburg AG, Innsbrucker Verkehrsbetriebe)
- Ticket vendors (e.g. One Mobility GmbH)
- Tour operators / travel agents (e.g. Ruefa Reisen)
- Station operators (e.g. ÖBB-Infrastruktur)
- Transport associations (e.g. VOR, VVT, OÖVV, VST)
to obtain their rights without going to court, insofar as it concerns the (intended) transportation of passengers or baggage.
The apf sees itself as an independent intermediary between the companies and their passengers and customers.
Information on passenger rights for trains, buses, ships and flights is also available on the portal YOUR EUROPE portal.
You can find a list of railway companies, urban transit agencies, and transit associations based or operating in Austria, along with their contact information, here.
The Agency for Passenger Rights (apf) does not process arbitration requests for complaints,
- that do not concern the transport of passengers or luggage (e.g. noise pollution, transportation policy, etc.).
- that are not based on an alleged violation of passengers’ rights under Regulation (EU) No. 782/2021 of the Federal Ministry for Infrastructure or Annex 1 of the Regulation on the Introduction of the Climate Ticket.
- that were not first submitted to the affected company for resolution of the problem (Section 78a(1) of the EisbG).
- that are not filed with the apf within three months of receiving a rejection of the complaint or in the absence of a response from the railway undertaking (Section 78a(2) of the Railway Act).
- if the railway undertaking involved in the incident does not hold a license in Austria or if the incident involving the station operator did not occur in Austria (Section 78a(2) of the Railway Act).
- if, in the case of transportation, neither the point of arrival nor the point of departure, nor the business location of the relevant company, is in Austria (Section 78a(1) of the Austrian Travel Act) (e.g., tickets from DB in Germany, Trenitalia in Italy, etc.).
- against conditions of carriage of companies not established in Austria.
- which are submitted to apf more than one year after the date of submission to the company.
- about claims, alleged violations or alleged unlawful regulations that are pending in court or under administrative law or have been finally decided or finally settled.
- which have already been the subject of arbitration or enforcement proceedings.
- for which another arbitration-board for alternative dispute resolution or national enforcement body is responsible.
- about disputes that are willful or vexatious.
- where the amount in dispute is less than 15 euros , provided that the matter in dispute does not have fundamental significance beyond the individual case (Section 78a(1) of the EisbG).
- whose handling could seriously impair the effective operation of the APF (for example, due to extensive evidence-gathering or complex legal issues).
- if the company that has taken over the enforcement of the passenger's claims in return for payment does not send/settle the requested additional documents, evidence or the contribution to the costs of the proceedings before the proceedings begin.
The apf acts as an arbitration board for all passengers and customers of railroad companies established in Austria, inner-city transport companies, ticket vendors, tour operators, travel agents, station operators and transport associations for transportation with arrival or departure points in Austria.
In addition, the apf is the enforcement body in accordance with Regulation (EU) 782/2021 if Austria grants the license to the railroad undertaking involved in the incident or against a station or infrastructure manager if the incident occurred in Austria.
The apf does not replace the complaints management of the respective company. Before the apf can become active, passengers must try to reach an agreement with the company concerned.
If there is no agreement or no final response from the company within one month of the complaint being submitted, those affected can turn to the apf.
arbitration procedure: Basics and procedure
Arbitration is a conflict resolution procedure in which a dispute is settled without the help of a court. The apf develops an individual solution proposal and mediates between the parties involved and the company.
- Check whether a procedure can be opened
As soon as the written arbitration request has been received by the apf, a check is made as to whether an arbitration procedure can be opened. - Request for a written statement from the company concerned
If an arbitration procedure is initiated, the apf will request a written statement from the company concerned. - If it appears expedient, the apf may invite one or all of the parties involved to a voluntary oral hearing at their business premises.
- Development of a proposed solution by the apf.
- Approval / rejection of the proposed solution by the parties to the proceedings.
If no arbitration procedure is possible, we will of course inform you of the reasons for the rejection and will be happy to tell you which office you can contact instead.
Please refer to our procedural guidelines under "Legal basis" for the exact procedures.
The processing time depends on the one hand on the response time of the respective company and on the other hand on the individual complexity.
apf always endeavors to bring about a positive solution as quickly as possible within the framework of the conciliation procedure - in many cases this is possible within two to three weeks. In complex cases, a solution is sought within three months.
The apf works out a solution that in most cases leads to a settlement and thus to the end of the dispute.
The recommended solution of the apf may be different from the outcome of a court case. Acceptance of the solution is not binding.
If the arbitration procedure does not lead to an agreement, it will be terminated.
The Schienen-Control Commission may, in the case of requests for arbitration concerning
- Fare compensation,
- Refund,
- Assistance,
- Delays,
- Train cancellations,
- a higher fare or other additional charges,
- Exclusion from transportation
declare the recommendation of the apf to be binding due to an alleged violation of applicable provisions by means of a decision.
This relates to Section 78a (6) EisbG, Regulation (EU) 2021/782, the EisbBFG or Annex 1 of the Ordinance on the Introduction of the Climate Ticket.
If apf becomes aware of a violation of passenger rights, it will also consider filing an administrative offense complaint with the competent district administrative authority.
If both parties accept the proposed solution, they agree to an effective out-of-court settlement.
If one of the parties to the proceedings does not comply with the settlement reached, the opposing party must take legal action to enforce it.
If one of the parties does not accept the apf solution, it has no binding effect.
Claims may be brought arbitration procedure the competent courts in accordance with the arbitration procedure .
In this case, the arbitration award is non-binding.
The Schienen-Control Commission can declare the solution proposed by the apf to be binding. For example, in the case of complaints from passengers concerning lack of or insufficient fare compensation, reimbursement and assistance in the event of train delays and cancellations, penalties or exclusion from carriage, and where no agreement has been reached with the railroad company, ticket vendor or station operator.
Requirements and participation
- All information and documents must be provided in writing.
To do so, the arbitration request on this website.
If it is not possible to attach all documents electronically, copies may also be sent by mail.
We require the following information:
First and last name
Address
Phone number
Email address - A complete written account of the facts
- The written complaint sent to the company (letter, email)
- Please send copies of all documents that may be helpful in resolving the matter to
(e.g., ticket, free pass, apprentice or vocational school ID, discount card, taxi or hotel receipts, etc.). - The complete correspondence with the company
- The claim against the company. What should we achieve for you?
(reimbursement, compensation, assumption of replacement costs, etc.) - By submitting an application for conciliation, applicants acknowledge the apf's procedural guidelines and confirm that all information provided is true. Upon request, the apf will also send the procedural guidelines by e-mail or post.
During the conciliation procedure, both the petitioners and the company are required to cooperate with the proceedings and provide the apf with all information necessary for assessing the facts of the case.
Incorrect and/or incomplete information may lead to the termination of arbitration proceedings.
Other institutions and organizations should not be consulted during ongoing proceedings, except in justified cases.
At any stage of the procedure, applicants can be represented by a legal representative or a person of trust at their own expense.
Proof of power of representation (e.g., by means of a power of attorney) must be provided on request.
Costs and current deadlines
The arbitration procedure is free of charge for passengers.
If costs are incurred during the proceedings that are caused by the applicant themself, such as postage and copying costs, any legal fees, etc., these shall be borne by the applicant him/herself.
The submission of the application for conciliation to the apf and the duration of the conciliation proceedings suspend the running of the limitation period (time limits only begin to run again after the proceedings have been concluded).
This means that even if no agreement is reached in the arbitration procedure , you can assert your claims before the competent courts.
Data protection and accessibility
The processing of personal data, regardless of the way in which the request for conciliation is submitted, is carried out exclusively for the purpose of processing the case and conducting the proceedings.
Data without personal reference is used in the context of publications, such as the annual report on the fulfillment of our tasks as an agency (in accordance with Section 8 (2) of the Federal Act on Agency for Passenger Rights [PFAG] and Section 9 of the Alternative Dispute Resolution Act [AStG]).
Due to legal obligations, apf uses the collected data in anonymized form for statistical evaluations (e.g., on the number of proceedings, processing time, etc.).
To contact us, please use our online arbitration request
You will receive an e-mail confirmation that we have received your arbitration request .
If you do not hear from us after two weeks, please contact us again. If there are deadlines to be met, please contact us earlier if necessary.
If electronic transmission is not possible for you, you can also send us your request by post.
By post:
Agency for Passenger Rights
Railway Division
Linke Wienzeile 4/1/6
1060 Vienna
By phone:
+43 1 5050 707 710
Mon-Fri (10:00 - 12:00) except public holidays
Telephone consultations on the course of a conciliation procedure.
A arbitration request must always be submitted online/written.