Organization

• apf has been set up as a department at Schienen-Control GmbH.
• The apf is the central point of contact for all modes of transport - this means that in the event of a dispute, it can stand up for passengers on trains, buses, ships, planes, streetcars and subway trains and help them to assert their rights in arbitration proceedings.
• On January 9, 2016, apf became a notified ADR entity in accordance with the AStG, the national implementation of Directive 2013/11/EU on Alternative Dispute Resolution in Consumer Matters (ADR Directive). This makes it one of eight ADR entities operating in Austria. The apf therefore uses a logo with the federal coat of arms and the words "Staatlich anerkannte Verbraucherschlichtungsstelle".
• Since July 21, 2024, the apf has also been the single arbitration body for all complaints about obligations arising from a contract for consideration with a consumer in the context of the transport of passengers or air passengers on railroads, with motor vehicle lines, in aviation and in shipping or with inner-city transport companies, provided that the company has a branch in Austria

Tasks

• The apf is the central point of contact for all modes of transport - this means that in the event of a dispute, it can stand up for passengers and customers of rail, bus, ship and airline companies, tour operators, travel agents or ticket/airline ticket sellers, operators of a train/bus station/airport or port, inner-city transport companies or transport associations and help them to assert their rights within the framework of arbitration proceedings.
• There is currently no possibility for companies to lodge complaints against passengers or customers.  

Responsibility

• In accordance with Section 78a (1) of the Austrian Railway Act (Eisenbahngesetz - EisbG), concerns can be raised by interest groups, passengers and customers of railroad companies, station operators, tour operators, ticket vendors, inner-city transport companies or transport associations if there is a problem with the railroad transport services and other companies commissioned by them and with the company itself could not be resolved within one month, in duly justified cases within a maximum of three months.
• Pursuant to Section 78a (2) of the Austrian Railway Act (EisbG), all cases brought before apf by interest groups and passengers due to alleged violations of applicable provisions of Regulation (EU) 2021/782, the Austrian Railway Transport and Passenger Rights Act (EisbBFG) or Supplement 1 of the Ordinance on the Introduction of the Climate Ticket as well as due to alleged unlawful provisions in the conditions of carriage including the compensation conditions pursuant to Section 22a EisbG are covered.
• Pursuant to Section 78a (1), the apf is only responsible for companies established in Austria and pursuant to Section 78a (2) if the railroad undertaking involved in the incident has been granted a license in Austria or if the incident occurred on the territory of Austria and there is an alleged violation of passengers' rights pursuant to Regulation (EU) 2021/782.
• The jurisdiction of the ordinary courts remains unaffected.

• Applicants can be interest groups, passengers or customers, provided that the arbitration request concerns the transportation of passengers or luggage.
• Defendant can
  • Shipping company
  • Port or terminal operator
  • Tour operator or travel agent
  • ticket vendor
  • inner-city transport companies and
  • Transport associations

be,.

• Passenger or customer is a person who uses, is authorized to use or intends to use a company.
• Interest groups are an association of natural or legal persons, either voluntarily or through various forms of coercion. In Austria, interest groups are, for example, chambers, industrial associations, the Austrian Trade Union Federation, works councils, citizens' initiatives and associations. The actual existence of the representation of interests or the power of representation must be substantiated when lodging the complaint or, if requested by the apf, proven (extract from the register of associations, works council confirmation, etc.).

• Cases concerning the (intended) carriage of passengers or baggage may be the subject of a request for conciliation (complaint) pursuant to Sections 1 (1) and 4 (1) no. 4 AStG in conjunction with Sections 1 and 2 no. 2 b of the Federal Act on the Agency for Passenger Rights to the apf. This also includes cases in which passengers have no legal claim. This concerns, for example, an arbitration request due to penalties for traveling without or without a valid ticket, fare refunds for personal reasons of the passenger as well as lack of information or problems with employees. The standard for handling arbitration procedure is the average reasonable, informed and honest passenger or customer.
• The subject of a conciliation request (complaint) pursuant to Section 32b KflG to the apf can be cases due to alleged violations of applicable provisions of Regulation (EU) 1177/2010. This includes all cases concerning rights under this regulation, for example compensation due to a lack of choice between onward travel and reimbursement, fare reimbursements or assistance such as cab or hotel costs due to delays or bus cancellations, the loss of or damage to luggage in the event of accidents or compensation for damaged or lost wheelchairs and other mobility aids.

• The parties to the proceedings may be represented at any stage of the proceedings. Please refer to Section 15 of the procedural guidelines with regard to the resulting costs. If representation is not provided by a lawyer, a written power of attorney must be submitted to the apf upon request.
• Pursuant to § 11 of the Procedural Directive, the parties to the proceedings must, upon request, name a person who is authorized to conduct the conciliation proceedings, attend the hearing and conclude the conciliation proceedings.

• The arbitration procedure is generally conducted in German. In addition, we offer applicants the non-binding option of conducting the arbitration procedure in English.
• Unless otherwise required by the apf, comments within the scope of the procedure must be submitted in writing.
  
  
• The apf sends its letters to the parties to the proceedings to the e-mail address provided.
  
  
• If the parties to the proceedings do not have an e-mail address, the letters will be sent by letter to the address provided.

• Applicants and companies are obliged to participate in the arbitration procedure and to provide the apf with all information and documents required to assess the situation.
  
  
• If the apf requests the parties to the proceedings to submit a statement or to provide information or documents in the course of the proceedings, these must be received by the apf within a period of time specified by the apf.
  
  
• The parties to the proceedings have the opportunity to respond to the arguments put forward by the opposing party within the period set by the apf of one to a maximum of eight weeks - with justified exceptions.
  
  
• Incorrect and/or incomplete information may lead to the termination of arbitration proceedings.
  
  
• During the conciliation procedure, the parties to the procedure must only correspond with apf regarding the specific complaint, except in justified cases. Other institutions and organizations are not to be consulted during the proceedings, except in justified cases.

• The companies participating in the arbitration procedure are required not to charge any interest on arrears or other additional costs such as reminder or collection fees for the duration of the arbitration procedure until it is concluded.

• apf is committed to complying with data protection regulations. We only use personal data to fulfill the legal obligations imposed on us.
• We process personal data exclusively on the basis of our legal mandate and in accordance with the provisions of the Data Protection Act (DSG) and the General Data Protection Regulation (GDPR). We only store personal data for as long as is necessary and legally permitted in order to fulfill the purpose of dispute resolution and the agendas as an enforcement body. We also use some of the master data in anonymized form as statistical data (e.g. for the allocation to a federal state for our annual report) due to legal requirements. We take all necessary technical and organizational measures to protect personal data in the best possible way.
  
  
• The parties to the proceedings undertake to keep the content of the arbitration proceedings confidential from the media for the duration of the proceedings.
  
  
• The entire privacy policy of Agency for Passenger Rights (apf) can be accessed here.

• 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.
  
  
• Invitation to the company concerned to submit written comments
  
  
• If it appears appropriate, the apf may invite one or all of the parties involved to a voluntary oral hearing at their business premises.
  A named person from the company must be invited in accordance with Section 5 (2) of the Procedural Guideline. The apf may refrain from holding an oral hearing if the applicant refuses to do so. During the oral hearing, the parties to the proceedings have the opportunity to present the facts of the case orally. A representative of the apf will endeavor to reach an agreement.
  
  
• Development of a proposed solution by the apf.
  The apf is free to assess the evidence. On the basis of the submissions made by both parties and any expert opinions obtained, the conciliation body assesses the case from a legal (e.g. Regulation (EU) 2021/782, EisbG, EisbBFG, Consumer Protection Act (KSchG), General Civil Code (ABGB), Railway and Motor Vehicle Liability Act (EKHG), Federal Act against Unfair Competition (UWG)) and factual (e.g. equity considerations) perspective. On the basis of this assessment, apf develops a proposed solution - preferably in cooperation with the parties to the proceedings. The apf forwards the proposed solution to the parties to the proceedings together with any expert opinion that may be available. Apart from justified exceptions, the parties to the proceedings must agree to the proposed solution or reject it with reasons within a deadline set by the apf. The proposed solution always contains the following general information: acceptance of the proposed solution is not binding; participation in the arbitration procedure does not preclude the enforcement of rights through the ordinary courts after the conclusion of the arbitration procedure; the proposed solution may be different from the outcome of court proceedings; the agreement of both parties to the proceedings to the proposed solution constitutes consent to an effective out-of-court settlement. However, if one of the parties to the proceedings does not comply with the settlement, the opposing party must take legal action in order to enforce the settlement in court. If the reviews by the apf provide no indication that the complainant's arguments can be followed, the proceedings will be terminated without the preparation of a proposed solution.
  
  
• Approval / rejection of the proposed solution by the parties to the proceedings.
  The parties to the proceedings are informed of the result in writing - with justified exceptions. Justified exceptions may include non-monetary requests for conciliation that are not of fundamental importance or requests for conciliation where the facts of the case require the parties to the proceedings to be informed quickly. Upon notification of the result, the proceedings are deemed to be concluded.
  If an agreement is reached between the parties to the proceedings on the subject matter of the conciliation request - regardless of the stage of the proceedings - outside of the proceedings conducted by apf, this fact and the content of the agreement must be communicated to apf in writing without delay. The applicant may also terminate the proceedings at any time. The arbitration procedure will then be discontinued by the apf and the parties to the proceedings will be notified of the discontinuation in writing (by post or email).
  If both parties to the proceedings accept the proposed solution, they thereby 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 the settlement in court.
  If one of the parties to the proceedings does not accept apf's settlement proposal, it has no binding effect. The proceedings before the apf are then terminated. In individual cases, the apf may make a final, non-binding and non-contestable recommendation to settle the matter if this could contribute to a solution.
  Applicants can assert their claims before the competent courts independently of the arbitration procedure .
  The parties to the proceedings are informed that they can conclude a pre-trial settlement in court in accordance with Section 433 of the Code of Civil Procedure (ZPO) in order to ensure the enforceability of their agreement. This constitutes a writ of execution.
  In the event of complaints pursuant to § 78a Para. 2 EisbG, the Schienen-Control Commission must be informed if no amicable solution can be reached. The Schienen-Control Commission may declare the recommendation of the apf binding by means of a decision in the case of requests for arbitration pursuant to § 78a Para. 6 EisbG regarding fare compensation, reimbursement and assistance in the event of delays or train cancellations, regarding the increased fare or other ancillary charges as well as regarding exclusion from carriage due to an alleged violation of applicable provisions of Regulation (EU) 2021/782, the EisbBFG or Annex 1 of the Regulation on the introduction of the climate ticket.

The amount of the contributions of the companies affected by arbitration procedure is set in accordance with the PFAG Cost Contribution Ordinance and currently amounts to EUR 78.

Each party to the proceedings shall bear its own costs arising from the arbitration procedure . These include their own postage and copying costs, any lawyer's fees, costs for expert opinions commissioned by the parties to the proceedings themselves and the personal time spent.

The submission of the request for arbitration and the duration of the arbitration procedure suspends the running of the limitation period (time limits only begin to run again after the conclusion of the procedure). This means that even if no agreement is reached in the arbitration procedure , passengers and customers can assert their claims before the competent courts.