Passenger and passenger rights agency

from Wikipedia, the free encyclopedia

The Agency for Passenger and Passenger Rights (apf) is the legally provided, cross-mode, independent, free and commission-free arbitration and enforcement body for rail, bus, ship and air traffic in Austria (see also: Alternative Dispute Settlement Act ( AStG) and alternative dispute resolution bodies ).

history

The Agency for Passenger and Passenger Rights is a successor to the previous arbitration board of the Bahn der Eisenbahn-Control GmbH and the arbitration board for handling complaints about passenger rights, which was previously part of the Federal Ministry for Transport, Innovation and Technology . From 2015, the area for bus and boat traffic was added to the new arbitration board and was bundled in this agency.

On April 22, 2015, the National Council passed the law on the Passenger and Air Passenger Rights Agency. The agency was presented to the public on June 22, 2015. About 3000 complaints are expected annually.

Legal basis

The legal basis for the agency for passenger and passenger rights is the Passenger and Passenger Rights Agency Act (PFAG) and the Alternative Dispute Settlement Act (AStG)

European law basis for this national law is (§ 2 Abs. 1 PFAG):

  • Regulation (EC) No. 1371/2007 on the rights and obligations of rail passengers,
  • Regulation (EU) No. 181/2011 on passenger rights in bus and coach transport and amending Regulation (EC) No. 2006/2004,
  • Regulation (EC) No. 261/2004 on common rules for compensation and assistance for passengers in the event of denied boarding and in the event of flight cancellation or long delay and repealing Regulation (EEC) No. 295/91 and
  • Regulation (EU) No. 1107/2006 on the rights of disabled passengers and passengers with reduced mobility,
  • Regulation (EU) No. 1177/2010 on passenger rights in sea and inland waterway transport and amending Regulation (EC) No. 2006/2004.

such as

  • the Directive 2013/11 / EU , on alternative dispute resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC
  • Regulation (EU) No. 524/2013 on the online settlement of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC.

purpose

According to § 1 of the PFAG, the agency has to clarify disputes or complaints " from the transport of passengers or passengers on railways, by motor vehicle, in aviation and in shipping with an independent arbitration board and settle them out of court ."

tasks

In its function as an arbitration body, the apf is responsible for resolving passenger or passenger complaints by means of out-of-court dispute resolution - arbitration procedures - and helps those affected to get their rights and compensation in the event of a dispute with the company.

In its function as the enforcement body, apf checks compliance with the rights enshrined in EU regulations in the rail, bus, ship and flight sectors.

Rail transport

Complaints relating to the transport of passengers, luggage or goods on main and secondary lines and which have been made with a railway company or a transport association (Section 78a EisbG) (if they are related to such rail transport services) can be brought to the agency . These complaints can e.g. B. concern:

  • Disputes about compensation in the event of delays and train cancellations,
    • Single tickets: if the delay is more than 60 minutes 25 percent, from 120 minutes 50 percent of the ticket price,
    • Weekly and monthly tickets: the amount of compensation is determined by each company,
  • Penalties,
  • Reimbursement of single tickets and season tickets,
  • Dealing with complaints regarding response deadlines, etc.,
  • damaged or lost baggage,
  • poor quality of the food, the vehicle material or other services, etc.,
  • Lack of information to passengers about their rights and publication of timetables,
  • Failure to respect the rights of people with disabilities and reduced mobility. For travelers with reduced mobility, free assistance must be offered to the train station and when getting on and off the train if they register in good time.
  • Passengers who bought their ticket from a railway company or transport association based in Austria or from a railway company operating in Austria.

Bus transport

Complaints against the holder of the right as a carrier in the context of bus transport and also travel agents, tour operators, ticket sellers and bus station operators can be brought to the agency. These complaints can e.g. B. concern:

  • Compensation for delays. In bus transport with a delay of 120 minutes or more, the passenger is entitled to either:
    • an alternative transport,
    • Reimbursement of the fare,
    • If the passenger is not offered this choice, he / she is also entitled to 50 percent of the ticket price,
  • Reimbursement and compensation in the event of failure or cancellation of bus trips,
  • Missing information about the rights of passengers and entitlements to various assistance / care services (e.g. entitlement to meals / refreshments, accommodation if the onward journey is not possible, telephone calls, free return journey or rebooking ),
  • Failure to respect the rights of people with disabilities and reduced mobility. For travelers with reduced mobility, free assistance must be offered to the bus station and when getting on and off the bus if they register in good time.
  • Replacement for mobility aids that have been damaged or lost by company employees,
  • In the event of incidents related to Austria (either departure / arrival in Austria) or if the ticket was purchased from a company based in Austria or the transport was carried out by such a company.

Air traffic

Passengers can submit disputes or complaints to the Agency for Passenger and Passenger Rights because of alleged violations of rules or prohibitions resulting from Regulation (EC) No. 261/2004 or Regulation (EC) No. 1107/2006 (see also § 39a LFG). These complaints can e.g. B. concern:

  • Compensation for delays in air travel with an arrival delay of three hours or more. Depending on the flight distance, the passenger receives 250 euros, 400 euros or 600 euros compensation,
  • Reimbursement and compensation in the event of flight cancellations or cancellations,
  • Reimbursement and compensation for denied boarding (e.g. due to overbooking),
  • Refund in the event of a downgrade
  • Missing information on the rights of passengers and claims to various assistance / care services (e.g. right to meals / refreshments, accommodation if the onward journey is not possible, telephone calls, free return journey or rebooking),
  • Failure to comply with the rights of people with disabilities and reduced mobility (or assistance or replacement of mobility aids that have been damaged or lost by company employees, etc.)
  • Passengers of an airline with headquarters in Austria,
  • Passengers who take or arrive at airports within Austria (both scheduled and charter flights). When arriving from a non-EU country, only if the airline has its head office in the EU.

Shipping

Those responsible in the context of shipping are license holders and port and passenger facility operators as terminal operators and ticket sellers, travel agents and tour operators. Complaints against these can e.g. B. concern:

  • Compensation for delays in shipping with an arrival delay of 60 minutes or more. 25 percent or 50 percent of the ticket price will be reimbursed (in individual cases this depends on the planned duration of the journey and the actual delay),
  • Reimbursement and compensation in the event of cancellation or cancellation of ship trips,
  • Missing information about the rights of passengers and entitlements to various assistance / care services (e.g. entitlement to meals / refreshments, accommodation if the onward journey is not possible, telephone calls, free return journey or rebooking),
  • Failure to respect the rights of people with disabilities and reduced mobility. For travelers with reduced mobility, free help with the terminal or port and with boarding and alighting must be offered if they register in good time.
  • Replacement of mobility aids that have been damaged or lost by company employees,
  • In the event of incidents related to Austria (either departure / arrival in Austria) or if the ticket was purchased from a company based in Austria or the transport was carried out by such a company.

Procedure

In order to be able to make use of the arbitration board, the incident or company must always be related to Austria.

General

The agency can, in principle, determine the procedural sequence itself as a published and generally accessible guideline (Section 6 (5) PFAG). Before making use of the agency, the person concerned must contact the company and seek a solution (Section 5 (1) PFAG). Only if there is no satisfactory solution can the agency be contacted. A complaint should be made using the online complaint form, but it can also be sent by post or fax.

The agency does not necessarily have to deal with the problem, it is a possibility alongside all the other already existing ones. Within the framework of the EisbG (railway transport) and the KflG (bus transport), the maximum duration of the arbitration attempt before the agency can be dealt with is three months, within the framework of the SchfG (ship transport) two months. In the context of the LFG (air traffic), however, there is no maximum duration of the procedure, so that the complaint can be brought to the agency immediately after no solution has been found with the company concerned.

In principle, the agency must carry out arbitrations within 90 days (Section 6 (1) PFAG). In particularly complex cases, a longer period can also be used.

The companies affected by a complaint must participate in an arbitration procedure and if there is a threat of punishment, they must provide all necessary information and submit documents.

Rejection of a complaint

The agency can refuse to deal with a complaint in accordance with Section 6 (2) PFAG if

  • when the complaint was lodged, the time at which the company concerned was brought up with the matter was more than a year ago, or
  • the submission in the complaint is willful or
  • seems such that treating it would seriously affect the effective operation of the Passenger Rights Agency.

The applicant must be informed immediately of the refusal to deal with a complaint in accordance with Section 6 (4) PFAG.

Suspension of the statute of limitations

Due to the complaint submitted to the agency and the corresponding continuation of an arbitration procedure, the beginning and the continuation of the statute of limitations as well as the other deadlines for asserting the rights and claims affected by the arbitration procedure are suspended according to § 6 para. 3 PFAG.

decision

In principle, the agency's decisions are not binding on companies. If an amicable solution is not found, the agency must inform the parties involved of its opinion on the complaint in accordance with Section 6 (4) PFAG and can also make a recommendation in writing, which, however, is also non-binding and cannot be challenged.

If no amicable solution is found in the proceedings under the Railway Act, the Rail Control Commission can declare that the recommendation of the Agency for Passenger and Passenger Rights because of an alleged violation of applicable provisions of Regulation (EC) No. 1371/2007 or the rail transport - and Passenger Rights Act are declared to be binding (Section 78a (5) EisbG).

costs

The agency is free of charge for those seeking legal advice. The companies concerned are obliged to share the costs. The amount of the costs for the companies concerned is lumped by a separate ordinance of the Federal Minister for Transport, Innovation and Technology and set and adjusted in advance for a financial year at the same amount for each individual arbitration procedure (§ 4 Paragraphs 1 and 3 PFAG. The calculated According to the press release, 40 percent of the costs of 586,000 euros per year will be borne by the transport company and 60 percent by the federal government.)

Further costs are borne by the federal government (Section 4 (1) PFAG). A reimbursement of costs by Eisenbahn Control GmbH for arbitration proceedings within the framework of the Railway Act (e.g. delays in the case of railways) can also be prescribed annually to the companies subject to this facility in an annual lump-sum notification (Section 80 (1) EisbG).

Establishment and organization

The agency for passenger and passenger rights is to be set up in accordance with Section 3, Paragraph 1 of the PFAG by and at Schienen-Control GmbH. In doing so , iene-Control GmbH "has to fulfill its task as an agency for passenger and passenger rights, organizationally and computationally, separately from the fulfillment of the other tasks assigned to it by law ."

The agency consists of a supervisory board with equal representation; the chairperson is appointed by the Federal Ministry for Transport, Innovation and Technology. Several employees and a manager, who is also an arbitrator in accordance with Section 10 (2) AStG, are entrusted with carrying out the agency's tasks.

Web links

Individual evidence

  1. ↑ Broadcast by the Federal Ministry for Transport, Innovation and Technology on June 24, 2015.
  2. ↑ APA-OTS broadcast: Stöger: New agency for passenger and passenger rights focuses on the concerns of travelers from April 22, 2015.
  3. ↑ ORF.at - from the summer agency for passenger and passenger rights from January 27, 2015
  4. ↑ Federal Law Gazette I 61/2015.
  5. ↑ Long title: Federal law that enacts a federal law on alternative dispute resolution in consumer matters and changes the Consumer Protection Act, the Fees Act 1957 and the Consumer Authorities Cooperation Act, Federal Law Gazette I No. 105/2015 .
  6. ↑ OJ. No. L 315, 14.
  7. ↑ OJ. No. L 55, 1.
  8. ↑ OJ. No. L 46, 1.
  9. ↑ OJ. No. L 204, 1.
  10. ↑ OJ. No. L 334, 1.
  11. ↑ OJ. No. L 165, 63.
  12. ↑ OJ. No. L 165, 1.
  13. ^ Federal law on railways, rail vehicles on railways and traffic on railways (Railway Law 1957 - EisbG), Federal Law Gazette No. 60/1957.
  14. ↑ Listed on the website of the agency for passenger and passenger rights.
  15. ↑ applies according to § 32b para. 7 KflG, Federal Law on the regular transport of people by motor vehicles (Kraftfahrliniengesetz - KflG), Federal Law Gazette I No. 203/1999 in conjunction with Article 3 lit. g, h, i and o of Regulation (EU) No. 181/2011 also apply to the following companies.
  16. ↑ Listed on the website of the agency for passenger and passenger rights.
  17. ↑ Regulation on a common regulation for compensation and support services for passengers in the event of denied boarding and in the event of cancellation or long delay of flights and the repeal of Regulation (EEC) No. 295/91, OJ. No. L 46, 1.
  18. ↑ VO on the rights of disabled air travelers and air travelers with restricted mobility, ABl. No. L 204, 1.
  19. ↑ Federal Act of December 2, 1957 on Aviation (Aviation Act - LFG), Federal Law Gazette No. 253/1957.
  20. ↑ Listed on the website of the agency for passenger and passenger rights.
  21. ↑ See: § 71a SchFG, Federal Law on Inland Shipping (Schifffahrtsgesetz - SchFG), Federal Law Gazette I No. 62/1997 in conjunction with Regulation (EU) No. 1177/2010 and § 87a SchFG according to Regulation (EU) No. 1177/2010
  22. ↑ Listed on the website of the agency for passenger and passenger rights.
  23. ↑ The apf has issued such a procedural guideline, which is based on the procedural guideline of the arbitration board of Rail Control GmbH.
  24. ↑ As well as § 78a EisbG / § 32b Abs. 2 KflG / § 71a Abs. 2 and § 87a Abs. 2 SchfG
  25. ↑ Agency for Passenger and Passenger Rights, Linke Wienzeile 4/1/6, 1060 Vienna or Fax: +43 1 5050707 - 180. Complaint form online .
  26. ↑ See Section 78a (2) EisbG; Section 32b (1) KflG Section 39a (1) and (2) LFG; Section 71a and 87a Paragraph 1 SchFG.
  27. ↑ See e.g. B. Section 78a (3) EisbG; § 32b Abs. 1 KflG; Section 139a (1) and (2) LFG; Section 71a Paragraph 3 and Section 87a Paragraph 3 SchFG.
  28. ↑ According to the ordinance of the Federal Minister for Transport, Innovation and Technology on the amount of the contributions of the entrepreneurs affected by arbitration proceedings (PFAG Cost Contribution Ordinance 2015), Federal Law Gazette II No. 150/2015, the contribution of the companies is EUR 78 per arbitration case.
  29. ↑ ORF.at - from the summer agency for passenger and passenger rights from January 27, 2015