Transport contract

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A transport contract in Germany regulates the services ordered by a local public transport authority from a transport company . In Switzerland, the term “offer agreement” is officially used for this, but sometimes there is also talk of “compensation agreement” or “service agreement”. The contents are not completely identical to German transport contracts.

Content of transport contracts

Part of transport contracts are typically

  • the naming of the parties involved
  • Duration of the contract
  • Type and scope of the services to be provided
  • Quality of the service to be provided. The standard DIN EN 13816 can be the benchmark for this
  • Bonus and malus regulation if the quality provided deviates from the quality ordered
  • Income distribution at transport associations

The legal basis for transport contracts in Germany is Regulation (EC) No. 1370/2007 of the EU on the award and financing of public-interest passenger transport services and the German Passenger Transport Act (PBefG).

Parties involved

The parties involved are the customer and the provider of the desired service. On the customer side, these are often special purpose associations, municipalities, cities or other bodies. On the part of the service provider, it is a transport company or a railway company .

Duration of a transport contract

As a rule, the duration of transport contracts is limited by EU Regulation 1370/2007 to 10 years for bus transport and 15 years for rail transport. Due to the often necessary investments in infrastructure, v. a. Vehicles, depots and rail routes and the vehicles, some of which are specifically tailored to the respective infrastructure parameters, are also permitted longer terms in rail transport in certain cases; in the case of direct awards, up to 22.5 years, competitively even longer .

Service to be provided

The description of the service to be provided includes B. the lines to be driven , the cycle times , the passenger kilometers, the transport capacity via the vessel size and, if applicable, the vehicle kilometers. The commissioned transport service is paid by the customer to the transport company, if necessary via a directing company such as a transport association.

Quality of the service to be provided

The transport contract defines the quality in which the service must be provided. The description of the service quality is increasingly based on the European standard DIN EN 13816, which regulates the following points in particular:

  • Availability
  • accessibility
  • time
  • Customer care
  • Comfort
  • safety
  • Environmental influences

Are treated here z. B. frequency of journeys, the use of low-floor vehicles (comfort, accessibility), equipment of the vehicles (e.g. air conditioning), signage and the cleanliness of the vehicles (comfort). Deviations from the quality ordered (e.g. delays beyond a certain extent, cancellation of journeys, use of the wrong vehicles) are increasingly regulated by bonus-malus regulations . In particular, punctuality and connection security can be automatically measured and assessed.

Revenue sharing

The transport service is provided by transport companies, in Germany mostly within transport associations. The transport association often takes on the design of the offer for the sales department and collects the fare. The income received is allocated to the providing companies according to the revenue sharing agreement, the distribution key of which is regulated in the transport agreement. Often the person kilometers are used for this.

history

From mid-2013 to 2014, around 50 new transport contracts were put out to tender in local rail passenger transport, which corresponds to around 40 percent of the total market.

The average contract term is almost 15 years.

Web links

Individual evidence

  1. ↑ Ordinance on Compensation, Loans and Financial Aid according to the Railway Act (PDF) lexfind.ch. Retrieved November 17, 2019.
  2. ↑ Josef Becker, Henrik Behrens, Saskia Hollborn Quality of Local Transport Services , International Transport (55) 1 + 2/2003 , Deutscher Verkehrs-Verlag
  3. ^ Felix Berschin: The European common market in commercial passenger traffic . in: Hubertus Baumeister (Ed.): Recht des ÖPNV., DVV Media Group, Hamburg 2013, ISBN 978-3-7771-0455-3 , pp. 21–229, here p. 107
  4. ↑ Customer orientation and quality management in transport companies , Association of German Transport Companies (VDV), lectures at the 1996 annual conference, alba specialist publisher
  5. ↑ Nikolaus Doll: Shrinking cure for rail in local traffic . In: The world . No. 177 , August 1, 2013, ISSN  0173-8437 , p. 12 ( online under a similar title ).