Compensation for delays on bus services
from Jürgen Vogl
Rail passengers with a one-way ticket are generally entitled to compensation from a delay of more than 60 minutes, whereby the time of arrival is relevant. If ship passengers arrive at their destination more than two hours later, they are also entitled to compensation (depending on the actual duration of the delay and the regular duration of the journey). Air passengers are generally entitled to compensation for delays of three hours or more. For trains, flights and ships, the question of whether compensation is due is therefore always based on the arrival delay, i.e. the difference between the actual arrival time and the planned arrival time.
Furthermore, the train, ship or airline company must also provide care services in the event of departure delays of a certain duration, i.e. offer free snacks and drinks and - if necessary - provide an overnight stay in a hotel including transfer. For air passengers, this applies from a departure delay of two hours (three or four hours for longer flights), while ship passengers are entitled to care services from a delay of 90 minutes. Rail passengers are entitled to these services if their departure or onward journey is delayed by as little as 60 minutes.
Compensation for delays is regulated differently in bus transport: Article 21 of the aforementioned Regulation (EU) No. 181/2011 stipulates that bus passengers must be offered assistance services in the same way as ship passengers in the event of departure delays of more than 90 minutes. Furthermore, according to Article 19, bus passengers can choose whether to cancel their ticket free of charge ("fare refund") or travel later ("alternative transport") in the event of a departure delay of more than 120 minutes, overbooking of the bus or complete cancellation of the journey.
If the bus company does not offer the affected passengers this choice, it must also pay them compensation amounting to 50 percent of the ticket price. The regulation on bus passenger rights does not provide for compensation in the event of late arrival. This can be explained, among other things, by the fact that unforeseeable delays can always occur in road traffic during the journey for which the bus company cannot be held responsible (e.g. traffic jams or detour).