General information on apf in rail transport
The task of the apf is to provide passengers and customers of
- Railroad companies (e.g. ÖBB-Personenverkehr, WESTbahn, Wiener Lokalbahnen, Raaberbahn, etc.)
- inner-city transport companies (e.g. Wiener Linien, Graz Linien)
- Ticket vendors (e.g. One Mobility GmbH, Trainline)
- Tour operators / travel agents (e.g. Ruefa Reisen)
- Station operators (e.g. ÖBB-Infrastruktur)
- Transport associations (e.g. VOR, VVT, OÖVV)
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.
A list of railroad companies, inner-city transport companies and transport associations based or operating in Austria and their contact details can be found here:
The Agency for Passenger Rights (apf) does not process arbitration requests for complaints,
- that do not concern the transportation of passengers or luggage. (e.g. noise pollution, transport policy, etc.)
- which are not based on an alleged violation of the rights of passengers pursuant to Regulation (EU) 782/2021 of the Rail Passenger Transport Act or Annex 1 of the Regulation on the introduction of the climate ticket
- which were not first submitted to the company concerned to solve the problem (Section 78a (1) EisbG)
- which are not submitted to the apf within three months of receipt of a rejection of the complaint or without a response from the railroad undertaking (Section 78a (2) EisbG).
- if the railroad undertaking involved in the incident does not have a license in Austria or the incident with the station operator did not occur in Austria (Section 78a (2) EisbG).
- if the ticket was not purchased from a company based in Austria (e.g. tickets from DB, Trenitalia, ŽSSK, České dráhy, etc.)
- against conditions of carriage of companies not established in Austria.
- which are submitted to the apf more than two years 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 .
- whose amount in dispute is less than EUR 15 if the matter in dispute is not of fundamental importance beyond the individual case. (Section 78a (1) EisbG)
- the handling of which could seriously impair the effective operation of apf. (e.g. by taking extensive evidence or dealing with complex legal issues). This includes requests for arbitration regarding complaints about construction work, noise pollution, general (traffic) policy matters.
- 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, inner-city transport companies, ticket sellers, tour operators, travel agents, station operators and transport associations based 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,
- Reimbursement
- Assistance
- Delays
- Train cancellations,
- increased 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 can be asserted before the competent courts in accordance with the arbitration procedure .
The arbitration proposal in this case is a recommendation.
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 this end, the online-arbitration request form on this website
If it is not possible to attach all documents electronically, copies can also be sent by post.
We require the following data:
First name and surname
Address
Telephone number
E-mail address - A complete written statement of the facts.
- The written complaint addressed to the company (letter, e-mail).
- Copies of all documents that are helpful for clarification
(e.g. ticket, free travel pass, apprentice or vocational school ID, discount card, cab or hotel bills, 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.
In the course of the conciliation procedure,both the applicant and the company areobliged to participate in the procedure and to provide the apf with all information necessary to assess the situation.
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 him/herself, 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
Bus
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.