Regulations on luggage in long-distance coach transport
from Jürgen Vogl
In particular, items that you are allowed to carry in the cabin of the bus are considered hand luggage. These are, for example, handbags, small rucksacks and suitcases that can be stowed in the footwell, on your lap or in a luggage compartment above your seat. As a passenger, you may take hand luggage with you free of charge. However, you are also responsible for supervising it.
It therefore stands to reason that luggage transported in the hold of the bus must therefore be considered luggage. But be careful, this is not always the case from a legal point of view, as the term "luggage" is precisely defined. A piece of baggage only counts as luggage if it is transported in the hold and a baggage check has been issued for it. This information is therefore essential, as the coach company is liable for luggage but not for hand luggage in the event of loss, theft or damage.
In practice, however, the process of loading and unloading luggage is usually very straightforward and informal. The luggage is usually stowed in the hold by the passengers themselves before the start of the journey and removed on arrival at the destination. In some cases, the driver helps, but is not obliged to do so. In practice, however, luggage receipts are only issued in the rarest of cases.
Legal basis
The relevant legal basis in Austria is the regulation on "General Conditions of Carriage for Regular Motorized Services" ("Kfl-Bef Bed", Federal Law Gazette II No. 47/2001 as amended). According to §[nbsp]34, as soon as a piece of luggage is stowed in the hold, the driver must issue the passenger with a luggage receipt, upon presentation of which the passenger will receive his luggage back at the end of the journey. In accordance with §[nbsp]30 of the Ordinance, the bus company may charge a surcharge for the transportation of luggage. A bus company has therefore only accepted the luggage in accordance with the provisions of the Ordinance if[nbsp] a luggage ticket has been issued and - if provided for - a fee has also been paid by the passenger to the driver. Only in these cases is the bus company liable for lost or stolen luggage.
If the driver does not issue a luggage receipt, the responsibility for the luggage remaining in the hold lies with you as a passenger, as it is then legally considered hand luggage. This means that the bus company is not liable for damage, loss or theft of luggage in the hold.
Recommendations of the apf
As many coach companies are on a tight budget and issuing luggage receipts is a considerable additional expense for the driver, they are usually simply dispensed with. The apf therefore recommends storing valuables, documents and other important items in hand luggage when traveling long distances - provided they can be taken into the coach cabin. If this is not possible, it should be clarified in advance with the coach company whether a baggage tag can be issued for the luggage (possibly for a fee) or whether there is another way of insuring the luggage in the hold against damage, loss and theft.
Further information on your rights as a passenger on bus services can be found on the homepage of the Passenger and Passenger Rights Agency at www.passagier.at.