Traveling by night train - rights in the event of reduced performance

Reduced performance on night trains - your rights

The overnight train promises a climate-friendly and well-rested arrival at your vacation destination.
The higher ticket price compared to air travel is often tolerated - after all, the first "overnight stay" is already included.
However, the promise of comfort cannot always be adequately kept.

This year, there have already been many articles in the media about reduced performance on night train connections (primarily those of the ÖBB NightJet).
For example, on profil.at

Complaints are often made that there is a lack of appropriate carriage material to offer all passengers the booked class (sleeping car, couchette car, seating car).
The apf has taken this issue as an opportunity to provide information on what passengers should bear in mind when traveling by night train - and what the legal situation is regarding refunds and compensation payments.

The booked sleeping car is not carried - what can passengers do?

From the traveler's point of view, this is the worst-case scenario.
You are standing on the platform with your luggage and travel companion, the train arrives - and the couchette or sleeping car you booked is not there.

National passenger rights contain regulations for the protection of passengers.

If the company has the passenger's contact details, it must be informed in good time of any disruptions, such as the cancellation of the booked couchette or sleeper car. This obligation does not apply if the booked service is canceled at short notice.

Passengers are entitled to a free refund for the service not provided by the company.

If a passenger is only transported in a couchette or sleeper car instead of in a couchette or sleeper car as booked, they will be refunded the surcharge for the couchette or sleeper car compartment.
In individual cases, this right will also include the passenger being able to withdraw from the transport contract altogether and receive a full refund of the fare.

It is important that passengers find out about their train or the composition of the train before setting off - and proactively contact the rail company if no information is provided by the rail company.

The earlier passengers are aware of the train composition, the easier it is to find alternatives.

In the event of service restrictions (e.g. failure of a sleeping car), passengers should contact the railroad company or the train crew on the train. If necessary, a suitable alternative can be offered (e.g. a couchette instead of a sleeping car).

The booking class was not available - is compensation due?

The refund of the price difference between the class booked and the class actually used can finally be requested via the customer service of the railroad company. In the case of a NightJet journey with ÖBB Personenverkehr at: https://www.oebb.at/de/reiseplanung-services/kundenservice

In accordance with national passenger rights, the passenger is entitled to compensation for the difference between the booking class booked and the booking class used, without deduction of fees. Depending on the individual case, the passenger can also try to claim a higher amount from the company due to the lower booking class or the lack of equipment.

The night train is several hours late - what are passengers entitled to?

A long delay or the cancellation of a night train journey is no different from a regular long-distance connection in terms of passenger rights:

Passengers who are delayed by 60 minutes or more receive a 25 percent refund of the ticket price

Passengers who are delayed by 120 minutes or more receive a 50 percent refund of the ticket price

The relevant factor here is the delay at the destination of the ticket or through-ticket.

For return tickets, the pro rata price per direction of travel will be reimbursed.

There is no entitlement to delay compensation if passengers were informed of the delay/train cancellation before purchasing the ticket.

If the delay or train cancellation was directly caused by certain circumstances that the railroad company was unable to avoid despite exercising due care, there is also no entitlement to payment of the compensation amount. These circumstances include: major natural disasters; emergencies on the train; law enforcement measures; extreme weather events, etc.

Compensation must be paid within one month of the application being submitted. Compensation may be offered in the form of vouchers, but must be paid in cash if the passenger so wishes.

The apf helps free of charge

If no agreement can be reached with the railroad company, apf will help with an arbitration procedure free of charge and commission.

Travelers who are affected by downgrading, train cancellations or delays can submit a complaint online at arbitration request or contact the apf team by phone at: +43 1 5050 707 710 (Mon-Fri; 10:00 - 12:00).