General information on apf in air traffic
The task of the apf is to provide passengers and customers of
- Airlines that take off or land in Austria (e.g. Austrian Airlines, EasyJet Europe, RyanAir, WizzAir, Lufthansa)
- Tour operators / travel agents (e.g. Ruefa Reisen)
- Airport operators (e.g. Vienna Airport, Salzburg Airport)
without going to court if one of the following cases applies:
- Delay
- Cancellation
- Baggage problems (with branch in Austria)
- Denied boarding/overbooking
- Missing information
- Downgrading
- Non-compliance with the rights of people with disabilities
- Other problems related to transportation (if established in Austria)
The apf sees itself as an independent intermediary between the companies and their customers.
Information on passenger rights for trains, buses, ships and flights is also available on the portal YOUR EUROPE portal.
A list of airlines and airports based or operating in Austria and their contact details can be found here:
Contact customer support
The apf does not process arbitration requests for the following complaints:
- Complaints that do not concern the transportation of passengers or baggage
e.g. noise pollution or transport policy. e.g. noise pollution or transport policy - Complaints not previously submitted to the company
if the complaint was not first submitted to the company to resolve the issue - No local jurisdiction
if neither the place of departure nor the place of arrival or establishment of the company concerned is in Austria - Statute of limitations
Complaints submitted to apf more than two years after filing with the company - Judicial or administrative proceedings
If the claim is already pending in court or under administrative law or a legally binding decision/settlement has been reached - Duplicate proceedings
Complaints that have already been the subject of conciliation or enforcement proceedings. - Lack of jurisdiction
Complaints for which another dispute resolution body for alternative dispute resolution or national enforcement body is responsible. - Willful or harassing complaints
- Disproportionate effort for the apf
If processing would seriously impair the effective operation of the apf, e.g. due to extensive taking of evidence or overly complex legal issues.
This includes requests for arbitration regarding complaints about construction work, general (traffic) policy matters. - Missing documents for commercial claim enforcers
if a company that has taken on 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.
Arbitration
- All passengers and customers of airlines based in Austria:
- Airlines
- Tour operators
- Airports
Enforcement
if the place of arrival or departure of the company concerned is in Austria.
The apf does not replace the complaints management of the respective company.
- Before the apf can take action, passengers must try to reach an agreement with the airline concerned.
e.g. by submitting claims to the airline concerned - No agreement
If there is no agreement or no final response from the company within six weeks of submitting the complaint, those affected can contact the apf. - Online dispute resolution form fill out 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.
If the apf becomes aware of a violation of passenger rights, it also examines the filing of an administrative penalty complaint against the company 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 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 has the character of a recommendation.
Requirements and participation
- All information and documents must be provided in writing.
To this end, the onlinearbitration request 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 are obliged to participate in the procedure and to provide the apf with all information required 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
Flight
Linke Wienzeile 4/1/6
1060 Vienna
By phone:
+43 1 5050 707 740
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.