Arbitration board for public transport
The Arbitration Board for Public Passenger Transport eV (söp) is a body organized under private law responsible for the enforcement of passenger and air passenger rights . She handles complaints from travelers in the event of delays, missed connections and cancellations in rail, bus, air and ship traffic.
The arbitration board was set up in December 2009 in Berlin . The SOEP in organization, funding, legal structure and decision independent of the infrastructure managers and provides its services to all customers of rail , bus , air and ship companies , which the Board of Management themselves are not satisfied by the mode of transport.
tasks
The main task of the Arbitration Board for Public Transport (söp) is the out-of-court settlement of disputes in individual disputes between travelers and transport companies . Linked to this is the increase in customer satisfaction with their transport companies.
In June 2010 the söp was notified by the European Commission , i. This means that it fulfills the requirements of Recommendation 98/257 / EC on the out-of-court settlement of consumer disputes. The söp works objectively independently and neutrally with nationwide responsibility for all travelers who have previously unsuccessfully turned to a train, bus, flight or shipping company with their complaint.
At the beginning of 2013 söp was recognized by the Ministries for Transport, Building and Urban Development and for Food, Agriculture and Consumer Protection as a suitable arbitration body for the settlement of disputes arising from the transport of sea and inland waterways . All companies organized in the Association of German Shipowners (VDR) take part.
With the entry into force of the Consumer Dispute Settlement Act (VSBG), the söp is also officially recognized as a consumer arbitration board.
As a cross-mode arbitration body, the söp pursues a service- and practice-oriented approach: During their journeys, travelers often combine different means of transport (e.g. the 'train to the flight'), which in the event of a dispute involves checking the entire travel chain with all transport companies or companies used. Contract partners may require. In this case, the traveler does not have to worry about questions of responsibility and has a central contact person with söp, regardless of the chosen means of transport.
The arbitration offer of söp is to be completed with arbitration for package travelers (expected start: end of 2019).
For its arbitration work, the söp has received a lot of encouragement from travelers, politics, legal experts, the media, consumer associations and transport companies, which is expressed not least in the growing number of incoming arbitration requests.
management
Christof Berlin is the head of the arbitration board. He is qualified to be a judge and is a trained mediator. In addition to the arbitration practice, he also accompanies the topic scientifically, u. a. as the author of numerous publications and member of the editorial board of the Zeitschrift für conflictmanagement (ZKM). He is also involved in basic and advanced training. Before joining söp, he worked as a lawyer in an international law firm until 2010.
Heinz Klewe is the managing director. His professional background is traffic research (especially public transport), regional transport planning and regional transport policy. For many years he has also represented the interests of customers in the transport sector on a voluntary basis.
Sponsoring association
The organs of the association are the board of directors, the general assembly and the advisory board. The board consists of a minimum of three and a maximum of seven members (currently these are Michael Hoppe, Tobias Heinemann , Berthold Huber , Axel Meynköhn and Matthias von Randow ).
The advisory board
Söp is supported in its work by an advisory board. It currently comprises 21 people who represent the member companies, consumers, the Federal Government, the Bundestag, the federal states and science. The chairman of the advisory board is Marion Jungbluth, Federation of German Consumer Organizations. V.
Arbitration
The arbitration
After receipt of the arbitration request, the söp team will examine the dispute.
Possibility of arbitration
The arbitration requires the participation of the respective transport company in the arbitration procedure. This is generally the case if the transport company is a member of the sponsoring association of the arbitration board for public transport e. V. is.
Arbitration process
After submitting the complete documents, the respective transport company will be contacted in order to give them the opportunity to provide additional comments. The submission is made using the online form provided for this purpose.
With the clarification of the facts a basis for decision is created. The subsequent legal examination of the factual and legal situation is carried out with factual independence and neutrality by the experts of the Arbitration Board for Public Passenger Transport (söp), as is the case with a judge. After completing this check, the interests involved are weighed up. For their amicable settlement, the arbitration board submits a written justified arbitration proposal on the basis of the previously determined legal situation.
All employees working as mediators are qualified to serve as judges . The arbitration board for public transport is only bound by law and order.
Binding effect
The conciliation recommendation is intended to enable an amicable out-of-court solution to the dispute. However, the recommendation is not binding on either party. Only if the complainant and the transport company as the respondent expressly agree to the recommendation or an agreed modification of the proposal, it becomes binding. In addition, the complainants have the option to go to the ordinary courts at any stage of the arbitration procedure - even after a possibly failed arbitration.
costs
The costs of the arbitration procedure are borne by the transport companies in accordance with the provisions of the Consumer Dispute Settlement Act. The arbitration procedure is free of charge for travelers as complainants.
statistics
More than 110,000 travelers (as of 06/2019) have applied for arbitration with the söp. More than 80% of the arbitration requests concern air traffic. In around 90% of all arbitration cases, a solution is found that is accepted by both parties. In 2020, 41,000 customers complained, which is a record and an increase of 60 percent over the previous year. Many trains and flights were canceled in the wake of the COVID-19 pandemic . In the case of airlines in particular, the reimbursement of the ticket price often took months; this means of transport accounted for 84 percent of the complaints.
Arbitration in aviation
On March 21, 2013, the German Bundestag passed the law on arbitration in air traffic, an arbitration procedure for disputes between passengers and air transport companies (by amending or supplementing Sections 57 ff. Of the Aviation Act (LuftVG)). The new regulations are binding from November 1, 2013.
The aviation companies (airlines) are therefore obliged to set up an arbitration board or to join one (§ 57 LuftVG new version). According to the law, the airlines are free to choose an institution organized under private law as the arbitration board. Otherwise they will be subjected to an official arbitration at the Federal Office of Justice (BfJ) (§ 57a LuftVG new version). During the legislative process, it was criticized, among other things, that there will be no uniform body for all airlines and that each airline is free to choose its own arbitration body. In October 2013 it was announced that the largest German airlines Lufthansa , Air Berlin , Condor and TUIfly will join the SÖP on November 1, 2013 and will be members of the sponsoring association.
The procedure is free of charge for passengers.
§ 57b LufVG new version stipulates that airlines only have to take part in an arbitration if claims from consumers (within the meaning of § 13 BGB ) and a claim amount of max. 5000 euros are affected. Thus z. B. Incidents from business trips cannot be arbitrated according to this system. In § 57b LuftVG new version, further requirements are set out when an arbitration is permitted and when not.
See also
Web links
Individual evidence
- ↑ Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of October 23, 2007 on the rights and obligations of rail passengers, OJ. L 315/14 of December 3, 2007
- ↑ Addresses "Arbitration Board" Federal Ministry of Transport and Digital Infrastructure , accessed on February 4, 2020
- ↑ Your complaint website of the söp, accessed on February 4, 2020
- ↑ Tasks of the arbitration board
- ↑ Arbitration Board . In: Schiff & Hafen , issue 5/2013, p. 8, Seehafen-Verlag, Hamburg 2013, ISSN 0938-1643
- ↑ Team of the arbitration board ( Memento of the original from July 19, 2011 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.
- ↑ Online form ( Memento of the original from January 15, 2011 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.
- ↑ Record number of complaints about trains and flights. In: Tagesschau. December 17, 2020, accessed December 27, 2020 .
- ↑ Press release: Clear the way for arbitration in air traffic by the Federal Ministry of Justice of March 26, 2013 on arbitration in air traffic with a link to a corresponding, more extensive press release by the Federal Ministry of Justice of March 21, 2013
- ↑ Overview of the legislative procedure in the documentation and information system for parliamentary processes [1]
- ↑ Ryanair was one of the first airlines to voluntarily submit to arbitration by the arbitration board söp .
- ^ Opinion of the Federation of German Consumer Organizations from July 3, 2012
- ↑ aero.de - Lufthansa, Air Berlin and other airlines enter the arbitration board on October 2, 2013
- ^ Members of the arbitration board
