Mobility guarantee

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A mobility guarantee is one of the customer's rights towards a mobility service provider, e.g. B. a vehicle manufacturer or dealer or a public transport company. It guarantees the user (car buyer or passenger), based on a contract or law, to use an alternative means of transport if his means of transport fails, for example.

Mobility guarantee for drivers

Legal nature

A mobility guaranteed despite the occasional designation as "insurance benefit" neither insurance within the meaning of the Insurance Contract Act nor an extension of the statutory warranty . However, if the guarantor gives the impression that he is promising insurance or an extension of the guarantee, the guarantee holder's claim can go beyond the guarantee services actually promised because the guarantee holder has to counteract the consumer protection provisions of insurance or warranty law.

The mobility guarantee is only comparable to a limited extent with the benefits of a cover letter for members of an automobile club or insurance with an included cover letter. Both the cover letter and the guarantee case generally assume a breakdown as the starting point for the provision of promised services. If the guarantee is agreed with the purchase of a vehicle, it is legally an ancillary service. In contrast, protection letter services are usually promised as independent services that are not legally related to the purchase of a vehicle.

conditions

The mobility guarantee may already includes buying a new car or by other means (post-warranty) as the constant exploration of a contract workshop be acquired. If the maintenance intervals are adhered to, the customer is assured that he will be helped around the clock every day in the event of a breakdown . The availability of the breakdown service is one of the secondary contractual obligations of the mobility guarantor. However, vehicle repairs and inspections must always have been carried out in a specialist workshop or an authorized workshop . The exact conditions depend on the mobility guarantee granted. If a breakdown hotline cannot be reached for a longer period of time or if the authorized repair shop of the guarantor as his vicarious agent refuses to recognize the repair as a guarantee service and to provide a replacement vehicle, this can trigger claims for damages by the guarantor against the guarantor. The warrantee could claim compensation, which he can then invoice the warrantor.

Burden of presentation and proof

The burden of presentation and proof for a mobility guarantee case lies with the guarantee holder. As with the warranty, however, a reversal of the burden of proof applies in the first six months since the transfer of risk. Section 476 BGB. As far as the mobility guarantee case concerns a sub-case of a durability guarantee, according to According to Section 443 (2) of the German Civil Code (BGB), it may even be assumed for the entire guarantee period that a material defect will result in the rights under the guarantee. If there is a manufacturing-related defect in the vehicle without any external influence, the guarantor must prove for the entire guarantee period that the guarantee has been excluded in order to be able to exempt himself from his obligation to perform.

scope

The breakdown assistance itself is free. The mobility guarantee does not cover accidents, theft, repairs to accidental damage or if you are at fault. Any costs incurred as a result of the mobility guarantee are billed internally between the authorized workshop or breakdown service and the vehicle manufacturer or dealer.

The contents of the mobility guarantee are usually:

  • Breakdown assistance on site
  • Towing to the nearest authorized workshop
  • Replacement car for the duration of the repair
  • Hotel costs in the event of a breakdown on a vacation trip for the duration of the repair

Advantages for automakers = disadvantages for new customers

The mobility guarantee gives the car manufacturer the following advantages, among other things: attracting new customers and retaining them through a so-called "carefree package" as well as additional financial gains if the mobility guarantee is offered for a fee, and the obligation to visit an authorized workshop. Furthermore, the vehicles for which a mobility guarantee is concluded do not appear in the annual breakdown statistics of the automobile clubs in the event of a breakdown, even though the content of the mobility guarantee corresponds to the classic breakdown cover of a vehicle insurance or an automobile club and even the breakdown helpers on site are the same. Here in Germany in 2006 it was possible, through legal manipulation of the laws of mathematical statistics, to eliminate an image problem of car brands that are technically unreliable and yet expensive compared to the competition. However, this deceives potential customers about the actual reliability of a model to be purchased. At the same time, German automobile manufacturers decided to hide another typical image problem of their vehicles, their poor environmental compatibility, through fraudulent manipulation of the exhaust gas values .

For decades, German car brands had performed worse than Japanese vehicle manufacturers in the annual breakdown statistics. As reported by WELT, according to ADAC breakdown statistics in 2005, there were even nine Japanese brands in the top ten. Immediately after the introduction of the mobility guarantee, however, this disadvantage was "statistically" eliminated. A significant part of the breakdowns of German new vehicles has now been removed from the statistics with legal cover. But because the breakdown statistics were only kept for newer vehicles up to six years old, brands such as VW, Mercedes and BMW have been far better in the ranking since 2006 than before. And already after the second year of the embellished breakdown statistics, WELT was able to announce in its online edition on January 14, 2008:

"The cars from Germany have clearly outperformed the competition from Japan in terms of reliability. After the Japanese manufacturers performed better for years, German cars have more than caught up, the ADAC said. The decisive factor for the clear success of the German manufacturers is the improved performance of German vehicles in the last ADAC breakdown statistics. "

The negative advertising at the expense of Japanese vehicles had already had an impact on the statistics of new registrations in Germany in 2007. This stopped the uninterrupted upward trend in new registrations of Japanese cars in Germany that had been going on since 1970.

Mobility guarantee in public transport

European Union consumer policy

Sector measures within the framework of European consumer protection also include the enforcement of consumer rights by consumer protection authorities and in extrajudicial proceedings.

The legislation of the European Union on driving and passenger rights a uniform minimum level to protect the interests of the vehicle or passengers to all modes of transport to ensure the mobility and use to promote public transport.

Building on the rights that were initially granted to passengers, the European Commission has drawn up corresponding regulations in other areas of passenger transport such as rail transport, which are particularly aimed at people with reduced mobility.

The regulation of passenger rights in sea and inland waterway transport was added in 2010.

Railway company

Passenger rights

In Chapter IV of Regulation (EC) No. 1371/2007 , the liability of the railway undertakings towards passengers in the event of delays, missed connections and train cancellations in domestic and cross-border traffic has been binding for all member states of the European Union since December 3, 2009 .

“Delay” means the time difference between the scheduled arrival time of the passenger according to the published timetable and the time of his actual or expected arrival (Art. 3 No. 13 Regulation (EC) No. 1371/2007).

In the event of a delay in departure or arrival of more than 60 minutes after purchasing the ticket, passengers can, in particular, claim a ticket refund or onward travel with a changed route, as well as free assistance such as information about the estimated departure and arrival times, meals and refreshments during the Waiting time, if necessary accommodation in a hotel and alternative transport.

Annex I, Title IV, Chapter II of Regulation (EC) No. 1371/2007 regulates whether and, if so, to what extent the carrier is liable. In particular, the carrier is exempt from liability if he is not responsible for the cancellation, delay or failure to connect. Exclusion of liability in the event of force majeure is, however, inadmissible according to the case law of the European Court of Justice in rail traffic.

Transportation of people with disabilities

Chapter V (Art. 19-25 of Regulation (EC) No. 1371/2007) concerns the right to transport of people with disabilities and people with reduced mobility. Are governed by the barrier-free access to transport by entitlement to a ticket at no extra charge, free assistance at stations on departure, transit through or arrival and the train during boarding and disembarking.

Regulations at the federal level

According to § 17 of the Railway Traffic Regulations (EVO) of 1938, delay or cancellation of a train is not entitled to compensation. In the event of a train failing or being prevented from continuing its journey, the railway only had to ensure that passengers were transported. With Art. 1 of the Act on the Adaptation of Railway Regulations to Regulation (EC) No. 1371/2007 ( Passenger Rights Regulation - Application Act ), this regulation for domestic rail traffic has already been adapted to the requirements of Regulation (EC) No. 1371/2007 adapted.

Deutsche Bahn AG has also adopted the provisions of Regulation (EC) No. 1371/2007 in its conditions of carriage ( A.9 Passenger rights ). In 2018, Deutsche Bahn had to pay its local and long-distance customers a total of 53.6 million euros in compensation; In 2017 there were only 34.6 million.

Section 2 (3) of the Railway Building and Operating Regulations (EBO) provides for the creation of programs for the railways to enable disabled people to use the railway systems and vehicles without difficulty. According to Section 8, Paragraph 2 of theEqual Opportunities for People with Disabilities Act (BGG), the federal government should ensure barrier-free construction in the areas of construction and transport. These requirements were implemented in June 2005 with the 1st accessibility program of Deutsche Bahn AG.

Unsuccessful claims for compensation to the railways as well as complaints to safeguard the rights of people with disabilities and restricted mobility are processed by the arbitration board for public passenger transport and the Federal Railway Authority ( § 5a Paragraph 8, 8a General Railway Act AEG).

Regional transport associations

North Rhine-Westphalia

In North Rhine-Westphalia there is the “Mobility Guarantee NRW”, under which the transport company pays a maximum of 25 euros during the day (5 a.m. to 8 p.m.) or a maximum of 50 euros per person for a taxi ride at night (8 p.m. to 5 a.m.). For long-distance trains, the costs are covered without limits. If several passengers share a taxi, more money is available for a taxi ride. The passenger must advance the costs and request reimbursement of the costs from the transport company responsible (if this is not known from WB Westfalen Bus GmbH or BRS Busverkehr Ruhr-Sieg GmbH ) within 14 days of the incident.

The prerequisite for the mobility guarantee is that the departure time of the means of transport is at least 20 minutes later than stated in the timetable. Strikes , storms , forces of nature and bomb threats are excluded from the mobility guarantee . Delays that occur during the journey and missing a subsequent means of transport are also excluded.

Individual transport companies from the Paderborn-Höxter local transport network are excluded from the mobility guarantee.

Rhein-Ruhr transport association

In the Verkehrsverbund Rhein-Ruhr (VRR), holders of a bear ticket or Ticket2000 receive a maximum of 50 euros per person around the clock. This is a supplement to the Mobility Guarantee NRW; the same requirements, exceptions and deadlines apply.

Verkehrsverbund Rhein-Sieg

The Verkehrsverbund Rhein-Sieg (VRS) also supplements the mobility guarantee NRW: Owners of an Aktiv60Ticket or monthly or Formel9Ticket, a JobTicket or a GroßkundenTicket receive a maximum of 35 euros per person during the day (5 a.m. to 8 p.m.), at night (8 p.m. to 5 a.m. Clock) maximum 60 euros. The same requirements, exceptions and deadlines apply here as with the Mobility Guarantee NRW.

Baden-Württemberg

In Baden-Württemberg, all 22 transport associations introduced a mobility guarantee in 2010 at the request of the Ministry of Transport. According to this, if a connection arrival delay of more than 30 minutes is expected, taxi costs will be reimbursed up to between 35 and 50 euros, depending on the transport association, but not for passengers with school and trainee tickets. Deviating from this, this was not applicable in the district of Göppingen until 2011 because there was no transport association there before.

Karlsruhe

In the Karlsruher Verkehrsverbund (KVV) a mobility guarantee was introduced on July 29, 2009. In the Wabe 100 (Karlsruhe city area), however, a maximum of 25 euros will be reimbursed.

The Verkehrsbetriebe Karlsruhe (VBK) had already offered a mobility guarantee since January 1, 2009. According to this - still valid - regulation, passengers can receive compensation of 5 euros in the event of an actual connection arrival delay of more than 20 minutes. If you lose your connection to the last trip on the operating day, taxi costs of up to 25 euros will be reimbursed. These regulations can neither be used with school and trainee tickets, nor in the event of force majeure - such as a route blocked by illegal parking .

Since May 1, 2017, the KVV has been reimbursing € 1.5 for season tickets with a connection delay of at least 30 minutes, but a maximum of half the ticket price in total. If such a delay was to be expected, up to € 80 of the cost of a rental vehicle with an hourly rate or taxis used instead can be reimbursed. The latter rule can also be used for the last scheduled connection on the operating day for single and day tickets.

Freiburg

In the Regio-Verkehrsverbund Freiburg (RVF), the state-wide regulation only applies to holders of a RegioKarte for adults and to severely disabled people with a severely disabled pass including free travel authorization, i.e. not, for example, for children and passengers with single tickets.

The Freiburger Verkehrs AG (VAG) has its own regulation, which is why journeys only with this are excluded from the RVF mobility guarantee. The VAG reimburses taxi costs of up to 10 euros for all connection losses, for those before 8 p.m. with a waiting time of at least 20 minutes.

VAG also reimburses taxi costs of up to 10 euros if the passenger misses the connection at a terminal stop and the next trip is only available in 20 minutes according to the timetable. This time limit does not apply after 8 p.m. The prerequisite is that the delay was caused by the VAG. The claims must have been reported to the transport company five days after the incident.

Rhein-Neckar transport association

In the Rhein-Neckar transport association (VRN), the state-wide regulation was initially only applicable after a delay of one hour. Since August 1, 2019, the mobility guarantee in the VRN can also be used with training tickets.

PaderSprinter punctuality guarantee

The bus company PaderSprinter covers the costs of a taxi ride up to 20 euros as part of its “PaderSprinter punctuality guarantee”. The prerequisite for this is that the passenger wanted to take the last trip on a day of operation and that it was canceled. PaderSprinter is one of the transport companies that are excluded from the NRW mobility guarantee. In all other cases in which the bus is at least 20 minutes late, the passenger receives a free day ticket, but no refunds for alternative means of transport. Claims must be submitted within eight days.

Rhein-Main transport association

The 10-minute guarantee of the Rhein-Main-Verkehrsverbund applies to journeys made in accordance with the Passenger Transport Act with a destination in the A-tariff areas completely south of the Main except the Odenwaldkreis or in Frankfurt, whereby the lines N1, N2, N5, K47, K48 and 827, as well as the AST traffic in Offenbach and Rüsselsheim, and the urban bus routes in Rüsselsheim are excluded. In the event of an actual connection arrival delay of more than 10 minutes, the full fare will be reimbursed - but no more than price level 4, and a corresponding portion for time tickets. If the scheduled departure time is after 9 p.m., taxi costs of up to 15 euros can be reimbursed instead.

Individual evidence

  1. ↑ Junghans: Legal Aspects of a "Mobility Guarantee" - Contents and Regulierungspraxis , in: Der Verkehrsanwalt (DV), 2/2017, pp. 68–73, ISSN  1438-3373
  2. ↑ Comparison of BMW Mobility Guarantee and BMW Protection Letter, page 6 of the PDF file ( Memento of the original from February 10, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bmw.de
  3. ↑ a b Junghans, Legal Aspects of a "Mobility Guarantee" - Contents and Regulatory Practice, in: Der Verkehrsanwalt (DV), 2/2017, p. 72
  4. ^ Trials against VW in the USA
  5. ↑ SZ: 30 years of breakdown statistics
  6. ↑ a b WELT: to the breakdown statistics 2007
  7. ^ SZ: for breakdown statistics from 2006
  8. ↑ Only as a result of reunification did the relative number of new registrations of Japanese vehicles fall between 1990 and 1995.
  9. ↑ Mariusz Maciejewski, Christina Ratcliff: Consumer Policy: Principles and Tools European Parliament website , May 2019
  10. ^ Esteban Coito: European Parliament Passenger Rights website , April 2019
  11. ↑ Regulation (EC) No. 261/2004 of the European Parliament and of the Council of February 11, 2004 on joint rules for compensation and support services for passengers in the event of denied boarding and in the event of flight cancellation or long delay and repealing the regulation ( EEC) No. 295/91 OJ. No. L 046 of February 17, 2004
  12. ↑ Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 on the rights of disabled passengers and passengers with reduced mobility OJ. No. L 204/1 of July 26, 2006
  13. ↑ EU Consumer Policy Strategy (2007-2013) Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, Brussels, 13 March 2007, COM (2007) 99 final, p. 14
  14. ↑ Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of November 24, 2010 on passenger rights in sea and inland waterway transport and amending Regulation (EC) No. 2006/2004 OJ. No. L 334/1 of December 17, 2010
  15. ↑ Federal Ministry of Transport and Digital Infrastructure : Passenger rights in sea and inland waterway transport. Retrieved February 6, 2020.
  16. ↑ Art. 16-18 of Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers, OJ. L 315/14 of December 3, 2007
  17. ↑ ECJ, judgment of September 26, 2013 - C-509/11
  18. ↑ Bahn has to pay for delays due to force majeure Süddeutsche Zeitung , September 26, 2013
  19. ↑ cf. LG Frankfurt am Main, judgment of October 15, 2003 - 2/1 S 131/03
  20. ↑ Act to adapt railway regulations to Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers, Federal Law Gazette I p. 1146
  21. ↑ cf. Draft of a law to adapt railway regulations to Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of October 23, 2007 on the rights and obligations of passengers in rail traffic DT-Drs. 16/11607 (new) from January 15, 2009, p. 8 ff.
  22. ↑ Conditions of Carriage Deutsche Bahn AG, edition of December 15, 2019, updated February 1, 2020, p. 25 ff.
  23. ^ Bahn: Compensation for delays and train cancellations WDR , February 18, 2019
  24. ↑ cf. BVerwG, judgment of April 5, 2006 - 9 C 1.05
  25. ↑ Accessibility programs of Deutsche Bahn AG bahn.de, accessed on February 5, 2020
  26. ↑ Enforcement agency for passenger rights of people with disabilities at the Federal Railway Authority Response of the Federal Government to a small inquiry, BT-Drs. 19/16736 of January 23, 2020
  27. ↑ Mobility guarantee NRW: Always mobile with a guarantee. Westfalenbus , accessed on October 12, 2015 .
  28. ↑ Mobility guarantee. Buses & Rails NRW / Ministry for Building, Housing, Urban Development and Transport NRW , accessed on October 12, 2015 .
  29. ↑ Reimbursement regulations. Verkehrsverbund Rhein-Ruhr , accessed on October 12, 2015 .
  30. ↑ Mobility guarantee in NRW. Verkehrsverbund Rhein-Sieg , accessed on October 12, 2015 .
  31. ↑ a b Mobility guarantee in Baden-Württemberg . In: Nahverkehrsgesellschaft Baden-Württemberg mbH (Ed.): 3-Löwen-Takt Aktiv . Spring 2013, April 16, 2013, p. 4 , left column ( [1] [PDF; 1.5 MB ]). 3-loewen-takt.de ( Memento from March 19, 2015 in the Internet Archive )
  32. ↑ a b c d dpa / lsw: Mobility guarantee: taxi driving at national costs. In: stuttgarter-nachrichten.de. Stuttgarter Nachrichten Verlagsgesellschaft mbH, April 7, 2010, accessed on August 11, 2016 .
  33. ↑ a b https://web.archive.org/web/20090827075633/http://www.bvrk.de/archiv/artikel/186/kvv-gibt-mit-mobilitaets-und-sauberkeitsgarantie-seinen-kunden-eigene -service promise
  34. ↑ a b c d - ( Memento of the original from August 11, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.kvv.de
  35. ↑ KVV's new mobility and punctuality guarantee from May 1, 2017. (No longer available online.) Karlsruher Verkehrsverbund, April 27, 2017, formerly the original ; accessed on September 14, 2017 .  ( Page no longer available , search in web archives )@1@ 2Template: Toter Link / www.kvv.de
  36. ↑ a b Mobility guarantee. Regio-Verkehrsverbund Freiburg , archived from the original on October 5, 2015 ; accessed on October 12, 2015 .
  37. ↑ VAG guarantee: Safe, convenient and above all on time. Freiburger Verkehrs AG, accessed on August 11, 2016 .
  38. ↑ VAG guarantee. Freiburger Verkehrs AG , accessed on October 12, 2015 .
  39. ↑ Mobility guarantee also applies to season tickets for training trips from August. Verkehrsverbund Rhein-Neckar GmbH, July 25, 2019, accessed on August 29, 2019 .
  40. ↑ A promise is a promise. Our punctuality guarantee. PaderSprinter , accessed October 12, 2015 .
  41. ↑ a b c d Rules of the 10-minute guarantee. (No longer available online.) Rhein-Main-Verkehrsverbund GmbH, December 2015, archived from the original on August 11, 2016 ; accessed on August 11, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot /kundenanektiven.rmv.de
  42. ↑ a b Welcome to the information page for the 10-minute guarantee! (No longer available online.) Rhein-Main-Verkehrsverbund GmbH, December 2015, archived from the original on August 11, 2016 ; accessed on August 11, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot /kundenanektiven.rmv.de
  43. ↑ a b c d brochure on the 10-minute guarantee. (PDF; 824 kB) (No longer available online.) Rhein-Main-Verkehrsverbund GmbH, February 19, 2016, archived from the original on May 27, 2016 ; accessed on August 11, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.rmv.de