Damage to the overhead power lines on the Nordbahn: What are passengers entitled to?

from Georg Loderbauer

Last weekend, a major incident occurred on the Nordbahn line in Lower Austria. A problem with the overhead power lines between Gänserndorf and Angern an der March led to a disruption in train service lasting several hours. Hundreds of passengers were affected, and according to media reports, the bus service put in place was only partially able to handle the volume of passengers.
According to the ÖBB, the incident was caused by a defect in a train’s pantograph, which damaged the overhead line. Due to single-track operation in the construction zone, it was not possible to divert the train. As a result, several hundred people had to interrupt their journey or arrange for alternative transportation.


The apf provides information on which passenger rights apply in such cases:

Passenger rights in the event of an expected delay of 60 minutes or more

If a delay of at least 60 minutes is expected upon arrival at the destination, passengers are entitled to the following

Cancellation of the Trip and Refund

  • Cancellation of the remainder of the trip and a free return trip to the starting point
  • Refund of the full or partial fare
  • Refunds are provided free of charge for unused portions of the trip or for the entire trip if the trip has become pointless

Continue the journey at the earliest opportunity

  • Continuation of the journey under comparable conditions (such as a different train, or, as in the example above, via a rail replacement service/bus)
  • Use of the same route or an alternative route at no additional cost
  • The right to compensation for delays remains in effect provided that the delay at the destination, as stated on the ticket, is 60 minutes or more.

These rules apply in particular to train cancellations, missed connections, or train evacuations due to overcrowding.

Entitlement to compensation for delay

Unless the trip is canceled, passengers holding single tickets are entitled to compensation in the event of a delay at the destination:

  • 60 minutes or more: 25% of the ticket price
  • 120 minutes or more: 50% of the ticket price

The actual delay in arrival at the destination, as indicated on the ticket, is what counts.

For time-based tickets (e.g., Klimaticket), passengers are not entitled to individual compensation, but rather to a lump-sum compensation if the punctuality rate falls below a certain threshold (see https://www.apf.gv.at/bahn-zeitkarten).

Onward travel and self-organized alternatives

If you decide to continue your journey, the following applies:

  • Transport under comparable conditions
  • No additional costs, even for higher-class connections or travel classes
  • as little additional travel time and transfers as possible

In this particular case, the railway company organized replacement bus service, but the buses did not have sufficient capacity to accommodate the number of passengers.

Self-organized onward journey

Passengers are entitled to arrange their own alternative transportation and claim reimbursement for the costs if:

  • the railway company agrees to the use of alternative modes of transportation, or
  • if the company does not actively offer a reasonable alternative within 100 minutes

In particular, the following are permitted:

  • other train or bus routes
  • in some cases, other modes of transportation (e.g., taxis)

In this particular case, there were no other train connections between Gänserndorf and Angern.

It appears that the regular regional bus services were also unable to accommodate all remaining passengers in the foreseeable future. Consequently, passengers who could not be transported either by the rail replacement service or by the regional buses were not generally, but at least in individual cases, entitled to reimbursement of taxi fares.

Entitlement to support: meals, taxi fare, and lodging

Catering

  • For delays of 60 minutes or more, meals and refreshments must be provided, subject to availability (limited availability at Gänserndorf Station).
  • Alternatively, expenses may be reimbursed upon presentation of receipts. ÖBB-Personenverkehr out five euros in cash at the ticket counter—provided it is staffed—for every full 60 minutes of delay.

Cab

  • Taxi fares will be reimbursed if there is no reasonable option to continue the journey on the same day using public transportation. For local transportation, there is a maximum limit of 65 euros per person; for people with disabilities and people with reduced mobility, there is generally no maximum limit.
  • Hotel accommodation: Coverage of up to 100 euros per person for local transportation if it is not possible or reasonable to continue the journey on the same day.

What should those affected do now?

People affected by Klimaticket should ensure that they participate in the compensation procedure of ÖBB-Personenverkehr https://servv.oebb.at/Fahrgastrechte/)—they will receive a lump-sum delay compensation if the punctuality rate falls below a certain threshold after the annual pass has expired.

Passengers with single-trip tickets should ÖBB-Personenverkehr Services regarding compensation for delays and submit receipts for any additional expenses incurred while waiting (such as meals, snacks, etc.) (see https://www.oebb.at/de/reiseplanung-services/kundenservice).

If you had to incur expenses for alternative transportation, you should also ÖBB-Personenverkehr a claim to ÖBB-Personenverkehr .

If the railway company does not respond to the request within one month or rejects the claims, the Agency for Passenger Rights is available to act Agency for Passenger Rights an independent arbitration body. arbitration request

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