Focus of arbitration activity in bus transport for the year 2023

Focus of arbitration activity in bus transport for the year 2023

In Austria, the Agency for Passenger Rights (apf) is also the legal arbitration and enforcement body for long-distance bus services with a route length of at least 250 kilometers. In this function, it mediates between passengers and bus companies. In the proceedings of 2023, the apf was able to identify three main topics relating to passenger rights in long-distance bus transport, which have increasingly led to arbitration procedure :

• Insufficient information on the mandatory choice between reimbursement and alternative transportation in the event of departure delays of more than two hours or cancellations
• Insufficient supply of food for waiting times of more than 90 minutes
• Lack of willingness to reimburse for alternative means of transportation

Mandatory option not offered

The arbitration activity 's investigations for the year 2023 show that bus companies often do not offer the legally prescribed option with regard to compensation for departure delays, cancellations and overbooking. According to Regulation (EU) 181/2011, a bus company must offer passengers the choice between not continuing their journey with a simultaneous refund of the ticket price free of charge and continuing the journey under comparable conditions and at no additional cost (alternative transport) from a departure delay of 120 minutes. If this option is not offered, the passengers concerned are entitled to compensation amounting to 50 percent of the fare.

Assistance/catering on site

The assistance provided in the event of departure delays and bus cancellations was also repeatedly the subject of proceedings, particularly with regard to meals and refreshments. The apf was able to establish that FlixBus, the market leader in long-distance bus transport in Austria, did not sufficiently fulfill its obligation in all arbitration requests to offer meals and refreshments from a departure delay of 90 minutes for a bus journey lasting more than three hours. However, the apf has been able to reach agreements with the company in the proceedings that provide for flat-rate or individual compensation for assistance not provided.

Recognition of alternative transportation

Furthermore, challenges in connection with alternative transportation became apparent in the proceedings. FlixBus was sometimes dismissive in the requests for conciliation with regard to compensation for alternatively booked tickets that did not correspond exactly to the same itinerary. [-]For example, for journeys closer to home instead of to the bus station at the destination. In the proceedings, the apf always pointed out that the EU regulation permits a modified route. Recommendations to passengers include choosing the same destination if possible when booking alternative connections, and to companies not to make blanket refusals for understandable reasons.

The apf recommends that passengers always provide their contact details when making bookings so that they can be informed of disruptions in good time. In addition, all receipts for expenses incurred in the course of the delay should be kept.

The apf expects bus companies to comply with all legal obligations arising from passenger rights, in particular with regard to the offer of compensation and the provision of assistance. In addition, the apf demands an end to the blanket rejection of claims in the event of a changed itinerary.