Train delayed - flight missed: your rights as a traveler

Train delayed - flight missed: your rights as a traveler

A train delay or cancellation can have a significant impact on travel plans, especially if travelers miss their flight as a result. It happens time and again that connections to Vienna Airport are severely delayed or terminate at Vienna Central Station. In such cases, passengers must choose an alternative connection to the airport or, if this is not possible, take a cab. The inconvenience and expense involved can be considerable, especially if the flight is missed. In this blog post, we explain what rights travelers have in such a situation and what steps you can take to assert your claims.

Regulations for train delays

If a train is delayed, passengers are generally entitled to compensation for the train ticket. From a delay of 60 minutes, travelers can claim back part of the ticket price. The exact amount of compensation depends on the length of the delay:

• 60 to 119 minutes delay: refund of 25% of the fare.
• 120 minutes or more delay: refund of 50% of the fare.

This regulation applies to one-way tickets. Specific regulations apply to season tickets, such as weekly and monthly tickets or KlimaTickets. There is no entitlement to compensation for delays if passengers were informed of the delay or train cancellation before purchasing the ticket.

Alternative transportation to the airport and accommodation

From an expected delay of 60 minutes or more, the train ticket is also valid for other train connections of the same railroad company (ÖBB-PV or CAT) to Vienna Airport and any train connections must be canceled. After consultation with the railroad company, a journey can also be made with another company (City Airport Train, ÖBB-Personenverkehr, Vienna Airport Lines). From a delay of 100 minutes without the suggestion of the railroad company, this can also be done without consultation and the costs can be claimed.

On the other hand, passengers are usually only entitled to a cab on the basis of their passenger rights if no public connection to Vienna Airport is possible on the same day. This is the case, for example, if the transport service is interrupted for a longer period of time without an alternative transport service or if the last connection of the day is the case.

There is a right to compensation for cab costs if the company is responsible for the delay. A duty to mitigate damages applies in the context of compensation. ÖBB-Personenverkehr usually only covers cab and subsequent costs if sufficient time has been planned for the transfer at the airport from the train to the plane.

You may also be entitled to reimbursement of accommodation costs at the airport until the alternative flight.

What happens if you miss your flight due to a train delay?

If a flight is not reached due to a train delay, the question of consequential costs arises in addition to passenger claims. Under certain circumstances, ÖBB-Personenverkehr also covers consequential costs by way of compensation if the company is at fault for the delay or train cancellation and if sufficient time has been planned for arrival at the airport. The railroad company considers it necessary that the train would have arrived at the airport at least two hours before an intra-European flight or three hours before a flight outside the EU if it had been scheduled.

For the apf, the specifications of the respective airline are relevant here (e.g. check-in times, baggage drop-off times, gate closing times) and that travelers have planned sufficient time to be able to meet these specifications when arriving at the airport as scheduled. For example, the times for travelers who are only traveling with hand baggage are to be assessed differently than for people with checked baggage.

If this is the case, travelers may be entitled to (partial) reimbursement of the costs of a new flight or other necessary expenses incurred as a result of missing the original flight (e.g. rebooking costs, accommodation costs). In such cases, the rail company will carry out a detailed examination of each individual case before such costs are covered.

Support from the apf

If passengers have difficulties asserting their rights against the rail company, they can contact the Agency for Passenger Rights (apf). The apf offers a free arbitration procedure which aims to reach an amicable solution between passengers and transport providers.

However, it should be noted that the apf can only review such claims in the context of arbitration and attempt to reach an agreement.

If no agreement is reached in the arbitration procedure , the apf cannot take legal action in court. In the absence of an agreement, for example in the case of complaints about fare compensation, reimbursement and assistance in the event of delays or train cancellations, the apf can refer the case to the Schienen-Control Commission. This can then declare the solution proposed by the apf to be binding and award the passenger compensation by means of a decision. This replaces the need for the passenger to go to court, unless the railroad company appeals against the decision.